This Brochure has been prepared within the frame of the HU/IB/2001/EN/04 PHARE Twinning Project, between the

Hungarian Ministry for Environment and Water and the German Federal Ministry of Environment, Nature Conservation and Nuclear Safety. The project was supported by funding from the European Union.

All for one

Joining the European Union is a great challenge also in the field of environment protection. Besides taking over and fulfilling the EU regulations, we also have to acquire the mind that the old democracies practice when approaching the question of environment protection. Modern environment protection cannot only target the reduction of pollutions generated, prevention of emissions is a question of the same emphasis. This is one of the reasons why environment protection cannot be viewed as a sector in itself and for itself -, the environmental aspects have to be integrated into the production processes. Reducing the pollution in one environmental medium and increasing the load of another another one nowadays cannot be allowed. During the last decade environmental protection has greatly improved in Hungary, the legislation is almost completely at a European standard. However, making the wider range of the society acquainted with environment conscious behaviour and giving countenance for its importance are still ahead. We have to achieve that the environment users know and keep the legal regulation, bearing in mind that beside the sustainable use of the environment even financial benefits can be presented. One basic condition of it is to make decisions on the environment via negotiations, with extensive consensus. All interested parties, therefore the public as well should play a role in decision-making, and therefore access to environmental data has to be ensured.

The European Union Directive on Integrated Pollution Prevention and Control (IPPC) expects and provides all of the above requirements, aiming at the reduction of the environmental load generated by the big users of the environment. The Directive now being an essential part of the Hungarian legislation as well requires the installations to obtain a permit (integrated permit for the use of the environment) covering the environmental impacts of their operations. The permit specifies requirements for every environmental media, for waste generation, noise, accident prevention and elimination, etc. The objective of IPPC is to prevent pollution, saving raw material and energy, which have to be prioritised over the methods of pollution abatement. The involvement of the public in the permitting procedure and the publication of the environmental data of the installations are great progress. With this new approach it is now within sight that the big users of the environment modernise their technologies, which will result in the guaranteed improvement of the state of the environment. The purpose of current publication is to inform the operators, the public, all parties involved and anyone interested about the principles, objectives, process of the integrated permitting in order to be able to do more for the improvement of state of our environment by applying these principles in practice together.

What is IPPC?

The term IPPC, as the abbreviation of the English Integrated Pollution Prevention and Control is well known in the Hungarian terminology. The European Council adopted the 96/61/EC Directive on the integrated pollution prevention and control in 1996, which mainly emphasises the prevention of the pollution caused by industrial, and certain agricultural activities, instead of reducing them afterwards. Its significance lies in the complex, integrated approach of regulating environmental pollution by looking at and managing the environment as a whole instead of tackling it by environmental media (air, water, soil). Beyond that for the purpose of prevention, reduction or elimination of the use and load of an environmental media the damaging and pollution of another environmental element cannot be allowed. The so-called IPPC Directive was transposed into the Hungarian legislation with the Government Decree 193/2001 (X.19.) on the detailed rules of the integrated permitting procedure for the use of the environment.

Mikls Persnyi Minister for Environment and Water

IPPC
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The objective of the permitting system is to ensure the followings:

What activities are concerned?

the environment user should make measures to prevent pollution, with special attention to the application of Best Available Techniques, The integrated permitting procedure emphasises those industrial, and industrial-scale activities, e.g. certain agricultural activities, where the probability or likeliness of environmental damage is the highest. Annex 1 of Decree 193/2001 (XI.19.) covers the list of activities bound to integrated permit for the use of the environment. In case of certain sectors the legislation sets capacity limits for the respective activity, over which and integrated permit is necessary for the operation. For some categories there are no capacity limits given, in those cases all installations belonging to this group need an integrated permit according to Government Decree 193/2001.
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Energy industry Production and processing of metals Mineral industry Chemical industry Waste management Paper industry Textil industry Leather industry Food industry Processing materials of animal origin Intensive livestock farming Machine industry, metal processing Mining

      

the activity should not cause environmental loads, the environment user should reduce the amount of waste generated, recycling of the waste generated, and its safe disposal, efficient use of energy, prevention of accidents, and in the event of their occurrence, reduction of their environmental consequences, on-site restoration of the possibly damaged environment, if the activity is terminated.

This integrated, uniform approach ensures that the environmental issues bearing importance from the installations point of view are considered, and the costs and benefits of the different options are all involved in the decision-making process. The new permitting system in general requires significant changes compared to the current practice. During the procedure all aspects have to be considered at the same time, including the local specialities, as well. The authority shall consult the operators and the parties involved constructively, and the conditions of the permit shall be shaped during the negotiations. However, in case of the industrial sectors involved, due to the increased environmental performance (reduced emissions, rationalisation of the use of resources) higher competitiveness can be achieved, with possible positive impact on national economy level as well.

Activities under Government Decree 193/2001 (X.19.) by main groups as of September 2003
4 27 51

68 55 92

573 52 14 6

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The share of the most significant activities under Government Decree 193/2001 (X.19.) as of September 2003

How to define BAT?

When defining the Best Available Techniques the authority has to take into account the technical characteristics of the installation, its geographical location and the local environment

5.4 Other 5.4 Landfill > 10t/day or > 25 t total capacity

protection conditions. Best Available Techniques wish to create balance between the

11.a Poultry > 40 000 spaces

different environmental impacts and their costs. It means that BAT can be different by every installation, due to the difference of the costs and benefits. However, the definition of BAT requires such a level and development of the technique, which allows it to be applied in a given sector. One of the pre-conditions of applying the BAT-based permitting

11.b Pigs > 2 000 spaces

11.c Sows > 750 spaces

What does BAT mean?

systems is to have an up-to-date knowledge on the environmental performance of the installations operated and also on the latest solutions. To ensure this, the European

The abbreviation BAT stands for Best Available Techniques. Best Available Techniques in summary mean: all techniques applied in order to prevent and if it is not possible reduce environmental loads, and to moderate the impact on the environment as a whole and which serves as a base to determine the limit values and amount of emissions. Best is, which is the most effective for the protection of the environment as a whole. Available is, where the development level makes

Commission develops the so-called BREF documents (BAT Reference Documents). Annex 2 of the Government Decree 193/2001 (X. 19.) also refers to these documents, as the ones presenting the aspects to be considered when defining the Best Available Techniques. The competent authority has to take these into account when specifying the content requirements of the application document and the permit itself. However, the BREF documents are not legally binding, they only introduce reference information. As the authorities have to consider the technical characteristics of the installation, its geographical location and the local environment protection conditions, the BREF documents cannot form the exclusive base for specifying the emission limit values and other permit conditions.

BAT
meant.

the application possible in the industrial sectors involved with acceptable technical and economical conditions, considering costs and benefits independently from whether the technique is used or produced in the country, if it is reasonably accessible for the operator. Under the term technique the technology and method used as a basis for designing, constructing, maintaining, operating and terminating the installation are

The European Commission publishes the BREF documents on the Internet and on CD-ROM, in English language. The objective of the Commission is to publish the first draft of every document until the end of 2005. To help the professional work the Ministry for Environment and Water prepared the summary of 11 BREF documents in Hungarian and there is a plan to develop the Hungarian BAT Guidance documents supporting the permitting procedure. Information on BREFs and BAT is available through the European IPPC Bureau Web site (http://eippcb.jrc.es) or at the IPPC Department of the technical background institute of the Ministry for Environment and Water.
Preliminary EIA

Permitting procedure of new installations

New installation

Env.user initiates the EIA at the Inspectorate

no

Belongs to IPPC?

yes

Obliged to EIA?

yes

Env.user initiates the EIA at the Inspectorate

no

Application Data Non-technical summary Application Data Preliminary Non-technical summary EIA

Application Comprehensive Data EIA Non-technical summary

Env.user initiates the Integrated Permit at the Inspectorate

Comprehensive EIA

How is the integrated permit issued?

Government Decree 193/2001 (X. 19.) regulates the permitting procedure of the integrated permit for the use of the environment. The integrated permitting is basically a framework regulation, which contains no special area regulations. The primary objective of the IPPC Directive is to ensure that the operators and the permitting authorities review the installations and their environmental impacts with an integrated approach during the permitting procedure. The permit issued as the result of the procedure integrates the requirements specified in the relevant environmental legislation, therefore it is not necessary to issue each media-specific permits. This approach aims at simplifying the state administration both in the European Union and in
Notary publishes for 15 days Environmental Permit

Inspectorate welcomes the opinion of the special authorities Notary publishes the documentation, notice and the non-technical summary for 30 days Comments back to the Inspectorate From the Inspectorate to the Applicant, who reacts Authority makes a statement on the comments and on the reply of the Applicant

Decision that entitles to Env.Permit

Inspectorate initiates the Integrated Permit procedure ex officio

Is supplementary data needed? Inspectorate welcomes the opinion of the special authorities Notary publishes the documentation, notice and the non-technical summary for 15 days Comments back to the Inspectorate From the Inspectorate to the Applicant, who reacts Authority makes a statement on the comments and on the reply of the Applicant

yes

no

Supplementary data Non-technical summary

IPPC permit

Announcement Abbreviation of terms: EIA: Environmental Impact Assessment

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Permitting procedure of existing installations

Hungary (one-window system), which at the same time serves the effective protection of the environment as a whole as well as the interest of the client. Since the enforcement of the Government Decree (30 October

Existing installation

Other permits (Inspectorate is only a special authority)

no yes Belongs to IPPC? no

The inspectorate obliges the env.user to carry out comprehensive env. audit

2003) for starting the activities under the scope of the Decree integrated permit is necessary (new installations). Certain activities are bound to have environmental impact assessment (therefore under the environmental permitting) and to carry out the integrated permitting procedure as well. In case of such activities the environmental authority first carries out the environmental impact assessment (similar to the activities obliged to have only environmental impact assessment), then decides in case the right for the environmental permit can be stated to initiate the integrated permitting procedure ex officio. The activities already existing when the Government Decree

Based on environmental audit or performance evaluation the environmental operation permit is issued Audit documentation

Is supplementary data necessary Inspectorate welcomes the opinion of the special authorities

entered into force (existing installations) also have to

yes

acquire the integrated permit latest until the deadline specified in the legislation (31 October 2007), and have to meet the requirements of it. The procedure is initiated by the Environmental Inspectorate issuing an obligation; the deadline of this obligation is 1 January 2004. The term substantial change shall mean a modification having occurred or administered in the installations operation, its circumstances, function, its extension or production capacity which influences the activitys impact on the environment or on human health. In such case the procedure of the new installations have to be followed, the Environmental Inspectorate initiates the procedure upon the request of the environment user.

no

Supplementary data supply

IPPC permit (not final)

The Inspectorate and the Notary publishes it for 15 days

Publishing

IPPC permit The permit can be viewed at the Inspectorate by the public

The permitting procedure of the existing and new installations is presented on the previous two diagrams.

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Who helps the operators during permitting?

Communication during the permitting plays an important role. The authorities being responsible for the implementation shall efficiently co-operate with the operators of the installations, and with the parties interested.

How can the public participate in the process?

One essential requirement of the integrated permitting is the access to information and participation of the public in the permitting procedure. Government Decree 193/2001 (X.19.), in accordance with the

The operators of IPPC installations should take into account that the preparation of a complete application document can take some time. Therefore it is recommended to contact the competent Regional Environmental Inspectorate in advance to agree exactly on which documents, what information should be included in the documents. The principal objective of the consultation with the authority is to determine Best Available Techniques. Besides, on the consultation agreement should be reached regarding the investment plans, the balance has to be reached considering financial possibilities and environmental aspects, taking into account that the installations shall meet the requirements of the Directive latest until 31 October 2007. For existing installations the application documentation could propose an improvement plan, with deadlines, how and when BAT is planned to be achieved. This proposal may form a basis of the conditions and deadlines specified in the integrated permit by the Inspectorate.

specifications of the IPPC Directive provides the possibility for the public to make adequate comments before the decision is made, furthermore, the permit issued is available for them for review. According to the Government Decree the procedure of public involvement within the integrated permit procedure is as follows. The environmental authority sends the application (with the clearly worded summary), and in case of an activity subject to environment impact assessment the decisions on entitlement to environmental permit and on initiating the procedure, and the possible supplementary data supply to the notary of the competent settlement. The environmental authority notifies of the procedure under way the notary of the town (in Budapest, of the district) government neighbouring the site of the installation, and also of the one affected by the emission and on the impact area, enclosing the clearly worded summary. The notaries of the concerned municipalities display a bulletin about:

 the site of the installation and a brief description

of the activity as defined in the permit;

 where and when the application or the

resolution draft can be viewed;

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 a call for making possible comments in writing

on the content of the application at the notary of the town government or environmental authorities;

Each permit has to be reviewed by the competent Inspectorate every 5 years and where appropriate, conditions in the permit may be modified at that time. The Government Decree 193/2001 (X.19.) requires a review in the following cases: In general: The review of the conditions specified in the permit at least every 5 years. In case of other conditions: If due to the quantity or quality changes of the emissions new emission limit values should be determined; or if the environment user wishes to implement a significant change in his activity; If due to the significant change in the best available technique new emission limit values should be determined; If the operation safety of the activity requires the application of a new technique; If the installation causes such a significant load to the environment, which makes it necessary to revise the limit values specified in the previous permit.

 the deadline of the comments.

The notary of the municipality sends the comments to the environmental authority. The environmental authority sends the comments to the user, who may react on them towards the environmental authority. The environmental authority studies comments in depth with the involvement of expert authorities prior to decision-making. The assessment of the comments is included in the reasoning of the decision made by the environmental authority. The notaries of the municipalities that took part in the procedure shall display for the public the resolution on the integrated permit for the use of the environment in their office, the notaries of municipalities having taken part in the procedure shall supply information on the way of accessing the files of the integrated permitting procedure. These measures are valid for the new installations; in case of existing installations only for those having substantial changes.

Are there any special reporting obligations?

The IPPC Directive requires the EU member states to report the emissions of the sites toward the Commission, and to prepare a summary report. The data supplied will be accessible for everyone via the Internet every third year in the frame of an open system (EPER, European Pollutant Emission Register), collecting the environmental information on the emissions to air and water exceeding thresholds specified, for the politicians, researchers and the public.

When is an integrated permit reviewed?

The current continuous technological development modifies the available technological and technical possibilities by taking into consideration the environmental and economic aspects. Since the IPPC Directive provides significant flexibility for Best Available Techniques, BAT can change as the technology develops, which should be reflected in the permits as well.

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The primary objective of EPER is to assess the pollutant emissions from industrial facilities, collecting comparative data and to ensure public access to the data. The first reporting of the EU member states took place in 2003, on the emissions in 2001. The EU Commission and the European Environment Agency intends to create a user-friendly homepage in February 2004, where the results of the first reporting would be presented. Hungary, when becoming a Member State, has to fulfil its data supply requirements, as well. Preparing the reports and collecting the data are impossible without the effective co-operation with the operators. Therefore in Hungary the information about the operators, technologies, emission data of the installations under the IPPC Directive are collected by the Environmental Inspectorates directly from the operators, in accordance with the national data supply requirements specified in the national environmental legislation. The Ministry for Environment and Water sends the report to the Commission. Currently the register concenctrates only on the emission to air and water and does not include the releases to soil, and pollutions transferred as waste. However, new aspects are added with United Nations Economic Commission for Europe Aarhus Convention, where all signatory parties agree to provide public access for the emission data and to apply the Pollutant Release and Transfer Register (PRTR), as an instrument for measuring environmental improvement. The above described EPER system can be considered as the first step in establishing the PRTR.

Further information can be obtained from:

Ministry for Environment and Water Department for Integrated Pollution Prevention and Environment Control 1011 Budapest, F u. 4450. 00-36/1/457-3300 Institute for Environment Management, Directorate for Environment Protection IPPC Department 1113 Budapest, Aga u. 4. Telephone: 1/209-1000, Fax: 1/209-1001 E-mail: ippc@kgi.ktm.hu Als-Duna-vlgyi Environmental Inspectorate 6500 Baja, Bajcsy Zs. u. 10. 6501 Baja, Pf. 113 Telephone: 79/421-010 Fax: 79/421-153 E-mail: adukvf@ktm.x400gw.itb.hu Als-Tisza-vidki Environmental Inspectorate 6721 Szeged, Fels-Tisza-part 17. 6712 Szeged, Pf. 1048 Telephone: 62/553-033 Fax: 62/553-037 E-mail: atikvf@ktm.x400gw.itb.hu Dl-dunntli Environmental Inspectorate 7621 Pcs, Papnvelde u. 13. 7601 Pcs, Pf. 412 Telephone: 72/520-100 Fax: 72/520-103 E-mail: dedukvf@ktm.x400gw.itb.hu szak-dunntli Environmental Inspectorate 9021 Gyr, rpd u. 2832. 9002 Gyr, Pf. 471 Telephone: 96/524-003 Fax: 96/328-031 E-mail: edukvfi@ktm.x400gw.itb.hu szak-magyarorszgi Environmental Inspectorate 3530 Miskolc, Mindszent tr 4. 3501 Miskolc, Pf. 246 Telephone: 46/517-302 Fax: 46/517-399 E-mail: emakvf@ktm.x400gw.itb.hu

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Fels-Tisza-vidki Environmental Inspectorate 4400 Nyregyhza, Klcsey u. 1214. 4401 Nyregyhza, Pf. 246 Telephone: 42/598-930 Fax: 42/598-941 E-mail: fetikvf@ktm.x400gw.itb.hu Krs-vidki Environmental Inspectorate 5700 Gyula, Megyehza u. 57. 5701 Gyula, Pf. 99 Telephone: 66/362-944 Fax: 66/361-755 E-mail: kovikvf@ktm.x400gw.itb.hu Kzp-dunntli Environmental Inspectorate 8000 Szkesfehrvr, Hosszstatr 1. 8001 Szkesfehrvr, Pf. 137 Telephone: 22/514-300 Fax: 22/313-564 E-mail: kodukvf@ktm.x400gw.itb.hu Kzp-Tisza-vidki Environmental Inspectorate 5000 Szolnok, Sgvri krt. 32. 5001 Szolnok, Pf. 25 Telephone: 56/420-885 Fax: 56/343-768 E-mail: kotikvf@ktm.x400gw.itb.hu Kzp-Duna-vlgyi Environmental Inspectorate 1072 Budapest, Nagydifa u. 1012 1447 Budapest, Pf. 541 Telephone: 478-4430 Fax: 478-45-20 E-mail: kodvkvf@ktm.x400gw.itb.hu Nyugat-dunntli Environmental Inspectorate 9700 Szombathely, Vrsmarty u. 3. 9701 Szombathely, Pf. 183 Telephone: 94/328-188 Fax: 94/313-283 E-mail: nyudukvf@ktm.x400gw.itb.hu Tiszntli Environmental Inspectorate 4024 Debrecen, Piac u. 9/b. 4001 Debrecen, Pf. 27 Telephone: 52/527-600 Fax: 52/527-650 E-mail: tikvfi@ktm.x400gw.itb.hu

Useful websites
Ministry for Environment and Water www.kvvm.hu European Commission Legislation europa.eu.int/eur-lex IPPC homepage of the European Commission Environment DG www.europa.eu.int/comm/environment/ippc/ippc_links.htm European Commission DG Enterprise IPPC homepage www.europa.eu.int/comm/enterprise/environment/index_home/ippc/ippc_112.htm EPER homepage of the European Commission www.europa.eu.int/comm/environment/ippc/eper.htm European IPPC Bureau www.eippcb.jrc.es European Environment Agency www.eea.eu.int European Network for the Implementation and Enforcement of Environmental Law (IMPEL) europa.eu.int/comm/environment/impel UN Environment Programme www.unep.org

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Written by: Department of Integrated Pollution Prevention and Environment Control of the Ministry for Environment and Water IPPC Department of the Institute for Environment Managements Directorate for Environment Protection IPPC PHARE Twinning Project

Responsible editor: Ministry for Environment and Water 4450 F u. 1011 Budapest

Design: partner-grafika Ltd.

Print: Grafikapress Ltd.

December 2003

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