Agenda - RPIC

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

1 SustRem - April 2016 - Montreal

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

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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


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!


!  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)


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


Significance Threshold

/ Common Forum - May 2014 - BERLIN 12

Site closure – Cases and Obligations

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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


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German Soil Legislation

Unacceptable

Trigger / Action Values

undesired

Precautionary values

Value Setting within the German Soil Legislation

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Hazard Limit

Limit of concern

Hazard Zone

Zone of concern

Safe zone


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


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


Fall short the limit of significance and exceedance of the hazard limit

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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.


Exceedance of limits for significance and hazard

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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.


Assessment of Mixtures

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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]


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 [email protected] 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.