PRINCIPLES OF PRTR AND AER REPORTING OF ANNUAL ENVIRONMENTAL INFORMATION

Transcription

1 ENVIRONMENTAL PROTECTION AGENCY AER / PRTR GUIDANCE DOCUMENT N. 1: PRINCIPLES OF PRTR AND AER REPORTING OF ANNUAL ENVIRONMENTAL INFORMATION Fr use in reprting f: 1 PRTR Emissins and Waste Transfers infrmatin via the EPA Electrnic AER / PRTR Reprting Wrkbk 2 Full AER: Submissin f the Original Signed Cpy (x 1) f yur Full Annual Envirnmental Reprt (AER) t the Reginal Inspectrate s Office. This is the hardcpy r paper AER specified under yur licence. (Only applicable fr WWDL fr the reprting year cmmencing 2011 i.e. thse due n the 28th February 2012) 3 The Full PDF Annual Envirnmental Reprt Electrnic Cpy Versin 3.0 January 2012 Cntents 1 Intrductin The PRTR Regulatins The Annual Envirnmental Reprt (AER): Annual envirnmental infrmatin reprting requirements n EPA-licensed facilities Hw t reprt Legal Obligatin t Reprt Envirnmental Infrmatin Validatin Reprting f emissins and waste transfers infrmatin t the Eurpean PRTR website Guidance fr annual envirnmental reprting... 7 EPA - 1 f 8 - Versin 3.0 January 2012

2 1 Intrductin This dcument is addressed t peratrs f EPA Licensed facilities wh are required t: Reprt their annual Releases (emissins) and Off-Site Waste Transfers under S.I. 123 f 2007 and S.I. 649 f 2011, the Pllutant Release and Transfer (PRTR) Regulatins, and Submit an Annual Envirnmental Reprt t the EPA under their EPA Licences. EPA- Licensed facilities are bliged t make returns t the EPA under bth the PRTR Regulatins and their EPA Licences. Operatrs f relevant activities nt currently licensed by the EPA, which are cvered by S.I. 123 f 2007 and S.I. 649 f 2011, are bliged t make returns als. The requirements arise under the terms f bth the PRTR Regulatins and individual EPA licences issued under the EPA Acts , the Waste Management Acts , the Waste Water Discharge (Authrisatin) Regulatins S.I. 684 f 2007 and ther legislatin. 2 The PRTR Regulatins The PRTR Regulatins are the Eurpean Cmmunities (Eurpean Pllutant Release and Transfer Register) Regulatin 2007, S.I. N. 123 f 2007, which signed int Irish Law n 22 March 2007 and S.I. 649 f 2011, which signed int Irish Law n 13 December 2011, the E-PRTR Regulatin (EC) N 166/2006, cncerning the establishment f a Eurpean Pllutant Release and Transfer Register. As set ut in the PRTR Regulatins, releases f pllutants and ff site transfers f waste by facilities perating in relevant industrial sectrs will be reprted by the EPA t the Eurpean E-PRTR website where: 1 the facility exceeds specified threshlds fr the Capacity f the activity (Annex I f the PRTR Regulatins) and 2 fr the quantities f the emissins (Annex II f the PRTR Regulatins) and/r waste transfers (Article 5 1 (b) f the PRTR Regulatins) frm the facility. Fllwing the cming int frce f the PRTR Regulatins, S.I. 123 f 2007 and S.I. 649 f 2011, there is nw an bligatin n all EPA-licensed facilities, and n peratrs in certain ther industrial sectrs, t make returns, in the frm and cntent specified by the EPA, f their annual Releases (emissins) and Off-Site Waste Transfers fr each calendar year by 31 March f the fllwing year. The first calendar year t be reprted under the PRTR Regulatins was 2007, with reprting by peratrs required t be cmpleted by 31 March Nn EPA-Licensed facilities The PRTR Regulatins apply t a number f nn EPA-licensed activity sectrs. In the Irish cntext, these sectrs, and the applicable capacity threshlds abve which facilities must reprt under PRTR Regulatins, are: EPA - 2 f 8 - Versin 3.0 January 2012

3 Sectr Capacity Threshld (PRTR Regulatins Annex I) Opencast mining and quarrying Urban waste-water treatment plants (prir t licensing under S.I. 684 f 2007) Intensive aquaculture Installatins fr the building f, and painting r remval f paint frm ships where the area effectively under extractive peratin abve 25 ha 1 plants with a capacity f 100,000 ppulatin equivalents With a prductin capacity f 1,000 tnnes f fish r shellfish per year with a capacity fr ships 100 m lng The same reprting requirements apply t the peratrs f nn EPA-licensed facilities falling under the PRTR Regulatins. Reprting fr the calendar year is required t be cmpleted by 31 March f the fllwing year. 3 The Annual Envirnmental Reprt (AER): Annual envirnmental infrmatin 2 reprting requirements n EPA-licensed facilities The annual reprting f envirnmental infrmatin is a legal bligatin n the peratrs f all EPA-licensed facilities. The annual reprting bligatin cmprises three separate tasks. These are: 1 AER / PRTR Emissins Data: Reprting f emissins and waste transfers infrmatin via the EPA s AER / PRTR Emissins Data Reprting Wrkbk. 2 Full AER: Submissin f the Original Signed Cpy f yur Full Annual Envirnmental Reprt (AER) t the Reginal Inspectrate s Office. This is the hardcpy r paper AER specified under yur licence. (Only applicable fr WWDL facilities fr the reprting year cmmencing 2011 i.e. thse due n the 28 th February 2012) 3 Full PDF AER. Submissin f an electrnic PDF cpy f yur Full AER. As f 01 January 2009, each f these tasks is mandatry fr all EPA-Licensed facilities. The reprting bligatin will nt be satisfied until all three steps are cmpleted and the EPA has cnfirmed that it has accepted the infrmatin. 1 The term Surface area effectively under extractive peratin means the surface f the area f the site reduced by 1. the surface f the rehabilitated area and 2. by the area f future excavatin Nte that all in-site transprt, prcessing, strage and assciated facilities, including settlement lagns, are t be included within this definitin. (Surce: EU PRTR Guidance Dcument May 2006). 2 This applies t Annual Reprting nly; this des nt supersede r render inapplicable the requirements in yur licence fr ther regular reprting, e.g. returns f mnitring data, prgress reprts, waste recrds etc. EPA - 3 f 8 - Versin 3.0 January 2012

4 Task 1: AER / PRTR Emissins Data The reprting f AER / PRTR Emissins Data is a requirement which arises frm bth the PRTR Regulatins and individual EPA Licences. All licensed facilities are bliged t reprt a summary f their Emissins (r Releases, the term used in the PRTR Regulatins) t Air, Water, Sewer / Off Site Waste water Treatment Plants and Land (specific peratins nly, nt used in Ireland), and a Waste Management Summary. Task 2: Full AER (Only applicable fr WWDL facilities fr the reprting year cmmencing 2011 i.e. thse due n the 28 th February 2012) The Annual Envirnmental Reprt (AER) is a standard requirement f all Waste, Waste Water Discharge and IPPC licences issued by the EPA. We call it the Full AER in relatin t annual envirnmental reprting t distinguish it frm the AER / PRTR Emissins Reprting Task. The AER is a single reprt by a licensee n their facility s envirnmental perfrmance in the previus calendar year. An AER als sets ut the prgramme f envirnmental wrks that the licensee is planning fr the cming year. A key cmpnent f the AER is the Summary f Emissins and Waste Transfers. The EPA Guidance Nte n the Annual Envirnmental Reprt, available n this website, prvides guidance fr cmpiling all f the necessary infrmatin n emissins, waste transfers and envirnmental perfrmance f the facility. Task 3: Full PDF AER As f 01 January 2009, the submissin f a Full PDF AER is nw a mandatry requirement f yur EPA licence. It is essential that the PDF is a true and accurate cpy f yur Full AER. Only Task 1 is an bligatin n the peratrs f nn EPA-licensed activities 4 Hw t reprt The EPA has develped a web facilitated reprting and data management system, available at t carry ut Tasks 1 and 3. Task 2 (fr WWDL facilities nly) is achieved by delivery f the 1 riginal cpy f the Full AER t yur lcal Reginal EPA Office. The EPA Electrnic reprting System has been develped t allw EPA licensees and peratrs f relevant nn EPA-licensed activities, t reprt their emissins and ffsite waste transfers mre easily and in a readily understandable and easy-t-use frmat. This new system has been develped fr fur main purpses: 1 T permit mre efficient analysis and assessment f data regarding emissins frm industrial peratins and waste management facilities t the atmsphere, t surface and grundwaters and t EPA - 4 f 8 - Versin 3.0 January 2012

5 sewer as well as infrmatin n the quantities and types f wastes arising n and frm these facilities. 2 T facilitate the assessment f cmbined emissins and waste transfers frm multiple facilities in, fr example, specific gegraphic areas, river catchments r administrative regins and well as allwing cmparisns internatinally. 3 T facilitate the EPA t allw us t meet ur natinal bligatins under the Eurpean PRTR Regulatin (EC) N166/2006 cncerning the establishment f a Eurpean Pllutant Release and Transfer Register. 4 T facilitate the delivery f yur Full PDF AER t the EPA t cmplete yur annual envirnmental reprting bligatins. The system therefre has significant advantages ver the previusly used methds that were paper-based thrughut. These include ease f access t infrmatin fr EPA persnnel, facility staff and thers, and als the assurance f infrmatin quality and cnsistency. T achieve these benefits, the infrmatin cannt be accepted in any ther manner r frmat ther than that specified here and in the guidance dcumentatin prvided n this website. 5 Legal Obligatin t Reprt Envirnmental Infrmatin The nature f the infrmatin t be included in yur Electrnic AER / PRTR infrmatin and in yur Annual Envirnmental Reprts is specified in The EPA Licence; The PRTR Regulatins. Guidance in the interpretatin f these specificatins is given in the guidance dcuments listed in Chapter 8. The EPA have, by means f a series f letters t licensees, by the publicatin f guidance and by prviding a series f training seminars, specified the nature f the infrmatin which must be reprted by all peratrs. The cntent f these general guidance dcuments, and where applicable the sectr-specific Guidance Dcuments and Excel-based Calculatin Tlsets, reflect the required infrmatin t be reprted by facilities and their use will be cnsidered sufficient t meet yur requirements. The reprting deadlines set ut in bth the PRTR Regulatins, 31 March f the fllwing year, and in EPA Licences shall bth apply where the EPA Licence specifies an earlier reprting date. Where the EPA Licence specifies a date fr AER submissin which is later than 31 March, then the latter is superseded by the PRTR date. Licensees fr whm a later reprting date is specified in the licence shuld nw regard 31 March as their reprting deadline fr their Annual envirnmental reprting bligatins. Yur intentin is drawn t Regulatins 5 and 6 f the PRTR Regulatins, S.I. 123 f 2007, in relatin t the legal bligatin t make yur AER/PRTR annual submissins t the EPA: 5. An peratr shall, nt later than 31 March in each year, furnish t the Envirnmental Prtectin Agency infrmatin, f such nature and in such frm as shall be specified by the Envirnmental Prtectin Agency, in relatin t releases f pllutants and ff-site transfers f pllutants and waste in respect f the preceding calendar year. EPA - 5 f 8 - Versin 3.0 January 2012

6 6. A persn wh fails t cmply with Article 5, 6 r 9(1) f the EC Regulatin r Regulatin 5 is guilty f an ffence. Yur attentin is drawn t the fact that, as with all submissins t the EPA, yur envirnmental infrmatin submitted in the frm f Electrnic AER / PRTR infrmatin and in yur Annual Envirnmental Reprts cnstitutes a Legal Declaratin n behalf f yur facility t the EPA. In this regard the Agency requires all facilities t use best available methdlgy fr the mnitring, calculatin r estimatin f their annual emissin lads. If best methdlgies, as prescribed in specified Internatinal Standards, are nt used as part f the facilities emissin quantificatin methds, this must be justified by the peratr. During site audits, the Agency may interrgate the use f the verified quantificatin methds that were emplyed fr the data return declaratin. Nn-submissin f the required infrmatin shall be cnsidered by the EPA as nncmpliance with the relevant cnditins f yur licence and / r with the PRTR Regulatins as applicable. It shuld als be nted that the EPA shall regard the making f intentinally false r misleading statements in these submissins as an ffence under Article 13 (5) (c) f the EPA Act : 13 5) Any persn wh- (c) Gives, either t an authrised persn r t the Agency, infrmatin which is false r misleading in a material respect, shall be guilty f an ffence. 6 Validatin The EPA is bliged under the PRTR Regulatins t assess the quality f the data submitted by peratrs, in particular as t their cmpleteness, cnsistency and reliability (Article 9 f the E-PRTR Regulatin). Equally, the EPA Act (Article 13 (5) (c) f the EPA Act ) requires that infrmatin submitted by licensed facilities shall nt be false r misleading. Mrever, the EPA is respnsible fr the develpment f inventries f emissins t the envirnment and requires that the data cllected fr these purpses is f a sufficient quality and reliability. All infrmatin submitted is therefre subject t a prcess f validatin and verificatin by the EPA. Fr example, errrs r missins frm yur submissins might subsequently be detected during the EPA s review f the infrmatin, during n-site audits f yur facility r by yurself; this may necessitate crrecting and resubmitting the infrmatin. Any errrs r missins will require t be rectified by the submissin f crrected infrmatin. We strngly recmmend that yu retain all electrnic and paper cpies f yur submissins and all related dcumentatin in a secure lcatin (the electrnic dcuments may be retained in the AER PRTR Reprting flder yu created at Step C), as these may be required fr inspectin by either by yur inspectr r anther authrised persn. EPA - 6 f 8 - Versin 3.0 January 2012

7 7 Reprting f emissins and waste transfers infrmatin t the Eurpean PRTR website As described in Chapter 2, the PRTR Regulatins require the reprting t the Eurpean E- PRTR website f releases f pllutants and ff site transfers f waste by facilities perating in relevant industrial sectrs where the facility exceeds specified threshlds fr bth the Capacity f the activity and fr the quantities f the emissins and/r waste transfers frm the facility. Specifically, releases and waste transfers are reprtable under the Eurpean PRTR Regulatin when tw distinct criteria are met: 1 The facility itself must be carrying ut ne f the specified activities and must be f a sufficient size r capacity (Annex I f the RPRT Regulatin), and 2 Each emissin r the ttal quantity f waste transferred must exceed prescribed threshld quantities (Annex II f the PRTR Regulatin). Facility peratrs will be ntified where any f their emissins r waste transfers exceed the relevant PRTR threshlds and will cnsequently be included in the annual reprt fr Ireland t the Eurpean Cmmissin. It must be understd that the reprting f data pertaining t a facility t the Eurpean PRTR website des NOT indicate nn-cmpliance with any licence limits n the part f that facility. 8 Guidance fr annual envirnmental reprting Further Guidance is available n the EPA website at The fllwing dcuments, available at that link, shuld be studied befre cmpleting yur annual envirnmental reprting tasks: 1. PRINCIPLES OF PRTR AND AER REPORTING OF ANNUAL ENVIRONMENTAL INFORMATION BY EPA-LICENSED FACILITIES (This dcument) This intrductry paper sets ut the technical requirements and the legal framewrk fr annual envirnmental reprting by bth EPA-Licensed facilities and peratrs f relevant Nn EPA-Licensed activities. 2. The Step by Step Guide fr AER / PRTR Reprting fr EPA-licensed facilities This Guide will assist yu in making the required annual submissins f envirnmental infrmatin in accrdance with yur EPA Licence and with the PRTR Regulatins. A versin f the Step by Step Guide fr AER / PRTR Reprting fr nn EPA-licensed facilities, intended fr use by the peratrs f nn EPA-licensed facilities, is als available at the abve link. 3. EPA Guidance Nte n the Annual Envirnmental Reprt This dcument prvides guidance fr cmpiling all f the necessary infrmatin n emissins, waste transfers and envirnmental perfrmance f the facility. EPA - 7 f 8 - Versin 3.0 January 2012

8 4. The EPA Guidance Nte Annex n AER / PRTR Reprting This dcument prvides detailed guidance n the requirements f bth AER and PRTR emissins and waste transfers reprting fr all EPA-licensed industry sectrs and nnlicensed industry subject t the PRTR Regulatins. It als prvides a wealth f additinal material, including examples f calculatin and estimatin methds, cnversin tls, wrked examples and a Frequently Asked Questins sectin based n the experience f the first reprting cycle. 5. The AER / PRTR Electrnic Reprting Wrkbk and Website User Manual This dcument prvides a detailed step-by-step prcedure fr using the Electrnic AER / PRTR Reprting Wrkbk and fr dwnlading frm and uplading t the AER / PRTR Website. 6. Prcedure fr creating and submitting the Full PDF AER 7. Where applicable, the EPA s Sectr-Specific AER / PRTR Guidance Dcument This dcument cmplements Dcuments 3 and 4, and prvides sectr-specific assistance in deciding what needs t be reprted and fr cmpiling the required infrmatin. Fr sme sectrs, the EPA have develped Excel-based Calculatin Tls which prvide fr the calculatin f the required emissins based n best available scientific knwledge. 8. Eurpean Cmmissin Guidance Dcument fr the Implementatin f the Eurpean PRTR, May 2006 This dcument is mre relevant t nn-epa licensed industry sectrs but will be f interest t licensed sites as well. Please nte, hwever, that in the event f any incnsistency r cnflict between the EU Guidance Dcument and the requirements f yur licence, the requirements f yur licence shall be fllwed. Als, please be careful t take the widest interpretatin f the guidance in relatin t yur facility. EPA - 8 f 8 - Versin 3.0 January 2012