REPUBLIC OF SERBIA Negotiating Group for the Chapter 27, Environment and Climate Change Bilateral screening: Chapter 27 PRESENTATION OF THE REPUBLIC OF SERBIA INDUSTRIAL EMISSIONS DIRECTIVE 2010/75/EU Brussels, November 2014 1
Legislative framework There is a legislative framework established for topics covered by the IED, based on advanced transposition of previous directives IPPC (1996/61/ EC codified 2008/1/EC) LCP (2001/80/EC) WI (2000/76/EC) VOC (1999/13/EC) TiO 2 (78/176/EEC, 82/883/EEC, 92/112/EEC) Legal gap analysis of existing legislative framework has been performed in 2014 Full transposition of IED is expected at least 2018 2
Legal Gap Analysis 1 Chapter Legislation (existing) Gap (IED) IPPC Law on Integrated Pollution Prevention and Control Regulation on type of activities and instalations to which integrated permits are issued Regulation on criteria for determination of best available techniques, for application of quality standards, as well as for determination of emission limits values in integrated permit Definitions: general binding rules; BAT reference document; BAT conclusions; BAT-AEL, emerging techniques; hazardous substances; baseline report; groundwater; soil; poultry. Articles: general binding rules; emission of greenhouse gases; BAT reference document and exchange of information; site closure; environmental inspections; emerging techniques. LCP Law on Air Protection Regulation on emission limit values of pollutants into the air some definitions; aggregation rules; ELVs; flexibility provisions (desulphurisation rate, TNP, limited lifetime derogation, small isolated system, district heating plants); geological storage of CO2; Annex V 3
Legal Gap Analysis 2 Chapter Legislation (existing) Gap (IED) WI Law on waste management Governmental Order on types of waste subject to thermal treatment, conditions and criteria for determination of location, technical and technological conditions for projecting, construction, equipping and work of the thermal waste treatment plants and handling of combustion residues measures related to the thermal treatment which are guarantee: -to that plant is designed, equipped & operated account the categories of waste to be incinerated or co-incinerated -generated heat during incineration & coincineration process is recovered as far as practicable, e.g., through combined heat & power, generating of process steam or district heating) -residues disposal which cannot be prevented, reduced or recycled VOC Law on Air Protection Regulation on the list of industrial installations and activities controlling emission of volatile organic compounds, emission values of volatile organic compounds during the certain consumption of solvents and total allowed emission, and emission reduction scheme monitoring requirements, substantial change to existing installation, public access to information 4
Legal Gap Analysis 3 Chapter Legislation (existing) Gap (IED) TiO 2 Law on Waste Management Rulebook on management of waste from titanium-dioxide, surveillance and monitoring of environment on the site Regulation limits on emissions of pollutants into the water and the deadlines for the reach( Official Herald RS, No. 67/11 and 48/2012) Regulation on limit values for emissions of air pollutants ("Official Gazette of RS", No. 71/10 and 6/11-corr.) Explicitly prohibit the disposal into any water body of titanium dioxide waste, either as solid waste, as liquors arising from the filtration phase, waste from installations applying the chloride process, filtration salts, sludge and liquid waste airing from the treatment of waste containing titanium dioxide, where the content is exceeding the limits set out in Article 67. Ensure that emissions from installations into water or into air do not exceed the emission limit values set out in Part 1 of Annex VIII and Part 2 of Annex VIII, but also ensure that emissions of acid droplets into ambient air from installations are prevented. Ensure compliance with Article 70 on monitoring of emissions. Legal Gap analysis was done with the assistance of IPA 2011 Project - Law enforcement in the field of industrial pollution control, prevention of chemical accidents and establishment of the EMAS system in Serbia 5
Transposition Plan Chapter Timeframe for transposition Legal action IPPC 2018 Amendments to the IPPC law and secondary legislation LCP June 2015 -Transposition of LCPD and related decisions from EEC New Regulation of ELVs from combustion plants July 2017 - Transposition of IED LCP (and related decisions from EEC) Amendments to the Regulation of ELVs from combustion plants WI 2018 Amendments to the Law on Waste Management and secondary legislation VOC 2016 Amendments to the VOC Regulation TIO 2 2018 Amendments to the Law on Waste Management and secondary legislation 6
Institutional framework Competent authority IPPC LCP WI VOC TIO 2 MEAP DIPPC (3 permit writers) AOLPU (1) WMD (1 permit writer with shared responsibilities) AOLPU (1) WMD (1 employee) 2 legal experts +Inspectors (16) PS UPCEP 1 permit writer - 1 permit writer - - Inspectors (7) 27 permit writers - - LSG Inspectors with shared responsibilities (181) SEPA Register department (1 employee with shared responsabilities) MME - DSDCCIES (3) - - - Competencies between different level of government are divided based on the Law on Planning and Construction (article 133) which stipulates competency for the construction license issuing 7
Chapter I and II - IPPC Aleksandra Vučinić, Department for integrated permits Ministry of Agriculture and Environmental Protection 8
Status of implementation -196 instalations 9
Status of implementation submitted application in total: 166 (156+10 issued permits) issued permits in total: 10 Competent authority Ministry of Agriculture and Environmental Protection Provincial Secretariat for Urban Planning, Construction and Environmental Protection No of received application 57 3 28 5 No of permits issued Local-self government 71 2 draft permits in the preparation: 10 156 incomplete application which are in the amending phase by the operators (documentation missing: water permits, technical documentation, Plan of measures, ) DSIP for the IED will be prepared until September 2015 10
PROCEDURE FOR ISSUANCE OF INTEGRATED DOZVODE REQUEST Report this supplement ( 15 days) rejection Full Notifying authoritie PROCEDURE FOR INTEGRATED PERMITS ISSUANCE APLICATION COMPLETE NOT COMPLETE INFORMATION FOR PUBLIC, AUTHORITIES AND ORGANIZATIONS ON SUBMITTED APPLICATION VIA NEWS PAPER AND INTERNET(15 DAYS FOR COMMENTS) PREPARATION OF DRAFT PERMIT IN 45 DAYS INFORMATION FOR PUBLIC, AUTHORITIES AND ORGANIZATIONS ON DRAFT PERMIT VIA NEWS PAPER AND INTERNET(15 DAYS FOR COMMENTS) YES REQUEST FOR THE ADDITIONAL INFORMATION AND DOCUMENTATION NO REJECTION OF THE APPLICATION TECHNICAL COMMISSION FOR THE ASSESSMENT OF THE CONDITIONS IN THE PERMIT FINAL DECISION AND PERMIT ISSUANCE (WHOLE PROCESS TAKES 120/240 DAYS FROM THE SUBMMITION OF THE COMPLETE APPLICATION INFORMATION FOR PUBLIC, AUTHORITIES AND ORGANIZATIONS ON ISSUED PERMIT VIA NEWS PAPER AND INTERNET(NO COMPLAINS CAN BE FILED AGAINST DECISION WHILE ADMINISTRATIVE COURT PROCEEEDING CAN BE INSTIGETED)
Chapter III - LCP Biljana Miškov Air and Ozone Layer Protection Unit Ministry of Agriculture and Environmental Protection III CP IED 12
LCPs 37 LCPs in Republic of Serbia; Exact number of LCP installations (number of stacks) will be establish in the process of preparation of NERP (ongoing); More detail information available for energy sector - PE EPS has 9 thermal power plants (6 lignite fired and 3 gas/heavy fuel oil fired), in total 15 stacks. 13
Status of implementation Definition and classification of LCPs has been done based on Article 1 of LCP directive; EVLs in Serbian ELVs Regulation are harmonized with LCP directive. Implementation of LCP directive will be done through NERP (will be developed by the end of 2015, implementation 2018-2027); Flexibility provisions of the LCP directive have been considered (NERP, opt-out ) in accordance with decision** on LCPs; Closing the implementation gap: Drafting of the NERP* (starts with LCP ELVs, ends with IED ELVs) - end of 2014 DSIP for the IED LCP * end of 2015 * assisted by EU funded projects **Decision of the European Energy Community: Decision D/2013/05/MC-EnC on the 14 implementation of Directive 2001/80/EC
NERP SO 2 and PM ceilings graphs SO 2 LCPD level IED level (LCPs > 500 MWth) 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 dust LCPD level IED level 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 15
NERP NOx ceilings graph NOx LCPD level IED level 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 (LCPs > 500 MWth) The following paragraph is the integral part of the Decision D/2013/05/MC- EnC: Parties implementing a national emission reduction plan in accordance with Article 4(6) shall report annually to the Secretariat the plant-by-plant fuel use and emission data for all plants covered by the plan. With the aim of demonstrating progress in implementation, this report shall also include emission projections for scenarios taking into account ongoing investments for which financing is secured and a well-defined implementation timeline is drawn up. 16
Investments in PE EPS (LCPs) Compliance with the LCPD (prior to deciding on NERP) REDUCTION OF PM Projects finalized 2004-2013 11 units 73.700.000 Emission of PM reduced by 75% denox PRIMARY MEASURES Project finalized 2012-2013 1 unit 17.000.000 CEMS at TENT A Project finalized 2010-2012 3.750.000 modernization of the CEMS and management in TENT B Project finalized 2009-2014 24.000.000 Investment costs necessary for compliance, for PE EPS only*: LCPD - 640,4 million IED - 710,7 million 17 * Study on the Need for Modernization of Large Combustion Plants in the Energy Community, 2013
Monitoring Provisions related to emission monitoring requirements are stipulated in Regulation on ELVs, based on requirements of the LCP directive; Requirements for CEM is clearly defined; other operators have to perform individual emission measurements once/twice per year; Ministry issues approval for the operators of the stationary pollution sources who perform self-monitoring; So far, 5 approvals containing 21 pollution sources (stacks) has been issued. 18
Reporting Provisions related to reporting are stipulated in Serbian ELVs Regulation, based on requirements of LCP directive; All LCP plants are covered within PRTR register established in Serbian Environmental Protection Agency (SEPA) in accordance with Directive 166/2006 (e-prtr directive); SEPA provides relevant information on their website; There are certain restrictions on public access to information, which will be resolved this year and all data (2010 2013) will be available to the public; So far, non of the companies subject to this reporting asked for confidentiality of reported data; In order to fulfill all reporting requirements, SEPA will improve existing information system for air emissions from LCP facilities. 19
Chapter IV - waste incineration plants and co-incineration plants Marina Milojević Department of Waste Management Ministry of Agriculture and Environmental Protection 20
Status of implementation Implementation of the Chapter IV of IED is in its initial stage MAEP and PS UPCEP issued (since 2010): 4 permits to the cement factories for the storage and treatment of waste tires, waste oils and SRF/RDF* - only 2 cement factories that operate as co-incinerators La farge - Beočin Holcim Popovac Forma Ideale AIK Bačka Topola 2 permits to the for the treatment of waste edible oils and waste wood - only 2 factories operate as installation less than 2 tones per hour capacity Titan Kosjerić * SRF Solid Recovered Fuel RDF Refuse Derived Fuel 21
Waste management data: Reporting SEPA: publishes data on waste management: National Register of permits on waste management List of (co)-incineration plants which nominal capacity is below 2 tones per hour under the Waste management information system, established by the Law on Waste Management and by secondary legislation (e.g. with reporting forms). http://www.sepa.gov.rs/ 22
Chapter V - VOC Sonja Ružin, Air and Ozone Layer Protection Unit Ministry of Agriculture and Environmental Protection 23
Identifying relevant installations? VOC regulation - The list of activities and solvent consumption threshold VOC regulation contains a form for registration of the installation (submission of relevant data on type of activity and consumption of VOCs, deadline 7 th July 2013 Only one installation submitted the data (challenge in implementation) Closing the implementation gap: 1) Identifying relevant installation submission of questionnaires (end of 2014) 2) Collecting of questionnaires (mid 2015) 3) Preparation of DSIP (end of 2015) 4) Training of the environmental inspectors to strengthen the enforcement activities All activities are assisted with EU funded projects 24
Emission control Serbian VOC legislation contain provisions on emission control based of 1999/13/EC, that are almost in full compliance with new IED requirements (with exemption of the obligation of the member state towards Commission and incomplete transposition of requirements set in Art. 59.5 and Part 4 of Annex VII); There are two options for the operators to achieve compliance with directive s requirements compliance with ELVs or emission reduction scheme which will provide for equivalent emission reductions; Operators have to give written declaration on the chosen option to achieve compliance (contained in the questionnaire that will be disseminated). 25
Control and monitoring system Serbian VOC legislation contains incomplete provisions related to monitoring, based on Directive 1999/13/EC; Further legislative activities are required in order to ensure monitoring of emissions pursuant to Article 60 and Part 6 of Annex VII. 26
Access to information Informing the public - Article 78 of Law on Environmental Protection ( Official Gazette of RS, No. 135/2004, 36/2009, 36/2009 other law, 72/2009 other law and 43/2011 - decision of CC); Establishing and maintaining of the Information system - Article 68 of the Law on Air Protection ( Official Gazette of RS, No. 36/09 and 10/13) SEPA; Some provisions in relation to access to information based on Directive 1999/13/EC are in place, and need to be improved in a way that following information are made available to the public: the decision of the CA, a copy of the permit and updates, the GBR applicable for installations, the list of VOC installations subject to permitting and registration and the results of the monitoring of emissions (end of 2016). 27
Chapter VI - Specific provisions on installations producing titanium dioxide Marina Milojević Waste Management Department Ministry of Agriculture and Environmental Protection 28
Situation in the Republic of Serbia Republic of Serbia has no facilities for production of titanium dioxide. Waste Management Strategy defines that titanium dioxide is not produced in R. Serbia, but is imported and used as a raw material in the manufacture of paint and in the building materials industry. Rulebook prescribe the procedure for the management of waste from titanium dioxide, supervisory measures and environmental monitoring at the site. 29
Conclusion There is legislative framework established for topics covered by the IED, based on advanced transposition of previous directives Legal gap assessment is done for IED and plan for transposition developed Full transposition is expected by 2018 Implementation is currently based on requirements of previous directives IED implementation will be further guided through development of: Directive specific implementation plan (under development, to be finalised by the end of 2015) NERP (under development, to be finalised end 2015) 30
Thank you for your attention Olivera.s 31