Meeting with An Bord Pleanála Review Group

By Laura Burke

Dara Lynott

Frank Clinton

9th 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

A clean productive and well protected

environment supporting a sustainable

society and economy

VISION

‘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.’

Mission

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)

Regional Inspectorates

• Dublin

• Cork

• Castlebar

• Monaghan

• Kilkenny

Regional Offices

• Athlone

• Limerick

Headquarters in Wexford

366 Staff in 8 Locations in 2015

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:-

• Chemists • Geologists • Ecologists • Microbiologists • Hydrogeologists • Hydrologists • Marine Biologists • Zoologists • Accountants • Economists • Physicists

• Sociologists • Biochemists • Botanists • Environmental Scientists • Agricultural Scientists • Information Systems Scientists • Computer Scientists • Engineers (Chemical, Civil & Process) • Lawyers • Administrators • Managers

Budget

Exchequer funding Core Government Funding Water Framework Funding

Environment Fund Enforcement NWPP Research

Earned Income

Licence fees Enforcement charges Auction of ET allowances

Budget 2015 €62 million

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

IED & IPC 1,100

Waste (licences) 320

UWW (licence) 500

UWW (Certifications) 700

GMO 600

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:

“The 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

Licensing

Delegation of decision making, where appropriate:

Board of the Agency reserves to itself the role of decisions where the

proposal is High Profile, Contentious, Complex, Precedent creating,

Greenfield sites, larger investments

A Director of the Board may make decisions where the general

approach is agreed by the Board, the decision is of a routine nature,

the environmental issues are well understood

Simple decisions and decisions of a bureaucratic nature may be

delegated to an Authorised Person.

The Licensing Inspector who carried out the assessment of

an application presents the work to the Board of the Agency

or to the decision-making Director