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Licensing as a regulatory technique: the example of integrated pollution prevention and control

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Introduction In this chapter we examine the most traditional and prevalent tool through which environmental regulators exercise ongoing control over regulated parties, that is the licence (or authorisation or permit – the terms seem to be used indiscriminately in legislation). We consider elsewhere other areas of environmental law that have licensing at their centre (e.g. water in Chapter 10, waste in Chapter 11, planning in Chapter 13). Here though, we examine in detail the permitting scheme under the Integrated Pollution Prevention and Control (IPPC) Directive, using it as an opportunity to study in detail one particular system of licensing. Direct regulation by licensing is at the core of the regime: Art. 4 requires Member States to ‘take the necessary measures to ensure that no new installation is operated without a permit issued in accordance with this Directive’. The study of the IPPC Directive allows us to examine a number of features of licensing regimes more generally, including for example, in section 4, the use of a variety of ‘standards’. As well as being a good example of a permitting system, the IPPC Directive is also much more, simultaneously responding to certain concerns about direct environmental regulation (and indeed about European Community (EC) environmental regulation), as we will see; in part this is about flexibility, but we will also discuss the IPPC Directive's use of procedure to control flexibility, including procedures that encourage learning and reflection and participatory procedures, as discussed in Chapter 3.

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Implementation of the European IPPC Directive—BAT guidelines for the cement industry in Cyprus
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The European Integrated Pollution Prevention and Control (IPPC) Directive 96/61/EC aims to introduce a European-wide system of integrated prevention and control of pollution in order to secure a high level of protection to the environment as a whole. It places obligations on the Member States (MS) to introduce controls that ensure operators comply with the Directive. In this framework, as a part of the implementation process leading to formal accession of Cyprus to the European Union, the National Technical University of Athens has examined all documents related to the Best Available Techniques (BATs) published by Institutes and Organisations, such as the Institute for Prospective Technological Studies in Spain, the Environmental Protection Agency in Ireland, the World Bank Group and the Ministry for the Environment, Planning and Public Works in Greece. A series of guidelines were developed for the application of BATs for 14 categories of the Cypriot industry that fall into the IPPC Directive. The concept of BATs plays a central role in the Directive because it provides a basis for setting Emission Limit Values (ELVs) as well as the principal benchmark for determining the obligations of industrial operators in respect of pollution prevention and control. This paper presents the guidelines for cement manufacture in Cyprus.

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Whole effluent assessment of industrial wastewater for determination of BAT compliance. Part 2: metal surface treatment industry
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Toxicity testing has become a suitable tool for wastewater evaluation included in several reference documents on best available techniques of the Integrated Pollution Prevention and Control (IPPC) Directive. The IPPC Directive requires that for direct dischargers as well as for indirect dischargers, the same best available techniques should be applied. Within the study, the whole effluent assessment approach of OSPAR has been applied for determining persistent toxicity of indirectly discharged wastewater from the metal surface treatment industry. Twenty wastewater samples from the printed circuit board and electroplating industries which indirectly discharged their wastewater to municipal wastewater treatment plants (WWTP) have been considered in the study. In all factories, the wastewater partial flows were separated in collecting tanks and physicochemically treated in-house. 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Considering the PBS, wastewater from the metal surface treatment industry exhibited very low levels of PBS. In one factory, the origin of ecotoxicity has been attributed to the organosulphide dimethyldithiocarbamate (DMDTC) used as a water treatment chemical for metal precipitation. The assumption based on rough calculation of input of the organosulphide into the wastewater was confirmed in practice by testing its ecotoxicity at the corresponding dilution ratio after pretreatment in the Zahn-Wellens test. Whilst the COD elimination of DMDTC was only 32% in 7 days, the pretreated sample exhibited a high ecotoxicity to algae (LID(A) = 1,536) and luminescent bacteria (LID(lb) = 256). Comparative data from wastewater surveillance by authorities (data from 1993 to 2007) confirmed the range of ecotoxicity observed in the study. 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Although no impact on the WWTP is expected, the question arises whether the organosulphide is completely degraded during the passage of the WWTP. The results show that the organic load of wastewater from the electroplating industry has been underestimated by focussing on inorganic parameters such heavy metals, sulphide, cyanide, etc. Bioassays are a suitable tool for assessing the ecotoxicological relevance of these complex organic mixtures. The proof of biodegradability of the organic load (and its toxicity) can be provided by the Zahn-Wellens test. The environmental safety of water treatment chemicals should be better considered. The combination of the Zahn-Wellens test followed by the performance of ecotoxicity tests turned out to be a cost-efficient suitable instrument for the evaluation of indirect dischargers and considers the requirements of the IPPC Directive.

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  • Cite Count Icon 2
  • 10.2495/sdp090522
Local-Best Available Techniques: a standard broad performance assessment methodology under Best Available Techniques
  • Apr 21, 2009
  • WIT transactions on ecology and the environment
  • A Cikankowitz + 1 more

The implementation of the Integrated Pollution Prevention and Control (IPPC) directive mandates that industries use techniques that have the same effectiveness as Best Available Techniques (BAT). BAT represents the combination of technical processes and management practices with overall positive environmental and cost benefits. Article 13 of the IPPC directive is about the revision for initial permit conditions. To comply, industries should adopt a rigorous approach to justify to the authorities that all of their existing techniques are equivalent to BAT environmental performances. This analysis must be done technique by technique. For this, technical guides have been established at the European level: the BREF. Unfortunately, these documents are not easy to use or particularly clear. Therefore, the aim of this research project is to develop an environmental performance process assessment methodology in order to compare and then validate in house processes as BAT. Our methodology will be tested on wastewater treatment processes for metal finishing sectors. This decision making tool emphasizes the cross media effects and thus corresponds to an integrated approach for the IPPC directive.

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