agenda - rpic
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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
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Common ground for Sustainable Remediation?
2
Contaminated Land Management Hazard prevention and Polluter Pays Principle
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.
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
SustRem - April 2016 - Montreal
Pillars of European and German Environmental Legislation
3
Industrial Installations
Protection of Environmental Media
Environmental Damages
Environmental Liability Directive
2004/35/EC
WATER (2000/60/EC
WASTE 2008/98/EC
Industrial Emissions Directive
2010/75/EU
parallel execution
SustRem - April 2016 - Montreal
Route Map
4
Risk based approach for new contamination -
really sustainable? SustRem - April 2016 - Montreal
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!
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! Documentation ! Communication ! Data ! Availability ! Sufficiency ! Measurements ! Assessment
Flowchart for baseline report preparation within the permitting procedure
Flowchart for the assessment of substances and substance mixtures
! Assessment steps: # Substance properties # Relevance # Quantitative relevance
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.
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Notification about the final cessation by the operator
Baseline report (BLR) exists?
NO YES
Indications hazards/pollution?
Comparision BLR - RC
Significant increase of pollution?
Initial state Satisfactory state
Risk Assessment
No further action
Hazard prevention required?
NO
YES
NO
NO
YES
Flowchart: Approval the increase of pollution and required “measures”
Delivery of Records on cessation (RC)
YES
• If and to which extent a pollution with relevant hazardous substances occured?
• If and what kind of remediation measures are foreseen by the operatator?
• Information about a proposed timeline.
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)
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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
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Significance Threshold
/ Common Forum - May 2014 - BERLIN 12
Site closure – Cases and Obligations
13
Concentration RC [mg/kg]
Concentration BLR [mg/kg]
ConcentrationRC < CBLR*1,5 Zone without obligation regarding Article 25 IED
Thre
shol
d of
si
gnifi
canc
e
SustRem - April 2016 - Montreal
14
German Soil Legislation
Unacceptable
Trigger / Action Values
undesired
Precautionary values
Value Setting within the German Soil Legislation
14
Hazard Limit
Limit of concern
Hazard Zone
Zone of concern
Safe zone
SustRem - April 2016 - Montreal
Fall short of limits for significance and hazard
Duties related to IED Return to the initial state No significant increase of pollution, no obligations. Return to the satisfactory state No requirements.
Duties related to historical contamination (Soil Protection Act) • No obligations
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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. Return to the satisfactory state No requirements
Duties related to historical contamination (Soil Protection Act) • No obligations
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Fall short the limit of significance and exceedance of the hazard limit
17
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.
SustRem - April 2016 - Montreal
Exceedance of limits for significance and hazard
18
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.
SustRem - April 2016 - Montreal
Assessment of Mixtures
19
1
3
5
2
4
Obligation to return the site into initial state Article 25 IED
Return the site to a “satisfactory state”
1
3
5
2
4
Mixture 1 Mixture 2
ConcentrationRC < CBLR*1,5 Zone without Obligation regarding Article 25 IED
Concentration RC [mg/kg]
Concentration BLR [mg/kg]
SustRem - April 2016 - Montreal
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?
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Thank You, any Questions?
Joerg Frauenstein Section: Soil Protection Measures $ +49 340 3103 3064 joerg.frauenstein@uba.de http://www.umweltbundesamt.de
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.
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