Scope of the Protocol on PRTR

Jan Maršák, Ph.D.

IPPC and PRTR UnitMinistry of the Environment

Czech Republic

Regional UN ECE Workshop Minsk, Belarus, November 3.- 4. 2011

Content

Scope of the Protocol on PRTR

Activities

Pollutants

Releases

Off-site transfers

Diffuse sources

Conclusion

Scope of the Protocol on PRTR Scope of the Protocol on PRTR is defined in Article 6 para 1. Each Party shall ensure that its register includes the information on:

(a) releases of pollutants required to be reported under article 7, paragraph 2;(b) off-site transfers required to be r eported under article 7, paragraph 2; and(c) releases of pollutants from diffuse sources required under article 7, paragraph 4.

The Protocol on PRTR covers: releases of pollutants (air, water, soil), off-site transfers (waste, wastewater), releases of pollutants from diffuse sources.

The Protocol on PRTR covers specific industrial and agricultural activities. The Protocol on PRTR covers more activities than directive on integrated pollution

prevention and control (IPPC Directive).

Scope of the Protocol on PRTR - ReviewArticle 6 (para 2) of the Protocol provides that its Parties shall review reporting

requirements on the basis of the experience gained in implementation and revise the lists of activities, pollutants and thresholds in its annexes.

Scope of the Protocol on PRTR - Activities The Protocol covers 65 activities grouped by sectors. Annex I of the Protocol on PRTR contains list of activities. 9 main categories. Activities – capacity thresholds/ no capacity thresholds (chemical industry). Other activities can be added at national level if the Party considers it

appropriate. Article 2 para 4 – definition „facility“ – „Facility” means one or more

installations on the same site, or on adjoining sites, that are owned or operated by the same natural or legal person.

Scope of the Protocol on PRTR - Activities 1. Energy sector - e.g. thermal power stations and other combustion

installations. 2. Production and processing of metals - e.g. ferrous metal foundries. 3. Mineral industry – e.g. opencast mining, production of lime in rotary kilns.4. Chemical industry - e.g. production of anorganic or organic chemicals. 5. Waste and waste-water management - e.g. landfills. 6. Paper/wood production and processing – e.g. industrial plants for the

production of pulp from timber or similar fibrous materials.7. Intensive livestock production and aquaculture – e.g. installations for the

intensive rearing of poultry or pigs. 8. Animal and vegetable products from the food and beverage sector – e.g.

treatment and processing of milk, 9. Other activities – e.g. plants for the tanning of hides and skins.

Scope of the Protocol on PRTR – Thresholds for Facilities

Protocol on PRTR provides two systems for establishing reporting thresholds for facilities.

Each system uses a different reporting threshold for determining which facilities must report.

First system uses reporting thresholds that are based on the capacity of the facility (annex I, column 1, to the PRTR Protocol) and releases (annex II, column 1).

Second system uses reporting thresholds based on number of employees (annex I, column 2 – 10 employees) and manufacture, process or use (MPU) thresholds (annex II, column 3), the latter being pollutants measured in kilograms per year.

Scope of the Protocol on PRTR – Thresholds for Facilities

Scope of the Protocol on PRTR – PollutantsArticle 2, para (6) – definition of „pollutant“ – „Pollutant” means a substance

or a group of substances that may be harmful to the environment or to human health on account of its properties and of its introduction into the environment.

Annex II to the PRTR Protocol lists 86 polluting substances and categories of pollutants including greenhouse gases, ozone-depleting substances, heavy metals, pesticides, acidification precursors and persistent organic pollutants.Individual pollutants (methane, sulphur dioxide).Pollutant categories (PCB, PAH, TOC, AOX) - these groups cover potentially

thousands of single substances.

Lists of pollutants - Annex II.Annex II – number of substance/ group of substances, name of substance/

group of substances, CAS (if exists), threshold in kg/year.

Scope of the Protocol on PRTR - Pollutants

Scope of the Protocol on PRTR - PollutantsParties may include additional substances in their national PRTRs if

considered appropriate (e.g. EU E-PRTR – 91 pollutants/ 5 more than Protocol on PRTR, Czech Republic – 93 pollutants/ 7 more than Protocol on PRTR).

Scope of the Protocol on PRTR - ReleasesArticle 2, paragraph 7 – definition of releases - „Release” means any

introduction of pollutants into the environment as a result of any human activity, whether deliberate or accidental, routine or not routine, including spilling, emitting, discharging, injecting, disposing or dumping, or through sewer systems without final waste-water treatment.

Releases – three main parts of definition a) introduction of pollutants into environment, b) human activity, c) routine or not routine (accidental).

Operators have to report all releases.

The Protocol’s definition covers both routine releases and non-routine ones, such as accidental releases.

Scope of the Protocol on PRTR - off-site transfersDefinition of off-site transfers (article 2, paragraph 8) - „Off-site transfer”

means the movement beyond the boundaries of the facility of either pollutants or waste destined for disposal or recovery and of pollutants in waste water destined for waste-water treatment.

Whereas the concept of “releases” is generally understood to cover situations where pollutants are emitted or introduced into the environment from a facility or other sources, the concept of “transfers” applies instead to movement of pollutants between facilities.

For waste transfers, the Protocol provides for two different approaches to define the threshold above which waste transfers have to be reported; total amounts of waste transferred or total amounts of a specific pollutant transferred in the waste.

Under the Protocol, each Party has to choose between the pollutant-specific approach and the waste-specific approach for reporting off-site transfers of waste - the “two-track approach”.

Scope of the Protocol on PRTR - Two Track Aproach

If the pollutant-specific approach is chosen - facility in the country will need to report the quantities of specific pollutants transferred off-site. The applicable thresholds are those set forth in annex II, column 2, to the Protocol (art. 7, para. 1 (a) (ii)). This will require the facility to indicate the amount of each pollutant contained in the waste, distinguishing between the amounts destined for recovery and the amounts destined for disposal (annex III to the Protocol identifies the specific operations for recovery and for disposal), as well as the name and address of the facility receiving the transfer (art. 7, para. 5 (d) (i)).

If the waste-specific approach is chosen, then each facility has to indicate the amount of waste transferred (without specifying the pollutants), whether the transferred waste is “hazardous” or “other” waste, and whether it is destined for recovery or disposal. The thresholds are set in article 7, paragraph 1 (a) (iii). If the transferred waste is hazardous, within the meaning of the Protocol, the threshold is 2 tons per year. If it is other waste (waste that is not hazardous), the threshold is 2,000 tons per year.

Movement of hazardous waste to another country (transboundary movement of hazardous waste) - the facility will (under the waste-specific approach) have to indicate the name and address of the recovery or disposal operator and the actual recovery or disposal site receiving the transfer (art. 7, para. 5 (d) (ii)).

Scope of the Protocol on PRTR – Two Track Approach

Comparison the pollutant- and waste-specific approaches - each approach has advantages and disadvantages.

EU approach – waste-specific approach.

North American approach – pollutant-specific approach.

Czech republic – both approaches.

Article 17, paragraph 3, of the PRTR Protocol calls for convergence between the pollutant- and waste-specific types of PRTR.

Scope of the Protocol on PRTR – Two Track Approach

Diffuse sourcesArticle 2, para (6) – definition of „diffuse sources“ – „Diffuse sources” means

the many smaller or scattered sources from which pollutants may be released to land, air or water, whose combined impact on those media may be significant and for which it is impractical to collect reports from each individual source.

The Protocol requires that PRTRs also progressively contain information on pollution from other diffuse sources, such as pollution from traffic to air, from agriculture to water and from small polluting enterprises to land, water or air.

The Protocol allows some flexibility, in that Parties are only required to include data on releases from diffuse sources in the PRTR where the data is being collected by the relevant authorities and can practicably be included.

Scope of the Protocol on PRTR - Conclusion

65 activities (capacity/employee thresholds) .86 substances/ categories of substances.Releases – air, soil, water.Off-site transfers – waste or pollutants in waste;.Off-site transfers – pollutants in wastewater.Additional activities, substances - the Protocol sets minimum requirements.

Parties developing PRTRs may go further, according to their national priorities and concerns.

For more informationProtocol on Pollutant Releases and Transfer Registers

Publications:Simplified Guide to the Protocol on PRTRs (january 2011)Guidance on Implementation of the Protocol on PRTRs (december

2008)All publications are available on UN-ECE website - http://www.

unece.org/environmental-policy/treaties/public-participation/publications.html

UN-ECE PRTR website – http://www.unece.org/env/pp/prtr.htm Global portal for PRTR – http://www.prtr.net UNITAR PRTR: Learn - http://prtr.unitar.org

Contact

Jan MaršákNational Focal Point for Protocol on PRTR

Head of IPPC and PRTR UnitMinistry of the Environment

Czech Republicemail: jan.marsak@mzp.cz

Thank you for your attention.