The Environmental Code and Integrated Permitting (the IPPC way)

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The Environmental Code and Integrated
Permitting(the IPPC way)

• Bo Jansson Swedish Environmental Protection
  Agency
• bo.jansson_at_naturvardsverket.se

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The Swedish Legislation

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

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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)

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Administration an overview
200 130500 700 1500 60
Environmental courts
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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

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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

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16 (15) Environmental Quality Objectives

• Thriving Wetlands
• Sustainable Forests
• Varied Agricultural Landscape
• Magnificent Mountain Landscape
• Good Built Environment
• A rich Diversity of Plant and Animal Life

• 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

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Are we getting there??(within one generation)

• Current conditions are enough
• Can be achieved but further measures are needed
• Very difficult to achieve

• Annually progress reports
• Environmental Objectives Council

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Objectives and interim targets (2005)

• 16 Quality Objectives
• 72 Interim Targets
• 23
• 34
• 14

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2 Clean airAir must be clean enough not to
present a risk to human health or to animals,
plants and cultural assets (2005)
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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, Swedens emission reduced
• to 240,000 tonnes per year

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Need for more interim targets

• Particles
• Benzene
• ?
• ?

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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)

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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

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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

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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

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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

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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

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Product Choice Principle

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

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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 EHAB-activities 5500
• Small Size EHA C-activities15000
• IPPC installations in Sweden 1000

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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)

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A-activities

• Iron and Steel Plants (25)
• Oil Refineries (5)
• Pulp and Paper Plants (65)
• Large Combustion Plants (200 MW) (30)

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B- and C-activities

• Large food Industry B
• Combustion Plants (20-200 MW) (130)
• Textile Industry
• Combustion Plants (lt 20 MW) (hundreds) C
• Petrol Stations (2500)
• Dry Cleaners

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Permit organisation A level
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The Environmental Courts4 members

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

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EIA/ Content of application

• Environmental protection law 1969
• IPPC directive
• EIA directive
• Swedish permit legislation today A mixture of
  all 3

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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

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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

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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)

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

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BAT -BREF

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

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BREF http//eippcb.jrc.es

• 35 adopted BREFs

Pulp and Paper Industry Iron and Steel
Industry Cement Industry Chlor-Alkali
Industry Non-Ferrous-Metal Industry Refineries Was
te Incineration Storage of Chemicals Organic Fine
Chemicals Large Combustion Plants
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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

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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

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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

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