Meeting with An Bord Pleanála Review Group By Laura Burke Dara Lynott Frank Clinton 9 th December 2015
Environmental Protection Agency (EPA) EPA Established in 1993 Sponsor in Government – Department of the Environment Powers derived from EPA Act 1992, Waste Management Act 1996, Protection of the Environment Act 2003 Since 1993 over 60 further statutory instruments and regulations assigning additional responsibilities Drinking Water, Waste Water, Septic Tanks, EIA Radiological Protection (Miscellaneous Provisions) Act 2014 Merger of RPII and EPA Office of Radiological Protection within EPA
VISION A clean productive and well protected environment supporting a sustainable society and economy
Mission ‘To protect and improve the environment as a valuable asset for the people of Ireland. To protect our people and the environment from the harmful effects of radiation and pollution .’
Environmental Protection Agency Section 52(2): In carrying out its functions the Agency shall:- “ensure , in so far as is practicable, that a proper balance is achieved between the need to protect the environment (and the cost of such protection) and the need for infrastructural, economic and social progress and development .”
EPA Essential Characteristics Three priorities or essential characteristics for the EPA were set out when the Bill to establish the Agency was introduced: “ independence from Government, public authorities or any other interested bodies; power to carry out their functions effectively; and transparency in all their decisions” and also that its scientific integrity should be beyond reproach Ref: 127 Seanad Debates Col 684 (23 January 1991).
EPA Review The Independent Review of the Environmental Protection Agency, 2011 Key Finding: “The Agency has grown and matured, providing considerable benefit for Ireland’s environment, and for the health and well -being of its people.” “ the EPA has the independence to arrive at informed and objective decisions, based on the facts (scientific integrity), and to undertake objective assessment and reporting on the state of the environment. This independence is one of its key strengths and is well provided for in existing legislation.”
Governance Board Director General and five directors form Board of Agency Executive Board fulfils both governance and management roles Lead and approve Strategic Policy, Monitor and review implementation Board acts in quasi-judicial role in licensing function Director General Accounting Officer and Chair of the Board Chief Executive of the EPA Accountable to Oireachtas through PAC
Directors Appointment Open competition Appointed by Government Selection Committee Established under the EPA Act (as amended) Committee Members include: Secretary to the Government Secretary of the Department of the Environment Chairperson of the Council of An Taisce – the National Trust for Ireland MD of the IDA Chief Executive of the Council for the Status of Women Term of Office Director General – 7yrs Directors- 5 yrs
Advisory/ Consultative Committees EPA Advisory Committee Health Advisory Committee Radiological Protection Advisory Committee GMO Advisory Committee Dumping at Sea Advisory Committee National Waste Prevention Committee Internal Audit Committee Meitheal Partnership Committee
Organisational Structure
EPA Offices (from MK presentation 2011) 366 Staff in 8 Locations in 2015 Regional Offices • Athlone • Limerick Regional Inspectorates • Dublin • Cork • Castlebar • Monaghan Headquarters in Wexford • Kilkenny
Staff Highly qualified, dedicated and professional staff 49 PhDs and 143 Masters Degrees Broad range of technical administrative and scientific disciplines Strong commitment to continuous learning EPA Review 2011: “The environmental expertise within the EPA is a significant national resource”
Staff Skill-set In the EPA for example we employ a whole range of professionals:- • Sociologists • Chemists • Biochemists • Geologists • Botanists • Ecologists • Environmental Scientists • Microbiologists • Agricultural Scientists • Hydrogeologists • Information Systems Scientists • Hydrologists • Computer Scientists • Marine Biologists • Engineers (Chemical, Civil • Zoologists & Process) • Accountants • Lawyers • Economists • Administrators • Physicists • Managers
Budget Exchequer funding Core Government Funding Water Framework Funding Environment Fund Enforcement Budget 2015 € 62 million NWPP Research Earned Income Licence fees Enforcement charges Auction of ET allowances
Working Arrangements Service Level Agreement with DECLG Available on EPA website Memoranda of Understanding 11 MOUs currently in place Available on EPA website ABP, CSO, CER, DAFM, UK Drinking Water Reulators, HSA, HSE, Marine Institute, Met Eireann, FSAI
Licensing Transparent and accessible licensing process Our licensing work is done in keeping with the requirements of the Aarhus Convention All application information is posted on our web pages All decisions are posted on our web pages Confidential information is the exception rather than the rule All licence decisions are accompanied by the Reasons for the Decisions made We are fully compliant with the requirements of the FoI and the AIE legislation EPA is accountable to the Oireachtas and its Committees EPA appears regularly at Dail Committees Decisions can be scrutinised by the Courts, e.g., under Section 85 of EPA Acts, judicial reviews can be taken.
Licensing Purpose of licensing regimes To comply with the relevant EU Directives IPPC (former), IED, Waste Framework Directives, Water Framework Directive, etc. To comply with National legislation EPA Acts, Waste Management Acts, National Regulations such as the Wastewater Discharge (Authorisation) Regulations S.I. 684 of 2007, etc. To provide operators with a effective regulatory framework to ensure that the environment is protected from harm associated with emissions to air, water, land, etc.
Licensing Types of industry Large scale industries, including: Power Generation Mining & metals Chemicals & pharmaceuticals Food & Drink Cement & lime Timber processing Fossil Fuels Surface Coaters Intensive Agriculture Higher risk activities, including: GMO activities Waste Incineration & hazardous waste incineration Waste disposal activities (landfills & waste recovery activities) Activities posing a threat to water quality, including: Municipal wastewater discharges
Licensing Issued over 3,000 Licences 1,100 IED & IPC 320 Waste (licences) 500 UWW (licence) 700 UWW (Certifications) 600 GMO All of which require a full, detailed environmental assessment of impact before the decision can be made Approximately 200 licensing decisions, involving extensive environmental assessments, are made each year Also, approximately 1,800 Radiological Protection Licences have been issued, most of which are reviewed annually.
Licensing Industrial Emissions Licensing Embraces the Best Available Techniques (BAT) concept which is enshrined in the Industrial Emissions Directive, i.e., an EU mandatory requirement BAT interpreted through the BAT Reference Documents (for each sector) - the BREFs BAT now mandatory by way of the BAT Conclusions Chapter of the BREF BAT Conclusions must be reflected in the permits / licences.
Licensing Environmental Impact Assessment must be carried out for many IED, Waste and WWDL activities EIA is done in light of C50/09 judgement EIA involves close and effective collaboration with local Planning Authorities and / or An Bord Pleanála Appropriate Assessment screening required for all applications Full appropriate assessment required for many applications AA work tracks the Habitats Directive, EU Guidance, National legislation and case law Staying ahead of EU and National case law is a full time job
Integrated Decision Making Parallel systems for planning and environment EPA decision making facilitated by integrated licensing systems EPA required to consult other regulators (planning authorities, DCENR, DoE (foreshore), HSE, HSA, fisheries, etc.) EPA also a statutory consultee for others MoUs with ABP and others to facilitate integration
Decision Making Decisions Board Director Authorised Person Legislation carries many stipulations to be met in decision making, e.g. Section 82 of the EPA Acts mandates that: “T he Agency shall not grant a licence unless it is satisfied that any emissions from the activity will not cause environmental pollution ” Similar provisions in all of the other relevant pieces of legislation governing licensing & permitting
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