Permitting as an instrument to manage and control fine dust

Permitting as an instrument to manage and control fine dustKaren Goris - Environmental Licences Division Environment, Nature & Energy DepartmentFlanders Region – BELGIUM

Visit SEE delegation 31th March 2009 Karen Goris

Environmental Licences Division

Contents

• The Flemish Region within Belgium• The Environmental Licences Division• Permitting system in Flanders• Permitting procedure• Permit conditions• Action plans fine dust• Practical approach of fine dust in permits



The Flemish Region within Belgium

Belgium: in the heart of Europe




Flanders Region

Walloon Region

Brussels CapitalRegion

Belgium : a federal state with 3 Regions




The 3 Regions of Belgium

Environment is a regional responsabilityEach region has its own legislation and permitting system

FLEMISH REGION BRUSSELS-CAPITAL REGION

WALLOON REGION

Northern Central Southern

6 M inhabitants 1 M 3 M

Dutch (= Flemish) Dutch & French French (& German)



Min

istry

of L

NE

Minister + Office

Environment andNature Council ofFlanders (“MiNa-

Council”)Policy CouncilTechnicalCommittees

Agency for Nature andForests without legal personality

(ANB)

Institute for Nature andForest Research without legal

personality (INBO)

Flemish Energy Agency(VEA)

Department

................................ManagementSupport Services

Public Waste MaterialsCompany for the Flemish

Region with legal personal-ity (OVAM)

Flemish EnvironmentCompany with legal personality

(VMM)

Flemish Land Company,established under public law

(VLM)

Flemish Regulatory Body for theElectricity and Gas Market, established

under public law (VREG)



Secretary-general

General Affairs, Communication and Legal

Affairs

Central Data Manage-ment

Management SupportServices

Educational Centres

Internal Control-Ministry LNESecretariat-general

Environmental, Natureand Energy Policy

International Environ-mental Policy

Land and Soil Protec-Tion, Subsoil, andNatural Resources

Environmental Inte-gration and Subsidies

General DirectorEnvironmental Hygiene

Coordinator

EnvironmentalLicences

EnvironmentalInspectorate

Air, Nuisance, Riskmanagement, Environ-

ment and Health

External Offices

External Offices

External Offices



The Environmental Licences Division

• part of the Environment, Nature and Energy Department (LNE)

• vision:

• we do this by:

The Environmental Licences Division is responsible for the prevention and reduction

of pollution by (industrial) activities

evaluation of environmental licence applicationsupdating permit conditions based on BATdrawing up, updating and evaluating environmental conditions



The Environmental Licences Division


Environmental Licences Policy

Legal & Technical Support to the Licences Policy

Best Available Techniques and

Recognitions

provincialexternal office





Environmental Licences Division: 115 staff members (75 highly skilled advisors)



Permitting system in Flanders

Before 1991: • system of ‘single media permits’

no integrated approach, fragmentated permit conditions• environmental licences & inspectorate division = together

History of permitting:• 1946 ARAB (workplace safety)• 1959 natural resources• 1971 waste water permit• 1974 toxic waste• 1981 waste products• 1984 groundwater permit

Note: different duration of permits (10 years, 30 years, no limitation)



Permitting system in Flanders

Since 1991: VLAREM

• integrated environmental legislation (air, water, soil, waste, raw materials, external safety,…)

• integrated approach: permit granted by one authority

Principles:• no exploitation without permit • one integrated permit for one plant, granted by one authority• all conditions together• duration: max. 20 years• separate environmental licences division & inspectorate division



Permitting system in Flanders Classification list of establishments considering nuisance,

pollution and risk: 3 categories

• Class 3: plants with less nuisance, less polluting, less risk• ca. 175.000 installations in Flanders• e.g. small garage, carpenter, storage < 20.000 l fuel oil, …

• Class 2: potential polluting plants• ca. 75.000 installations in Flanders • e.g. big garage, transformer > 1.000 kVA, printing office 10-200 kW, …



Permitting system in Flanders • Class 1: potential strong polluting plants

• ca. 25.000 installations in Flanders• e.g. landfill, > 500.000 l fuel oil, > 1.000 pigs, > 200 cattle, … • incl. IPPC, Seveso & Environmental Impact Assessment Directives • number of IPPC-installations: ca. 1.200 in Flanders

• ca. 500 intensive rearing• ca. 70 energy-industry• ca. 130 ferrous metals• ca. 170 chemical industry• ca. 120 waste treatment• ca. 25 mineral industry• ca. 185 other activities

• number of Seveso-plants in Flanders: ca. 280 • ca. 140 lower treshold• ca. 140 upper treshold



Permitting procedure: class 1

Whole procedure takes up to 4 months (if decision to delay deadline: up to 6 months)

Submit application to the province

Checked for completeness and admissibility

Different administrations(opinion in 60 days)

Bench of Mayor and Aldermen(opinion)

Mayor(public consultation)

Provincial Environmental Licence Commission:single opinion (unanimous or majority)

Provincial Council:Delivers/refuses permit (possibility to delay deadline with 60 days)



Permitting procedure : class 1

• Includes a lot of administrative and technical data• Environmental Impact Assessment (if applicable)• Safety Report (if applicable)• description of (not limited)

installation and activities materials and energy used/generated sources of emissions conditions of the site nature and quantities of emissions into each medium

+ identification of significant effects on the environment technology and techniques for preventing (reducing) emissions further measures planned measures to monitor emissions

permit application:




• Environmental Licences Division – all aspects• Town or City (Bench of Mayor and Aldermen) – all aspects• RO – location (spatial planning)• VMM - water and air emissions• OVAM – waste management• ALBON - natural resources• VEA – energy management• ToVo – public health aspects• Air and Climate Division -greenhouse gases

• 60 days

opinions:

need for these opinions depends of installation

these opinions always asked




• = all opinion giving entities + experts• explanation of all opinions • explanation of all remarks/objections that are made during the

public investigation• operator is invited to be heard (if he wants to)• others (e.g. public) can be invited

• a coordinated and motivated opinion is made for the Provincial Council

• = integrated approach

Provincial Environmental Licence Committee (PMVC)




• political authority that delivers or refuses permit • possibility to delay deadline with 60 days• each permit has permit conditions• possibility for appeal

Provincial Council



Permit conditions: principles

• Permit conditions: 3 types:• General Binding Rules

are based on BAT include emission limit values to prevent/reduce emissions contain suitable release monitoring requirements, specifying

measurement methodology and frequency, evaluation procedure and an obligation to supply the competent authority with data required for checking compliance with the permit

• Sectoral environmental conditions for specific installations are based on BAT include emission limit values for specific types of installations E.g. rules on dust control in the construction materials and mineral

products industries• specific permit conditions

taking into account local factors (nuisance, environmental quality standards)



Permit conditions: principles

• Note: Integration of several EU-Directives in the General Binding Rules and

Waste Incineration Waste Framework Directive Use of dangerous substances Large Combustion Plants Urban Waste Water Treatment Directive …



Action plans fine dust

• EU-Directive 2008/50/EC on ambient air PM 10 Average value calendaryear 40 µg/m3 (limit value) Average for one day 50 µg/m3, max 35/year (equivalence

with year average value of 31 µg/m3)

• EU-Directive 2008/50/EC on ambient air PM 2,5 2010: 25 µg/m3 (target value) 2015: 25 µg/m3 (limit value) 2020: reduction starting from 2010



Hotspotzones in Flanders



Action plans fine dust

• General action plan Flanders on fine dust (December ’05)• Specific action plan on fine dust in industrial hotspot zones

(May ’07) Hotspot zones: 5 main zones, some divided Particular approach for each particular hotspot zone 19 actions; 11 permit division involved Steering by working group

• Specific action plan on fine dust and NO2 in Antwerp City and the harbour of Antwerp (July ’08)

Hotspot zone according hotspot action plan Required more investigation and information Integrated approach with NO2-reduction



Action plans fine dust: actions

• Specific actions for specific hotspot zones• Oostrozebeke: check if WESP should be applied in the

specific permit conditions of chipboard industries• Sectoral permit conditions

• Investigate if for certain activities, the sectoral permit conditions should be sharpened

• Specific permit conditions• Evaluations of permits: attention for fine dust and if

necessary: propose specific permit conditions• BAT-studies

BAT-study on emissions of chipboard industries Attention for taking into account (fine) dust emissions in

BAT-studies



Practical approach of fine dust in permits

• Seminar for advisors: how to deal with fine dust in permits?

• Program: Introduction Legislation Measures Guidance Sources of information



Principles for evaluation of permits

• 2 key questions:Is fine dust of any relevance for the given activity?Is the activity situated in a hotspot zone or not?

• Matrix structure Signicant production of fine dust Less production of fine dust

hotspotzone •Source investigation•Field visit•Permit conditions: focus on specific conditions (local situation: environmental quality standards are not achieved)•Based on BAT & more: all possible measures

•Source investigation•Field visit•Permit conditions: focus on specific conditions (local situation: environmental quality standards are not achieved)•Based on BAT & more: all possible measures

No hotspotzone

•Source investigation•Field visit•Permit conditions•Based on BAT

No further measures required



Conclusion

• Environmental permit Valuable instrument to prevent and reduce dust Limited to industrial activities Regular update of permit conditions Development of awareness and knowledge

Thank you for your attention

Karen Goris - Environmental Licences Division Environment, Nature & Energy Department

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Permitting as an instrument to manage and control fine dust

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