The Process of Development of IPPC Legislation

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
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

3
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

4
Process of Development of National IPPC
Regulation

• September, 2002 September, 2004
• Multidisciplinary approach
• Multi-sectoral approach
• Transparency
• Public Involved

5
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

6
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

7
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)

8
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

9
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

10
IPPC Decree for Determining the Installations
for which an Integrated Permit is required and
Time Schedule for submission of the Adjustment
Plans

• 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

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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

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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

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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

14
Applying schedule
MINERALS
METALURGY
OTHERS
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
WASTE management
CHEMISTRY
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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
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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 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 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

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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

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Pr ocedu r e
Look if
installation is
under IPPC
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
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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

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Implementation remarks

• 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

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Thank youRobert Sarlamanov, MAMEPProberts1_at_mt
.net.mkrsarlamanov_at_moepp.gov.mkmob 389 70
69 69 89work 389 2 3066 930 ext128