Newsletter Q2 2012 - Now with over 500 Subscribers!

Welcome to our summary of industrial environmental compliance news items that appeared on our website www.environet.ie over the past quarter. We now have over 500 environmental professionals subscribing to our service. This is a free service, issued every quarter. If you wish to unsubscribe please click the link at the end of this mail.

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Best Regards

Gerard Kelly

CONTENTS

Ireland faces fines for breaches of EU Legislation (26/4/2012)

EEA Launches Climate Change Adaptation Website (16/4/2012)

EU Emissions Trading System Data (15/5/2012)

EPA Issues Guidance on Emissions to Groundwater (8/6/2012)

New Guidance on Noise Emissions (15/6/2012)

Latest Bathing Water Quality Data (2/7/2012)

Ireland faces fines for breaches of EU Legislation (26/4/2012)

Ireland has been taken to the ECJ (European Court of Justice) by the Commission on many occasions for breaches of EU environmental legislation. To date cases have been settled prior to the imposition of any fines. However Ireland is getting closer to the imposition of fines as a number of cases are now at Stage Two of enforcement proceedings.

In summary Stage One involves a case being taken by the Commission at the ECJ which, if successful, results is a finding against the Member State (MS). A judgment is registered requiring the MS to comply with the relevant legislation. However if the MS continues to be in non-compliance then the Commission can institute Stage Two proceedings against the MS with suggested lump sum and ongoing fines should the proceedings be successful.

There are currently 15 cases being taken against Ireland. Of these 5 could be considered to be at Stage 2. These are;

Failure to regulate septic tanks (fines of €2.7m lump sum and €26,173 per day of future non-compliance).
Failure to ensure that Environmental Impact Assessments are carried out on various agriculture and fish farming projects.
Failure to implement the Birds Directive with respect to the designation of SPAs (Special Protection Areas).
Failure to implement the Habitats Directive.
Failure to require EIAs for particular projects and the facilitation of Planning Retentions which are seen as undermining the effectiveness of the EIA Directive.

Interesting times!

EEA Launches Climate Change Adaptation Website (16/4/2012)

Climate Change Adaptation is now receiving a lot of attention at EU level. Its one thing to prove that climate change is occurring but its another to actually prepare for it.

A new website from the European Environment Agency aims to collate the many sources of information and provide the knowledge base to inform people about climate change and specifically climate change adaptation http://climate-adapt.eea.europa.eu/.

It is aimed at policy makers who can learn from the experience of others facing similar challenges and already carrying out adaptation actions elsewhere.

Climate-ADAPT is currently the most comprehensive website for information on impacts, vulnerability and adaptation to climate change in Europe. In this context ‘adaptation’ means anticipating the effects of climate change and taking action to prevent or minimise damage. In many cases, early action will save money because the costs of failing to adapt are likely to be very high.

Unfortunately Ireland is lagging behind many of our EU partners in that we do not have a Climate Change National Adaptation Strategy in place.

The web site aims to support the European Commission’s EU climate change adaptation strategy, due in 2013.

EU Emissions Trading System Data (15/5/2012)

More than 12,000 installations are covered by the EU Emissions Trading System (ETS). 105 of these installations are located in Ireland.

Launched in 2005, the EU ETS works on the "cap and trade" principle. This means there is a "cap", or limit, on the total amount of certain greenhouse gases that can be emitted by the factories, power plants and other installations in the system. Within this cap, companies receive emission allowances which they can sell to or buy from one another as needed. The limit on the total number of allowances available ensures that they have a value.

At the end of each year each company must surrender enough allowances to cover its emissions. If a company reduces its emissions, it can keep the spare allowances to cover its future needs or else sell them to another company that is short of allowances. The number of allowances is reduced over time so that total emissions fall. In 2020 emissions will be 21% lower than in 2005.

The European Environment Agency (EAA) has launched a useful data viewer whereby it’s possible to generate user specified spreadsheets and graphs by country, sector, year etc. Take a look here http://www.eea.europa.eu/data-and-maps/data/data-viewers/emissions-trading-viewer

EPA Issues Guidance on Emissions to Groundwater (8/6/2012)

The EPA has issued guidance on the licensing of emissions to groundwater. This comes on foot of the requirements of the European Communities Environmental Objectives (Groundwater) Regulations, 2010 (S.I. No. 9 of 2010) (Groundwater Regulations). Prior to these Regulations the applicable instrument was usually a Section 4 licence under the Local Government (Water Pollution) Acts 1977-1990. However the approach to the licensing of discharges to ground has been extremely inconsistent.

The guidance is titled ‘Guidance on the Authorisation of Discharges to Groundwater’ and is intended for EPA and Local Authority personnel who may be involved in authorising discharges. However it will also be particularly useful for those intending to seek discharge authorisations. The following activities are covered;

Small scale discharges from on-site waste water treatment systems (OSWTSs) - septic tanks and package treatment plants;
Discharges to ground from larger waste water works, including integrated constructed wetland systems;
IPPC and other industrial/commercial releases;
Infiltration of urban stormwater through infiltration basins (Sustainable Urban Drainage Systems); and
Escape of leachate from landfills (beyond engineered and/or geological barriers).

While landspreading associated with agriculture is undoubtedly the activity with the most significant impact on groundwater quality in Ireland, the guidance does not cover this activity and the reader is directed to the European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2010 (S.I. No. 610 of 2010). The relevant documents can be downloaded here http://www.epa.ie/whatwedo/advice/wat/guidegw/dischgw/

New Guidance on Noise Emissions (15/6/2012)

In April 2012 the EPA issued a comprehensive new Guidance Note for Noise. The document is intended to assist licensed activities with the assessment of their potential and actual noise impact on the local environment.

The EPA had previously issued three documents in relation to the assessment and management of noise emissions from licensed facilities, namely the Environmental Noise Survey Guidance Document (NG1), Guidance Note For Noise In Relation To Scheduled Activities – 2^nd Edition (NG2) and Guidance Note on Noise Assessment of Wind Turbine Operations at EPA Licensed Sites (NG3). The two earlier noise guidance notes (NG1 & NG2) are now withdrawn.

This new document has been updated to provide guidance in relation to the following:

A background to the basic theory of environmental noise.
A discussion of the principle of Best Available Techniques (BAT).
Outline guidance on noise mitigation measures that may be considered.
Discussion regarding licensed sites in the context of the Environmental Noise Regulations.

The updated document also provides guidance on Agency requirements in relation to the following:

The required detail expected to be provided in IPPC/Waste Licence applications regarding noise.
Applicable noise criteria for the site in question, with due consideration of the existing noise environment in the absence of the development.
An appropriate annual noise survey for inclusion within Annual Environmental Reports (including appropriate assessment and discussion of measured noise levels).
Recommended assessment procedures for impulsive and tonal noise.