Inspection of LCPs System for Inspection ECENA Training

Inspection of LCPs: System for Inspection. ECENA Training Workshop Bristol, March 2008

Introduction This presentation, Session 5, addresses Inspection of LCPs: n System for inspection: General requirements and development of a programme of inspection. n Implementation of a programme of Inspection n Follow up activities. n 2

IPPC Process LCPs are subject to the IPPC directive: n n n 3 Pre-IPPC approach was one of command control – industry was seen as the problem! IPPC approach is one of cooperation between regulators and industry. Incorporates a large degree of self compliance as industry knows best on how its facilities should be operated efficiently – industry seen as the solution.

Relationship with Industry n In countries where the integrated approach has been operating for a number of years, experience has shown that nearly all companies are pro-active: They want a good relationship with their regulators and neighbours. n They are concerned about their image. n They demonstrate self compliance. n 4

Relationship with Industry Experience has shown that there a very limited number of companies, who have poor compliance, even to the point of misleading the authorities. n These companies need a high level of compliance supervision that would not be appropriate to the previous circumstances. n 5

Inspectors’ support groups n n n 6 ECENA – of course!! Detailed set of guidance on website: http: //www. rec. org/REC/Programs/rerep/BERC EN/Training. Manual. html IMPEL Network of environmental inspectorates: http: //ec. europa. eu/environment/impel/index. h tm TAIEX – Technical Assistance Information Exchange Unit. Set up for 10 new Member States, now being phased out:

Guidelines for Inspection of IPPC Activities n Guideline prepared by PM Group in 2005 for Romanian IPPC project. n n 7 Given as handout. Experience has shown in other Member States that one inspector can handle about 25 installations annually.

Guidance on Inspection n n Recommendation 2001/331/EC of European Parliament Planning n n n Types A & B Installations – based on Risk (LCP A) Routine & Non routine n n n Authorisation Inspection Diagnostic – initiated by complaint Accident case Permit review Reporting n 8 Annual Plans; Inspection plans n Inspections Annual reports

Inspection types n Routine inspections n n Authorisation Inspection n n 9 Proactive inspection – aimed at compliance support Accident & Complaints n n With permitting & monitoring staff, Reviews management style Diagnostic inspections n n Impacts, informing, permit evaluation, operator assessment Failure analysis, may be followed by enforcement Permit review n Inspects scope and impact of changes

Inspections Plans n n 10 Annual Plans n Risk Assessment n Frequency of routine inspections n Allow for the unforeseen! Inspection plans n Inspection Stages n Resources for the inspection

Sample Basis for Inspection Plan Inspection Activity Events per year Authorisation Inspections One per application Visits to installations - Pro-active management 1 site visits minimum Compliant management 2 Reluctant management/ high risk 10 Data review at Agency - Pro-active management 4 Compliant management 4 Reluctant management / high risk 12 - 50 Diagnostic investigations Estimate 1 per 5 sites Accident investigations Estimate 1 per 10 sites 11

Minimum requirements All inspections: n Compliance with EU Legislation n Co–ordination between authorities n Reporting n Access to significant areas of site 12

Reporting n Inspection reports n n n Publicly available Consultation with operator Annual reports n n Regional reports National reports n n To EU Formats provided in Recommendation 2001/331/EC n Resources, activity, compliance, actions & assessment All reports accessible to public. 13

Follow up! n n 14 Minutes of meeting need to be promptly issued to company. Inspection report needs to be completed and publicly available within 2 months. Inspection data needs to be safely filed and stored. Conclusion on whether further action should follow, e. g. enforcement proceedings, issuing of new or revised IPPC permit, follow-up inspections, etc.

The Feedback Loop! n Inspections provide the feedback necessary to ensure a good permit: Significant emissions or waste not controlled by permit conditions permit may need to be updated! n Irrelevant or ineffective monitoring permit conditions may need to be updated! n 15

Permit Life Cycle 16

Proposed New Directive on Industrial Emissions n The EU Commissions IPPC Action Plan for 2008 – 2010 includes five key actions: n 17 Action 3: Enhanced monitoring and compliance checks of the application of the legislation on industrial emissions – The commission will continue to monitor the number of IPPC permits issued and updated, and where required investigate the system of monitoring and inspection at

Proposed New Directive on Industrial Emissions n Article 9 Non-compliance: n n Article 25 Inspections: n 18 1. Member States shall take the necessary measures to ensure that the conditions of the permit are complied with. 1. Member States shall set up a system of inspections of installations. That system shall include on-site inspections.

Proposed New Directive on Industrial Emissions Article 25 Inspections: n n n 19 2. Member States shall ensure that all installations are covered by an inspection plan. 3. Details of each inspection plan. 4. Competent authority shall draw up an inspection programme – at least one site visit every 12 months. 5. Routine inspections. 6. Non-routine inspections. 7. Report preparation.

What are the Main Inspection Issues with LCPs: n All fuel types: n n n n 20 Compliance with air emission parameters and noise, improvement programmes to meet BAT, general housekeeping, energy efficiency, complaints received. Oil: Integrity of oil storage and transfer systems, surface water discharges, Coal: Dust emissions from coal storage and landfilling of ash.

Questions? 21