The process of development of ippc legislation
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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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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


Situation until september 2002

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


Ippc in the macedonian legislation

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


Process of development of national ippc regulation

September, 2002 – September, 2004;

Multidisciplinary approach;

Multi-sectoral approach;

Transparency;

Public Involved

Process of Development of National IPPC Regulation


Industry other stakeholders involved

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


Methodology

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


Results

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


Supporting results

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


Activities

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


The process of development of ippc legislation

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


Adjustment plan

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


Type 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;

Type of Permits


Schedule for applying for integrated 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

Schedule for Applying for Integrated/Adjustment Permit


Applying schedule

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


Adjustment period implementation plan

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


Ippc implementation plan

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


Charges determination

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


Ippc ordinance for regulating the procedure for obtaining a integrated environmental permit

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;


Pr ocedu r e

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


Implementation remarks

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


Implementation remarks1

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


The process of development of ippc legislation

Thank youRobert Sarlamanov, [email protected]@moepp.gov.mkmob: ++ 389 70 69 69 89work: ++ 389 2 3066 930 ext:128


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