Conference on Implementation and En-forcement of Environmental Legislation Session 5:
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Transcript of Conference on Implementation and En-forcement of Environmental Legislation Session 5:
Conference on Implementation and En-Conference on Implementation and En-forcement of Environmental Legislationforcement of Environmental Legislation
Session 5:Session 5:Compliance and EnforcementCompliance and Enforcement
Horst Büther, GermanyHorst Büther, Germany Malta, October 2013Malta, October 2013
New Requirements on Inspection
New Requirements on Inspection
European Union Network forthe Implementation and Enforcement
of Environmental Law
European Union Network forthe Implementation and Enforcement
of Environmental Law
October 2013 Malta 2
HistoryHistory
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 Directive2012: IMPEL – Guidance for IED Inspections
IED InspectionsIED Inspections
European Union Network forthe Implementation and Enforcement
of Environmental Law
European Union Network forthe Implementation and Enforcement
of Environmental Law
3
IED Articles on InspectionsIED Articles on Inspections
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
MaltaOctober 2013
IED InspectionsIED Inspections
European Union Network forthe Implementation and Enforcement
of Environmental Law
European Union Network forthe Implementation and Enforcement
of Environmental Law
Project member countriesProject member countries Project supporting countriesProject supporting countries
IMPEL Project IED InspectionsIMPEL Project IED Inspections
October 2013 Malta 4
IED InspectionsIED Inspections
European Union Network forthe Implementation and Enforcement
of Environmental Law
European Union Network forthe Implementation and Enforcement
of Environmental Law
easyToolseasyToolsRISK ASSESSMENTGUIDANCE BOOK
Final version February 20129
1010
Article
Article 3: Article 3: DefinitionsDefinitions
October 2013 Malta 6
‘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;
(22)(22)
IED InspectionsIED Inspections
European Union Network forthe Implementation and Enforcement
of Environmental Law
European Union Network forthe Implementation and Enforcement
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1. System of environmental inspections / full range of environmental effects
2. Environmental inspection plan3. Content of the inspection plan4. Environmental inspection program /
frequency of site visits / risk appraisal / risk criteria
5. Non-routine inspections6. Inspection report
October 2013 Malta
IED InspectionsIED Inspections
European Union Network forthe Implementation and Enforcement
of Environmental Law
European Union Network forthe Implementation and Enforcement
of Environmental Law
Article 23: Article 23: Environmental inspectionsEnvironmental inspections
Article 23: Article 23: Environmental inspectionsEnvironmental inspections
3. Each environmental inspection plan shall include the following:
a) a general assessment of relevant significant environmental issues;
b) the geographical area covered by the inspection plan;
c) a register of the installations covered by the plan;d) procedures for drawing up programmes for routine
environmental inspections pursuant to paragraph 4;e) procedures for non-routine environmental
inspections pursuant to paragraph 5;f) where necessary, provisions on the cooperation
between different inspection authorities.
October 2013 Malta 8
IED InspectionsIED Inspections
European Union Network forthe Implementation and Enforcement
of Environmental Law
European Union Network forthe Implementation and Enforcement
of Environmental Law
9MaltaOctober 2013
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.
4.4.
--
--
4.4.
--
--
IED InspectionsIED Inspections
European Union Network forthe Implementation and Enforcement
of Environmental Law
European Union Network forthe Implementation and Enforcement
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Article 23: Article 23: Environmental inspectionsEnvironmental inspections
Lucom Interaction PlatformLucom Interaction PlatformLucom Interaction PlatformLucom Interaction Platform
October 2013 Malta 10
Article 23: Article 23: Environmental inspectionsEnvironmental inspections
4. The systematic appraisal of the environmental risks 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 eco-
management 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 11
IED InspectionsIED Inspections
European Union Network forthe Implementation and Enforcement
of Environmental Law
European Union Network forthe Implementation and Enforcement
of Environmental Law
12
Risk CriteriaRisk CriteriaPotential impactsPotential impacts Kind and type of installation Risk of accidents Handling and storage of waste Actual impactsActual impacts Levels and types of emissions: air, water, soil Sensitivity of the local environment Incidents and accidents Operator performanceOperator performance Compliance with permit conditions Attitude of the operator Environmental management system (EMAS)
Malta
Regional DistrictAdmin. Cologne
Environmental permitRn: 53.8851-16- 03513
October 2013
Potential ImpactsPotential Impacts
Dangerous Waste
5
no
4
3
2
1
0
1
2
3
4
5
No DW DW < 2t/y DW > 2t/y DW >350t/y
DW >3,500t/y
DW >20,000t/y
Sco
re
Insp
ectio
n fr
equ
ency
(yea
rs)
October 2013 Malta 13
IED InspectionsIED Inspections
European Union Network forthe Implementation and Enforcement
of Environmental Law
European Union Network forthe Implementation and Enforcement
of Environmental Law
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Actual ImpactsActual ImpactsReleases to air, water and soil
5
no
4
3
2
1
0
1
2
3
4
5
NonPRTR
PRTR<TV
DifferentPollut.
PRTR>TV
PRTR>5TV
PRTR>10TV
Sco
re
Insp
ectio
n fr
equ
ency
(yea
rs)
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European Union Network forthe Implementation and Enforcement
of Environmental Law
European Union Network forthe Implementation and Enforcement
of Environmental Law
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Apraisal of the Installation
5
no
4
3
2
1
0
1
2
3
4
5
Type /Kind
Danger.Subst.
Danger.Waste
Emisions Environ.Quality
Incid. /Accid.
Sco
re
Insp
ectio
n fr
equ
ency
(yea
rs)
IIntegrated ntegrated RRisk isk AAssessment ssessment MMethodethod
October 2013 Malta
IED InspectionsIED Inspections
European Union Network forthe Implementation and Enforcement
of Environmental Law
European Union Network forthe Implementation and Enforcement
of Environmental Law
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IRAM principles
I. 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
IIntegrated ntegrated RRisk isk AAssessment ssessment MMethodethod
MaltaOctober 2013
IED InspectionsIED Inspections
European Union Network forthe Implementation and Enforcement
of Environmental Law
European Union Network forthe Implementation and Enforcement
of Environmental Law
Implementation of the IED into the Implementation of the IED into the (German) Law on Pollution Control(German) Law on Pollution Control
Betensted / Grandjot / Waskow, ZUR 7-8/2013, 395-403:
Inspection Programs
MaltaOctober 2013
IED InspectionsIED Inspections
...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. European Union Network for
the Implementation and Enforcementof Environmental Law
European Union Network forthe Implementation and Enforcement
of Environmental Law
18
Web Tool and DatabaseWeb Tool and Database
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 factorsInspector ------ 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
MaltaOctober 2013
IED InspectionsIED Inspections
European Union Network forthe Implementation and Enforcement
of Environmental Law
European Union Network forthe Implementation and Enforcement
of Environmental Law
Malta 19
Lucom Interaction PlatformLucom Interaction PlatformLucom Interaction PlatformLucom Interaction Platform
October 2013
IED InspectionsIED Inspections
European Union Network forthe Implementation and Enforcement
of Environmental Law
European Union Network forthe Implementation and Enforcement
of Environmental Law
European Union Network forthe Implementation and Enforcement
of Environmental Law
European Union Network forthe Implementation and Enforcement
of Environmental Law
Malta 20
New Language VersionsNew Language Versions
Lucom Interaction PlatformLucom Interaction PlatformLucom Interaction PlatformLucom Interaction Platform
October 2013
English
Czech
Deutsch
Français
Hrvatski
Portuguese
Slovenian
Welcome, Koordinator BR Köln!
Date of the last logon: April 1, 2013 at 6:14 PM
You are on the IMPEL form server that provides you with an application for risk assessment in inspection planning.
IED InspectionsIED Inspections
Article 23: Article 23: Environmental inspectionsEnvironmental inspections
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IED InspectionsIED Inspections
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.
5.5.
European Union Network forthe Implementation and Enforcement
of Environmental Law
European Union Network forthe Implementation and Enforcement
of Environmental Law
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Scope of Site VisitsScope of Site Visits
• Non-routine inspectionsNon-routine inspections Scope is defined by kind of accident, complaint, etc.
• Routine inspectionsRoutine inspections Scope depends on the risk profile• Criteria with highest risk will get most
attention• Criteria with lowest risk will get least
attentionScope also depends on qualifications involved
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European Union Network forthe Implementation and Enforcement
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European Union Network forthe Implementation and Enforcement
of Environmental Law
Unannounced InspectionsUnannounced Inspections• At factories causing problems• After serious occurrences of non-
compliance, 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
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IED InspectionsIED Inspections
European Union Network forthe Implementation and Enforcement
of Environmental Law
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Graduation of non-complianceGraduation of non-complianceA Minor B Relevant C Seriouscases 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
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European Union Network forthe Implementation and Enforcement
of Environmental Law
European Union Network forthe Implementation and Enforcement
of Environmental Law
Article 23: Article 23: Environmental inspectionsEnvironmental 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.
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of Environmental Law
European Union Network forthe Implementation and Enforcement
of Environmental Law
Inspection ReportInspection 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 Malta 26
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of Environmental Law
European Union Network forthe Implementation and Enforcement
of Environmental Law
A) ...
...
Umweltinspektionsbericht
Fa. Guss GmbH & Co. KG, Aachenvom 12.12.2012
27October 2013
[email protected]@brk.nrw.de
Malta 28October 2013