Waste incineration plant authorisation

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1 Waste incineration plant authorisation REC-E1060, Business Environmental Law Kanerva Sunila Some background National Waste Plan (VALTSU) Main targets Prevention of waste Material recycling and biological use is increased Incineration of non-recyclable waste increased Safeguarding of non-detrimental treatment and disposal Greenhouse gas emissions are decreased by decreasing the disposal of biodegradable water to landfills and capturing methane Circular economy 2 1

2 Today s plant Waste disposal and incineration plant Receiving of waste Disposal Incineration of waste Flue gas purification Steam and condensation water 3 Applicable legislation Land Use and Building Act (132/1999) Spatial planning and construction permit EIA Act (468/1994) EIA procedure, the environmental effects Environmental Protection Act (527/2014) Environmental permit Environmental Protection Decree (713/2014) Waster Incineration Decree (151/2013) The incineration plants Waste Act (646/2011) and Waste Decree (179/2012) Target is to decrease amount of waste, sets priority ordering Act on Safety of Treatment of Dangerous Chemicals and Explosives (309/2005) Water Act (587/2011) Health Protection Act (763/1994) Noise 4 2

3 Waste Act (646/2011) Section 1: The purpose of this Act is to prevent the hazard and harm to human health and the environment posed by waste and waste management, to reduce the amount and harmfulness of waste, to promote the sustainable use of natural resources, to ensure functioning waste management, and to prevent littering Section 2: Scope apply to waste, waste management and littering, as well as to products and activities generating waste 5 Definitions of waste (Sections 5, 6) Waste means any substance or object which the holder discards, intends to discard or is required to discard Hazardous waste means any waste with properties that render it flammable or explosive, infectious, or hazardous to human health or the environment in other ways, or with other corresponding properties (hazardous properties) Municipal waste means waste generated in permanent dwellings, holiday homes, residential homes and other forms of dwelling, including sludge in cesspools and septic tanks, as well as waste comparable in its nature to household waste generated by administrative, service, business and industrial activities 6 3

4 Order of Priority (Section 8) All activities shall, insofar as possible, comply with the following order of priority: 1. Reduce the quantity and harmfulness of waste generated 2. If waste is generated A) waste holder shall first and foremost prepare the waste for re-use, or, secondarily, B) recycle it 3. If recycling is not possible, the waste holder shall A) recover the waste in other ways, including recovery as energy. If recovery is not possible, B) disposal of the waste shall be carried out 7 Order of priority (professionals) Operator generating, collecting or treating the waste and other operators participating in waste management on a professional basis: Shall comply with the order of priority as a binding obligation so as, when assessed as a whole, the best result is achieved in terms of the objectives of this Act. Such assessment observes the impacts occurring during the lifecycle of the product and waste, and the precautionary principle and duty of care in environmental protection, alongside the operator s technical and economic prerequisites for complying with the order of priority. (Section 8.2) 8 4

5 Prevention of hazard and harm caused by waste and waste management (Section 13) Waste may not be abandoned or treated in an uncontrolled manner Waste and waste management shall not pose a hazard or cause harm to human health or the environment, pose a danger of littering, or cause impairment of general safety or any other comparable violation of public or private interests. In the collection and transport of waste, and in the placement, construction, use and post-use aftercare of a waste treatment facility or site, special attention must be paid to ensuring that waste management does not cause emissions or discharges posing a danger of environmental pollution, including nuisance caused by noise and smell, or a decline in amenities. In addition, the activity, facility or site must fit into the environment and landscape The principle underlying waste management is to employ the best available technology and to comply with best environmental practices 9 Costs of waste disposal The original producer of waste, or the current or previous holder of waste, shall bear the costs of waste management (polluter pays principle) (Section 20) The costs of waste disposal, and the related fee, shall include the costs of establishing a disposal facility or site, the use of the site or facility, decommissioning, aftercare and financial guarantee referred to in section 59 of the Environmental Protection Act, and other comparable costs. The fee charged for waste disposal in a landfill shall include the estimated costs of aftercare for a period of at least 30 years. (Section 22) 10 5

6 EIA Procedure Applied always in case of (Section 6 of EIA Decree): 7) Energy production a) boilers and power plants with a gross output of at least 300 megawatts 11) Waste management a) hazardous waste treatment plants that receive hazardous waste for incineration, physio-chemical treatment or disposal in landfills, and biological treatment plants designed for a hazardous waste volume of at least 5,000 tonnes per year; b) incineration plants for other than hazardous waste, or physio-chemical treatment plants designed for a waste volume of more than 100 tonnes per day and biological treatment plants designed for a waste volume of at least 20,000 tonnes per year Application after ELY decision to individual project, if equalling effects 11 Spatial planning and construction permit Building should be based on plan Local plan Regulations/ orders in the local plan (LUBA 57) EPA Section 12: the operation requiring environmental permit shall not be located contrary to the local plan National land use targets: Areas for waste treatment plants should be shown in the regional plans For the land requirements of power plants using renewable and waste based fuels should be prepared in land use Infrastructure requirements Construction permit Local plan as a basis > requirements from LUBA Section

7 Environmental Protection Act (527/2014) - scope Section 1 Act is applied to industrial and other activities which cause or may cause deterioration of environment Also applied to activities where waste is developed and to the waste disposal 13 Environmental Permit need Environmental Protection Act (527/2014) Section 27 Environmental permit needed if the project is a directive plant (listed in Annex 1, table 1) Disposal or recovery of hazardous waste with a capacity exceeding 10 tonnes per day involving one or more of the following activities: biological treatment, physico-chemical treatment ; Disposal or recovery of waste in waste incineration plants or in waste co-incineration plants: for non-hazardous waste with a capacity exceeding 3 tonnes per hour; for hazardous waste with a capacity exceeding 10 tonnes per day Other plants (Annex 1, table 1) 14 7

8 Environmental permit regulations Chapter 6: Permit Considerations and Permit Regulations Applied to all the permits under EPA Chapter 7 shall be applied when deciding on the permit of a directive plant NB! I m using permit regulations = lupamääräykset 15 EPA Chapter 6 Prerequisites for the permit The activity does not cause by itself or together with other projects, when taking the permit regulations and location into account: Detriment to health, degradation of environment (Section 5, para 1, p. 2) or risk of it, Prohibited contamination of soil, ground water or sea, or dumping (Sections 16-18), Deterioration of special natural conditions or risking the water supply or other general usage possibility in affected area, Unreasonable disturbance (/burden) according to Act on Certain Neighbour Relations Section 17.1, Deteriorations to possibilities to practise Sami livelihood and culture ( ) 16 8

9 Permit regulations for preventing contamination The permit shall include the necessary regulations on (Section 52): Emissions, emission range values, prevention and restriction, location Shall be based on BAT Prevention of soil and groundwater Waste and activities decreasing of the amount and harmful of waste Actions in problem and other exceptional situations Reparation of the area and prevention of emissions and other activities after dismantling Other actions BAT consideration (Section 53) 17 Best Available Technology (BAT) EPA Definition Section 5 7) Best available technique refers a) to methods of production and treatment that are as efficient and advanced as possible and technologically and economically feasible, and to methods of designing, constructing, maintenance, operation and closing down with which the pollution caused by activities can be prevented or most efficiently reduced and which are suitable to form the basis for environmental permit regulations b) technique is technologically and economically feasible when it is commonly available and it can be employed in the certain branch with reasonably costs 18 9

10 Waste-related permit regulations Sections EPA Necessary requirements for complying with the legislation on waste and waste management Waste disposal permit can be restricted to a certain waste type May also deviate from the provisions of Decrees given under Waste Act Section 14 Guarantee amount and validity Monitoring and surveillance regulations (Section 62) Monitoring program (Section 64) If industry sewage conveyed in municipal sewage treatment plant, the obligation of pre-treatment of sewage shall be set (Section 67) 19 Industrial Emissions Directive (2010/75/EU) Background for the provisions concerning directive plants Industrial emissions BAT (best available techniques) Made the BATs legally binding instruments BREFs (BAT reference documents) BAT conclusions Comprehensive scope of emissions (Annex VI of the Directive) 20 10

11 Chapter 7 of EPA - definitions BREFS (vertailuasiakirja) Document under IE-Directive Article 3 - Description of techniques, emissions and consumption level in the activity - Existing and emerging technologies used in defining BAT and preparing BAT Reference Documents Decisions on BAT Conclusions (päätelmät) Commission Decision which includes such parts of the BREFs where BAT conclusions are presented description of the techniques, information for application, emission levels, monitoring and consumption levels, and, if necessary, repairing actions Emission Reference Levels (päästötaso) Range (/time unit) of emissions in normal conditions of the plant when using the BAT or mix of BATs 21 Permit consideration Chapter 7 Permit considerations shall be based on the BAT Conclusions In case the conclusions on BATs (from BREFs) has not been confirmed, the BREFs will be applied in their relevant parts Emission levels so that not exceeded in normal conditions If emission levels given, according to BAT, applied to activity and production method, too If emission levels would lead to unreasonably high costs when compared to the positive environmental effect, higher (looser) emission range values can be ordered (exemption) When the activity is in the scope of Act on Emission Trading (311/2011) (Section 2), the range values shall not be given for the greenhouse gases under that Act (Section 55, EPA) When permit is updated, the BAT conclusions and emission reference levels shall be taken into account 22 11

12 BREFs Description of techniques, emissions and consumption level in the activity (the conclusions on BATs) The permit regulations shall be based on BAT conclusions that the Commission has confirmed For different fields of operations: 23 Environmental permit regulations The permit regulations in general from Chapter 6 When Chapter 7 applies, both applies When contradicting, the Chapter 7 applies BAT conclusions apply only for directive plants If not a directive plant, national consideration 24 12

13 Environmental permit, several reasons Other reasons for environmental permit Water (sewage) Ground water area Noise, smell (disturbance for neighbours) Everything handled in the same EPA permit procedure In case of separate operations in the same area, the permit application should be made simultaneously in one or separate applications (EPA 41) Permit regulations and consideration for every function separately If environmental permit not required, announcement to municipal environmental protection authority (Waste Act 100) 25 Governmental Decree on Waste Incineration (151/2013) Section 4 General requirements for the waster incineration (Section 4) Section 4 a If the operation of waste incineration or parallel plant is essentially changed so that the hazardous waste is incinerated, the change is considered as an essential change of operation which requires environmental permit Section 6 Waste information and registration Section 7 Special requirements for receiving hazardous waste Section 13 Prevention of emissions which cause remarkable air deterioration Chimney high enoug Section 14 Reference levels for emissions Section 18 Measurements: the emissions shall be measured Section 28 The permit regulation can be stricter than the requirements of the Decree if needed for the employment of BAT 26 13

14 Act on safety of treatment of hazardous chemicals and explosives (309/2005) In case of industrial treatment and storing of hazardous chemicals, Chemical Safety Act is applied Provisions on for example Obligation to be aware of the hazardous characteristics and categorizations of chemicals (Section 7) Obligation to choose the less hazardous chemical (Section 8) Diligence obligation: sufficient diligence for the prevention of environmental and property damages (Section 9) Devices, prevention of accidents, the personnel of the plant 27 Permit under Chemical Safety Act Large-scale industrial treatment and storing of hazardous chemicals requires permit under Chemical Safety Act (Section 23) Permit is granted if the applicant shows it complies with the safety requirements (Chapter 2) The necessary permit regulations can be given Permit authority is Finnish Safety and Chemicals Agency (TUKES) TUKES is also the surveillance authority 28 14

15 Which other permits the plant may require? When? Other possible permits Water permit Cables and district heating pipes Aviation obstacle permit if pipe high enough Permit under Emission Trading Act Expropriation permit Land Extraction Act 30 15

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