Objection To. Proposed Decision. Industrial Emissions Licence Register No P Prepared By. O Callaghan Moran & Associates

Transcription

1 Unit 15 Melbourne Business Park Model Farm Road Cork T: E: Objection To Proposed Decision Industrial Emissions Licence Register No P Prepared By O Callaghan Moran & Associates Unit 15 Melbourne Business Park Model Farm Road Cork Prepared For Galway Metal Company Ltd. Oranmore County Galway. May 2016

2 TABLE OF CONTENTS PAGE 1. INTRODUCTION GROUNDS FOR OBJECTION... 2 i

3 1. INTRODUCTION Galway Metal Company Ltd (GMC) wishes to object under Section 87 (5) of the EPA Act of 1992, as amended, to a number of the Conditions and Schedules in the Proposed Decision (PD) for Industrial Emissions Licence Register Number P for its installation at Carrowmoneash, Oranmore, County Galway. Section 2 contains the grounds for the objections. The proposed Conditions are presented in italics followed by GMC s grounds for objection. The appropriate objection fee ( 253) has been electronically transferred to the Agency. 1 of 6

4 2. GROUNDS FOR OBJECTION Condition 1.7 Waste Acceptance Hours and Hours of Operation The licensee may accept and dispatch waste and scrap metal and operate between the hours of 08:00 and 18:00 Monday to Saturday. Condition does not allow for exceptional circumstances, where waste may either be accepted or dispatched, or the installation operated outside the hours of 08:00 and 18:00. While it is not expected that this will be a regular occurrence, GMC needs the commercial flexibility to accept and dispatch waste and scrap metals outside of the normal operational hours. Given the site location this will not have any adverse impacts on nearby residents. GMC requests that Condition be amended to be in line with Section C.3 of the application. The proposed amended wording is: Unless otherwise agreed in advance with the Agency, the licensee may accept and dispatch waste and scrap metal and operate between the hours of 08:00 and 18:00 Monday to Saturday. Condition No smoking shall be allowed within the installation. The prohibition of smoking within the site boundary is contrary to GMC s company policy to provide dedicated smoking areas for employees in parts of the site that do not present a risk of fire outbreak.. GMC requests that Condition be amended as follows to bring it in line with company workplace policy; Smoking shall only be allowed in designated external areas of the installation. Condition 8.7 No waste classified as green list waste in accordance with the EU Shipment of Waste Regulations (Council Regulation EEC No. 1013/2006 as may be amended) shall be consigned for recovery without the agreement of the Agency. All the ferrous and non-ferrous metal waste consigned from the installation are classified as green list waste. This condition could be interpreted to mean that GMC must obtain the Agency s prior approval before each and every consignment of ferrous and non-ferrous metal wastes are consigned. GMC considers this is unnecessary and would lead to delays in shipments pending receipt of the Agency s approval. 2 of 6

5 GMC requests the Agency to clarify the intention of the condition. GMC is open to obtaining Agency approval for the LoW Codes for the green list wastes that can be part of all consignments from the installation. Condition Waste shall be accepted at the installation only from known waste producers or new waste producers subject to initial waste profiling and basic characterisation off-site. The written records of this off-site waste profiling and basic characterisation shall be retained by the licensee for all active waste producers and for a two year period following termination of licensee/waste producer agreements. As described in Section D 2.3 of the application, GMC accepts metal wastes and End of Life Vehicles (ELVs) from members of the general public who arrive at the installation without any prior notification or contact with GMC. Section 6. 1 of Waste Acceptance Procedure QEHSP007 Waste Management and Control of Non-Conforming Material and Product in Attachment A, which was submitted as part of the response to the Regulation 10 Notice dated the 22 nd June 2015 specifically references the acceptance procedures applied to domestic customers, which is distinct from that applied to commercial customers.. In effect GMC, like all waste metal recycling operators, act as a form of civic amenity area/ bring centre, accepting ELVs and small quantities of waste metal from the general public. If GMC cannot continue to provide this service it will be at an extreme commercial disadvantage and Galway City and environs would loose an important civic amenity. The waste acceptance procedures applied at the installation (Refer to Sections D.2.2 and D.2.3 and Attachment E1 as supplemented by the responses to the Article 10 Notices), are rigorous and thorough and include for the acceptance of waste from non-contractual commercial and domestic customers where waste is paid for at the time of delivery. GMC requests that Condition be amended to allow the acceptance of waste from members of the general public to continue. The proposed amended condition is as follows: Waste shall be accepted at the installation only from known commercial waste producers, new commercial waste producers subject to initial waste profiling and basic characterisation off-site and from the general public subject to presentation of proof of name and address and signing of declaration that they are the lawful owner of the waste, or have the consent of the lawful owner to sell the waste. Written records of off-site waste profiling and basic characterisation or confirmation of provision of general public proof of name and address and signed customer declaration shall be retained by the licensee for all waste deliveries for a two year period. Condition 12.1 The proposed annual contribution is 19,629, which we understand is based on the predicted enforcement effort. GMC considers this contribution does not reflect the low risk activity of 3 of 6

6 waste metal shredding and recycling. GMC notes the contribution is significantly in excess of that set by the Agency in other similar licenses, such as W GMC requests the Agency to review the predicted level of enforcement that will be required in the context of the site specific conditions, the environmental setting and the annual contributions specified in other recent proposed determinations. Condition This condition requires GMC to make financial provision, which is to the agreement of the Agency, prior to the acceptance of more than 25,000 tonnes of waste and in any event within six months of the date of the issue of the licence. Based on a monthly run-rate of 5,000 tonnes, 25,000 tonnes equates to a five month operational period. The financial provision must be based on the findings of an Environmental Liability Risk Assessment (ELRA) and Decommissioning Management Plan (DMP) both of which must be prepared and submitted to the Agency within three months of the date of issue of the licence (Ref to Condition and respectively). Although GMC submitted both an ELRA and DMP with the application, Conditions and require a new ELRA and DMP to be prepared and submitted to the Agency for its review and agreement. Following this, GMC must obtain the Agency s approval for the financial provision. Given the complexity of agreeing the financial provisions we understand that this could take up to three months. In this scenario, and where the 25,000 tonnes intake limit has been reached, GMC would have to stop operating until such time as the Agency s agreement has been achieved. This would result in a very significant financial loss to the company. Given the nature of the business, which is based on the sale of the metals, stockpiles are not allowed to accumulate at the site and this is recognised in Schedule A 3 where the maximum amount of waste that can be stored at any one time is 3,450 tonnes. In this context GMC requests this Condition be amended to remove the 25,000 tonne limit, but to retain the six month timeline for agreeing the financial provision. Schedule A.2 Waste Acceptance Table A.1 Waste Categories and Quantities The List of Waste (LoW) codes does not include all of the codes listed in Table D.2(i) of the application. The following code which was applied for and is fundamental to the activity is missing; Cables other than those mentioned in *. GMC requests that Table A.1 be revised to include LoW Schedule C.1.1 Monitoring of Emissions to Air GMC considers the monthly monitoring frequency for NOx and Ammonia for Emission Point Reference No. A-1 Diesel Engine to be onerous and excessive and not reflective of the results of the monitoring carried out up to September 2015 on the same emission point under the same operational conditions. Table 6 in the response to the Article 10 (2) (b) (ii) Notification dated 4 of 6

7 8th January 2016 contains the results of air emissions monitoring of the diesel engine on 4th March 2015 and 17th June The results (< g/sec and g/sec respectively) are substantially below the proposed limit of 0.23g/s in Schedule B.1. Furthermore, the emissions from a clean fuel such as diesel are far more consistent than for other fuels such as landfill gas, where the Agency has set a NOx monitoring frequency of biannual in Waste License W and annual in Waste License W As an alternative, GMC requests a quarterly monitoring frequency for NOx and Ammonia for Emission Point Reference No. A-1 Diesel Engine with the scope to reduce monitoring frequency to biannual based on the results of four consecutive rounds of monitoring that confirm compliance with the emission limit. Schedule C.2.3 Monitoring of Storm Water Discharges GMC considers the weekly and monthly monitoring frequency for Emission Point Reference No. SW-1 Storm Water Discharge is extremely onerous and does not reflect the risk associated with rainwater run-off from building roofs and a car park. Tables 2.1 to 2.4 in the response to the Article 10 Notification dated 8th January 2016 contain the results of quarterly surface water monitoring for 2015 and show the results were substantially below the limits set in Waste Permit (WFP-11-G ). The storm water discharge is to a field drain to the south of the facility, which ultimately outfalls to the Carrowmoneash Stream. A nearby waste management facility licensed by the Agency, (Reg No W ) discharges all building and yard run-off to the same drain; however the licence only requires quarterly monitoring. GMC notes that Emission Point Reference No. SW-1 Storm Water Discharge listed in Schedule C.2.3 is incorrect. SW-1 is upstream surface water monitoring location and the storm water discharge emission point is SW-2 (Refer to Drawing E.1 of the application). As an alternative, GMC requests quarterly monitoring for all the parameters specified in the Schedule. GMC has no objection to the daily visual inspection requirement. Schedule C.3.1 Monitoring of Emissions to Sewer GMC considers the continuous, daily and weekly monitoring frequency is extremely onerous and does not reflect the risk associated with the facility operations and the existing controls which include a silt tank and full retention interceptor prior to discharge to foul sewer and the results of the on-going monitoring. The discharge to the foul sewer is carried out in accordance with the conditions of the Trade Effluent Discharge License (TEDL) ( Ref No.S/80/12) granted by Galway County Council on 1st February 2013 (Refer to Attachment B6 of the application). While the discharge limits set in Schedule B.3 Emissions to Sewer are identical to those specified in the TEDL, the proposed continuous, daily and weekly monitoring frequency significantly exceeds the monitoring frequency stipulated in the TEDL. 5 of 6

8 Table 1 in the response to the Article 10 (2) (b) (ii) Notification dated 8th January 2016 contain the results of quarterly emission to sewer monitoring for 2015 and show the results were substantially below the limits set in the TEDL. As an alternative, GMC requests the monitoring frequency should replicate the frequency stipulated in TEDL, i.e. continuous for flow and quarterly for all other monitoring parameters with the exception of toxicity, where the frequency should remain as may be required. Schedule C.6 Groundwater Monitoring Monitoring locations BH-1, BH-7 and BH-8 were installed in 2009 as part of a site investigation programme and were subsequently decommissioned as part of site development works. Drawing E.1 and Table F3 of the application show the locations of the proposed groundwater monitoring locations, i.e. BH-2, BH-3, BH-4, BH-5 and BH-6. GMC requests the schedule be revised to remove reference to BH-1, BH-7 and BH-8. 6 of 6

9 ATTACHMENT A

10 Galway Metal Company Ltd Part of Clearcircle Environmental Group PROCEDURE TITLE: PROCEDURE NUMBER: OWNER: WASTE MANAGEMENT & CONTROL OF NON- CONFORMING MATERIAL / PRODUCT QEHSP007 Quality, Environment, Health and Safety REV LEVEL DATE OF ISSUE REVISION HISTORY DESCRIPTION OF AMENDED BY CHANGE APPROVED BY A 27/04/06 Amd 073 New Document K FAHY K FAHY B 12/10/07 AMD 109 inclusion of K FAHY K FAHY HMPIL C 19/05/08 Amd 166 Inclusion of CMC K FAHY K FAHY D 11/11/09 Amd 203 inclusion means of prevention of tyres of ASR E F 31/01/11 26/04/2011 Amended to include for revised acceptance procedures for drums and tanks and disposal of ASR. distinguish Amended to between include for sealed requirements of new Ballysimon Limerick facility permit WFP-LKC G 13/10/2011 Amended to include for requirements of new Galway Metal Company facility permit WFP-G and Cork Metal Company facility permit WFP-CK K FAHY M BERGIN MOK MOK K FAHY P O NEILL M BERGIN M BERGIN H 03/04/2013 General Review AMcG M BERGIN I 28/05/2013 Amended to include for recording of hazardous materials inspections on in coming wastes J 12/09/2013 Amended to include quality management system requirements and compliance with EU End of Waste Quality Criteria AMcG AMcG M BERGIN M BERGIN K 20/01/2015 Annual Review J WARD M BERGIN QEHSP007 REV: K PAGE 1 OF 5

11 Galway Metal Company Ltd Part of Clearcircle Environmental Group QEHSP007 Waste Management & Control of Non-Conforming Material / Product 1.0 PURPOSE 1.1 The purpose of this procedure is to ensure the traceability of all waste brought on site and removed from the Galway Metal Company Ltd Oranmore facility. This procedure enables the Group QEHS Manger to ensure control of transfers of waste by Galway Metal Company Ltd required under Oranmore facility Waste Permit No WFP-11-G This procedure also ensures quality of final product by the control and deposition of non-conforming material / products to prevent unintentional use or shipment. 2.0 SCOPE 2.1 This procedure applies to all waste entering and exiting the Galway Metal Company Ltd Oranmore facility. This procedure also applies to all non-conforming material / products and materials, as controlled under Quality Management system, detected within the Galway Metal Company Ltd Oranmore facility whether obtained from vendors, produced in house or in company stock. 3.0 RESPONSIBILITY 3.1 The execution and maintenance of this procedure is the responsibility of site General Manager and the Group QEHS manager. 4.0 REFERENCE End of Waste Criteria - Council Regulation (EU) No 333/2011 of 31 st March 2011 establishing criteria determining when certain types of scrap metal cease to be waste under Directive 2008/98/EC of the European Parliament and of the Council BS EN ISO 14001:2004 BS OHSAS 18001:2007 BS EN ISO 9001:2008 Galway Metal Company Ltd Oranmore facility Waste Permit No WFP-11-G QEHSP050 - Acceptance of Input Materials QEHSP052 Monitoring of Material Product Quality QEHSP051 Monitoring of Processes QEHSF047 Input Material Assessment Form QESHF048 Material-Product Quality Monitoring Form QEHSP007 REV: K PAGE 2 OF 5

12 Galway Metal Company Ltd Part of Clearcircle Environmental Group 5.0 PROCEDURE 5.1 Wastes detailed in schedules of the waste permit WFP-11-G can only be accepted on site. 5.2 For the acceptance of tanks and drums refer to EHSP001 Waste Drums and Tanks Acceptance Procedure. 5.3 All waste accepted on site will be subject to 5 stage inspection process as follows; 1) Inspection by In-coming Material Inspector (IMI) at weighbridge 2) Inspection by IMI at point of tipping. For waste collections, truck drivers are instructed on acceptable wastes and are responsible to ensure no unacceptable wastes are collected. 3) Inspection by supervisors, IMI and material handler crane operators during sorting and stockpiling. 4) Inspection by supervisors, material handler crane operators and/or process equipment operators prior to processing, i.e. while loading process equipment. 5) Inspection by material handler crane operators and/or process equipment operators during processing, i.e. during pre-shredding prior to fragmentation. 6.0 For materials/wastes subject to quality management system IMI will implement procedure QEHSP050 Acceptance of Input Materials and identify non-conforming material and implement corrective and preventive actions. 6.1 For domestic deliveries waste will be characterised by IMI before tipping. An X-Ray fluorescence analyser is available on site to classify various non-ferrous and alloy metals. Visual inspections are completed on all deliveries. All commercial deliveries are pre-arranged and waste material is inspected at source and classified. 6.2 Details of all waste inspections, i.e. date and time of delivery, waste description including EWC code, weight, waste producer details including vehicle registration, waste consignee details and waste source are recorded on delivery docket, Revenue required data forms and weighbridge database system. 6.3 Wastes which are deemed not acceptable are rejected or diverted to the quarantine areas. Unacceptable wastes include pressurised vessels, tanks and drums containing oil/paint/hazardous residues and nonmetallic wastes. The quarantined waste can be either held in quarantine area for disposal or for return to the source or appropriate licensed/permitted facility. Sealed containers will be used to store any quarantined waste liable to produce emissions such as dust or leachate. 6.4 A record of inspections for hazardous wastes for all incoming waste consignments is maintained at the weighbridge office. 6.5 Wastes that are deemed acceptable at weighbridge are directed to appropriate sorting/stockpiling location by IMI, i.e. ferrous and non-ferrous. 6.6 Interceptor management - the interceptors are cleaned and inspected by a third party licensed/permitted contractor. The details of volume and dates of cleaning are as per EHSR024 Oil Interceptor Register. 6.7 All waste is kept within the boundary of the site and overspill will be removed immediately. A weekly check of the boundary is carried out by the respective site General Manager or delegate. QEHSP007 REV: K PAGE 3 OF 5

13 Galway Metal Company Ltd Part of Clearcircle Environmental Group 6.8 Metal wastes will be stored in appropriate stockpile. 6.9 Batteries are stored in appropriate plastic containers in the main processing building prior to collection and recovery by Rilta Environmental Ltd waste licence W Waste fluids and filters from the ATF de-pollution unit are stored in appropriate containers within bunded areas prior to collection and recovery by Rilta Environmental Ltd waste licence W WEEE containing dangerous substances are stored in appropriate cages/bins in the main processing building prior to collection and recovery by KMK Metals Recycling Ltd waste license W ELV s stored for de-pollution and/or shredding will be stored in impervious hard stand areas only where any runoff is collected for treatment by silt separation and oil interceptor systems The fragmentised/shredded mix which is transferred to Clearcircle Metals Limerick Ballysimon Road facility, waste permit WFP-LKC , where it will be processed to produce a ferrous, nonferrous and non metallic process stream. The non metallic process stream, i.e. Auto Shredder Residue (ASR), is recovered/disposed of at appropriately licensed/authorised waste disposal or recovery facility. To prevent the inadvertent inclusion of tyres and other unsuitable material in the ASR, End-of-Life Vehicles (ELVs) are de-polluted to EHSP020 De-Pollution of ELVs Procedure where tyres, fluid etc are removed. Cranes are used to break up crushed ELVs to allow for inspection and removal of tyres. Post fragmentation process the manual removal of tyre fragments and other unsuitable materials is conducted by two operator picking stations There is no burning of waste on the waste permitted sites with the exception of oxy-propane gas cutting torch process Refer to procedure EHSP001 for acceptance of drums and tanks and procedure EHSP028 for segregation of fragmentation plant feed. QEHSP007 REV: K PAGE 4 OF 5

14 Galway Metal Company Ltd Part of Clearcircle Environmental Group Incoming Material / Waste Metal Document Weighbridge Records Quality Reports Complaints Identify Unacceptable waste Non-conforming Material / Product Unacceptable Waste Inform Supplier Reject / Quarantine Unacceptable Waste Document Weighbridge Records Non-conforming Material / Product Preventive / Corrective Actions Document QEHSF006 Visual Quality Control Check Waste/Material Accepted Proceeds to Risk Assessed Radiation Inspection and Processing QEHSP007 REV: K PAGE 5 OF 5