Freedom of Information Acts, 1997 and 2003: Section 16 Reference Book
JULY 2007
- 1. Introduction
- 2. Details on Schemes Operated By the EPA
- 2.1. Office of Communications and Corporate Services
- 2.2. Office of Climate, Licensing and Resource Use
- 2.3. Office of Environmental Enforcement (OEE)
- 2.4. Office of Environmental Assessment
- Appendix 1: General Administration
1. INTRODUCTION
This Reference Book has been prepared and published in accordance with the requirements of Section 16 of the FOI Act 1997 Its purpose is to facilitate the public in understanding how the EPA makes decisions under enactments and schemes it operates. It does this by outlining how these schemes operate and by detailing the relevant legislation, regulations and instructions to staff on the operation of schemes.
The functions of the EPA, the services it provides, and classes of records held by the EPA are outlined in the EPA’s FOI Section 15 Reference Book which accompanies this Reference Book.
2. DETAILS ON SCHEMES OPERATED BY THE EPA
This Chapter sets out, for each Office as described in the EPA Section 15 Reference Book, the following information, where applicable, on each scheme or enactment carried out by each Office:
- A description of the scheme and its intended manner of operation,
- Reference to the relevant primary legislation (i.e. Act of the Oireachtas),
- Reference to the relevant regulations (i.e. Statutory Instruments brought into force by the Minister under such Acts or under EU Directives),
- Circulars to staff and instruction manuals which the EPA has prepared for the purpose of administering the schemes/enactments,
- Sources of other information on the schemes/ enactments.
Other information available
Chapter 5 of the Section 15 Reference Book sets out how to access routinely available information held by the EPA outside FOI. Chapter 6 of the Section 15 Reference Book sets out how to access information under the FOI Acts.
In addition to the above information, the EPA also makes a wide range of information on schemes and enactments available through publications and information leaflets. Details of these publications can be found in the EPA’s FOI Section 15 Reference Book.
General information and publications may also be sought by accessing the EPA Web Site at http://www.epa.ie
Copies of legislation mentioned throughout this Reference Book may be obtained from: The Government Publications Sales Office, Molesworth Street, Dublin 2. (Telephone 01 - 6613111) and the Office of the Attorney General’s website at http://www.gov.ie/ag/.
2.1. OFFICE OF COMMUNICATIONS AND CORPORATE SERVICES
2.1.1 Recruitment
Description:
The EPA may appoint persons as employees subject to the consent of the Minister for the Environment, Heritage and Local Government and the Minister for Finance.
The EPA has adopted an open competitive recruitment policy for the filling of posts generally. The aim is to attract and retain sufficient staff with the qualifications and experience necessary to provide an effective and efficient level of service. The EPA’s staff are its most vital resource, and securing, developing and retaining staff is a crucial factor in ensuring the successful discharge of EPA functions. The EPA is fully committed to equality of opportunity.
2.1.2 Declaration of Interests
Description:
Directors, employees, members of the Advisory Committee or persons whose services are availed of by the EPA have a duty to give to the EPA a declaration of relevant material interests in a prescribed form. The form must contain particulars of every current interest, or if any other relevant interest is acquired, the person must give a new declaration to the EPA. Failure to make a declaration, or giving particulars which are false or knowingly misleading in a material respect, is an offence which is punishable under the Act.
Legislation/ Rules/Procedures/Practices/Guidelines:
- Section 37 of the EPA Act, 1992. (No. 7 of 1992).
- Environmental Protection Agency (Declaration of Interests) Regulations, 1994 (S.I. No. 205 of 1994).
2.1.3 Superannuation Schemes
Description:
The Director General and Directors’ Superannuation Scheme, and associated Spouses’ and Children’s Contributory Pension Scheme have been approved by the Minister for the Environment, Heritage and Local Government with the consent of the Minister for Finance. The Staff Superannuation Scheme, and associated Spouses’ and Children’s Contributory Pension Scheme have been approved by the Minister for the Environment, Heritage and Local Government with the consent of the Minister for Finance.
Legislation/Rules/Procedures/Practices/Guidelines:
- Section 33 and 34 of the EPA Act, 1992.
- Environmental Protection Agency Staff Superannuation Scheme, 2001.
- Environmental Protection Agency Staff Spouses And Children's Contributory Pension Scheme, 2001.
- Environmental Protection Agency (Director-General and Director's) Superannuation Scheme 1996, as amended.
- Environmental Protection Agency Director General and Directors) Spouses' and Children's Contributory Pension Scheme, 1996, as amended.
2.1.4. Consultants and Advisers
Description:
The EPA may engage consultants or advisers as it considers necessary for the discharge of its functions. Any person may notify the EPA in writing of a willingness to be engaged by the EPA as a consultant or adviser and give details of qualifications and experience. The EPA maintains a list of these persons and may have regard to the list maintained when engaging consultants or advisers. The EPA is not precluded however from engaging a consultant or adviser whose name is not on the list. The EPA is required to include in its annual report a statement of the names of the persons engaged as consultants during the year to which the report relates.
2.1.5 General Administration
Description:
This scheme involves general administration in relation to human resources, organisation, accommodation, health and safety, the management and control of financial resources, effective public relations/information/library/communications services and information technology development.
Information relating to all staff administration, policies and procedures is circulated to EPA staff on a regular basis - see Appendix 1.
2.1.6 Annual Report and Accounts
Description:
The EPA is required to keep proper accounts of all moneys received or expended by it, and is required to submit these accounts annually to the Comptroller and Auditor General for audit. The audited accounts and the Comptroller and Auditor General’s report are presented to the Minister for the Environment, Heritage and Local Government and the Minister lays them before the Houses of the Oireachtas. As soon as may be after the end of each financial year, the EPA is also required to present a report on the performance of its functions during that year to each house of the Oireachtas.
The EPA publishes its Annual Report and Accounts which are available free of charge on the website www.epa.ie or from the Publications Office, EPA Regional Inspectorate, McCumiskey House, Richview, Clonskeagh Road, Dublin 14, Telephone 01 2680100.
2.1.7 Board and Advisory Committee Meetings
2.1.8 Declarations under The Ethics in Public Office Act, 1995
Description:
The Ethics in Public Office Act, 1995 requires the annual disclosure of registrable interests, in addition to disclosure, whenever necessary, by directors and certain employees of specified public bodies. This Act and associated Regulations stand alone from the requirements in other legislation to declare interests. Therefore these statements must be made by the designated directors and staff in addition to the requirements under the EPA Act, 1992 and the EPA (Declaration of Interests) Regulations, 1994, SI No. 205 of 1994.
2.2. OFFICE OF CLIMATE, LICENSING AND RESOURCE USE
Environmental Licensing
2.2.1 IPC/IPPC Licensing
Description:
In 1994 the Environmental Protection Agency began licensing certain activities in the large scale industrial and agriculture sectors. The licensing regime, known as Integrated Pollution Prevention Control (IPC) licensing was governed by the Environmental Protection Agency Act, 1992. The Act was subsequently amended in 2003 by the Protection of the Environment Act, 2003 which gave effect to the Integrated Pollution Prevention Control (IPPC) Directive. An IPPC licence is a single integrated licence which deals with emissions to all environmental media and the environmental management of the facility. IPPC licences aim to prevent or reduce emissions to air, water and land, reduce waste and use energy/resources efficiently. All related operations carried on by the licensee in connection with the activity are controlled by this licence.
Before a licence may be granted the EPA must be satisfied that emissions from the activity do not cause significant adverse environmental impacts.
Detailed procedures concerning the IPPC licensing process are set out in the EPA Acts 1992 and 2003 and the associated Licensing Regulations.
2.2.2 Waste Licensing
Description:
In 1996 the Environmental Protection Agency began licensing certain activities in the waste sector, including landfills, transfer stations, hazardous waste disposal and other significant waste disposal and recovery activities in Ireland.
A waste licence is a single integrated licence, which deals with emissions to all environmental media, in addition to the environmental management of the facility. All related waste operations carried on by the applicant in connection with the activity are taken into consideration in determining an application for a waste licence. The EPA must be satisfied that the activity will not cause environmental pollution when it is carried on in accordance with the conditions of a waste licence.
The detailed procedures in respect of the processing of a waste licence application are set out in the Waste Management Act, 1996 which was amended by the Protection of the Environment Act, 2003 and associated Regulations.
A parallel simpler permit system was introduced by the Waste Management (Permit) Regulations, 1998. The permitting system, operated by local authorities, applies to smaller waste disposal sites (except landfills) and to recovery activities. However, a local authority that operates waste recovery facility is not allowed to issue a permit to itself and such facilities require either a waste licence or must be registered with the EPA. This requires a Certificate of Registration from the EPA.
The PoE Act, 2003, amended the Waste Management Act, 1996. Among the changes to the waste licensing system is empowerment of the EPA to determine that where a waste activity is carried on in a facility connected or associated with an IPPC activity, a licence under one of these regulatory codes, but not both, will be required.
2.2.3 Licensing Process
A summary of the IPPC and waste licensing process is as follows:
- The applicant is required to notify in writing the local planning authority of their proposed application. In addition, the applicant is required to publish a notice in a newspaper and to erect a notice on the site of the activity alerting the public of the intention to apply for a licence for a specified activity.
- The applicant submits the application to the EPA together with the required information and appropriate fee before the relevant specified date.
- Once the EPA receives the application, any person can make a written submission to the EPA regarding the application.
- Following an assessment of the application and any submissions received, a newspaper notice is published (IPC only at this time), indicating the EPA’s proposed decision as to whether a licence is to be granted or refused.
- At this point in the process any person may examine the proposed decision and make an objection to the EPA within a specified timescale.
- If no objection is received then the EPA must issue its final decision as proposed.
- Where an objection is lodged the EPA has the discretion to hold an oral hearing. When the EPA has considered all the objections, a final decision is made to grant or refuse a licence.
- The final licence issued contains conditions for the operation of the activity. These conditions are wide reaching and failure to comply with them constitutes a breach of the licence. The EPA’s Office of Environmental Enforcement is responsible for enforcing licences and taking action in cases of non-compliance.
2.2.4 Legislation/ Rules/Procedures/Practices/Guidelines
Up-to-date legislation containing the statutory provisions that govern IPPC and Waste licensing can be found on the EPA website at www.epa.ie.
2.2.5 Permitting of Oil Terminals (VOC Permitting)
Description:
The EPA is responsible for issuing permits for any activity that involves the storage and distribution of petrol at terminals exceeding defined throughputs. The purpose of such a permit is to control petrol vapour emissions. The Regulations require renewals of permits at least every three years.
2.2.6 Genetically Modified Organisms (GMO’s)
Description:
The EPA is the Competent Authority in Ireland for the implementation of GMO Regulations on the contained use and the deliberate release of GMOs into the environment. Contained use of GMOs covers any premises where organisms are genetically modified or where GMOs are cultured, stored, used, transported, destroyed or disposed of. This could be Genetically Modified Micro-organisms (GMMs) such as GM bacteria or Genetically Modified Organisms (GMOs) such as GM plants or GM animals.
The EPA is the competent authority for the evaluation of Summary Notification Information Formats (SNIFs) and Dossiers (relating to placing on the market of products containing or consisting of GMOs) received from the EU competent authorities via the EU Commission. SNIFs generally relate to field trials in connection with the release of GMOs to the environment in all EU Member States.
The EPA is also the Competent Authority for the GMO (Transboundary Movement) Regulations 2004, S.I. No. 54 of 2004 which came into force on March 12th 2004. The Regulations detail the obligations placed on exporters to ensure that all relevant requirements in relation to the transboundary movement of a GMO intended for deliberate release are fulfilled; they give power to the EPA as competent authority to give such directions to an exporter as it sees fit.
Legislation/Rules/Procedures/Practices/Guidelines:
- Genetically Modified Organisms (Deliberate Release) Regulations, 2003 (S.I. No 500 of 2003).
- Genetically Modified Organisms (Contained Use) Regulations, 2001 (S.I. No 73 of 2001).
- Genetically Modified Organisms (Transboundary Movement) Regulations 2004 (S.I. No. 54 of 2004).
Resource Use
2.2.7 National Hazardous Waste Management Plan
Description:
The Waste Management Act, 1996, gave the EPA responsibility for producing a National Hazardous Waste Management Plan. The Waste Management Act specifically provided for a public consultation phase prior to the plan being adopted. Accordingly, there were two formal periods for public consultation during which time the EPA actively sought the opinion of citizens, business interests, community groups and environmental groups.
The National Hazardous Waste Management Plan was published in 2001. In 2003, the Minister for the Environment, Heritage and Local Government established an Implementation Committee to oversee and report on implementation of the Plan. This committee has been amalgamated with a new National Waste Prevention Committee chaired by the EPA.
The National Hazardous Waste Management Plan is being reviewed in 2007. A first consultation period was opened in 2006. A Proposed Plan will be published for consultation in the autumn of 2007.
2.2.8 National Waste Report
Description:
Accurate statistics on waste arisings in Ireland are essential if waste is to be properly managed and the environment protected. In 1994, the EPA undertook the establishment of a National Waste Database and reports were published in relation to the calendar years 1995, 1998, 2001, 2002, 2003, 2004 and 2005.
With the adoption of the Waste Management Act in 1996 and subsequent waste regulations, the need for more comprehensive waste information collection and reporting requirements continues to grow, both at national and European level. The National Waste Report is being reviewed and revised to ensure that these reporting requirements are being met and that the Database is capable of delivering the type of information needed for planning at national level.
2.2.9 National Waste Prevention Programme
Description:
Government policy recognises the need to reverse the trend of increasing waste generation and to decouple waste generation from economic growth. To achieve this broad goal a Core Prevention Team within the EPA has been established to implement the National Waste Prevention Programme (NWPP). The NWPP will build on existing programmes, initiatives, knowledge and experience (for example, the Cleaner Greener Production Programme, IPPC licensing, Race Against Waste awareness campaign). Grants and technical assistance are being provided to local authorities to carry out waste prevention at local/Small and Medium Enterprises/community level. A Green Business Initiative is currently being developed. A Packaging Waste Prevention Programme was developed by supporting Repak and was launched in 2007. A series of baseline studies will be undertaken on targeted economic sectors with a focus on waste generation and resource productivity; Guidance and tools for carrying out waste and materials audits will be developed; and a monitoring and measurement programme will be developed to measure progress towards waste prevention, reduction, recycling etc. on a case study and sectoral basis.
2.2.10 Persistent Organic Pollutants (POPs)
Description:
Persistent Organic Pollutants or POPs are chemical substances which can be transported across international boundaries far from their sources. They can persist in the environment, bio accumulate through the food web and pose a risk to human health and the environment. The EPA is the competent authority for the implementation of EC Regulation 850/2004 on Persistent Organic Pollutants. The POPs covered under this Regulation can be sub-divided into three main categories:-
- Pesticides e.g. Dichloro-diphenyl-trichloroethane (DDT)
- Industrial Chemicals e.g. Polychlorinated biphenyls (PCBs)
- Unintentional by products e.g. Dioxins, furans
This POPs Regulation covers obligations under the Stockholm Convention on POPs and also the Convention on Long Range Transboundary Air Pollution.
The EPA is currently working to address the requirements of the POPs Regulation in particular the preparation of a national implementation plan and action plan. The national implementation plan will be developed to demonstrate how the obligations of the Stockholm Convention will be implemented in Ireland. The action plan will aim to identify, characterise and minimise with a view to eliminating the total release of certain POPs. The EPA is actively involved with other bodies and organisations who undertake POPs related work to ensure that POPs issues are dealt with on a national basis.
The EPA is also currently updating the National PCB inventory and PCB Management Plan.
2.2.11 WEEE Regulations
Description:
The Waste Management (Waste Electrical and Electronic Equipment) Regulations, 2005 (WEEE Regulations) came into force on 13 August 2005. The Regulations are designed to promote the recovery of WEEE, and facilitate the achievement of targets for the collection, treatment, recovery and disposal of WEEE in an environmentally sound manner.
The EPA is responsible for enforcing the WEEE Regulations in co-operation with local authorities and other regulatory bodies with related responsibilities. A programme of inspections, complaint investigation, and surveillance is ongoing to identify and address non-compliances. The EPA is working with local authorities through the Environmental Enforcement Network, and a WEEE Working Group, to optimise enforcement effort, foster consistency of enforcement and exchange information. The EPA has also prepared guidance documents and is undertaking an ongoing promotion and publicity campaign to raise producer, retailer and consumer awareness of obligations under the WEEE Regulations.
Legislation/Rules/Procedures/Practices/Guidelines:
- Section 53 of the Waste Management Acts, 1996 to 2005.
- Waste Management (Waste Electrical and Electronic Equipment) Regulations, 2005 (S.I. No. 340 of 2005).
2.2.12 Restriction on the use of Hazardous Substances (RoHS) Enforcement.
Description:
The Directive on the Restriction on the use of certain Hazardous Substances in Electrical and Electronic Equipment, Directive 2002/95/EC, restricts the concentration of six toxic substances – cadmium, chromium VI, lead, mercury and flame retardants polybrominated biphenyls and polybrominated diphenyl ethers – in the components and materials of many household electrical and electronic items. Under the Irish Regulations, S.I. 341 of 2005, the Environmental Protection Agency is responsible for the enforcement of the Directive’s requirements in Ireland.
Phase 1 Inspections of the monitoring programme was initiated March 2007. This involved examination of relevant technical documentation provided by the producer and, in some cases, product testing. The Environmental Protection Agency participates actively in the informal RoHS Enforcement Network, a body of RoHS enforcement agencies established to facilitate the consistent enforcement of the Directive throughout the European Economic Area. The Environmental Protection Agency was involved in the development of the Enforcement Guidance Document (May 2006) and the Manual of Decision (scoping document) version 1, completed March 2007.
2.2.13 Greenhouse Gas Emissions Trading
Description:
In July 2003 the Environmental Protection Agency was assigned responsibility for implementing the EU Emissions Trading Directive (Directive 2003/87/EC) in Ireland. The Directive establishes an allowance-trading scheme for emissions to promote reductions of greenhouse gases, in particular carbon dioxide. The EPA remit involves the design and implementation of a National Allocation Plan (pilot phase 2005-2007) which will indicate what proportion of national emissions will be assigned to emissions trading; and how the portion assigned to emissions trading will be distributed among those covered by the scheme.
The EPA was also designated the Competent Authority for issuing permits for participation in emissions trading and for monitoring, overseeing and verifying emissions from participating companies. Additionally, the EPA is responsible for overseeing the establishment of the National Emissions Trading Registry.
The EPA maintains an on-line Register of current Participants in the Greenhouse Gas Emissions Trading Scheme in Ireland (current permit holders) which is available at www.epa.ie
Legislation/Rules/Procedures/Practices/Guidelines:
- EU Emissions Trading Directive (2003/87/EC)
- Commission Decision of 29 January 2004 establishing guidelines for the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (2004/156/EC) and the revised guidelines due to be published in August 2007, see http://ec.europa.eu/environment/climat/emission/mrg_en.htm
- Decision No 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol
- Commission Regulation (EC) No 2216/2004 of 21 December 2004, for a standardised and secured system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/
- Directive 2004/101/EC of the European Parliament and of the Council, of 27 October 2004 amending Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community, in respect of the Kyoto Protocol’s project mechanisms
- European Communities (Greenhouse Gas Emissions Trading) Regulations 2004 (S.I. 437 of 2004) (PDF format)
- European Communities (Greenhouse Gas Emissions Trading) (Amendment) Regulations 2005 (S.I. No. 706 of 2005)
- Kyoto Protocol Flexible Mechanisms Regulations 2006 (S.I. No. 244 of 2006)
2.2.14 Air Emission Data Compilation and Reporting
Description:
The EPA compiles annual emission inventories of all major air pollutants (including sulphur dioxide, nitrogen dioxide, carbon monoxide, ammonia, volatile organic compounds) and greenhouse gases (carbon dioxide, nitrous oxide and methane). These emission inventories are compiled to meet national obligations under EU legislation and international conventions on climate change and long range transboundary air pollution. The data are also used as a basis for emissions projections, for developing national control strategies and for use in the interpretation of air quality and acid deposition measurements.
The annual GHG inventories are submitted on 15 April annually to the secretariat of the UN Framework Convention on Climate Change. The annual inventories for transboundary gases are submitted on 15 February annually to the secretariat of the Convention on Long Range Transboundary Air Pollution.
Legislation/Rules/Procedures/Practices/Guidelines:
- UN Framework Convention on Climate Change and the Kyoto Protocol.
- UN Convention on Long Range Transboundary Air Pollution and its Protocols.
- European Parliament and Council of the European Union (2004) Decision 280/2004/EC concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol. O.J. L49, 19 February 2004.
- Council of the European Communities (2001a) Council Directive 2001/80/EC of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants. O.J. L 309, 27 November.
- European Parliament and Council of the European Union (2001b) Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emissions ceilings for certain atmospheric pollutants. O.J. L 309, 27 November
.
2.3. OFFICE OF ENVIRONMENTAL ENFORCEMENT (OEE)
Licence Enforcement
2.3.1 Enforcement of EPA Licences issued to waste, industrial and other activities.
Description:
The establishment of the Office of Environmental Enforcement (OEE) in October 2003 gives a necessary extra focus to the enforcement of licences issued by the EPA for waste, industrial and other activities, by bringing together, for the first time in a single Office, all the major enforcement activities of the EPA.
Licensees are required to carry out ongoing monitoring of their own operations with the results being submitted to the EPA on a regular basis for assessment. The EPA also carries out its own independent monitoring of licensed activities to check the company’s compliance with the licence conditions.
In addition to monitoring, the EPA also carries out environmental audits of licensed facilities to determine compliance with the conditions of the licence. In cases where it is shown that the company is in breach of its licence conditions, appropriate enforcement action is taken by the EPA which may include prosecution through the courts.
All licences issued by the EPA include a condition which requires the licensee to make available to the public details of the environmental performance of the facility and to record all complaints of an environmental nature, give details of the nature of the complaint and the response made in the case of each complaint. Complaints about licensed facilities are also reported directly by the public to the EPA. In this regard the EPA seeks to encourage direct dialogue between licensed facilities and the local community.
EPA Inspectors in their daily interaction with licensed facilities encourage individuals and businesses to integrate good environmental practices into normal working methods. Part of this work is to ensure that the appropriate management structures are in place. This is done through the development of environmental management systems at licensed facilities all of which helps to prevent environmental pollution before it has a chance to occur.
Legislation/ Rules/Procedures/Practices/Guidelines:
- EPA Acts, 1992 and 2003 and associated Regulations.
- Waste Management Acts, 1996-2005 and associated Regulations.
- Integrated Pollution and Control – Guide to Implementation and Enforcement in Ireland.
- A Guide to the Implementation and Enforcement of Waste Licensing in Ireland.
Public Authority Enforcement2.3.2 Drinking Water
Description:
The EPA Act, 1992, requires the EPA, in relation to each year, to prepare and submit to the Minister for the Environment, Heritage and Local Government a report on the monitoring of drinking water supplies and an assessment of the results. The report is laid by the Minister before each House of the Oireachtas and is published by the EPA.
The Environmental Protection Agency Act, 1992 empowers the EPA to publish criteria and procedures in relation to the management, maintenance, supervision, operation or use of drinking water treatment plants. Sanitary authorities are obliged to have regard to such criteria and procedures. To date, manuals on ‘filtration’, ‘disinfection’ and ‘coagulation, floculation and clarification’ have been published by the EPA. In addition, the EPA has published a document on the EPA website www.epa.ie entitled "European Communities (Drinking Water) Regulations, 2000 (SI 439 of 2000)-A Handbook on Implementation for Sanitary Authorities”.
The European Communities (Drinking Water) Regulations, 2007 (S.I. No 278 of 2007) designate the Agency as the supervisory authority for drinking water supplied by sanitary authorities.
2.3.3 Urban Wastewater
Description:
The EPA Act, 1992, requires the EPA to report (and make recommendations if necessary) on a biennial basis on the quality of wastewater being discharged from treatment plants and sewers which are controlled by sanitary authorities.
The EPA Act, 1992, provides for the preparation of guidance by the EPA to assist sanitary authorities in the management, maintenance, supervision and operation of wastewater treatment plants. This guidance is produced as a series of manuals. In addition, section 76 of the Act allows the EPA to publish codes of practice.
2.3.4 Phosphorus Regulations
Description:
The Local Government (Water Pollution) Act, 1977, (Water Quality Standards for Phosphorus) Regulations were enacted in July 1998 to deal with the problem of eutrophication and require incremental improvements in water quality to be achieved in Ireland’s rivers and lakes between by 2007.
Local authorities have primary responsibility for ensuring that the standards set by the Regulations are met. The Regulations place responsibilities on local authorities to report to the EPA on measures planned for implementation and report, at two-yearly intervals, to the EPA on progress made towards meeting the standards. The EPA is responsible for preparing and publishing national reports on the implementation of the Phosphorus Regulations at regular intervals.
2.3.5 Water Quality (Dangerous Substances) Regulations, 2001
Description:
The Dangerous Substances Regulations, 2001, prescribe water quality standards in relation to certain substances in surface waters, (rivers, lakes and tidal waters). The substances include certain pesticides, metals and other compounds (cyanide and fluoride). The Regulations give further effect to the EU Dangerous Substances Directive (76/464/EC) and give effect to certain provisions of the EU Water Framework Directive (2000/60/EC).
Local authorities have primary responsibility for ensuring that the standards set by the Regulations are met. The Regulations place responsibilities on local authorities to report to the EPA on measures planned for implementation and report, at two-yearly intervals, to the EPA on progress made towards meeting the standards. The EPA is responsible for preparing and publishing national reports on the implementation of the Dangerous Substances Regulations at regular intervals.
2.3.6 Landfill Sites for Waste Disposal
Description:
Section 62 of the Environmental Protection Agency Act, 1992 provides for the specification, and publication of criteria for the selection, management, operation and termination of use of landfill sites for the disposal of domestic and other wastes.
These are being published as a series of manuals and to date five manuals on Investigations for Landfills, Landfill Monitoring, Landfill Operational Practices, Landfill Restoration and Aftercare, and Landfill Site Design have been published.
Local authorities are required to have regard to and take such steps as are practicable to ensure that the management or operation of such landfill sites complies with the specified criteria and procedures. The provisions of Section 62 of the EPA Act, 1992 shall, insofar as they apply or have effect in relation to a particular landfill facility, cease to have effect upon the grant of a waste licence.
Section 62(6) requires the EPA to publish reports on the management and operation of local authority landfill sites and to include in such reports such recommendations as it considers appropriate.
2.3.7 Evaluating the Performance of Environmental Protection Functions of Local Authorities
Description:
The EPA is required under Section 63 of the EPA Act, 1992 and the Protection of the Environment Act, 2003 to exercise general supervision over the environmental protection performance of local authorities. Other sections of the same Act make provision for the EPA to advise and assist local authorities on environmental matters. These powers include, the requesting of reports from a local authority; the assessment of performance of a local authority; the issue of advice & recommendations; the provision of assistance, support or guidance and the issue of proposed directions and directions to the local authority.
In addition to preparing national environmental monitoring programmes which impact on local authorities, the EPA also publishes, on a regular basis, national reports in areas such as drinking water quality, wastewater (sewage) discharges and the Phosphorus and Dangerous Substances Regulations. These reports are based on information supplied by local authorities and provide an overview of local authority performance in the areas concerned. In the future, the areas covered by national reports will be extended to reflect fully the wider environmental protection responsibilities of local authorities. These reports, in conjunction with national monitoring reports, assist in prioritising, at national level, infrastructural schemes requiring investment and identifying improvements resulting from funds already allocated.
2.3.8 Advisory Functions in Relation to Ministers of the Government and Local Authorities
Description:
The EPA provides a range of advisory services to local and public authorities. These services may relate to proposed legislation, changes to existing legislation and advice or recommendations on issues concerning the environment and/or environmental protection. It includes advice on standards, criteria to be used, monitoring of emissions and laboratory services.
The EPA may organise and promote or assist in organising and promoting conferences, seminars, lectures, training courses, and prepare publications for those involved in environmental protection.
Agreements may be made with local authorities for the delivery of services on such terms and conditions as are acceptable to both parties.
2.3.9 Complaints
2.3.10 Licensing Discharges by Sanitary Authorities to Groundwater
Description:
Sanitary authorities shall not cause or permit the direct discharge by or on behalf of a sanitary authority to an aquifer of an effluent which contains a harmful substance unless under and in accordance with a licence. The harmful substances correspond to those specified as List 1 and List 2 substances under the Groundwater Directive (80/68/EEC). The licensing requirement only applies to the direct discharge of harmful substances to groundwater. Direct discharge means the discharge of such effluent without percolation through the ground or subsoil. The EPA is responsible for the licensing of such discharges.
2.4. OFFICE OF ENVIRONMENTAL ASSESSMENT
2.4.1 National Monitoring Programmes
Description:
Under the provisions of the EPA Act, the EPA is obliged to prepare and publish programmes for monitoring the quality of the environment. National monitoring programmes have been prepared for river waters, lake waters, estuarine and coastal waters, groundwaters and air and may be inspected on the EPA web site. Each programme specifies:
- the nature and extent of the monitoring to which the programme relates and the reasons why the monitoring should be carried out;
- the bodies (including the EPA) by which the intended monitoring will be carried out;
- the resources required; and
- the arrangements by which the EPA will disseminate and publish the results of the monitoring.
2.4.2 Water Quality Monitoring Surveys
Description:
The EPA is required to carry out, cause to be carried out or arrange for the monitoring of the quality of various aquatic media as outlined in the National Monitoring Programmes (see 2.5.1 above). The surveys presently being undertaken include the following:
- River Water Quality Surveys
- Lake Water Quality Surveys
- Groundwater Quality Monitoring
- Transitional (Estuarine) and Coastal Water Quality Monitoring
2.4.3 Air Quality Monitoring
Description:
The EPA is the competent authority under the 1996 EU Framework Directive on ambient air quality assessment and management and is responsible for the development of an air quality monitoring programme. The monitoring of air quality is carried out by the EPA and the local authorities. Currently, the EPA maintains a national network of fixed sampling stations to measure ozone levels. In addition, the EPA operates three mobile facilities to make short-term measurements of the air quality parameters (apart from ozone) in smaller towns around the State where fixed monitoring stations are not planned. Most of the EPA’s monitors are linked by telemetry to the Dublin inspectorate to provide real-time transfer of data and the posting of these data on the EPA web site. Data from the monitors operated by Dublin and Cork City Councils are also received by the EPA and placed on the web site.
2.4.4 National Hydrometric Programme
Description:
One of the statutory obligations of the EPA is to prepare a national programme for the collection, analysis and publication of information on the levels, volumes and flows of water in rivers, lakes and groundwaters in the State. The network of some 1,850 gauging stations on rivers and lakes is operated mainly by the Office of Public Works, the Local Authorities and ESB and in addition 150 locations are used for Groundwater level monitoring. . The EPA undertakes processing of the data from the local authority gauges and provides advice and assistance in the co-ordination of the operation of this network.
The EPA maintains a register of gauging stations in Ireland and information collated through the hydrometric programme is made available through published reports and on request.
2.4.5 Reporting on the Quality of Bathing Water
Description:
Since 1996, the EPA has been assigned the responsibility of collating the annual bathing water quality results from local authorities and of compiling specific information to be sent to the EU annually required under Directive 76/160/EC. The information submitted is included in a European-wide report produced by the European Union.
Annual national reports have also been prepared by the EPA for the 1996-2006 bathing seasons, which include an overview of bathing water quality and explanatory information for the general reader. The latest national report is available for download from the EPA website at www.epa.ie
The EPA also participates on the National Blue Flag Jury which assesses Irish beaches that have been put forward by Local Authorities for the European Blue Flag Award.
2.4.6 Inter-Laboratory Calibration Programme
Description:
The EPA Act provides for the establishment by the EPA of an analytical quality control programme involving its own laboratories, laboratories provided and operated by the local authorities and such other laboratories as it deems appropriate from which data are submitted to the EPA. At present 123 laboratories participate in the programme.
The EPA maintains a register of the quality approved laboratories which is available for inspection by any person at EPA headquarters during office hours, and also on the EPA’s website, http://www.epa.ie. The register is based on an assessment of performance in the programme for the previous year and is updated annually.
2.4.7 EPA Laboratory Accreditation
Description:
The EPA operates five laboratories which are located in Cork, Castlebar, Dublin, Kilkenny and Monaghan.
The Castlebar, Monaghan and Cork laboratories currently have Irish National Accreditation Board (INAB) accreditation and the remaining two laboratories are presently progressing towards accreditation status.
As part of the requirements of the accreditation process, laboratory quality manuals have been prepared. The quality manual is the working manual of the laboratory. The manual also defines all of the procedures devised to ensure that the quality objectives are met and outlines the laboratory test methods and procedures.
Information regarding the Laboratory Quality Manual for the Castlebar, Monaghan and Cork Laboratories can be obtained from the Regional Managers.
2.4.8 National Focal Point for the European Environment Agency
Description:
The European Environment Agency (EEA) has a mandate to ensure the supply of objective, reliable and comprehensive information at European level, enabling its member states to take the requisite measures to protect their environment, to assess the result of such measures and to ensure that the public is properly informed about the state of the environment.
The work of the EPA in fulfilling its role as the EEA National Focal Point in Ireland includes liaison with the EEA and the national co-ordination of activities related to the EEA work programme. It involves inputs to various EEA projects such as European State of Environment Reports and the evaluation of EEA technical reports, work programmes, strategies and proposals.
2.4.9 State of Environment and Indicators Reporting
Description:
One of the functions of the EPA is to prepare and publish periodic reports on the State of the Environment in Ireland. The EPA published reports in 1996, 2000, 2004 and is currently preparing its fourth SOE Report for launch in 2008.
The EPA has also published periodic National Environmental Indicators Reports in 1999, 2002 and 2006. In developing these indicator reports, cognisance is taken of related work at EU level.
2.4.10 Environmental Noise Directive
Description:
The Environmental Protection Agency is the National Authority for implementing the Environmental Noise Directive (2002/49/EC) with general supervision over noise-mapping bodies and action planning authorities, and reporting duties.
The Environmental Noise Regulations 2006 define noise-mapping bodies for the purpose of carrying out the noise-mapping process as follows:
- For agglomerations, the local authorities concerned are responsible for the noise-mapping process e.g. Dublin City Council and Fingal, South Dublin and Dun Laoghaire/Rathdown County Councils for the Dublin agglomeration and Cork City and County Councils for the Cork agglomeration.
- Major roads are split into national and non-national roads. The National Roads Authority, on behalf of local authorities, are responsible for noise-mapping national roads and local authorities are responsible for noise-mapping non-national roads.
- For major railways, the Railway Procurement Agency or Iarnrod Eireann are responsible for noise-mapping.
- For major airports, the relevant airport authority is responsible for noise-mapping.
The noise mapping bodies must report the results of noise mapping to the EPA by end July 2007. The Agency will in turn report national statistics to the European Commission by End December 2007.
2.4.11 Environmental Research and Development
Description:
The EPA Act gives the EPA responsibility for the promotion and co-ordination of environmental research, the provision of assistance and advice in relation to research and the organisation of programmes to undertake research projects. The EPA is currently managing the Research Programme on behalf of the DOEHLG. This programme has been allocated a budget of €101m under the National Development Plan 2007-2013 and the Interdepartmental Committee – Strategy on Science, Technology and Innovation (IDC-SSTI).
The EPA has prepared a strategy for environmental research for the period 2007-2013, the main aims of which are to:
- contribute to a better environment by delivering applicable and relevant data and information based on high quality science and technology,
- generate data, information and knowledge for improved management of the environment,
- develop new techniques, methods and systems for measuring, recording and predicting the quality of the environment, and
- develop practical methods for the integration of environmental considerations into policies and programmes of the main economic sectors.
2.4.12 Environmental Quality Data Storage Systems
Description:
The EPA is required under the EPA Act to develop a range of Environmental Quality Databases. Databases for river water quality, bathing water quality, air quality, hydrometrics and inventories of emissions to the environment have been developed. A laboratory information management system has been installed in a number of the EPA laboratories.
The EPA has also implemented a Geographical Information System (GIS) to facilitate ìntegration and analysis of data. An integrated digital map library has been established and a range of products have been developed to support the work of the EPA. A web-based GIS system has also been developed to facilitate public access to key environmental data held by the EPA.
2.4.13 Air Quality Data Collation and Annual Reporting
Description:
Air quality monitoring in Ireland has been described under 2.5.3. Annual Reports are produced based on the collation and assessment of results from the national network.
All air quality data are assessed in relation to current standards and guidelines. The annual report provides a comprehensive overview of the concentrations of these pollutants in Ireland and the level of compliance with relevant national and EU standards. The report and other air quality data are made available on the EPA’s web site. Annual statistics, raw data and exceedances of relevant limits and thresholds for specified pollutants and monitoring stations are reported annually to the European Commission and the European Environment Agency in accordance with Exchange of Information arrangements.
Legislation/Rules/Procedures/Practices/Guidelines:
- The Air Pollution Act 1987 (Air Quality Standards) Regulations 1987 (S.I. No 266 of 1987).
- DELG (Department of Environment and Local Government) 1999, Ambient Air Quality Assessment and Management Regulations 1999 (S.I. No. 33 of 1999).
- DELG (Department of Environment and Local Government) 2002. Air Quality Standards Regulations 2002 (S.I. No. 271 of 2002).
- DEHLG (Department of Environment, Heritage and Local Government) 2004, Ozone in Ambient Air Regulations 2004 (S.I. No. 53 of 2004).
- Council Decision on Exchange of Information (97/101/EEC)
Appendix 1: General Administration
EPA policies and procedures on general administrative matters which have been circulated to staff are listed under and may be inspected by contacting the Office of Communications & Corporate Services, EPA Headquarters, Johnstown Castle Estate, Co. Wexford.
- Adoptive Leave
- Annual Leave
- Allocation of Permanent Posts Policy and Procedure
- Anti Sexual Harassment /Harassment /Bullying Policy and Procedure
- Bilingualism Policy
- Corporate Identity Standards
- Delegates and Chairpersons Allowance for attendance at meetings abroad
- Disciplinary Policy and Procedure
- EPA Corporate Use of the Internet
- Equal Opportunities Policy
- Grievance Policy and Procedure
- Job Sharing Policy and Procedure
- Maternity Leave Policy and Procedure
- Parental and Force Majeure Leave Policy and Procedure
- Pay Policy and Procedure
- Safety Statements and Codes of Practice
- Sick Leave Policy and Procedures
- Staff Training and Development Policy and Procedure
- Starting Pay on Promotion Policy and Procedure
- Student Placement & Work Experience Policy and Procedure
- Terms and Conditions of Employment
- Travel and Subsistence Policy and Procedure
- Smoking Policy
- Electronic Mail Usage Policy
- Carer’s Leave Policy and Procedure
- Career Break Policy and Procedure
- Staff Induction Policy
- Recruitment Policy and Procedures
- Code of Practice for Employment of People with Disabilities