Agenda. SustRem - April Montreal

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Valentine Sanders
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1 Agenda 1 Sustainability Dimension 2 Legal Framework 3 Industrial Emissions Directive (IED) - Requirements 4 German guideline approach 5 Criteria to evaluate a significant increase of pollution and related remediation requirements 6 Outlook Acknowledgement: Ad-hoc commission of the Working Group on Soil Protection Issues of the German Federal States and the Federal Government (Bund/Länder-Arbeitsgemeinschaft Bodenschutz, LABO) in cooperation with the Working Group on Water Issues of the German Federal States and the Federal Government (Bund/Länder-Arbeitsgemeinschaft Wasser, LAWA 1

Common ground for Sustainable Remediation?

interpretation, variation in the level of environmental protection IED - New

Baseline report - Prevention Activities carried out by industrial

IED Prevention oriented BREF (Best Available Techniques Reference) Monitoring

2 Common ground for Sustainable Remediation? IPPC: return the site to a satisfactory state Wide differences of interpretation, variation in the level of environmental protection IED - New contamination : No-deterioration regime! Baseline report - Prevention Activities carried out by industrial installations can lead to serious soil and groundwater pollution! IED Prevention oriented BREF (Best Available Techniques Reference) Monitoring and Inspection (Article 23) Site closure and remediation (Article 24) upon definitive cessation of activities. Contaminated Land Management Hazard prevention and Polluter Pays Principle 2

3 Pillars of European and German Environmental Legislation Industrial Emissions Directive 2010/75/EU Industrial Installations parallel execution WATER (2000/60/EC WASTE 2008/98/EC Protection of Environmental Media Environmental Liability Directive 2004/35/EC Environmental Damages 3

4 Route Map Risk based approach for new contamination - really sustainable? 4

5 Differences between IPPC and IED! IPPC Obligation to return the site to a satisfactory state! IED (Article 23) It is necessary to ensure that the operation of an installation does not lead to a deterioration of the quality of soil and groundwater.! Key elements " Baseline report for indicated installations when relevant hazardous substances are present " Appraisal regarding a significant increase of pollution for these substances and mixtures " Obligation to return the site to the initial state (Article 25)! Please notice: IED is not regulating the remediation of historic contamination! 5

6 Flowchart for baseline report preparation within the permitting procedure! Documentation! Communication! Data! Availability! Sufficiency! Measurements! Assessment

7 Flowchart for the assessment of substances and substance mixtures! Assessment steps: # Substance properties # Relevance # Quantitative relevance

8 IED requirements and consequences! Post-closure obligations are just related to pollution caused by approved installations within their area!! NO baseline report = NO comparision = NO remediation measures return to the initial state!! Comparability of Baseline report and Records of Cessation e.g. sampling points, analytical methods, etc.. - Do not to compare apples and oranges! Remediation to the initial state is bordered for soil to the site of the installation, for groundwater remediation (technical feasibility) on direct plume of contaminants from the source.! Processes of degradation and the formation of Metabolites, whenever hazardous, are also covered. 8

9 Notification about the final cessation by the operator Baseline report (BLR) exists? Flowchart: Approval the increase of pollution and required measures NO YES Delivery of Records on cessation (RC) NO Indications hazards/pollution? YES Risk Assessment NO If and to which extent a Comparision pollution with relevant BLR - RC hazardous substances occured? If and what kind of Significant increase remediation measures are foreseen by the of pollution? operatator? YES Information about a proposed timeline. NO Hazard prevention required? YES No further action Satisfactory state Initial state 9

10 Historical Contamination on the site German positions! Historic contaminations does not fall under the IED-regime.! It is essential for the operator to preserve comprehensive evidence about the site condition (BLR) in order to limit own responsibilities.! Communication among operator and authority might help to find a site specific and more sustainable solution: " Reuse of existing infrastructure and buildings and the so caused unattainability of hot spots/sources " Temporary preservation of facilities secured under the VAwS (Ordinance on facilities for handling Substances constituting a Hazard to Water) " Public-Private contracts or financial guarantees in order to ensure remediation actions (Brownfield development) " Preference to Brownfield development instead of Greenfield loss. " Operator models with a transfer of liability, e.g. for Megasites (industrial parks) 10

11 How to characterisize a significant pollution Absolute vs. relative limits Easy implementation and execution Should reflect uncertainties of sampling, sample preparation and analytical methods Among discussed proposals we decided to implement: Significance threshold= BLR-Concentration *1,5 11

12 Significance Threshold / Common Forum - May BERLIN 12

13 Site closure Cases and Obligations Concentration RC [mg/kg] Concentration BLR [mg/kg] Concentration RC < C BLR *1,5 Zone without obligation regarding Article 25 IED Threshold of significance 13

14 14 Value Setting within the German Soil Legislation German Soil Legislation Unacceptable Hazard Zone Hazard Limit Trigger / Action Values undesired Zone of concern Precautionary values Limit of concern Safe zone 14

15 Fall short of limits for significance and hazard Duties related to IED Return to the initial state No significant increase of pollution, no obligations. Duties related to historical contamination (Soil Protection Act) No obligations Return to the satisfactory state No requirements. 15

16 Exceedance the limit of significance - fall short of the hazard limit Duties related to IED Return to the initial state significant increase of pollution, obligation for a remediation if technical feasibile. Case specific approval of proportionality. Duties related to historical contamination (Soil Protection Act) No obligations Return to the satisfactory state No requirements 16

17 Fall short the limit of significance and exceedance of the hazard limit Duties related to IED Return to the initial state No significant increase of pollution, no obligation. Return to the satisfactory state No satisfactory state - the operator has to explain with the Records of Cessation how to achieve a satisfactory state. Documents have to be complete and comprehensible in order to enable a legal and objective approval by the competent authority. Case specific approval of proportionality. Duties related to historical contamination (Soil Protection Act) With an exceedance of "hazard limits" a formal obligation for remediation actions in the regime of the soil protection act exists. Kind and range are result of a site specific review by the authority. 17

18 Exceedance of limits for significance and hazard Duties related to IED Return to the initial state significant increase of pollution, obligation for a remediation if technical feasibile. Case specific approval of proportionality. Return to the satisfactory state No satisfactory state - the operator has to explain with the Records of Cessation how to achieve a satisfactory state. Documents have to be complete and comprehensible in order to enable a legal and objective approval by the competent authority. Case specific approval of proportionality. Duties related to historical contamination (Soil Protection Act) With an exceedance of "hazard limits" a formal obligation for remediation actions in the regime of the soil protection act exists. Kind and range are result of a site specific review by the authority. 18

19 Assessment of Mixtures Obligation to return the site into initial state Article 25 IED Return the site to a satisfactory state 5 Concentration RC [mg/kg] Concentration BLR [mg/kg] Concentration RC < C BLR *1,5 Zone without Obligation regarding Article 25 IED Mixture 1 Mixture 2 19

20 Outlook MANY CHALLENGES FOR ADMINISTATIVE EXECUTION! Broad variety of cases;! Content, use and approval of collected data;! Handling with still existing contaminants;! Fulfillment of obligations in case of insolvency. PENDING QUESTIONS:! How to analyze and assess new substances and mixtures?! Capability of these substances to harm soil and groundwater?! Repeatability and uncertainties within sampling and analytics?! Relocation and degradation of substances and their metabolites? 20

We favor differentiated sustainability demands, which should be very strict, as long we do have the chance to exclude negative impacts for the environment.

21 We favor differentiated sustainability demands, which should be very strict, as long we do have the chance to exclude negative impacts for the environment. Then sustainable remediation will be much easier. Thank You, any Questions? Joerg Frauenstein Section: Soil Protection Measures $ joerg.frauenstein@uba.de 21

IED implementation. Return to the initial state in Germany- Criteria to evaluate a significant increase of pollution and related remediation

IED implementation. Return to the initial state in Germany- Criteria to evaluate a significant increase of pollution and related remediation Für Mensch & Umwelt 13.+14. October 2016 - Oslo IED implementation Return to the initial state in Germany- Criteria to evaluate a significant increase of pollution and related remediation Joerg Frauenstein