the process of development of ippc legislation robert sarlamanov ma, ippc expert ministry of...
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The Process of The Process of Development of IPPC Development of IPPC
LegislationLegislation
The Process of The Process of Development of IPPC Development of IPPC
LegislationLegislation
Robert Sarlamanov MA, IPPC ExpertRobert Sarlamanov MA, IPPC Expert
Ministry of Environment and Physical Planning, Ministry of Environment and Physical Planning,
Bercen Exchange Programme, Prague, October, 2004Bercen Exchange Programme, Prague, October, 2004
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Situation until September, Situation until September, 20022002
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;
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IPPC in the Macedonian IPPC in the Macedonian LegislationLegislationCurrent legislation:
Act for protection and improvement of the environment” (Articles 28 and 30);
Forthcoming legislationLaw on Environment – Chapter on:
Integrated Environmental Permitting and Chapter on Adjustment Plans;
Special Laws on air quality, water, waste management
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Process of Development of Process of Development of National National
IPPC RegulationIPPC RegulationSeptember, 2002 – September,
2004;Multidisciplinary approach;Multi-sectoral approach;Transparency;Public Involved
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Industry & other Industry & other Stakeholders Stakeholders
InvolvedInvolved 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
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MethodologyMethodology 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
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ResultsResults
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)
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Supporting resultsSupporting resultsFinalised:National Inventory of current A IPPC
Installations; IPPC BrochureDraft versions: IPPC Manual (Internal and external); IPPC Guide for IndustryPreparatory phase:Manual for development of Adjustment
Plans;Pilot Integrated Environmental Permit
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ActivitiesDone:70% of the potential IPPC Installations visited; Training for the MEPP IPPC related employees; IPPC Seminar for the IndustryPlanned: 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
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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 DecreeIPPC Decree for Determining the Installations for which for Determining the Installations for which an Integrated Permit is required and Time an Integrated Permit is required and Time Schedule for submission of the Adjustment Schedule for submission of the Adjustment
PlansPlans
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Adjustment PlanAdjustment PlanWhat 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
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Type of PermitsType of Permits
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;
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Schedule for Applying for Schedule for Applying for Integrated/Adjustment PermitIntegrated/Adjustment Permit
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
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Applying scheduleApplying schedule
Start 01.01.06
30.06.06
31.12.06
30.06.07
31.12.07
30.06.08
END of applying 31.12.08
METALURGY
ENERGYWASTE
management
MINERALS
CHEMISTRY
OTHERS
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Adjustment Period - Adjustment Period - Implementation Plan Implementation Plan
Start 01.01.06
METALURGY
ENERGY WASTE management
MINERALS
CHEMISTRY
OTHERSEND of applying 31.12.08
END of adjustment period 01.04.14
B A T level
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IPPC Implementation IPPC Implementation PlanPlanExisting Installations:
Compliance with BAT norms by development of an Adjustment Plan (2006-2009) and their implementation until April, 2014, or
Comply with BAT standards immediately and Apply 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
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Charges determinationCriteria 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
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IPPC OrdinanceIPPC Ordinancefor Regulating the Procedure for for Regulating the Procedure for
obtaining A Integrated Environmental obtaining A Integrated Environmental PermitPermit 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;
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Pr ocedu r e
D i ag r am
Preparation forapplying forIntegrated
permit
Submission ofapplication tothe Regulator
Assessment ofthe Application
Publicparticipation
Decision onissuing of an
Permit
Announcementof the Permit
Improvement of theApplicatio
n
Additional data required
Commission
Dispute
Look ifinstallation is
under IPPC
yes
Announcementof the
application
Approval
Negotiationsbetween theOperator andthe Regulator
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Implementation Implementation remarksremarksAdvantages:
Good overview of the situation;Legislation and sub-legislation readyAwareness materials distributed;Training programmes for administration
and consultants;Covering 50% of the costs for
development of the Adjustment Plans;Relatively long adjustment period
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Disadvantages and risks:Bad socio-economic factors in most of
the sectors;Low enforcement capacities;Low administrative capacities especially
on municipal levelPossible resistance from the industry;Possible low consultant capacities;Relatively short implementation period
for certain installations
Implementation Implementation remarksremarks
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Thank youRobert Sarlamanov, MA
[email protected]: ++ 389 70 69 69 89
work: ++ 389 2 3066 930 ext:128