1. Has there been a real improvement in the environmental behavior of industry in Ireland since the EPA was formed? Has taxpayers’ money been wasted? by Cian Brennan, Stephen Corrigan and Melissa Morrissey

2. Before EPA Creation Local Authorities were in charge Local Authorities were in charge  Too many of them  Inconsistencies across regions  Lacked funding  Couldn’t keep up with the flood of policies  Serious conflict of interest  Major polluters themselves

3. Regulations before EPA Govt. Actions with “Pollution” in the title DecadeActsSIs 1920s-1940s00 1950s19 1960s117 1970s212 1980s223 1990s555

4. Industrialisation of Ireland 1970s and on. Industrialisation of Ireland 1970s and on. Oil spillages Oil spillages Increases in fish kills Increases in fish kills Dublin smog Dublin smog Loss of Confidence in local authorities Loss of Confidence in local authorities Political blame shifting Political blame shifting  Generally, environmental crises and disaster. Causes for EPA Creation

5. EPA Responsibilities Environmental licensing E Enforcement of Environmental law Environmental planning and guidance Monitoring and reporting on the environmental status (air, water, waste, noise, land and soil) Environmental research

6. EPA Organisational Structure Director General Office of Environmental Enforcement Office of Communication and Corporate Service Office of Licensing Committee Advisory Committee Office of Corporate Governance

7. EPA Funding Dept of the Environment. Dept of the Environment. Local government Local government Levy charges Levy charges Monitoring charges Monitoring charges Licensing fees. Licensing fees.

8. EPA Main Functions Monitor and analysis the environment Monitor and analysis the environment National environmental protection National environmental protection Licence and control large scale activities. Licence and control large scale activities. Independent reporting of trends in waste generation, management and infrastructure. Independent reporting of trends in waste generation, management and infrastructure. Regulate Ireland's greenhouse gas emissions Regulate Ireland's greenhouse gas emissions Provide guidance to the public and industry on environmental concerns Provide guidance to the public and industry on environmental concerns Promoting waste prevention Promoting waste prevention

9. EPA Licensing Integration Pollution Prevention Control (IPPC) licences Integration Pollution Prevention Control (IPPC) licences Waste licenses Waste licenses Emission Trading Emission Trading Genetically Modified Organisms (GMOs) Genetically Modified Organisms (GMOs) Volatile Organic Compounds (VOCs) Volatile Organic Compounds (VOCs)

10. IPPC Licensing IPPC (Integrated Pollution Prevention Control) licensing July 2004 IPPC (Integrated Pollution Prevention Control) licensing July 2004 Replaced IPC (Integrated Pollution Control) licence Replaced IPC (Integrated Pollution Control) licence The main aims of this licence are to prevent or reduce emissions to the air, water and land, also to reduce waste and use energy efficiently The main aims of this licence are to prevent or reduce emissions to the air, water and land, also to reduce waste and use energy efficiently Implementing the polluter pays principle Implementing the polluter pays principle The Protection of the Environment Act 2003, provides significant amendments The Protection of the Environment Act 2003, provides significant amendments

11. Improvements More strict and provides a more strengthened framework for environmental protection. The applicant required to satisfy more criteria than was the case with the IPC. The list of licensable activities is extended. The EPA has extended powers allowing it to operate more efficiently. Once the industry is up and running, it is subject to continual monitoring. The permit conditions may also be updated.

12. Licensable Chemical Industries organic and inorganic chemicals organic and inorganic chemicals glues, bonding agents and adhesives glues, bonding agents and adhesives artificial fertilizers artificial fertilizers organic or organometallic products organic or organometallic products pharmaceuticals pharmaceuticals Pesticides Pesticides paints, varnishes, dyes and pigments where production exceeds 1000L per week paints, varnishes, dyes and pigments where production exceeds 1000L per week veterinary products veterinary products manufacture of vitamins involving the use of heavy metals manufacture of vitamins involving the use of heavy metals olefins and their derivatives olefins and their derivatives

13. The EPA IPPC Licensing 2005 Inspections417 Prosecutions10 Audits113 Monitor Visits 561 Notes of non Compliance 426

14. EPA Problems Past few years, the EPA issued a significant amount of licenses for industrial waste management. Past few years, the EPA issued a significant amount of licenses for industrial waste management. Created an increase in the amount of monitoring and enforcement activities required. Created an increase in the amount of monitoring and enforcement activities required. Lack of sufficient resources at present to meet the demands required above led to a decline in the policing of these licenses. Lack of sufficient resources at present to meet the demands required above led to a decline in the policing of these licenses.

17. IndependenceProblemSolution Unpopularity of policies designated as desirable or necessary? Shifts responsibility Lack of confidence or consistency? Credible commitment Increased supranational regulation and knowledge requirements? Expertise

18. Independence? In the initial stages of the setting up of the EPA it was made clear that politics and administration needed to be separated i.e. that the agency should be freed from the taint of politics In the initial stages of the setting up of the EPA it was made clear that politics and administration needed to be separated i.e. that the agency should be freed from the taint of politics This would allow it to deal with problems in an unbiased manner This would allow it to deal with problems in an unbiased manner

19. Benefits of An Independent Agency Allows shifting of responsibility: Allows shifting of responsibility: When difficult decisions need to be made, politicians can delegate the problem to the independent agency. When difficult decisions need to be made, politicians can delegate the problem to the independent agency. Allows for Credible Commitment Allows for Credible Commitment An independent agency can commit to a certain policy making course. This would not be true of a governmental agency. An independent agency can commit to a certain policy making course. This would not be true of a governmental agency. Expertise Expertise The agency has high levels of expertise which makes their decisions and policy making commitments highly credible. The agency has high levels of expertise which makes their decisions and policy making commitments highly credible.

20. Is the EPA truly independent of Government? ‘consumers & environmental lobbies’ VS. ‘commercial and agricultural lobbies’ Irelands environment is under increasing pressure economic development Irelands environment is under increasing pressure economic development It could be argued that economic costs in this country are weighed more heavily than environmental costs. It could be argued that economic costs in this country are weighed more heavily than environmental costs. There is in effect a ‘conflict’ of interests between economics and environment. There is in effect a ‘conflict’ of interests between economics and environment.

21. Chart of European Agencies

22. Is taxpayers’ money being wasted? The EPA has a number of sources of income: Oireachtas Grants Lab Intercalibration, Advisory and other services Income from regional laboratories Licensing Activities (IPPC + Waste facilities) Sundry Receipts The Oireachtas grants and Licensing Fees are the two major income sources and in recent years have each made up ~50% of the EPA’s income. Total income over the last number of years has been ~ €30 million on average annually.

23. It could therefore be argued that taxpayers’ money only constitutes 50% of the EPA budget. Do we as taxpayers’ have control over how this money is spent? As discussed previously, although it is an independent agency, the EPA is influenced by government. A continuous chain from citizens to policies exists i.e. we elect politicians who create policies that we like. Policy is therefore ultimately accountable to citizens!

24. The EPA is committed to providing “value for money”* The wide range of activities of the EPA have been outlined earlier This report is interested only in the dealings of the EPA with industry This is best quantified by viewing IPPC activity of the EPA i.e. Granting of licenses License enforcement Is money being wasted? *taken from list of ‘values’ published in 2004 Annual Report & Accounts

25. License Enforcement This includes: This includes: Inspections Inspections Audits Audits Monitoring Visits Monitoring Visits Statutory notices issued Statutory notices issued Notifications of non-compliance issued Notifications of non-compliance issued Prosecutions instigated Prosecutions instigated

31. All of these graphs serve as an illustration that the EPA is having an effect on industry The question still remains though: “is taxpayers’ money being wasted?” In our opinion the EPA are giving good ‘value for money’ with the limited resources at their disposal CONCLUSIONS

32. Public Views Mary Harney “ With such a wide range of functions and powers, it is essential that the agency… possess a strong and independent management.” Mary Harney “ With such a wide range of functions and powers, it is essential that the agency… possess a strong and independent management.” Fine Gael Councillor Tim Lombard says “public confidence in EPA and chemical industries in Cork harbour is at an all time low.” Fine Gael Councillor Tim Lombard says “public confidence in EPA and chemical industries in Cork harbour is at an all time low.” Chemical Industrial Expert Peter North “The EPA has neither the expertise nor the resources to fully monitor and enforce environmental regulations within the industry” Chemical Industrial Expert Peter North “The EPA has neither the expertise nor the resources to fully monitor and enforce environmental regulations within the industry”

33. References www.epa.ie www.epa.ie www.epa.ie C.R. Shipan, Independence and the Irish Environmental Protection Agency:a comparative assessment, a working paper, The Policy Institute, Trinity College Dublin. C.R. Shipan, Independence and the Irish Environmental Protection Agency:a comparative assessment, a working paper, The Policy Institute, Trinity College Dublin. www.eea. www.eea. www.eea www.chaseireland.org www.chaseireland.org www.chaseireland.org www.irishexaminar.ie www.irishexaminar.ie