This Project Is Funded by the European Union

Strengthening the administrative capacities of the Ministry of Environment and Natural Resources Protection of Georgia for approximation and implementation of the EU environmental 'acquis' in the fields of industrial pollution and industrial hazards

EU Twinning Project GE 14 ENI EN 02 16 (GE/24)

This Project is Funded by the European Union

Report on Mission 1.1.2. Part 2

Preparation of the Law on Control of Industrial Emissions accompanied with Table of Concordance and report on stakeholder consultations including workshop after the 1st draft

14th of November – 17th of November 2017

Content

II.Background and Project Purpose

III.Agenda of the Mission 1.1.2 part 2

Planned Agenda and its fulfilment

IV.Approach adopted

V.Outputs of the mission

VI.Main findings from drafting the Law on Control of Industrial Emissions (final version of the 1st draft)

VII.Main findings from Workshop held to the draft of the Law on Control of Industrial Emissions

ANNEXES:

Final version of the first draft of the Law on Industrial emissions

Presentations from the workshop

Participants’ evaluation of the workshop

I.Abbreviations used

AA
BAT / Association Agreement
Best Available Techniques
BC / Beneficiary Country
CZ
EIA
ELV / Czech Republic
Environmental Impact Assessment
Emission Limit Values
EU / European Union
GBR
LCIE / Generally Binding Rules
Law on Control of Industrial Emissions
IED / Industrial Emissions Directive (2010/75/EU)
IPPC / Integrated Pollution Prevention and Control
LCP / Large Combustion Plant
MENRP / Ministry of Environment and Natural Resources Protection of Georgia
MS / Member State
RTA
ToC / Resident Twinning Advisor
Table of Concordance

EU Twinning Project GE 14 ENI EN 02 16 (GE/24)

This Project is Funded by the European Union

II.Background and Project Purpose

Summary of information on the Twinning Project, the EU-Georgia Association Agreement (AA), the MENRP involvement inimplementation of AA and on the Current Situationregarding the environmental legislation in Georgia is provided in the Gap Analysis Report (Gap assessment and analysis of compliance of existing legislation in Georgia with Industrial Emissions Directive 2010/75/EU (IED), mission 1.1.1) and also in the output of the mission 1.1.3 Explanatory note on the Law on the Control of Industrial Emissions of Georgia (Tbilisi, October – November 2017)and Summary of mission1.1.2Part 1, to all which we refer.

III.Agenda of the Mission 1.1.2 part 2

MS Experts: ZdeněkSuchánek (CZ) and Monika Přibylová (CZ)

Objectives:

-To draft the Law on Control of Emissions from Industry accompanied by the Table of Concordance

-To report on stakeholder consultation.

-To present the draft Law to stakeholders in a workshop.

Expected outputs of mission:

-The first draft Law on Control of Industrial Emissions (including the permitting/ enforcement system) agreed with MENRP. The preliminary draft of the Law will be elaborated in part 1 of the mission 1.1.2.

- Table of Concordance to accompany the draft Law

-Report on stakeholder consultation. Questionnaires and other tools for stakeholder consultations will be developed. They will be used in mission 1.1.4.

-Workshop to present the first draft Law and the preliminary results of stakeholder consultations organised and held.

Planned Agenda and its fulfilment

Plan / Fulfilment
Tuesday 14th of November
1 / Discussion with the RTA of the detailed working plan, structure of the outputs to be prepared, information needed, information available / Thoroughly done
2 / Review of the outputs of mission 1.1.2 Part 1 / Done
3 / Start the elaboration the final draft of the Law on Control of Industrial Emissions / Done
Wednesday 15th of November
1 / Continue the elaboration of the draft of the Law on Control of Industrial Emissions / Done
2 / Finalisation of the elaboration of the first draft of the Law on Control of Industrial Emissions and start the preparation of the Table of Concordance which will accompany the Law / Continuing in drafting the first draft. First part of ToC (definitions and several following articles) was prepared before start of the mission.
Thursday 16th of November
1 / Finalise the elaboration of the Table of Concordance and discuss how to conduct stakeholder consultations; preparation of a structure for the report on stakeholder consultation / Because of the need to continue in drafting the Law, the elaboration of ToC was interrupted.
2 / Prepare the workshop to present the first draft law on Control of Industrial Emissions / Done
Friday 17th of November
1 / Workshop to present the first draft law on Control of Industrial Emissions at the Environmental Information and Education Centre (EIEC) of the MENRP. / Done
2 / Finishing of the preparation of the first draft Law on Control of Emissions from Industry taking into account the input from the workshop held / Done
3 / Preparation of mission’s report of the experts / Done

IV.Approach adopted

-Critical review of the previous draft Law

-Considering results / findings from Gap analysis (see mission 1.1.1)

-Taking in consideration all available (English translations) and updates of legislation in preparation

-Direct consultation with MENPR representatives

-Feedback from stakeholder consultations (workshop findings)

V.Outputs of the mission

Plan / Fulfilment / Result
1 / First draft of the Law on Control of Industrial Emissions (including the permitting/ enforcement system) agreed with MENRP. The preliminary draft of the Law will be elaborated in part 1 of the mission 1.1.2. / The preliminary draft prepared within the 1st part of the mission 1.1.1 was completely reviewed and updated. The main features including variants of possible permitting approaches were discussed during the workshop.
The coordination of the integrated permitting procedure was discussed with Ms. Mariam Beruashvillifrom the Environmental Impact Permits Department of MENRP.
2 / Table of Concordance to accompany the draft Law / Taking into account the recent stage of the development of the draft of the Law on Industrial Emissions Control, complete working draft of the Table of Concordance could not be finished;as it has to be completed in a more advanced stage of drafting the Law.
3 / Report on stakeholder consultation. Questionnaires and other tools for stakeholder consultations will be developed. It will be used in mission 1.1.4. / Strategy for Stakeholders consultation and consultations tools were presented in the workshop.
4 / Workshop to present the first draft Law and the preliminary results of stakeholder consultations organised and held / Workshop held at the Environmental Information and Education Centre (EIEC) of MENRP was attended by 7 participants - representatives of MENRP from various departments.
The workshop was successfully organised by Iñaki Bergaretxe, Resident Twinning Advisor (RTA), who chaired the whole workshop, TamunaMadurashvili, RTAAssistant andOtarZhgenti, RTA Language Assistant.
Copies of PPT presentations in English and translations into Georgian language (by twinning team) were delivered to participants.

VI.Main findings from drafting the Law on Control of Industrial Emissions (final version of the 1st draft)

The wording of definitions and the main text of the draft Law was clarified based on consultants’ experience, IED requirements and consultation with the representative from Environmental Impact Permits Department and other workshop participants.
The special provisions related to LCP, waste incineration and co-incineration plants, using organic solvents and installations producing titanium dioxide are proposed to be transposed by secondary legislation (envisaged in the draft law on Industrial Emissions).
Draft decree on approving technical regulations: Conditions of waste incineration and co-incineration is being prepared by MENRP as by-law to the Waste Management Code. It is recommended to check the compliance of this draft with relevant provisions of IED and to formulate the interlink between the draft law on Industrial Emissions and this draft decree in order to ensure that incinerators/co-incinerators with capacity over the IED Annex I thresholds (part 5.2) are obliged to obtain the IE permit in contrary to smaller incinerators which need only the special permit specified in part IV of the IED.
The public participation procedure is proposed to be interlinked with the public participation procedure specified in the Environmental assessment Code where relevant (for new installations and substantial changes). The public participation procedures will be connected at the stage of consulting the EIA documentation; i.e. there will be only one public consultation during IE permitting procedure. Nevertheless the application for IE permit and the decision on issuing the IE permit with justifications (or decision on refusal to issue the IE permit) will be made available for the public.

VII.Main findings from Workshop held to the draft of the Law on Control of Industrial Emissions

1)Are there any existing regulations for LCPs, incineration, using solvents; and what are the current requirements for these installations?

There are no generally valid ELVs for air protection. The technical requirements for regulations of air emission sources e.g. LPCs are based on dispersion modelling for each installation separately. The results of this modelling are used for setting ELVs, which are valid for maximum 5 years.

2)Powers and obligations of the Ministry (MENRP) – comments on the scope of powers?

There were no objection to the proposed scope of powers and obligations.

3)What is the practice of implementing/using the legislation by staff of the ministry - any internal guidance how to formulated approvals/permits? How to interpret the legislation?

There is no widely spread practice of developing and using interpretation guidance for the existing legislation. Nevertheless, the Environmental Impact Permits Department has its guidance on the EIA procedure. The participants suggested that the law envisage elaboration of a guidance on elaboration of the IE permit (for internal use of the MENRP and/or forconcerned authorities)

4)Scope of integration into IE Permit – which of the 12 topics are within competence of MENRP? In whose competence are the other topics?

From the 12 aspects presented in the presentation (slide 4), all of them except the following are within competence/responsibility of the MENRP. The vibration and noise in working environment is regulated by the Ministry of Health. Most likely outside noise is within the competence of MENRP. Energy efficiency is partly related to climate change, nevertheless it is within the competence of the Ministry of Energy. Prevention of accidents is partly within the competence of the special ministry responsible for solving extreme situations and partly Ministry of internal affairs.

5)Permitting procedure – variants:

a)draft permit conditions with justification in the application – participants had no objections.

b)compulsory consultations with concerned authorities – participants had no objections ; but it has to be clarified who they are (e.g. local auth., hygiene auth., env. inspectors,…) Inspectors suggested that it would be valuable that they have a possibility to comment on the draft permit, as they can clarify the specification of permit condition.

c)steps – in public participation and consultation – participants agree with firstly receiving comments and then organizing the public hearing/meeting

d)expert commission – the representative from Environmental Impact Permits Department stated that it is good to apply the same principle as in EIA; but they do not envisage the conclusions of the commission are binding for the Ministry when deciding to issue the permit. (M. Pribylova commented that the IE permitting procedure shall follow EIA model of expert commission, so the law will not prescribe the binding conclusion)

6)Coordination with other authorities and regulations

a) Link with construction permit – accepted by the participants

b) Proposal Coordination with EIA process in:

•public participation in consulting EIA documentation (after the end of scoping) - accepted by the participants

•expert commission – the same as in EIA or parallel? (need to contain expert on relevant sector/BAT) - accepted by the participants

•transboundary procedure - consultation with neighbouring country - accepted by the participants

7)Local/municipal authorities are consulted during land use permitting and they are informed about the EIA procedure; also the public hearing within EIA usually takes place at the premises of municipal authority. The municipal authority can comment on the proposed documents.

8)Experience with authorised consultants – there is no practice of authorised consultant except authorised laboratories.

List of presentations

Session No. / Presentation
Session 1 /

Main feature of Industrial Emission Directive (by M. Přibylová)
Gap analysis and approximation time frame (by Z. Suchánek)

Session 2 /

Presentation on the Workplan of the Twinning project regarding the legal approximation of IED. Stakeholder consultation strategy (by Iñaki Bergaretxe)
Draft Law on Control of Industrial Emissions – key parts (by M. Přibylová)