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 CCurrent legislation: Act for protection and improvement of the environment” (Articles 28 and 30); F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 LLeaving the old “command & control” policy; AAdopting the DIALOG policy with the industry and the public in general; TThe goal – high level of protection of environment as a whole

6 Methodology  GAP Analysis;  Drafting;  Stakeholders’ participation;  Tuning;  Entering governmental procedure;  1 st 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 SME through BAS trained consultants

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

11 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

12 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;

13 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 Start END of applying METALURGY ENERGY WASTE management MINERALS CHEMISTRY OTHERS

15 Adjustment Period - Implementation Plan Start METALURGY ENERGY WASTE management MINERALS CHEMISTRY OTHERS END of applying END of adjustment period B A T level

16 IPPC Implementation Plan  Existing Installations: Compliance with BAT norms by development of an Adjustment Plan ( ) and their implementation until April, 2014, or Comply with BAT standards immediately and Apply directly for Integrated Environmental Permit  New Installations: For new installations ( ) by choice: - Immediately BAT or - Adjustment Plan For new installations after , immediate compliance with BAT

17 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

18 IPPC Ordinance for 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;

19 ProcedureProcedure D i a g r a m Preparation for applying for Integrated permit Submission of application to the Regulator Assessment of the Application Public participation Decision on issuing of an Permit Announcement of the Permit Improvem ent of the Applicatio n Additional data required Commission Dispute Look if installation is under IPPC yes Announcement of the application Approval Negotiations between the Operator and the Regulator

20 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

21 D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

22 Thank you Robert Sarlamanov, MA MEPP mob: work: ext:128