the environmental code and integrated permitting

The Environmental Code and

Integrated Permitting

Bo Jansson Swedish Environmental Protection

Agency

The Swedish Legislation

• The Legislation – General

• The general rules of consideration

Environmentally hazardous activities

• Permit and notification requirements

www.naturvardsverket.se

Report 6790

http://www.naturvardsverket.se/

Administration – an overview

200

150+550+200

700

1500

200

Ministry of Environment and energy

National Chemical Inspectorate - Swedish Environmental Protection Agency

–Swedish Agency for Marine and water management

County Administrative Boards (21)

Municipalities (289) Local Environment and Public Health Committies

Environmental Courts

18-09-11 4

The Environmental Code - a

framework law

Regulations

Ordinances

The Code

2018-09-11 Naturvårdsverket | Swedish

Environmental Protection Agency

5

Purpose of the Code “The purpose of this Code is to promote

sustainable development which will assure a

healthy and sound environment for present and

future generations. Such development will be

based on recognition of the fact that nature is

worthy of protection and that our right to modify

and exploit nature carries with it a responsibility

for wise management of natural resources”

(Chapter 1 Section 1)

§§

“The overall goal of Swedish

environmental policy is to

hand over to the next

generation a society in which

the major environmental

problems in Sweden have

been solved, without

increasing environ-mental and

health problems outside

Sweden’s borders.”

RIKSDAG DECISION ON THE

ENVIRONMENTAL OBJECTIVES

PHOTO: ELLIOT ELLIOT/JOHNÉR

Generational goal

16 Environmental Quality Objectives

• Reduced Climate Impact

• Clean Air

• Natural Acidification Only

• Non-toxic Environment

Protective Ozone Layer

• Safe Radiation Environment

• Zero Eutrophication

• Flourishing Lakes and Streams

• Good-Quality Ground Water

• A Balanced Marine Environment

• Thriving Wetlands

• Sustainable Forests

• Varied Agricultural Landscape

• Magnificent Mountain Landscape

• Good Built Environment

• A rich Diversity of Plant and Animal Life

Are we getting there?? (within one generation)

• Annually progress reports

In depth assessment every 4th year (2008, 2012)

• Current conditions are enough

• Can be achieved but further measures are needed

• Very difficult to achieve

16 Quality Objectives - 72 Targets (Specifications)

2012-08-23 Naturvårdsverket - Swedish


9

2010

2015

14 of 16

objectives

will not be

reached

2 Clean air

Air must be clean enough not to

present a risk to human health or to

animals, plants and cultural assets

Original Interim targets • SO2, 5 mg/m3, annual mean (2005)

• NOx, 20 mg/m3, annual mean (2010)

100 mg/m3, hourly mean (2010)

• Ozon, 120 mg/m3, 8-hour mean (2010)

• VOC, Sweden´s emission reduced

to 240,000 tonnes per year

New interim targets (2006)

• Particles

• A level of PM10 of 35 mg/m3 as a daily mean

(2010)

• A level of PM 2,5 of 20 mg/m3 as a daily mean

(2010)

• Benzo(A)pyrene

• A level of 0,3 ng/m3 as an annual mean (2015)

New interim targets introduced 2012 Benzene,

Formaldehyde

New Specifikations 2012 • No specification SO2

• NOx ( 20 mg/m3 (annual mean), (hour mean) 60 mg/m3

• Ozon 70 mg/m3 (8 hour mean), ozon index 10.000

• No Specification VOC

• Benzene 1 mg/m3

• Benzo(A)pyrene 0,0001 mg/m3

• Butadien

• Formaldehyde

• Particles (Pm 2,5 10 yearly/25 mg/m3 daily, Pm10

15/30mg/m3)

• Corosion on lime stone

Indicators (112)

Number of Wolverines in

the mountain areas

Deposition of Nitrogen Nitrogen concentration in

the sea

Concentration of Bensene

in air

Deposition of Sulfur

Nesting birds in wetlands

Traffic noise SO2 concentration in

urban air

Emissions of Ammonia

Energy use Pm 10 concentration in

urban air

Protected lakes

Phosfor emission to the

sea

Protected area of forest Production of Wind power

electricity

Acidification in forest Emission of Nitrogen to

the sea

Production of house hold

waste

Acificated lakes Emission of VOC Polluted land areas

Nox emissions Recovery of paper

Dioxins in mother´s milk Drinking water protection

areas

0

10

20

30

40

50

60

1970 1975 1980 1985 1990 1995 2000 2005 2010

årtal

PC

DD

/DF

TE

Q i b

rös

tmjö

lk (

pg

/g f

ett

)Stockholm

Uppsala

INDICATORS Time trends, ca 1970-

PCDD/F TEQ in mothers milk (pg/g lipid)

• Stockholm: Samlingsprover

Norén K & Meironyté D. 2000. Chemosphere 40:1111-1123

• Uppsala: Yearly medians (unadjusted data). Swedish Food

Administration investigations 1996-2006. 。1996-2006

2011, 20 %

reduction of

2007

Burden of proof

Knowledge requirements

• Operator is liable to prove that the rules of the

code is complied with

• Operator must have knowledge about

Environmental effects and anything that needs to

be known in order to protect environment

Precautionary principle and best possible

technique principle

• The mere risk of damage involves an obligation to take the necessary measures to combat or prevent adverse health and environmental effects, i.e technical measures, choosing suitable raw materials, using of treatment equipment, handling chemicals etc.

Best possible technique (~BAT) must be used

BAT – Best Available Technique

Best – from all aspects of environment

Available – all over the world

Technique – not only technology, also how to

operate the plant BREF

The Polluter Pays Principle

• Always the operator who causes or might

cause environmental impact must pay for

the preventive measures that must be taken

to comply with the general rules of

consideration

Localisation principle

Resource managements principle

• The choice of localisation must made in such a

way that intrusion and nuisance to human health and environment is minimized

• Operator must conserve raw material and energy. Renewable sources of energy is preferred

Product Choice Principle

• Hazardous chemical products should be

avoided if other less dangerous products can

be used instead

Balance of Reasonability

• Advantage from an environmental point of

view balanced to costs to reduce emissions

• Knowledge reqirement balanced to the

complexity and environmental impact of

activity

Permit System

• Structure and operations for which permits must be

obtained are covered by a separate Ordinance – Environmentally Hazardous Activities, EHA

• All industrial activities are divided into 3 categories

Large EHA; A-activities; 500

Medium Size EHA;B-activities; 5500

Small Size EHA; C-activities 15000

Industry Emission Directive - installations in Sweden ~1100

A-activities

• Iron and Steel Plants (25)

• Oil Refineries (5)

• Large Chemical industries (50)

Pulp and Paper Plants (65)

• Large Combustion Plants (300 MW) (~20)

• Waste Incineration plants (50?)

B- and C-activities

• Large food Industry B

• Small Chemical industries

• Combustion Plants (20-300 MW) (~130)

• Textile Industry

• Municipal Waste Water Treatment Plants

• C

• Combustion Plants (oil) (10-20 MW) (hundreds)

• Combustion Plants (oth.) (0,5-20 MW)

• Petrol Stations (2500)

• Dry Cleaners

• Small MWWTP

Permitting organisation

• Permit applications are considered by 5 environmental courts (A-Activities)

• or county administrative boards (B-Activities)

• Notifications to the local and env. and public health committee (C-Activities)

In order to build or operate an A- or B-

classified activity a permit is required

The Environmental Courts

4 members at each permit procedure

• Legally Qualified Judge

• Environmental Adviser

• Expert member (industrial operation experience)

• Expert member (public environmental exp.)

Permit organisation – A level

Environmental Court

5+1

环境法庭

Swedish Environmental

protection Agency

瑞典环境保护署

County Administrative

Board

省行政管理委员会

Municipality

市政府

Swedish Agency for Marine

And Water Management

Environment Impact Assessment

Application

• Why the site chosen is the best

• Transport to and from the site

• Consumption: raw material, energy, process-

chemicals

• Production processes

• Internal and end-of-pipe measures

• Impact on environment and EQNs

EIA – a part of application

Environment Impact Assessment

Application

• Environmental releases from the process to all media and environmental impact

• Generation and disposal of waste

• Landfill at the site

• Ambient noise and counter-measures

• What is BAT for the sector? Are you able to comply with BAT



30

From idea to permit

Conditions

ELV or other

SITUATION IN

RECIPIENT

NATIONAL QUALITY

OBJECTIVES

BAT COST EFFICIENCY

BENCHMARKING

ENVIRONMENTAL

QUALITY NORMS

LEGAL

PRAXIS

The Industry Emission Directive

(EU legislation)

• Based on BREFs – BAT Reference Documents

• BAT – Best Available Technique

• BREFs are written for certain Industry sectors

• BREF-AEL (associated emission levels) should be

binding 4 years after publishing

Based on individual, integrated permit but with an

lowest acceptable environmental level.

• Individual permits are required in parallell in

which stricter requirements might be decided

BREF http://eippcb.jrc.es ~40 adopted BREFs

Pulp and Paper Industry

Iron and Steel Industry

Cement Industry

Chlor-Alkali Industry

Non-Ferrous-Metal Industry

Refineries

Waste Incineration

Storage of Chemicals

Organic Fine Chemicals

Large Combustion Plants

Summary of integrated permit

procedures in Sweden

• One individual, integrated permit procedure

• Self-monitoring of emissions

• Reports (monthly/annual) from plants to authorities

• Compliance checking by the authorities Sanctions and charges for non-compliance

• Openness to the public

• With the Industry Emission Directive both permit procedure and general binding regulation in parallell

• A drastic reduction of emissions from large point sources without harming the competitiveness of industry

The system requires

• Highly qualified staff both in industries and authorities

• Enough resources at the authorities but also at industries

• Knowledge about BAT for the sector Industry takes its responsibility

• Preventive, in-process measures are preferred to end-of-pipe solutions

• Openness between different stakeholders

• A broad national consensus on the importance of protecting human health and the natural environment

A lot of responsibility on industry

How to manage?

Environmental issues at a high position in companies

Environmental issues at all levels within a plant

Companies cooperate in their industry associations to build knowledge

Companies support Universities to provide knowledge

A never ending dialogue between Government, Authorities and Industry to set the environmental agenda

Over time focus have shifted between different environmental

problems Pulp and Paper Industry



38

Pulp & Paper Industry



39

Increased production –

reduced emissions and

consumption

0

0,2

0,4

0,6

0,8

1

1,2

1,4

1,6

90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08

Massaproduktion

Pappersproduktion

Elanvändning

CO2 (fossil)

Svavel

COD

AOX

Index