Transcript Nederland en IMPEL

Conference on Implementation and Enforcement of Environmental Legislation
Session 5:
Compliance and Enforcement
New
New Requirements
Requirements
on
on Inspection
Inspection
European Union Network for
the Implementation and Enforcement
of Environmental Law
Horst Büther, Germany
Malta, October 2013
History
1997: IMPEL – Minimum Criteria for
Inspections
1999: IMPEL - Reference Book for
Environmental Inspections
2001: EU – Recommendation on Minimum
Criteria for Environmental Inspections
2007: IMPEL – Step by Step Guidance
Book for Planning of Environmental
Inspections
2011: IMPEL – easyTools Risk Assessment
Guidance Book
2011: EU - Industrial Emissions Directive
2012: IMPEL – Guidance for IED Inspections
October 2013
Malta
IED
Inspections
European Union Network for
the Implementation and Enforcement
of Environmental Law
2
IED Articles on Inspections
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Inspections
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Recital 26: staff and qualifications
Article 3: Definitions
Article 7: Incidents and accidents
Article 8: Non-compliance
Article 14: Annual emissions report
Article 16: Monitoring requirements
Article 21: Reconsidering of permit conditions
Article 23: Environmental inspections
 For the first time obligatory
October 2013
Malta
European Union Network for
the Implementation and Enforcement
of Environmental Law
3
IMPEL Project IED Inspections
IED
Inspections
Project member countries
Project supporting countries
European Union Network for
the Implementation and Enforcement
of Environmental Law
October 2013
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easyTools
RISK ASSESSMENT
GUIDANCE BOOK
Article
9
Final version February 2012
10
Article 3: Definitions
(22) ‘environmental inspection’ means all actions,
including site visits, monitoring of emissions
and checks of internal reports and follow-up
documents, verification of self-monitoring,
checking of the techniques used and adequacy
of the environment management of the
installation, undertaken by or on behalf of the
competent authority to check and promote
compliance of installations with their permit
conditions and, where necessary, to monitor
their environmental impact;
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Malta
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Inspections
European Union Network for
the Implementation and Enforcement
of Environmental Law
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Article 23: Environmental inspections
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Inspections
1.
2.
3.
4.
5.
6.
System of environmental inspections /
full range of environmental effects
Environmental inspection plan
Content of the inspection plan
Environmental inspection program /
frequency of site visits / risk appraisal /
risk criteria
Non-routine inspections
Inspection report
October 2013
Malta
European Union Network for
the Implementation and Enforcement
of Environmental Law
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Article 23: Environmental inspections
3.
a)
b)
c)
d)
e)
f)
Each environmental inspection plan shall include the
following:
a general assessment of relevant significant
environmental issues;
the geographical area covered by the inspection
plan;
a register of the installations covered by the plan;
procedures for drawing up programmes for routine
environmental inspections pursuant to paragraph 4;
procedures for non-routine environmental
inspections pursuant to paragraph 5;
where necessary, provisions on the cooperation
between different inspection authorities.
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Malta
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Inspections
European Union Network for
the Implementation and Enforcement
of Environmental Law
8
Article 23: Environmental inspections
4. Based on the inspection plans, the competent
-
-
authority shall regularly draw up programmes for
routine environmental inspections, including the
frequency of site visits for different types of
installations.
The period between two site visits shall be based on a
systematic appraisal of the environmental risks of the
installations concerned and shall not exceed 1 year for
installations posing the highest risks and 3 years for
installations posing the lowest risks.
If an inspection has identified an important case of
non-compliance with the permit conditions, an
additional site visit shall be carried out within 6
months of that inspection.
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IED
Inspections
European Union Network for
the Implementation and Enforcement
of Environmental Law
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Lucom Interaction Platform
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Article 23: Environmental inspections
4. The systematic appraisal of the environmental risks
IED
Inspections
shall be based on at least the following criteria:
a) the potential and actual impacts of the installations
concerned on human health and the environment
taking into account the levels and types of emissions,
the sensitivity of the local environment and the risk
of accidents;
b) the record of compliance with permit conditions;
c) the participation of the operator in the Union ecomanagement and audit scheme (EMAS), pursuant to
Regulation (EC) No 1221/2009.
The Commission may adopt guidance on the criteria
for the appraisal of environmental risks.
October 2013
Malta
European Union Network for
the Implementation and Enforcement
of Environmental Law
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Risk Criteria
Potential impacts
 Kind and type of installation
 Risk of accidents
 Handling and storage of waste
Actual impacts
 Levels and types of emissions: air, water, soil
 Sensitivity of the local environment
 Incidents and accidents
Operator performance
 Compliance with permit conditions
 Attitude of the operator
 Environmental management system (EMAS)
October 2013
Malta
Environmental permit
Rn: 53.8851-16- 03513
Regional District
Admin. Cologne
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Potential Impacts
IED
Inspections
1
5
2
4
3
3
4
2
5
1
no
0
No DW
October 2013
DW < 2t/y DW > 2t/y
DW >
350t/y
Malta
DW >
3,500t/y
DW >
20,000t/y
Score
Inspection frequency (years)
Dangerous Waste
European Union Network for
the Implementation and Enforcement
of Environmental Law
13
Actual Impacts
IED
Inspections
1
5
2
4
3
3
4
2
5
1
no
0
Non
PRTR
October 2013
PRTR
<TV
Different
Pollut.
PRTR
>TV
Malta
PRTR
>5TV
PRTR
>10TV
Score
Inspection frequency (years)
Releases to air, water and soil
European Union Network for
the Implementation and Enforcement
of Environmental Law
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Integrated Risk Assessment Method
1
5
2
4
3
3
4
2
5
1
no
0
Type /
Kind
October 2013
Danger.
Subst.
Danger.
Waste
Emisions Environ.
Quality
Malta
Incid. /
Accid.
Score
Inspection frequency (years)
Apraisal of the Installation
IED
Inspections
European Union Network for
the Implementation and Enforcement
of Environmental Law
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Integrated Risk Assessment Method
IRAM principles
The inspection frequency is determined by
the highest impact score
II. The inspection frequency is reduced by one
step, if the set number of highest scores is
not met (the Rule)
III. The inspection frequency can be changed by
one step up or down based on operator
performance
IV. The more criteria are scored high, the more
inspection effort is needed
IED
Inspections
I.
October 2013
Malta
European Union Network for
the Implementation and Enforcement
of Environmental Law
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Implementation of the IED into the
(German) Law on Pollution Control
Betensted / Grandjot / Waskow,
ZUR 7-8/2013, 395-403:

IED
Inspections
Inspection Programs
...assessment methods are developed that
distinguish between impact and operator
criteria; the mean value problem, …, shall
be solved by using the most severe
criterion for determining the inspection
frequency.
October 2013
Malta
European Union Network for
the Implementation and Enforcement
of Environmental Law
Web Tool and Database

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The IRAM rules were implemented into a web based
programme for risk assessment in inspection planning
The programme distinguishes between:
Coordinator ---► decides on inspection task, criteria,
and steering terms and factors
Inspector ------► does the risk assessment
No assessment data storage in the internet
The assessment data can be downloaded as xml- or
csv-files and be imported into national data bases
(Access and Excel)
Address of the programme:
https://www.fms.nrw.de/lip/authenticate.do
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Malta
IED
Inspections
European Union Network for
the Implementation and Enforcement
of Environmental Law
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Lucom Interaction Platform
IED
Inspections
European Union Network for
the Implementation and Enforcement
of Environmental Law
October 2013
Malta
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Lucom Interaction Platform
IED
Inspections
New Language Versions
English
Czech
Welcome, Koordinator BR Köln!
Deutsch
Français
Hrvatski
Date of the last logon: April 1, 2013 at 6:14 PM
Portuguese
You are on the IMPEL form server that provides you with an application for risk assessment in inspection planning.
Slovenian
European Union Network for
the Implementation and Enforcement
of Environmental Law
October 2013
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Article 23: Environmental inspections
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Inspections
5. Non-routine environmental inspections shall be
carried out to investigate serious environmental
complaints, serious environmental accidents,
incidents and occurrences of non-compliance as
soon as possible and, where appropriate, before
the granting, reconsideration or update of a
permit.
European Union Network for
the Implementation and Enforcement
of Environmental Law
October 2013
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Scope of Site Visits
•
•
Non-routine inspections
Scope is defined by kind of accident,
complaint, etc.
Routine inspections
Scope depends on the risk profile
•
Criteria with highest risk will get most
attention
•
Criteria with lowest risk will get least
attention
Scope also depends on qualifications involved
October 2013
Malta
IED
Inspections
European Union Network for
the Implementation and Enforcement
of Environmental Law
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Unannounced Inspections
•
•
•
•
•
•
•
•
•
At factories causing problems
After serious occurrences of noncompliance, accidents
After repeated non-compliances
After repeated complaints
As an expansion of a site visit
To check an ordinance
As focus inspection
After exceeding of ELV‘s or EQS‘s
As control of EQS‘s
October 2013
Malta
IED
Inspections
European Union Network for
the Implementation and Enforcement
of Environmental Law
23
Graduation of non-compliance
A Minor B Relevant C Serious
cases of non-compliance
Were is the violation:
 Compliance with
☻
☻
☻
permit conditions
 Emission limit
☻
☻
☻
values are kept
 Environmental quality
☻
☻
☻
standards are kept
 Aim of permit achieved
☻
☻
☻
------------------------------------------------------------------------ Case of non-compliance:
A
B
C
Requires: ☻nothing ☻assessment ☻enforcement
October 2013
Malta
IED
Inspections
European Union Network for
the Implementation and Enforcement
of Environmental Law
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Article 23: Environmental inspections
6.
-
-
Following each site visit, the competent authority
shall prepare a report describing the relevant findings
regarding compliance of the installation with the
permit conditions and conclusions on whether any
further action is necessary.
The report shall be notified to the operator
concerned within 2 months of the site visit taking
place. The report shall be made publicly available by
the competent authority in accordance with Directive
2003/4/EC of the European Parliament and of the
Council of 28 January 2003 on public access to
environmental information within 4 months of the
site visit taking place.
Without prejudice to Article 8(2), the competent
authority shall ensure that the operator takes all the
necessary actions identified in the report within a
reasonable period.
October 2013
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IED
Inspections
European Union Network for
the Implementation and Enforcement
of Environmental Law
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Inspection Report
•
•
•
Notification to the operator 2 month after on-site
inspection
Publicly available 4 month after inspection in
accordance with EID
 Art. 3: on demand
 Art. 7: summary on the internet
Content of the summary
 Description of the installation and the inspection
 Results: minor/relevant/serious non-compliance
 Measures to be taken by the operator and the
inspection authority
October 2013
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Inspections
European Union Network for
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26
Umweltinspektionsbericht
Fa. Guss GmbH & Co. KG, Aachen
vom 12.12.2012
A) ...
October 2013
...
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[email protected]
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