IPPC implementation in Poland – special focus on public participation in process of issuing IPPC permits INFRA Ankara, Turkey 5-6 November 2009  Artur Dąbrowski

2 INDEX Where I am from? Where I am from? General Info about IPPC in Poland Main steps in the implementation Public participation process Guidline for implementation as the conclusion

3 Geographical Location Mazovia Region is located in middle-eastern part of Poland Capital: Warsaw

4 General Info about the Mazovia Region Area: km² (11,4% of Poland) Inhabitants: (13,5% of Poland) Capital: Warsaw Municipalities: 314

5 INDEX Where I am from? General Info about IPPC in Poland General Info about IPPC in Poland Main steps in the implementation Public participation process Guidline for implementation as the conclusion

6 Goal of IPPC Directive to achieve integrated prevention and control of pollution arising from a wide range of activities by means of measures to prevent or, where that is not practicable, to reduce emissions from industrial facilities to air, water and land, including measures concerning waste, in order to achieve a high level of protection of the environment as a whole

7 Member States have to ensure that permits include all appropriate preventive measures are taken against pollution in particular through the application of BAT no significant pollution is caused waste production is avoided; where waste is produced it should be recovered or, where that is technically and economically impossible, disposed of while avoiding or reducing any impact on the environment energy is used efficiently the necessary measures are taken to prevent accidents and limit their consequences the necessary measures are taken upon definite cessation of activities to avoid any pollution risk and return the site of operation to a satisfactory state.

8 IPPC permit has to Include emission limit values based on BAT Take into consideration potential for transfer of pollution from one medium to another Protect soil and groundwater and establish conditions of waste management if necessary Introduce supplementary requirements necessary to prevent breaches of any environmental quality standard Be periodically reconsidered and updated

9 Polish law concerning IPPC Environmental Protection Law Act on Introduction of the Acts - Environmental Protection Law, the Waste Act and Amending Certain Acts This laws came into force on ( provisions transposing IPPC requirements on )

10 Executive orders Delegation resulting from the previously mentioned acts Regulation of of the MoE on the types of installations that cause considerable pollution of particular elements of nature and environment as a whole (transposition of Annex1) Regulation of of the MoE on the registration fees

11 Executive orders Regulation of of the MoE on the types of installations for which the operators may apply for compliance programs

12 General requirements One integrated permit for all IPPC installations located at one site Permit granted for a limited time – max. 10 years Regular review of the integrated permits (at least every 5 years) Shut down of the installation operation – in case of operating without permit Public participation in the permit issuing procedure Transboundary impact assessment

13 Timetable requirements New installation – before starting operating, Existing installation – not later than (Schedule for individual sectors are set in detail in Regulation of MoE of )

14 Transition period Poland negotiated a 3 years transitional period extending the deadline for full compliance with BAT till for the following groups of installations: municipal heat sources with a rated thermal input between 50 and 300 MW municipal waste landfills receiving tones per day 65 large installations implementing compliance programs

15 Institutions The Competent Authority – Minister of Environment Permit granting Authorities: Marshal of the Voivodeship (regional administrators 16) for installation that can have a significant impact on environment, subject to a statutory requirement to provide a report concerning their impact on environment Starost (county administrators 380) for other installation from Annex 1

16 Institutions Inspection Authority - Chief Inspectorate for Environmental Protection and 16 Voivod Inspectorates Appeals Authority – Minister of Environment (for Marshals) and appeals boards (for starosts) National BAT Center ( within the structure of MoE)- responsible for assembling and exchanging information on BAT and for running the applications and permits registers

17 INDEX Where I am from? General Info about IPPC in Poland Main steps in the implementation Main steps in the implementation Public participation process Guidline for implementation as the conclusion

18 Main steps in the implementation (1) Establishing the BAT Center within the structure of Ministry of Environment Creating IPPC website: link Inventory of total number IPPC installations Preliminary in Updated in Under marshals competence 1116 Under starosts competence 854

19 Main steps in the implementation (2) Elaboration of guidelines and manuals Information on IPPC distributed at conferences, seminars, trainings available also at website The guideline for IPPC application The guideline for administration on implementation Draft application form

20 Main steps in the implementation (3) English version of BREFs are available on website On Polish website are displayed translation of BREFs into Polish BAT in the Cement and Lime Manufacturing Industries BAT in the Pulp and Paper Industry BAT in the Glass Manufacturing Industry BAT in the Non Ferrous Metals Industries BAT in the Chlor - Alkali Manufacturing industry BAT to Industrial Cooling Systems Reference Document on General Principles of Monitoring BAT on the Production of Iron and Steel BAT in the Ferrous Metals Processing Industry

21 Main steps in the implementation (4) Establishment of Technical Working Groups for different IPPC sectors ( 2002) to gather together representatives of industry, authorities, science, etc to create forum of exchanging information on IPPC and BAT to elaborate branches guidelines for specific sectors

22 Main steps in the implementation (5) Trainings for administration and conferences and seminars for industry training within the PHARE pilot projects, training for trainers and 2600 officials Conferences co-organized by MoE Seminars for selected industrial sectors by Technical Working groups of BAT Center

23 Main steps in the implementation (6) PHARE/DISAE project POL-102 with GB (1998-9) Twinning PHARE 1998 with France ( ) Twinning PHARE 1999 with Netherlands and GB (2000-2) Twinning PHARE 2000 with Spain and Denmark Bilateral project with Denmark (2003-4)

24 Main steps in the implementation (7) Strengthening of administration Developing BAT Center and continuing its work on BREFs Disseminating of Guidelines Updating IPPC website Providing industry with relevant information Performing the pre-inspection to determine the progress in delivering application and effectiveness of permit granting procedure Integrating existing national databases in accordance with EPER requirements Join process of elaboration of the BREFs by EIPPCB in Seville

25 INDEX Where I am from? General Info about IPPC in Poland Main steps in the implementation Public participation process Public participation process Guidline for implementation as the conclusion

26 Public participation in the original Directive 96/61/EC „(…)Member States shall take the necessary measures to ensure that applications for permits for new installations or for substantial changes are made available for an appropriate period of time to the public, to enable it to comment on them before the competent authority reaches its decision. That decision, including at least a copy of the permit, and any subsequent updates, must be made available to the public.” „The results of monitoring of releases as required under the permit conditions (…) held by the competent authority must be made available to the public.”

27 Directive 2003/35/EC Directive 2003/35/EC (covers public participation in drawing up certain plans and programmes) and updates provisions on public participation in permitting procedures at national level under Environmental Impact Assessment (EIA) and IPPC, and introduces access to justice rules.

28 Amendments to Directive 96/61/EC from Directive 2003/35/EC – new definitions „The public” shall mean one or more natural or legal persons and, in accordance with national legislation or practice, their associations, organisations or groups; „The public concerned” shall mean the public affected or likely to be affected by, or having an interest in, the taking of a decision on the issuing or the updating of a permit or of permit conditions; for the purposes of this definition, non-governmental organisations promoting environmental protection and meeting any requirements under national law shall be deemed to have an interest;

29 Public participation in the permit procedure in new content of Directive 96/61/EC (1) „Member States shall ensure that the public concerned are given early and effective opportunities to participate in the procedure for: - issuing a permit for new installations, - issuing a permit for any substantial change in the operation of an installation, - updating of a permit or permit conditions for an installation (…)”

30 Public participation in decision-making procedure Annex V to the Directive 96/61/EC (1) 1. The public shall be informed (by public notices or other appropriate means such as electronic media where available) of the following matters early in the procedure for the taking of a decision or, at the latest, as soon as the information can reasonably be provided: (a) the application for a permit or, as the case may be, the proposal for the updating of a permit or of permit conditions (…); (b) where applicable, the fact that a decision is subject to a national or transboundary environmental impact assessment or to consultations between Member States (…);

31 Public participation in decision-making procedure Annex V to the Directive 96/61/EC (2) (c) details of the competent authorities responsible for taking the decision, those from which relevant information can be obtained, those to which comments or questions can be submitted, and details of the time schedule for transmitting comments or questions; (d) the nature of possible decisions or, where there is one, the draft decision; (e) where applicable, the details relating to a proposal for the updating of a permit or of permit conditions; (f) an indication of the times and places where, or means by which, the relevant information will be made available; (g) details of the arrangements for public participation and consultation.

32 Public participation in decision-making procedure Annex V to the Directive 96/61/EC (3) 2. Member States shall ensure that, within appropriate time-frames, the following is made available to the public concerned: (a) in accordance with national legislation, the main reports and advice issued to the competent authority or authorities at the time when the public concerned were informed (b) in accordance with the provisions of Directive 2003/4/EC (…) on public access to environmental information, information other than that referred to in point 1 which is relevant for the decision (…) and which only becomes available after the time the public concerned was informed in accordance with point 1.

33 Public participation in decision-making procedure Annex V to the Directive 96/61/EC (4) 3. The public concerned shall be entitled to express comments and opinions to the competent authority before a decision is taken. 4. The results of the consultations held pursuant to this Annex must be taken into due account in the taking of a decision.

34 Public participation in decision-making procedure Annex V to the Directive 96/61/EC (5) 5. The detailed arrangements for informing the public (for example by bill posting within a certain radius or publication in local newspapers) and consulting the public concerned (for example by written submissions or by way of a public inquiry) shall be determined by the Member States. Reasonable time-frames for the different phases shall be provided, allowing sufficient time for informing the public and for the public concerned to prepare and participate effectively in environmental decision-making subject (…)

35 Public participation in the permit procedure in new content of Directive 96/61/EC (2) „When a decision has been taken, the competent authority shall inform the public in accordance with the appropriate procedures and shall make available to the public the following information: (a) the content of the decision, including a copy of the permit and of any conditions and any subsequent updates; and (b) having examined the concerns and opinions expressed by the public concerned, the reasons and considerations on which the decision is based, including information on the public participation process.”

36 Key elements of the public participation procedure – rules of Polish EPL  Placing of documents in a publicly accessible record;  Notifying the public about the initiation of a procedure, the possibility of becoming familiar with the documentation of the procedure, and the possibility of submitting comments and recommendations;  Becoming familiar with the documentation;  Submitting comments and recommendations;  Cosideration of comments and recommendations by a competent authority;  Notifying the public about the decision made and the possibility of becoming familiar with it together with the accompanying information on the submitted comments and recomendations and the ways in which they were used. Moreover, the competent authority may conduct a public administrative trial.

37 Six steps of public participation  Step 1: Drawing up a plan of public notification and public participation  Step 2: Identifying target groups for public notification and public participation  Step 3: Notification of the public  Step 4: Collection of public comments and recommendations  Step 5: Examination of public comments and recommendations  Step 6: Assessment of the results of public participation

38 Techniques of informing the public - example

39 Techniques of informing the public - example

40 Public participation procedure Information concerning IPPC application in publicly accessible data records (where and when it is publicly accessible – non confidential part, information about possible remarks, 21 days term for public access and for remarks) Aprove or reject public remarks Administrative trial (optional) Public access to project of administrative decision (7 days)

41 General remarks concerning public participation Involving the public in decision-making often means changing administrative practice. Not all authorities accept public participation easily for this reason.

42 INDEX Where I am from? General Info about IPPC in Poland Main steps in the implementation Public participation process Guideline for implemetation as the conclusion Guideline for implemetation as the conclusion

43 Guideline for implementation 1. Identify sites within scope of the directive 2. Assess existing administrative institutions responsible for issue environmental permits and examine regimes to administer and control its implementation by industry 3. Compare IPPC permit requirements and processes to existing national law 4. Establish steps ( phases) of implementation according to the availability and capacity of resources

44 Guideline for implementation 5. Evaluate capacity of existing administration to carry out the responsibilities laid down by the directive 6. Consult representatives of industry( at least from energy, metal production and processing minerals, chemicals, waste management sectors) on implementation issues 7. Consider appropriate level of administration to issue permit. IPPC licensing needs much expertise, knowledge and experience but may be introduced on national as well as regional level

45 Guideline for implementation 8. Consider as a base for IPPC permit evaluation of the design of the entire plant (all production process) rather than end of pipe standards 9. Ensure that permit contain requirements for protecting land air and water from environmental damage and conditions how to identify and monitor air emissions 10. Define penalties for failure to cooperate with the competent authorities and inspectors as well as for breaches of permit requirements by industry 11. Require financial bounds from industrial operators to cover decommissioning costs

46 Guideline for implementation 12. To ensure public participation in licensing process make permitting information available by posting register of decisions and permits in relevant administration office (website)

47 Thank you very much for your attention! Contact details: Artur Dabrowski Tel