Discussion Question: Environmental Protection Act, 1992
Question 1
A) Outline and discuss the main provisions in the Environmental Protection Act, 1992 as amended that deal with the permitting/licensing procedure for industrial activities with a major pollution potential and implement the permitting procedure set out in Directive 2010/75/EU on industrial emissions (integrated pollution prevention control).
Directive 2010/75/EU on industrial emissions amended under Environmental Protection Act, 1992 aims at controlling industrial emission, based on integrated permitting. It is developed as a general framework based on integrated permitting, where permits are granted by taking into account plant’s complete environmental performance. This is in order to avoid pollution, which is being shifted to different mediums, such as land, air and water, to another. The main priority should be to control and prevent pollution by intervening at source, and, ensuring that plants are making prudent use of natural resources (Directive 2010/75 - Industrial emissions (integrated pollution prevention and control) Text with EEA relevance, 2020).
Directive 2010/75/EU has recast or redefine seven main feature of Environmental Legislation on industrial emissions, in other words, more refined rules are preventing and controlling pollution arising from air, water, and, land are controlled to avoid waste generation from large industrial installation. The key points set out in Directive 2010/75/EU on industrial emissions, with special focus on pollution potential and permitting procedure are:
i) EU member states are under mandatory obligation to control and reduce the impact of industrial emissions causing on the environment. Plants and Installations are authorised to operate with a permit or license that clearly stipulates the conditions for operations, as well, mandating plants to use the best available techniques (BAT). The permit or license for an installation or plant is given after taking into account entire environmental performance of the plant, an ‘integrated approach’ is followed for granting license and permitting procedure (DIRECTIVE 2010/75/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 November 2010).
ii) ‘Polluter pays’ principle and pollution prevention principle should be followed as a general framework for controlling and regulating industrial activities. For preventing, reducing and controlling pollution arising from industrial activities, the main priority should be given to intervening activities at source, giving special attention to the local characteristics and economic situation while planning and conducting industrial activities, and ensuring optimum use of natural resources.
iii) Planning and implementing an integrated approach for controlling emissions into land, air, water, waste management, accident prevention and energy efficiency, through aligning environmental performance requirements for plants and installations. The main emphasis should be on protecting the environment as a whole, rather than, shifting pollution from one medium or source to another (Industrial Emissions Licensing, 2020).
iv) Each plant and installation is allowed to operate only if it holds permit or license, for this, a permit applications including all necessary information should be submitted by the operators to the competent authority in order to set permit conditions. Operators need to use and analyse information set out in the directive for measuring effects of projects on the environment, at the time of processing permit applications. The permit should cover and include all the possible measures to be adopted by plant/installation for ensuring high level protection to the environment. In this, it is necessary to ensure that installation/plant is operated in accordance with the general principle or provisions governing environmental pollution, and, imposing legal obligations for the same. Emission limit values, equivalent parameters, technical measures, polluting substances, and, other requirements for protecting soil, water and land should be clearly set-out and defined (DIRECTIVE 2010/75/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 November 2010. 2020).
B) With reference to specific provisions of the Environmental Protection Act, 1992 as amended analyse the interaction between the national legislation for the licencing of industrial activities with a major pollution potential and the Planning and Development Act 2000 (as amended).
The interaction between national legislation for licensing/permitting procedure and Directive 2010/75/EU on industrial emissions, as defined in amended norms of Environmental Protection Act, 1992, could be said as co-related. However, Directive 2010/75/EU on industrial emissions has adopted more cautious and proactive approach for governing the activities of plants/installation, along with the conduct of operator, in granting licensing/permitting procedure. The licensing/permitting of industrial activities in national legislation is not found as strict as under Directive 2010/75/EU on industrial emissions (DIRECTIVE 2010/75/EU of 24 November 2010 on industrial emissions (integrated pollution prevention and control).
Under the new directive, member states are also made as responsible for setting and defining requirements for plants/installations of certain categories in general binding rules. Moreover, national law assumes the liability for environmental consequences of accidents and incidents, wherever applicable, Union law also assumes responsibility of preventing accidents and limiting their consequences. Reporting procedure has also made more effective where operators are instructed to continuously report to the competent authority on compliance issues and permit conditions. The operators need to ensure strong and effective implementation and enforcement of principles and rules set out in the directive. And, member states are authorised to monitor whether operator and competent authority are taking necessary measures or not (ENVIRONMENTAL PROTECTION AGENCY ACT, 1992. 2020).
C) Explanation of each term:
UN’s Kyoto Protocol has announced three ‘flexible’ mechanisms for achieving reduction targets in around 37 industrialised countries and European community. Greenhouse gas emissions is emerging as one of the main environmental sustainability issue among industrialised countries and European community, requiring strong investment in emission reducing projects, and, searching for alternatives to costly emission reductions techniques.
i) Clean Development Mechanism (CDM): To the date, CDM is considered as arguably one of the most flexible and successful...