DRAFT REGULATION ON INTEGRATED ENVIRONMENTAL PERMIT

FIRST SECTIONPurpose, Scope, Basis, Definitions

Purpose and ScopeArticle 1-(1) The objective of this By-Law is to lay down procedures and principles designed to

prevent or, where that is not practicable, to reduce emissions into air, water and land and to prevent the generation of waste, by establishing an integrated pollution prevention and control system, in order to achieve a high level of protection of the environment taken as a whole.

(2) This By-Law shall apply to the operations where the activities specified in Annex-1 are implemented.

(3) The installations or parts of installations used for research activities, development activities or the testing of new products and processes, as well as nuclear power stations, are excluded from the scope of this By-Law.

BasisArticle 2-(1) This By-Law was prepared on the basis of article 11 of the Environmental Law

numbered 2872 and dated 09/08/1983 and Article 9 of the Decree Law numbered 644, in parallel with directives numbered 2010/75/EC and 2008/01/EC of the European Union.

DefinitionsArticle 3-(1) For the purposes of the provisions of this By-Law, the following definitions shall

apply:a) Ministry: the Ministry of Environment and Urban Planning.b) Project Application File: Documentation file prepared by the operator for the Integrated

Environmental Permit, including all documents required, if applicable, in article 15 of this By-Law.c) Environmental inspection: All actions, including site visits, monitoring of emissions and

checks of internal reports and follow-up documents, verification of self-monitoring, checking of the techniques used and adequacy of the environmental management of the installation, undertaken by or on behalf of the Competent Authority to check and promote compliance of installations with their permit conditions and, where necessary, to monitor their environmental impact, after the installation starts operating.

ç) Environmental quality standards (receiving environment standards): The set of requirements which must be fulfilled at a given time by a given environment or particular part thereof, as specified in the applicable legislation.

d) Environmental Impact Assessment Report: The report to be prepared in accordance with pre-determined special format established in article 11 concerning the projects specified in the list included in Annex-1 of the By-Law on Environmental Impact Assessment numbered 26939 and dated 17/07/2008 or the projects included in Annex-2 for which a decision of “Environmental Impact Assessment Required” has been issued by the Ministry.

e) Emission: The direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources in the installation or in the plant into air, water or land.

f) Emission limit values (ELVs): The mass, expressed in terms of certain specific parameters, concentration and/or level of an emission, which may not be exceeded during one or more periods of time.

g) Integrated Environmental Permit: The written authorisation in which permission is given for the purposes of protection of the environment and human health, to operate the activities in Annex-1 under certain conditions in compliance with the purpose and the provisions of this By-Law.

ğ) Equivalent parameters or technical measures: Reference parameters or measures which shall be taken into account, on a supplementary or complementary basis, where pollutants whose emission levels are defined in BAT reference documents or BAT conclusions cannot be identified according to the characteristics of the installation.

h) Emerging technique: A technique for an industrial activity that, if commercially developed, could provide either a higher general level of protection of the environment or at least the same level of protection of the environment and higher cost savings than existing best available techniques.

ı) General binding rules: emission limit values or other conditions that are adopted with the intention to set permit conditions applicable for one sector as well as all sectors.

i) Public: Citizens of the Republic of Turkey, foreigners residing in Turkey and one or more real persons or legal entities within the framework of national legislation and their associations, organizations or groups.

j) Concerned real person and/or legal entities: the public affected or likely to be affected by taking of a decision on the granting or the updating of a permit or the determining of permit conditions, and non-governmental organisations promoting environmental protection and meeting any requirements under national law.

k) Operation: Legal existence of the installation/installations and activities.l) Operator: Any real persons or legal entities who operate in whole or in part the installation or

the activity subject to the Integrated Environmental Permit, or who has the right of property and who is entitled to lease or to use other legal rights,

m) Pollution: The direct or indirect introduction, as a result of human activity, of substances, vibrations, heat or noise into air, water or land which may be harmful to human health or the quality of the environment, result in damage to material property, or impair or interfere with amenities and other legitimate uses of the environment;

n) Substance: Solid, liquid and gaseous chemical elements and compounds, excluding the radioactive substances defined in Article 2 of the Radiation Safety Decree published in the Official Gazette numbered 18861 and dated 07/09/1985, the genetically modified microorganisms defined in Article 4 of the “Regulation on Genetically Modified Organisms and Products” published in the Official Gazette numbered 27671 and dated 13/08/2010, and the substances that are included in the definition of genetically modified organisms established in Article 2 of the Biosafety Act numbered 5977 and dated 18/03/2010.

o) Baseline report: Report on the state of soil and groundwater contamination.ö) Best available techniques (BAT): The most effective and advanced stage in the development

of activities and their methods of operation which indicate the practical suitability of particular techniques for providing the basis for emission limit values and other permit conditions designed to prevent and, where that is not practicable, to reduce emissions and the impact on the environment as a whole:

1) Techniques: Includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned.

2) Available techniques: Means techniques implemented by taking into consideration the costs and advantages under economically and technically sustainable conditions, as long as they may be applied technically and economically by the operator, without considering whether or not the techniques are used or produced inside Turkey.

3) Best: Means most effective in achieving a high general level of protection of the environment as a whole.

p) BAT reference document: Drawn up and published by the EU commission for Annex-1 activities and describing, in particular, applied techniques, present emissions and consumption levels, techniques considered for the determination of best available techniques as well as BAT conclusions and any emerging techniques, giving special consideration to the criteria listed in Annex-3.

r) BAT conclusions: A document containing the parts of a BAT reference document laying down the conclusions on best available techniques, their description, information to assess their applicability, the emission levels associated with the best available techniques, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures.

s) Emission levels associated with the best available techniques: The range of emission levels obtained under normal operating conditions using a best available technique or a combination of best available techniques, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions.

t) Existing installation: An installation which is in operation before the date on which this By-

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Law enters into force and which is subject to the Integrated Environmental Permit.u) Substantial change: A change in the nature or functioning, or an extension, of an installation

according to article 13 paragraph 2, which may have significant negative effects on human health or the environment.

ü) Non-substantial change: Any change to the characteristics, or to the operation, or to the size, of the installation other than those mentioned in article 13 paragraph 2 of this by-law.

v) Hazardous substances: Substances, mixtures or products as described in the by law on control of big industrial accidents published in the Official Gazette numbered 27676 and dated 18/08/2010.

y) Installation: A constant activity or whole of the activities where all other operations are carried out, which can have effect on pollution and which is technically connected to the activities of one or more activities listed in Annex-1.

z) Soil: A living natural resource covering land as a thin layer which is composed through the decomposition of minerals and organic wastes.

aa) Compatibility document: The report issued by the Competent Authority after a compatibility check carried out by the competent authority for the purpose of verifying that the installation satisfies the conditions that were imposed in the Integrated Environmental Permit.

bb) Competent Administration: Relevant public organizations and institutions involved in the procedure for granting the Integrated Environmental Permit and different from the Competent Authority.

cc) Competent Authority: Central and provincial organization of the Ministry.

SECOND SECTIONGeneral Principles on Integrated Environmental Permits

Installations subject to Integrated Environmental PermitsArticle 4-(1) An Integrated Environmental Permit must be obtained for the construction,

assembly, operation or relocation of, and making of any substantial changes to, installations in which any of the activities included in Annex-1 are carried on. If, upon implementation of any changes, the installation reaches the threshold values specified in the list found in Annex-1, an Integrated Environmental Permit must be obtained.

(2) For activities subject to the Environmental Impact Assessment By-Law listed in Annex-1, an integrated environmental permit application process starts following submittal of the specially formatted EIA report, and for activities listed in Annex-2, the aforementioned process starts following presentation of the project information file.

(3) Integrated Environmental Permit shall be granted by the Ministry. The Ministry may transfer such power to the provincial organization.

Obligations of the operator and general binding rulesArticle 5-(1) The installations in which any of the industrial activities included in the scope of

application of this By-Law are carried out shall fulfill the following obligations:(a) Obtain an Integrated Environmental Permit and fulfill the conditions established in that

Permit.(b) Submit the documentation and information required per the scope of the environmental

legislation to the Competent Authority so that compliance of the activities with the permit conditions may be checked.

(c) Notify the Competent Authority any changes, whether substantial or not, that is intended to be made at the installation.

(ç) Notify the Competent Authority within twenty business days of any transfer of ownership or change of the name of the installation.

(d) Take measures considered necessary by the relevant legislation in order to prevent accidents and to limit their consequences to human health or to the quality of the environment.

(e) If applicable, take any appropriate complementary measures that the Competent Authority considers necessary to limit the environmental consequences and to prevent further possible incidents or accidents.

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(f) Provide the necessary assistance and cooperation during site visit, inspection and control activities.

(2) During the establishment and operation of the facilities required to obtain integrated environmental permits, the following are to be observed;

a) All the appropriate preventive measures are taken to prevent and to reduce pollution specifically by the application of the best available techniques.

b) The generation of waste is prevented, minimized or where waste is generated, it is prepared for re-use, recycling, recovery or, where that is technically and economically impossible, it is disposed of while avoiding or reducing any impact on the environment.

c) Energy, water, raw materials and other sources are used efficiently.ç) The necessary measures are taken upon definitive cessation of activities to avoid any risk of

pollution and return the site of operation to the satisfactory state defined in accordance with Article 29.

General Binding RulesArticle 6-(1) Without prejudice to the obligation to obtain an Integrated Environmental Permit,

the Competent Authority may impose general binding rules for certain categories of activities listed within Annex-1.

(2) Where general binding rules exist, the permit shall be prepared to also include such rules.(3) General Binding Rules shall be determined in a way ensuring environmental protection

equivalent to and in compliance with that achievable with Integrated Environmental Permit conditions.(4) General binding rules shall be kept up to date by considering developments in the best

available techniques and the provisions specified in paragraph five of Article 28.

Coordination between the Competent AdministrationsArticle 7-(1) Competent Authority shall ensure the effective and efficient cooperation and

coordination between the competent administrations in the process of the Integrated Environmental Permit.

Principles for determining emission limit values, equivalent parameters and technical measures

Article 8-(1) The emission limit values for polluting substances shall apply at the point where the emissions are discharged into the receiving environment. Any dilution prior to that point shall be disregarded when determining those values. With regard to indirect releases of polluting substances into water, the effect of a water treatment plant may be taken into account when determining the emission limit values of the installation concerned, provided that a high level of protection of the environment as a whole is guaranteed and provided.

(2) The emission limit values, equal parameters or technical measures shall be set based on the best available techniques, taking into account the technical details, geographical location and local environmental conditions of the installations under the scope of Annex-1, without setting conditions related to the usage of a certain technique or technology.

(3) The emission limit values constituting the basis for Integrated Environmental Permit shall be set in accordance with the following principles:

a) BAT conclusions on BAT Reference Documents shall apply as BAT conclusions except for paragraphs four and five of this article and without prescribing the use of any technique or specific technology.

b) The nature of the emissions and their ability to shift from one environmental medium to another shall be considered.

c) Permit conditions shall include rules in order to fulfill commitments established in international treaties and shall be determined in a way ensuring the high level of environmental protection as a whole.

ç) The impact of the emissions on human health and environmental conditions as a whole shall be taken into account.

d) The emission limit values set in the legislation in force on the date of the permit shall not be exceeded.

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(4) The Competent Authority for granting the Integrated Environmental Permit shall set emission limit values which ensure that, under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques as laid down in the decisions on BAT conclusions through either of the following:

a) Emission limit values shall be expressed for the same or shorter periods of time and under the same reference conditions as those emission levels associated with the best available techniques; or

b) Where emission limit values are expressed differently from those in point (a), the Competent Authority shall, at least annually, assess the results of emission monitoring in order to ensure that emissions under normal operating conditions have not exceeded the emission levels associated with the best available techniques. Conditions of the Permit shall be reviewed within the scope of Article 28 provided that emission limit values are exceeded.

(5) Without prejudice to Article 10, the Competent Authority for granting the Integrated Environmental Permit may, in specific cases, set less strict emission limit values. Such exemption may apply only where an assessment shows that the achievement of emission levels associated with the best available techniques as described in BAT conclusions would lead to disproportionately higher costs compared to the environmental benefits due to the geographical location or the local environmental conditions of the installation concerned or the technical characteristics of the installation concerned.

(6) The Competent Authority shall specify in the permit conditions the reasons for the application of the previous paragraph including the result of the assessment and the justification for the conditions imposed. In the permit conditions;

a) The emission limit values set in accordance with the previous paragraph shall not exceed the emission limit values in the applicable legislation.

b) The Competent Authority for granting the Integrated Environmental Permit shall take all precautions to achieve a high level of protection of the environment as a whole.

c) The Competent Authority shall re-assess the application of paragraphs four and five as part of reconsideration of the permit conditions pursuant to Article 28.

(7) The Competent Authority may, on condition that it is specified in the provisions of the Integrated Environmental Permit, grant temporary exemptions from the requirements of the paragraphs three and four of this Article and from Article 5.2. (a) for the testing and use of emerging techniques for a total period of time not exceeding nine months, provided that after the period specified, either the technique is stopped or the activity achieves at least the emission levels associated with the best available techniques specified in the Integrated Environmental Permit.

(8) The Competent Authority shall follow the developments in best available techniques and of the publication of any new or updated BAT conclusions and make that information available to the real persons and legal entities concerned.

(9) The Competent Authority shall encourage the application of emerging techniques, in particular for those emerging techniques identified in BAT reference documents.

Determination of monitoring requirementsArticle 9-(1) The monitoring requirements referred to in Article 21 (1) (d) shall, where

applicable, be based on the conclusions on monitoring as described in the BAT conclusions.(2) The frequency of the periodic monitoring referred to in Article 21 (1) (i) shall be determined

by the Competent Authority in each individual installation or in general binding rules. (3) Periodic monitoring shall be carried out at least once every 5 years for ground water and 10

years for soil. This duration shall be re-evaluated according to the evaluation results of the risk of contamination by the Competent Authority.

(4) The measurements and analysis within the context of this By-Law shall be carried out by laboratories authorized by the Ministry.

Receiving environment standards (environmental quality standards)Article 10-(1) Where an environmental quality standard requires stricter conditions than those

achievable by the use of the best available techniques, additional measures shall be included in the permit, without prejudice to other receiving environment standards.

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Principles for access to information and public participationArticle 11-(1) The Competent Authority shall, in accordance with the procedures specified in

Annex-4 and the provisions of article 17 ensure that the public are given early and effective opportunities to participate in the following procedures:

a) The granting of a permit for new installations;b) The granting of a permit for any substantial change in an installation;c) The granting or updating of a permit for an installation where the application of paragraph

five of Article 8 is proposed;ç) The updating of a permit or permit conditions for an installation in accordance with

paragraph five of Article 28. (2) When a decision on granting, reconsideration or updating of a permit has been taken, the

Competent Authority shall make available to the public the following information in points (a), (b) and (e) at the official website of the Ministry and the information in other points via appropriate means (by announcing through posting at the office of the governorate or by other similar means):

a) The content of the decision and a copy of the permit, including any updates;b) The reasons on which the decision is based;c) The results of the consultations held before the decision was taken and an explanation of how

they were considered within the scope of the permit;ç) The title of the BAT reference documents relevant to the installation or activity concerned;d) An explanation on the permit conditions referred to in Article 21 including the emission limit

values determined in relation to the best available techniques and emission levels associated with the best available techniques;

e) An explanation on where an exemption is granted in accordance with paragraph five of Article 8.

(3) The Competent Authority shall also make available to the public:a) Via the official website of the Ministry, the relevant information on the measures taken by the

operator upon definitive cessation of activities in accordance with Article 29,b) The results of emission monitoring as required under the permit conditions (by announcing

through posting at the office of the governorate or by other similar means).(4) Paragraphs one, two and three of this Article shall apply in cases not subject to the

restrictions laid down in paragraphs six and seven of Annex-4 of this By-Law.

THIRD SECTIONLegal Procedure for the Integrated Environmental Permit

FIRST CHAPTERGoals and Enforcement

The goal of the integrated environmental permitArticle 12-(1) The goals of the integrated environmental permit are:a) To provide a pollution prevention and control system that combines in one government

procedure all of the existing environmental permits for waste production and management, any permits for the discharge of wastewater and soil, and environmental permits on air and noise pollution,

b) To establish all of the conditions that ensure compliance with the provisions and principles of this By-Law by the installations within its scope, through a procedure that ensures coordination between all of the various public authorities involved in the granting of the permit with the aim to accelerate all of the procedural steps and reduce the administrative burdens of private parties.

(2) Procedures related to the integrated environmental permit, and the review mentioned in Article 28 must precede any other authorizations or permits that may be needed for the construction or commencement of the activities falling within the scope of this By-Law and may be necessary under the applicable environmental legislation.

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(3) The competent authority may make a determination that a permit may encompass one or more installations or sections of an installation operated by the same operator at the same site. Where a permit covers two or more installations, it shall contain conditions to ensure that each installation complies with the requirements of this By-Law.

Provisions for changes made to installationsArticle 13-(1) An operator has to inform the Competent Authority in case it makes substantial

or non-substantial changes to an installation subject to an Integrated Environmental Permit, stating with reasons based on the parameters mentioned in remaining paragraphs of this Article and Annex-5, whether it considers that it is a substantial or a non-substantial change. The documents supporting the reasons given must be attached to this notification.

(2) For a change to a facility to be characterized as substantial, a greater impact of the proposed change on safety, human health and the environment shall be considered within the scope of Annex-5.

(3) Where the proposed change is considered by the Competent Authority to be substantial, the Integrated Environmental Permit shall be renewed. It cannot be carried out until a new Integrated Environmental Permit has been granted.

(4) Any change in the nature or functioning or an extension of an installation shall be deemed to be substantial if the change or extension in itself reaches the capacity limits specified in Annex-1.

(5) After receiving the documentation concerning the changes to the installation, the Competent Authority shall make, within forty business days, an assessment and give the final decision whether a new Integrated Environmental Permit should be granted for non-substantial changes.

SECOND CHAPTERThe Integrated Environmental Permit Application and Granting of the Permit

Permit application principles Article 14-(1) The application for the Integrated Environmental Permit shall be carried out as

follows:a) The application file shall include the following information and documents:1) Detailed and descriptive work flow process charts of each activity in the installation, and

descriptions of the products;2) In case of substantial changes to an installation, information regarding parts of the installation

that are affected by the change;3) The environmental status of the site where the installation shall be located and any impacts

that may be foreseen, including any that may arise upon definitive cessation of the activities at the installation;

4) The natural resources, raw and auxiliary materials and other substances produced or used at the installation, and the amounts of water and energy used;

5) The sources of emissions from the installation;6) The nature and quantities of foreseeable emissions from the installation into each medium as

identification of significant effects of the emissions on the environment;7) The proposed technology and other techniques for preventing or, where this is not possible,

reducing emissions from the installation;8) Measures for the prevention, preparation for re-use, recycling and recovery of waste

generated by the installation.9) Measures planned to monitor emissions into the environment;11) Further measures planned to comply with the general principles referred to in Article 5 of

the By-Law;12) Submission of the Environmental Impact Assessment Report, prepared in compliance with

the special format of Environmental Impact Assessment, pursuant to EIA Regulation and EIA report and Project Information File prepared following the identification of the compliance of EIA report with the format requested;

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13) A report from the competent administration responsible of development plans and landscape planning in which the site for the installation is located, evidencing compatibility of the project with urban planning provisions, excluding existing installations;

14) A report from the Competent Authority within the scope of the Regulation on control of major industrial accidents, classifying the activity according to the legislation;

15) Identification of the information which the applicant deems to be confidential;16) Any documentation in the scope of the Legislation on compulsory insurance in the existing

installations;17) Any other documentation evidencing compliance with the requirements under the applicable

environmental legislation;18) Any other related documents to be requested by the Competent Authority. b) Where the activity involves the use, production or release of relevant hazardous substances

and having regard to the possibility of soil and groundwater contamination at the site of the installation, the operator shall prepare a baseline report and submit it to the Competent Authority with the application. Where the validity of the permit is reviewed for the first time, baseline report is prepared and submitted to the Competent Authority. The baseline report shall contain the information necessary to determine the state of soil and groundwater contamination so as to make a quantified comparison with the state upon definitive cessation of activities provided for under Article 29.2. The baseline report shall contain the following information:

1) information on the present use and on past uses of the site;2) Existing information on soil and groundwater measurements that reflect the state at the time

the report is drawn up having regard to the possibility of soil and groundwater contamination by those hazardous substances to be used, produced or released by the installation concerned.

3) The application for an Integrated Environmental Permit shall be accompanied by a non-technical and comprehensible summary of the baseline report to enable its comprehension by the public.

Submitting of the permit applicationArticle 15-(1) The application for the Integrated Environmental Permit shall be reviewed by the

Competent Authority within ten days.(2) If the application for commencement does not meet the requirements specified in Article 14

of this By-Law, the applicant shall be asked to remedy the defects and/or omissions within ten business days, stating that, if it fails to do so, it shall be deemed to have withdrawn its application, and this decision shall be communicated to the applicant.

(3) If required documents and information are provided, application for the permit shall be accepted.

Public participation Article 16-(1) The Competent Authority shall encourage and coordinate active and effective

participation by the public in the process for granting the Integrated Environmental Permit for new installations or for those that perform substantial changes to an installation and in the processes for review, renewal or cancellation of the Integrated Environmental Permit for an installation under the provisions in Articles 28 and 29.

(2) The Competent Authority shall ensure participation of the public beginning with the initial phase of the permit application, under The provisions for participation specified in Annex-4.

(3) Following the acceptance of the application, public debriefing period shall begin which shall not be shorter than fifteen business days.

a) The public information period shall start with the publication of a notice in the following places: the official website of the Competent Authority and any of the newspapers with the largest national circulation, in the geographic area where the installation is intended to be set up, for a duration of at least two days.

b) Within the public information period all information in the application file shall be made available to the public, except those considered confidential under the provisions in force.

(3) The public may submit pleadings in relation to the project from the start of the public

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information period until the granting of the draft decision on the Integrated Environmental Permit mentioned in Article 18 of this By-Law.

Obtaining of reports from the Competent Administrations during the Integrated Environmental Permit process

Article 17-(1) After the public debriefing period has been completed, the Competent Authority shall, within ten business days, send a copy of the case file, along with the pleadings and comments received, to the bodies that must render a decision on the various matters falling within their competences. Specifically, the Competent Authority shall, where applicable for the type of activity under the procedure, collect the following reports issued by the concerned units and the Competent Administrations:

a) Final EIA report predicated on EIA Positive Decision or project file predicated on EIA Not Required decision or EIA exemption statement;

b) Report on wastes;c) Report on water discharges; ç) Report on air emissions and noise;d) Report on groundwater and soil pollution. e) Other related reports required by the applicable legislation.(2) The competent authorities for preparing the reports mentioned in the above paragraph shall

take the best available techniques (BATs) and the environmental legislation into consideration. (3) Concerned Municipality shall issue a report evaluating the compliance of the installation

applied for the permit with all of the environmental matters falling under the municipal competences. If that report is not issued within the period mentioned in the paragraph four, the proceedings shall continue.

(4) The Competent Authority shall request and collect the reports mentioned in the preceding paragraphs within 120 business days from the submission of the application file. In case any documentation referred in the first paragraph is not provided or additional information and documents are requested from the operator and in case no comments or negative comments are received, the process shall be interrupted until these are solved. This period of interruption shall not be included in the Integrated Environmental Permit procedure. Following the provision of the specified documents and then submission to the Ministry, the process shall be resumed where left off.

General assessment and draft integrated environmental permitArticle 18- (1) After collecting all the reports, the Competent Authority shall complete the

environmental assessment for the project as a whole, and shall prepare, within twenty business days, a Draft Decision on the Integrated Environmental Permit, taking into account the reports listed in Article 17 and in accordance with the assessments of the Competent Authority.

Assessment of the pleadings regarding Draft Integrated Environmental Permit Article 19- (1) After the Competent Authority has prepared the Draft Decision on the Integrated

Environmental Permit, it shall be sent to the operator and the Competent Administrations in writing, and be announced to the concerned real persons and/or legal entities in accordance with the procedures specified in Article 11. Operator, Competent Administrations and concerned real persons and/or legal entities shall make their pleadings within fifteen business days following the announcement date.

(2) Within five business days following the end of the period mentioned in paragraph one, pleadings made in this period shall be sent to the units issuing reports and the Competent Administrations by the Competent Authority. Concerned units and the Competent Authorities comment back on pleadings to the competent authority within fifteen business days.

Integrated environmental permitArticle 20- (1) Taking into account the comments made by the relevant departments or

Competent Administrations, the Competent Authority can deny the Integrated Environmental Permit within twenty business days following the end of the period referred in paragraph two of Article 20.

(2) The Competent Authority shall have two hundred and forty business days, beginning from

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the date of the application, in which to render a decision of the granting or the rejection the application.

Conditions for the Integrated environmental permit Article 21- (1) The Integrated Environmental Permit shall include the following:a) Emission limit values for polluting substances listed in Annex-2, and for other polluting

substances that might be released by the relevant installation, having regard to their nature, their potential to transfer pollution from one medium to another and in other relevant environmental legislation applicable;

b) Appropriate requirements ensuring protection of the soil and groundwater;c) Measures concerning the monitoring and management of waste generated by the installation,

taking into account the priority ranking specified in Article 5.2.(b);ç) Provisions on the minimization of long-distance or transboundary pollution;d) Measurement methodology, frequency and evaluation procedure for specifying suitable

emission monitoring requirements;e) Measures relative to conditions other than normal operating conditions such as start-up and

shut-down operations, leaks, malfunctions, momentary stoppages and definitive cessation of operations;

f) Any other measure or condition established in the applicable environmental legislation;g) Any condition requiring the cessation of activities or closure of the installation;ğ) Appropriate requirements for the regular maintenance and surveillance of measures taken to

prevent emissions to soil and groundwater pursuant to point (b) and appropriate requirements concerning the periodic monitoring of soil and groundwater in relation to relevant hazardous substances likely to be found on site;

h) Conditions for assessing compliance with the emission limit values defined in the permit or the other conditions in other relevant legislation and general binding rules;

ı) Any other conditions that might be applicable to the installation.(2) For the purpose of the first paragraph, point (a), emission limit values may be supplemented

or replaced by equivalent parameters or technical measures ensuring an equivalent level of environmental protection.

(3) Without prejudice to Article 10, the Competent Authority may, according to the legislation applicable, set stricter permit conditions than those achievable by the use of the best available techniques as described in the BAT conclusions.

(4) The Integrated Environmental Permit shall not include direct emission limit values for emission of greenhouse gases, except as required to ensure that no significant local pollution is caused.

(5) Where Article 8 (4) (b) is applied, reference conditions and periods in compliance with the emission values based on BAT are taken as basis in the evaluation of the emission monitoring results.

(6) Operator shall submit the following information according to the criteria established in the relevant environmental legislation, at least annually, to the Competent Authorities:

1) information on the basis of results of emission monitoring referred to in point (d) of paragraph 1 and other required data that enables the Competent Authority to verify compliance with the permit conditions; and

2) Where the emission limit values used exceed the emission limit values associated with the best available techniques, a summary of the results of emission monitoring which allows a comparison with the emission levels associated with the best available techniques.

(7) For installations where rearing of poultry and pigs is carried out which is specified in Annex-1, paragraphs 1 to 6 of this Article shall apply without prejudice to the provisions of the legislation relative to animal welfare.

(8) For the installations subject to the legislation on Environmental Impact Assessment the Integrated Environmental Permit shall contain the “Environmental Impact Assessment Positive Decision”, “EIA Not Required Decision” and a summary including the conditions of the Final Report on EIA and the project information file.

(9) The BAT conclusions documents must be taken as reference for the Integrated Environmental Permit.

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(10) Where the Competent Authority sets permit conditions on the basis of a best available technique not described in any of the relevant BAT conclusions, it shall ensure that technique is determined by giving special consideration to the criteria listed in Annex-3 and the requirements of Article 8 are complied with. Where the BAT conclusions do not contain emission levels associated with the best available techniques, the Competent Authority shall ensure that the technique referred to in the first subparagraph ensures a level of environmental protection equivalent to the best available techniques described in the BAT conclusions.

(11) Where an activity or a type of production process carried out within an installation is not covered by any of the BAT conclusions or where those conclusions do not address all the potential environmental effects of the activity or process, the Competent Authority shall, after prior consultations with the operator, set the Integrated Environmental Permit conditions on the basis of the best available techniques that it has determined for the activities or processes concerned, by giving special consideration to the criteria listed in Annex-3.

Notification and publicity of the Integrated Environmental PermitArticle 22- (1) The operator, the relevant Local Authority where the installation is/shall be

located and the authorities that may have issued reports within the scope of Article 17 are notified of the decisions issued regarding the Integrated Environmental Permit.

(2) When a decision on granting, reconsideration or updating of a permit has been issued, the Competent Authority shall make available to the public the following information

a) The content of the decision, including a copy of the permit and any subsequent updates;b) The reasons on which the decision is based;c) The results of the consultations held before the decision was issued and an explanation of

how they were taken into account for the decision;ç) The title of the BAT reference documents relevant to the installation or activity concerned;d) How the permit conditions referred to in Article 22 have been determined in relation to the

best available techniques and emission limit values associated with the best available techniques;e) Where a derogation is granted in accordance with Article 8(5), the specific reasons for that

derogation based on;f) The measures taken by the operator if the operation is asked to be ceased pursuant to Article

29;g) Results of the emission monitoring by the Competent Authority in scope of the permit

conditions.The information given in points (a), (b), (e) and (f) of the second paragraph of this article shall

be published on the website of the Ministry.

Verification of compatibility with the Integrated Environmental Permit of the new installations or the installations who have gone through a substantial change

Article 23- (1) Once the Integrated Environmental Permit is granted, new installations or substantially modified installations are inspected for verification of the compliance with the conditions specified in the Integrated Environmental Permit. The operator cannot apply for other permits required for installation to begin operation before the verification is brought to completion with a favorable compatibility report.

(2) When the construction is completed and the installation is ready to operate, the operator submits an application for the verification of compatibility with the Integrated Environmental Permit. Competent Authority conducts the verification within thirty business days following the date of application.

(3) If compatibility with the permit conditions is established per the verification, favorable compatibility report is drawn up and the compatibility document shall be granted to the operator within five business days informing of the result from when the verification was performed.

(4) If the verification determines that the installation does not fulfill the conditions imposed per the Integrated Environmental Permit, the competent authority shall grant the operator of the installation up to four months depending on the features and the nature of the modifications to be undertaken provided the justification is given so that the installation is in compliance with the

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Integrated Environmental Permit. At the end of this period, Competent Authority undertakes verification within the installation and within the scope of the verification:

a) If the installation fulfills the conditions imposed in the Integrated Environmental Permit, a compatibility report shall be drawn up and the compatibility document shall be granted to the operator within five business days informing of the result from when the verification was performed.

b) If the installation does not fulfill the conditions imposed in the Integrated Environmental Permit, an unfavorable compatibility document shall be issued informing of the result. In this case, the operator cannot apply for the other permits required for the installation to begin operation.

c) If Competent Authority identifies a requirement for modification in accordance with the amendment of the legislation, the operator may be granted up to one year.

(5) At the end of the periods mentioned in paragraph four, Competent Authority cancels the application for the verification of compatibility indefinitely, upon which the installation cannot begin operation and the operator must begin the Integrated Environmental Permit process over.

Verification of compatibility of existing installations with the Integrated Environmental Permit

Article 24-(1) Once the Integrated Environmental Permit conditions have been met, the operator applies to the Competent Administration. The verification shall take place within thirty business days after receipt of the application

(2) If the verification is satisfactory, the competent authority shall issue a compatibility document within five business days from when the verification is completed, and informs the operator along with the Integrated Environmental Permit approval notification.

(3) If it is determined in the verification that the installation does not fulfill the conditions imposed in the Integrated Environmental Permit, the competent authority shall grant the operator of the installation one month to submit a covenant as well as business deadline plan. If the business deadline plan of the operator confirms that the requirements of the Integrated Environmental Permit shall be met, operator shall be granted an extension one year. Following the end of that period, the competent authority shall visit the installation for the following purpose:

a) If the installation fulfills the conditions imposed in the Integrated Environmental Permit, a compatibility report shall be drawn up and the compatibility document shall be granted to the operator within five business days informing of the result from when the verification was performed.

b) If the installation does not fulfill the conditions imposed in the Integrated Environmental Permit, an unfavorable compatibility document shall be issued informing of the result and operation shall be ceased. The operator must begin the Integrated Environmental Permit process over.

Commencement of operations at the installation Article 25- (1) After the Compatibility document with the Integrated Environmental Permit has

been obtained, the operator of the installation must apply to the competent administrations for any other permits that may be required in order to commence operations.

Sample collection and calculation of emissions following commencement of operationsArticle 26- (1) In order to confirm that the installation complies with the emission limit values

established in the permit, and without cancellation of the monitoring and inspection obligations established in the applicable legislation, pursuant to article 25, the operator of the installation shall send to the competent authority the related emission measurement and/or calculation reports for each of the relevant parameters within sixty business days from the grant of the Compatibility document with the Integrated Environmental Permit.

(2) Where the competent authority deems that, having regard to the operation conditions, location, dimensions and processes of the installation, it is reasonable to extend the period established in the first paragraph, that period may be extended in the Integrated Environmental Permit itself, in the Compatibility document with Integrated Environmental Permit or via a reasoned decision.

Appeals to decisions regarding the Integrated Environmental Permit Article 27- (1) The operator of the installation, the concerned real person or legal entities or

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other Competent Administrations can oppose or challenge the decision on the Integrated Environmental Permit before the courts pursuant to the provisions of Procedure of Administrative Justice Act No: 2577.

(2) Where the challenge is related to any of the aspects and reports contained in the Integrated Environmental Permit referred to in Article 17, the Competent Authority shall forward them to the administrative bodies that issued them, so that they can reply to those pleadings or appeals.

(3) It is obligatory that information regarding the judicial opposition procedures and term of litigation is included in the Integrated Environmental Permit.

Review and updating of permit conditions by the Competent AuthorityArticle 28-(1) The Competent Authority shall reconsider in accordance to the following

paragraphs of this Article all permit conditions and, where necessary, update those conditions.(2) On the condition that the competent authority gives justification, at the request of the

competent authority, the operator shall submit all the information necessary for the purpose of reviewing the Integrated Environmental Permit conditions, including, in particular, results of emission monitoring and other data, that enables a comparison of the operation of the installation with the best available techniques described in the applicable BAT conclusions and with the emission levels associated with the best available techniques. When reviewing permit conditions, the Competent Authority shall use any information resulting from monitoring or inspections.

(3) Within four years of publication of decisions on BAT conclusions relative to the main activity of an installation, the Competent Authority shall ensure that:

a) all the permit conditions for the installation concerned are reviewed and, where applicable, updated in compliance in particular, with paragraphs four and five of Article 8;

b) the review of the permit conditions shall take into account all the new or updated BAT conclusions applicable to the installation.

c) the installation complies with the updated permit conditions.(4) Where an installation is not covered by any of the BAT conclusion documents, the permit

conditions shall be reviewed and, if necessary, updated where developments in the best available techniques allow for the significant reduction of emissions.

(5) The permit conditions shall be reviewed and, where necessary, updated in the following cases:

a) The pollution caused by the installation is of such significance that the existing emission limit values of the permit need to be revised or new such values need to be included in the permit.

b) The operational safety requires other techniques to be used.c) Where it is necessary to comply with a new or revised environmental quality standard in

accordance with Article 10.d) Any other cases foreseen in the applicable environmental legislation.

Site closureArticle 29-(1) Without cancellation of the provisions of the legislation of the installation related

to groundwater and soil protection, the Competent Authority shall set the conditions in the Integrated Environmental Permit to ensure compliance with paragraphs 2, 3 and 4 of this Article upon definitive cessation of activities.

(2) Upon definitive cessation of the activities, the operator shall assess the state of soil and groundwater contamination by relevant hazardous substances used, produced or released by the installation and shall communicate to the Competent Authority the results of such assessment. Where the installation has caused significant pollution of soil or groundwater by relevant hazardous substances compared to the state established in the baseline report referred to in Article 14 (1) (b), the operator shall take the necessary measures to address that pollution so as to return the site to the state specified in the baseline report. Competent Authority shall take into account the technical feasibility of such measures.

(3) Following definitive cessation of the activities in the existing installations, and where the contamination of soil and groundwater at the site is detected to pose a significant risk to human health or the environment as a result of the activities carried out by the operator before the permit for the

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installation is granted for the first time, the operator may need to take measures in order to eliminate the risk. The present baseline report in Article 14 (1) (b) of this By-Law shall be compared to the existing information regarding the soil and groundwater contamination of the site during the period of operation pursuant to the environmental permits and license documents prior to the grand of Integrated Environmental Permit. Taking into account the current or approved future use of the installation, if the soil and groundwater are detected to be contaminated to pose a significant risk to human health and environment following definitive cessation of the activities, the operator shall take the required additional measures aimed at the removal, control, containment or reduction of relevant hazardous substances, so that the site ceases to pose such a risk.

(4) Where the operator is not required to prepare a baseline report referred to in paragraph 2, the operator shall, upon definitive cessation of the activities, take the necessary actions aimed at the removal, control, containment or reduction of relevant hazardous substances, so that the site ceases to pose any significant risk to human health or the environment due to the contamination of soil and groundwater as a result of the permitted present or future activities and taking into account the conditions of the site of the installation established in accordance with Article 14(1)(i).

Activities with interprovincial and transboundary effectsArticle 30- (1) If the Competent Authority anticipates the operation of an installation which

Integrated Environmental Permit has been applied to have negative and significant environmental effects in another province, or when the governorate of another province expresses opinion in this regard, a copy of the application must be sent to the governorate of that province in order that any comments can be expressed by the Competent Administrations and the concerned real persons and legal entities before the definitive resolution is adopted.

(2) If it is anticipated that the functioning of an installation which has applied for an Integrated Environmental Permit can have negative and significant environmental effects in a State of the European Union, or when a State of the European Union makes a request in this regard, the Competent Authority, through the Foreign Affairs Ministry, shall communicate to the State of the European Union the possibility of opening a period of bilateral consultations to assess those effects, as well as the appropriate measures that can be adopted to eliminate or reduce them. Towards this goal, and before a resolution on the integrated environmental permit is issued, a copy of the application, as well as all relevant information in accordance with the public participation dispositions, shall be sent to the other member state.

(3) If the State of the European Union agrees on the opening of such a consultation period, the Foreign Affairs Ministry shall negotiate with the State of the European Union a reasonable timetable of meetings and phases in order to guarantee that the competent authorities and the public of the related State of the European Union, taking into account the scope of the affectation, have the opportunity of stating their opinion on the installation applying for the Integrated Environmental Permit.

(4) At least one representative from the competent authority is included in the delegation responsible for the negotiations.

(5) The procedure of transboundary consultation shall begin through an official communication sent to the Foreign Affairs Ministry, together with the information referred to in paragraph two and the name of the representative of the competent authority to participate in the delegation.

(6) If the opening of the transboundary consultation period is requested by the State of the European Union most at risk of being affected by the functioning of the installation for which the application is being applied, the Foreign Affairs Ministry shall communicate it to the Competent Authority and shall request the submitting of the documentation mentioned in the paragraph 5 in order to initiate the procedure of transboundary consultation.

(7) The time limits specified the legislation relative to the Integrated Environmental Permit procedure shall be suspended until the consultation period is complete. The results of this consultation is appropriately taken into account by the Competent Authority when issuing a decision about the application, and the decision must be communicated by the Foreign Affairs Ministry to the States that have participated in the consultation period.

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(8) When a State of the European Union communicates that an Integrated Environmental Permit has been applied for an installation in its territory that can have significant negative effects on the environment of Turkey, the Foreign Affairs Ministry shall communicate to the MoEU, who, with the participation of the Competent Authorities of the affected provinces, shall act as the environmental authority during the bilateral consultations to be made with the objective of studying those effects, as well as the appropriate measures that can be adopted to eliminate or reduce them. The MoEU shall guarantee that the affected public administrations and the public are consulted in accordance with what has been established concerning the permitting process and public participation. Towards this goal, it shall define the terms under which the consultation process shall be developed in collaboration with the competent authorities of the provinces affected by the installation for which the Integrated Environmental Permit has been applied for in other member state.

Integrated environmental permit feesArticle 31-(1) The costs and rates to be paid for the issuance, renewal and update of the

Integrated Environmental Permit shall be determined by the Competent Authority annually, and shall be published on the web page of the Ministry.

(2) The fees required to be paid for the issuance of the Integrated Environmental Permit shall be paid to the Directorates of the Revolving Fund Administration of the Competent Authority.

FOURTH SECTIONInspections and sanctions

Liabilities of Persons Authorized for Environmental Matters, Environmental Management Units, and Environmental Consulting Firms

Article 32- (1) The Authorized Persons for Environmental Matters, Environmental Management Units, and Environmental Consulting Firms who, as part of the process for an integrated environmental permit application, shall be providing services covered by the By-Law regarding Authorized Persons for Environmental Matters and Environmental Consulting Firms published in the Official Gazette dated 12/11/2010 and numbered 27757, shall be liable for the following:

a) To prepare in full, or to have it prepared in full, the application file, including the required information, documents and reports, and to submit the application,

b) To provide for the assessment of the information, documents and reports obtained by means of a thorough site inspection, and to provide for the compliance and validity, per the related legislation, of the technical content of the information, documents and reports contained within the said file,

c) To deliver and submit all of the required information, documents and reports in the prescribed format, on time and in full,

d) To execute correspondence and to hold meetings, concerning the required procedures, with the competent authorities, local administrations and relevant offices for services related to their activities,

e) To have at least one authorized person for environmental matters available on facility premises during inspections to be conducted by the competent authority within the scope of this By-Law,

f) To guard the confidentiality of any proprietary commercial information obtained during the time period when services are provided.

Administrative sanctionsArticle 33- (1) For businesses not complying with the provisions of this By-Law, administrative

sanctions shall be applied per the related articles of the Environmental Law numbered 2872.

Infringements of permit conditionsArticle 34- (1) In case of infringements of permit conditions, the operator shall carry out the

following provisions: a) Immediately inform the competent authority.

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b) Take necessary measures at the earliest possible time to restore compliance with the conditions of the permit.

c) Take additional complementary measures as specified by the competent authority to restore compliance with the conditions of the permit.

(2) In case of infringement of the conditions of the integrated environmental permit that results in direct hazard to human health or the environment, the operation of the installation may be ceased per points (b) and (c) of the first paragraph, until compliance with the permit conditions are achieved. The cessation of activities does not preclude the enforcement of penalties associated with the Environmental Law.

Monitoring and inspectionArticle 35-(1) Following the issuance of an integrated environmental permit, the monitoring

and inspection activities are carried out per scope of the current environmental legislation.

Discontinued provisionsArticle 36- (1) As of the date this By-Law goes into effect, the businesses and activities subject

to this By-Law shall no longer be subject to the By-Law for Permits and Licenses to be Obtained per the Environmental Law published in the Official Gazette dated 24/09/2009 and numbered 27214.

Transitional period for existing facilitiesProvisional Article 1- (1) Per the provisions of this By-Law, the existing facilities as defined in

Article 3, Paragraph 1, Point (ş), are obligated to obtain an integrated environmental permit within the 10-year period (at the latest) following the date this By-Law comes into effect.

Transitional period for projects subject to the EIA By-LawProvisional Article 2- (1) It is mandatory for the project owner or authorized agent to submit to

the Ministry changes to be made to the project, for projects that have received a "positive EIA" or "EIA not required" decision, or for projects whose reports have been finalized by the commission, or for projects which, on the date this By-Law goes into effect, have "positive EIA" or "EIA not required" decisions, per articles 14/3 and 17/3 of the EIA By-Law, for which the periods of validity have not expired; for projects that have not started production activities on the date this By-Law goes into effect, it is mandatory for the project owner or authorized agent to submit to the Ministry changes to be made to the project, following the receiving of the integrated environmental permit.

(2) EIA By-Law provisions are not applied to the project for changes to be performed within the scope of the integrated environmental permit. In case of capacity expansion, the changes to be performed are re-assessed by the Ministry within the scope of the EIA By-Law.

ValidityArticle 37- (1) The second, third, fourth, fifth, sixth and seventh paragraphs of the 30th article

of this By-Law come into effect on the date Turkey becomes a member of the European Union, and the remaining articles come into effect 3 years after the date of publication of this By-Law.

ExecutionArticle 38- (1) The Ministry of Environmental and Urban Planning executes the provisions of

this By-Law.

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ANNEX-1CATEGORIES OF ACTIVITIES UNDER THE SCOPE OF THIS BY-LAW

The threshold values specified below generally refer to production capacities or outputs. Where several activities falling under the same activity description containing a threshold are operated in the same installation, the capacities of such activities are added together. For waste management activities, this calculation shall apply at the level of activities 5.1, 5.3(a) and 5.3(b).

1. Energy industries1.1. Combustion of fuels in installations with a thermal rating of 50 MW or more.1.2. Refining of mineral oil and gas.1.3. Production of coke1.4. Gasification or liquefaction of:(a) Coal(b) Other fuels in installations with a total thermal rating of 20 MW or more.2. Production and processing of metals2.1. Metal ore (including sulphide ore) roasting or sintering.2.2. Production of pig iron or steel (primary or secondary fusion) including continuous casting, with a capacity exceeding 2,5 tonnes per hour.2.3. Processing of ferrous metals:(a) Operation of hot-rolling mills with a capacity exceeding 20 tonnes of crude steel per hour;(b) Operation of smitheries with hammers the energy of which exceeds 50 kilojoules per hammer, where the calorific power used exceeds 20 MW;(c) Application of protective fused metal coats with an input exceeding 2 tonnes of crude steel per hour.2.4. Operation of ferrous metal foundries with a production capacity exceeding 20 tonnes per day2.5. Processing of non-ferrous metals:(a) Production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes;(b) Melting, including the alloyage, of non-ferrous metals, including recovered products and operation of non-ferrous metal foundries, with a melting capacity exceeding 4 tonnes per day for lead and cadmium or 20 tonnes per day for all other metals.2.6. Surface treatment of metals or plastic materials using an electrolytic or chemical process where the volume of the treatment vats exceeds 30 m3

3. Mineral industry3.1. Production of cement, lime and magnesium oxide:(a) Production of cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or in other kilns with a production capacity exceeding 50 tonnes per day;(b) Production of lime in kilns with a production capacity exceeding 50 tonnes per day;(c) Production of magnesium oxide in kilns with a production capacity exceeding 50 tonnes per day.3.2. Production of asbestos or the manufacture of asbestos-based products3.3. Manufacture of glass including glass fibre with a melting capacity exceeding 20 tonnes per day3.4. Melting mineral substances including the production of mineral fibres with a melting capacity exceeding 20 tonnes per day3.5. Manufacture of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain with a production capacity exceeding 75 tonnes per day and/or with a kiln capacity exceeding 4 m3 and with a setting density per kiln exceeding 300 kg/ m3

4. Chemical industryFor the purpose of this section, production within the meaning of the categories of activities contained in this section means the production on an industrial scale by chemical or biological processing of substances or groups of substances listed in points 4.1 to 4.64.1. Production of organic chemicals, such as:(a) Simple hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic);

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(b) Oxygen-containing hydrocarbons such as alcohols, aldehydes, ketones, carboxylic acids, esters and mixtures of esters, acetates, ethers, peroxides and epoxy resins;(c) Sulphurous hydrocarbons;(d) Nitrogenous hydrocarbons such as amines, amides, nitrous compounds, nitro compounds or nitrate compounds, nitriles, cyanates, isocyanates;(e) Phosphorus-containing hydrocarbons;(f) Halogenic hydrocarbons;(g) Organometallic compounds;(h) Plastic materials (polymers, synthetic fibres and cellulose-based fibres);(i) Synthetic rubbers;(j) Dyes and pigments;(k) Surface-active agents and surfactants.4.2. Production of inorganic chemicals, such as:(a) Gases, such as ammonia, chlorine or hydrogen chloride, fluorine or hydrogen fluoride, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, sulphur dioxide, carbonyl chloride;(b) Acids, such as chromic acid, hydrofluoric acid, phosphoric acid, nitric acid, hydrochloric acid, sulphuric acid, oleum, sulphurous acids;(c) Bases, such as ammonium hydroxide, potassium hydroxide, sodium hydroxide;(d) Salts, such as ammonium chloride, potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate;(e) Non-metals, metal oxides or other inorganic compounds such as calcium carbide, silicon, silicon carbide.4.3. Production of phosphorous-, nitrogen- or potassium-based fertilisers (simple or compound fertilisers)4.4. Production of plant protection products or of biocides4.5. Production of pharmaceutical products including intermediates4.6. Production of explosives5. Waste management5.1. Disposal or recovery of hazardous waste with a capacity exceeding 10 tonnes per day involving one or more of the following activities:(a) Biological treatment;(b) Physico-chemical treatment;(c) Blending or mixing prior to submission to any of the other activities listed in points 5.1 and 5.2;(d) Repackaging prior to submission to any of the other activities listed in points 5.1 and 5.2;(e) Solvent reclamation/regeneration;(f) Recycling/reclamation of inorganic materials other than metals or metal compounds;(g) Regeneration of acids or bases;(h) Recovery of components used for pollution abatement;(i) Recovery of components from catalysts;(j) Oil re-refining and its reuse for other purposes;(k) Surface impoundment.5.2. Disposal or recovery of waste in waste incineration plants or in waste co-incineration plants:(a) For non-hazardous waste with a capacity exceeding 3 tonnes per hour;(b) For hazardous waste with a capacity exceeding 10 tonnes per day.5.3.(a) Disposal of non-hazardous waste with a capacity exceeding 50 tonnes per day, involving one or more of the following activities, and excluding those activities listed in the By-Law numbered 26047 published on the 8 January 2006 (91/271/EEC) concerning urban waste-water treatment plants:

i. Biological treatment;ii. Physico-chemical treatment;

iii. Pre-treatment of waste for incineration or co-incineration;

iv. Treatment of slags and ashes;

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v. Treatment in shredders of metal waste (including waste electrical and electronic equipment and end-of-life vehicles and their components).

(b) Recovery, or a combination of recovery and disposal, of non-hazardous waste with a capacity exceeding 75 tonnes per day, involving one or more of the following activities, and excluding those activities listed in the By-Law numbered 26047 published on the 8 January 2006 (91/271/EEC):

i. Biological treatment;ii. Pre-treatment of waste for incineration or co-

incineration;iii. Treatment of slags and ashes;iv. Treatment in shredders of metal waste

(including waste electrical and electronic equipment and end-of-life vehicles and their components).

When the only waste treatment activity carried out is anaerobic digestion, the capacity threshold for this activity shall be 100 tonnes per day.5.4 Established landfills receiving more than 10 tonnes of waste per day or with a total capacity exceeding 25000 tonnes, excluding landfills of inert waste.For the purposes of this Annex, "landfill" means a waste disposal site for the deposit of the waste onto or into land (i.e. underground), including:- internal waste storage sites (i.e. landfill where a producer of waste is carrying out its own waste disposal at the place of production), and- a permanent site (i.e. more than one year) which is used for temporary storage of waste,but excluding:- facilities where waste is unloaded in order to permit its preparation for further transport for recovery, treatment or disposal elsewhere, and- storage of waste prior to recovery or treatment for a period less than three years as a general rule, or- storage of waste prior to disposal for a period less than one year;5.5. Temporary storage of hazardous waste not covered under point 5.4 pending any of the activities listed in points 5.1, 5.2, 5.4 and 5.6 with a total capacity exceeding 50 tonnes, excluding temporary storage, pending collection, on the site where the waste is generated5.6. Underground storage of hazardous waste with a total capacity exceeding 50 tonnes6. Other activities6.1. Production in industrial installations of:(a) Pulp from timber or other fibrous materials;(b) Paper or card board with a production capacity exceeding 20 tonnes per day;(c) One or more of the following wood-based panels: oriented strand board, particleboard or fibreboard with a production capacity exceeding 600 m3 per day.6.2. Pre-treatment (operations such as washing, bleaching, mercerisation) or dyeing of textile fibres or textiles where the treatment capacity exceeds 10 tonnes per day6.3. Tanning of hides and skins where the treatment capacity exceeds 12 tonnes of finished products per day6.4.

(a) Operating slaughterhouses with a carcass production capacity greater than 50 tonnes per day

(b) Treatment and processing (other than exclusively packaging) of the following raw materials, whether previously processed or unprocessed, intended for the production of food or feed from:

i. only animal raw materials (other than exclusively milk) with a finished product production capacity greater than 75 tonnes per day;

ii. only vegetable raw materials with a finished product production capacity greater than 300 tonnes per day or 600 tonnes per day where the installation operates for a period of no more than 90 consecutive days in any year;

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iii. animal and vegetable raw materials, both in combined and separate products, with a finished product production capacity in tonnes per day greater than:

75 if A is equal to 10 or more; or, [300- (22,5 × A)] in any other case,

where "A" is the portion of animal material (in percent of weight) of the finished product production capacity.

Packaging shall not be included in the final weight of the product.

This subsection shall not apply where the raw material is milk only.

c) Treatment and processing of milk only, the quantity of milk received being greater than 200 tonnes per day (average value on an annual basis).6.5. Disposal or recycling of animal carcasses or animal waste with a treatment capacity exceeding 10 tonnes per day6.6. Intensive rearing of poultry or pigs:(a) With more than 40000 places for poultry;(b) With more than 2000 places for production pigs (over 30 kg), or(c) With more than 750 places for sows.6.7. Surface treatment of substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, with an organic solvent consumption capacity of more than 150 kg per hour or more than 200 tonnes per year6.8. Production of carbon (hard-burnt coal) or electrographite by means of incineration or graphitisation6.9. The capture of CO2 from installations and geological storage. For the purposes of this By-Law, "geological storage of CO2" means injection accompanied by storage of CO2 streams in underground geological formations, and "geological formation" means a lithostratigraphical subdivision within which distinct rock layers can be found and mapped.6.10. Preservation of wood and wood products with chemicals with a production capacity exceeding 75 m3 per day other than exclusively treating against sapstain6.11. Independently operated waste water treatment plants not covered by the By-Law numbered 26047 and published on 8 January 2006, and discharged by an installation covered by this By-Law.

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ANNEX-2LIST OF POLLUTING SUBSTANCES

AIR 1. Sulphur dioxide and other sulphur compounds.2. Oxides of nitrogen and other nitrogen compounds. 3. Carbon monoxide. 4. Volatile organic compounds. 5. Metals and their compounds. 6. Dust emissions. 7. Asbestos (suspended particulates, fibres). 8. Chlorine and its compounds. 9. Fluorine and its compounds. 10. Arsenic and its compounds. 11. Cyanides. 12. Substances and mixtures which have been proved to possess carcinogenic or mutagenic properties

or properties which may affect reproduction via the air. 13. Polychlorinated dibenzodioxins and polychlorinated dibenzofurans.

WATER1. Organohalogen compounds and substances which may form such compounds in the aquatic

environment. 2. Organophosphorus compounds. 3. Organotin compounds. 4. Substances and mixtures which have been proved to possess carcinogenic or mutagenic properties

or properties which may affect reproduction in or via the aquatic environment. 5. Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances. 6. Cyanides. 7. Metals and their compounds. 8. Arsenic and its compounds. 9. Biocides and plant protection products. 10. Materials in suspension. 11. Substances which contribute to eutrophication (in particular, nitrates and phosphates). 12. Substances which have an unfavourable influence on the oxygen balance (and can be measured

using parameters such as BOD, COD, etc.). 13. Substances listed in Annex-X to Directive 2000/60/EC, of 23 October 2000, of the European

Parliament and of the Council, establishing a framework for Community action in the field of water policy.

Annex-X

List of Prioritized PollutantsSubstance CAS Number

AlachlorAnthraceneAtrazineBenzeneBrominated diphenyletherCadmium and its compoundsC10- 13 –chloroalkanes ChlorfenvinphosChloropyrifos1,2-dichloroethanesDichloromethane

15972-60-8120-12-7

1912-24-971-43-2

-7440-43-985535-84-8470-90-6

2921-88-2107-06-275-09-2

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Di(2-ethylhexyl)-phtalate (DEHP) DiuronEndosulfan (alfa-endosulfan)FluorantheneHexachloro-benzeneHexachloro-butadieneHexachloro-cyclohexane (gamma-lindane isomer)IsoproturonLead and its compoundsMercury and its compoundsNaphtaleneNickel and its compoundsNonylphenols4-(para)-nonylphenolOctylphenoles (Para-ter-octylphenol)Pentachloro-benzenePentachloro-phenolPolyaromatic hydrocarbons (PAH)(Benzo(a)pyrene (Benzo(b)fluor-anthene (Benso(g,h,i)perylene (Benzo(k)fluoro-anthene (Indeno(1,2,3-cd)pyrene)SimazineTributhyltin compoundsTributhyltin-cationTrichloro-benzenes 1,2,4-trichloro-benzeneTrichloro-methane (chloroform)Trifluralin

117-81-7330-54-1115-29-7959-98-8206-44-0118-74-187-68-3608-73-158-89-9

34123-59-67439-92-17439-97-691-20-3

7440-02-025154-52-3104-40-5

1806-26-4140-66-9608-93-587-86-5

-50-32-8205-99-2191-24-2207-08-9193-39-5122-34-9688-73-3

36643-28-412002-48-1120-82-167-66-3

1582-09- 8

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ANNEX-3CRITERIA FOR DETERMINING BEST AVAILABLE TECHNIQUES

1. The use of low-waste technology; 2. The use of less hazardous substances; 3. The furthering of recovery and recycling of substances generated and used in the process and of

waste, where appropriate; 4. Comparable processes, facilities or methods of operation which have been tried with success on an

industrial scale; 5. Technological advances and changes in scientific knowledge and understanding;6. The nature, effects and volume of the emissions concerned;7. The commissioning dates for new or existing installations;8. The length of time needed to introduce the best available technique;9. The consumption and nature of raw materials (including water) used in the process and energy

efficiency;10. The need to prevent or reduce to a minimum the overall impact of the emissions on the

environment and the risks to it;11. The need to prevent accidents and to minimise the consequences for the environment;12. Information published by public international organisations.

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ANNEX-4PUBLIC PARTICIPATION IN DECISION-MAKING

1) The public shall be informed (by public notices or other appropriate means such as electronic media where available) of the following matters early in the procedure for the taking of a decision or, at the latest, as soon as the information can reasonably be provided: a) The application for a permit or, as the case may be, the proposal for the updating of a permit

or of permit conditions in accordance with Article 28, including the description of the elements listed in Article 14(1);

b) Where applicable, the fact that a decision is subject to a national or transboundary environmental impact assessment or to consultations between States of the European Union in accordance with Article 30;

c) Detailed information on the competent authority in charge of decision making from which relevant information may be obtained and to which opinions and questions may be submitted; information required to submit opinions and questions

d) The nature of possible decisions or, where there is one, the draft decision;e) Where applicable, the details relative to a proposal for the updating of a permit or of permit

conditions;f) An indication of the times and places where, or means by which, the relevant information shall

be made available;g) Details of the arrangements for public participation and consultation made pursuant to

paragraph 5.2) The Competent Authority shall ensure that, within appropriate time-frames, the following is made

available to the public: a) In accordance with national law, the main reports and advice issued to the Competent

Authority or authorities at the time when the public were informed in accordance with paragraph 1;

b) Information other than that referred to in paragraph 1 which is relevant for the decision in accordance with Article 11 and the Title III of this By-Law and which only becomes available after the time the public was informed in accordance with paragraph 1.

3) The public shall be entitled to express comments and opinions to the Competent Authority before a decision is taken.

4) The results of the consultations held pursuant to this Annex must be taken into due account in the taking of a decision.

5) Arrangements for informing the public (e.g. by publication of notices in local and national newspapers and by bill posting in certain areas) is determined by the Competent authority in charge of issuing integrated environmental permits. By specifying reasonable timeframes for different phases, the public is enabled to participate well-prepared in the decision making processes, pursuant to this Annex. The competent authority may reject an environmental information request in the following cases:a) The requested information is neither held nor used by the competent authority to which the

request is addressed. In such a case where the competent authority from which the information is requested is aware that the information resides at another competent authority, it forwards the request to the respective authority within the time period speficied in the by-law and informs the applicant as well of this forwarding, or it directs the applicant to the respective authority which it feels can respond to the aforementioned information request.

b) The request for information is (manifestly) unjustified; c) The request for information is formulated in too general a manner;d) In case the information requested concerns documents or data that are in the process of being

prepared, or are not prepared, the competent authority informs the applicant of the name of the competent authority preparing the material and the time required for the completion of the material;

e) If the request concerns internal communications, its impact on public interest, if disclosed, is taken into account

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6) The competent authority may reject an environmental information request if the disclosure of the information in question shall have adverse effects for the following items:a) The confidentiality of the procedures of the competent authorities, where such confidentiality

is provided for by law;b) International relations, public security or national defense; c) The judicial process, the peoples’ rights to receive fair trials or the competent authority having

a penal standing or its ability to conduct disciplinary inquiries;d) The confidentiality of commercial or industrial information where such confidentiality is

provided for by law to protect a legitimate economic interest, including the maintenance of confidentiality of statistical data and tax records;

e) Intellectual property rights; f) The confidentiality of personal data and/or files belonging to real persons, where such persons

have not consented to the public disclosure of the aforementioned information, and where such confidentiality is provided for by law;

g) The interests or the protection of any person, who has supplied the requested information on a voluntary basis, without being under duress, and without a legal obligation to do so, when the person in question has not concented to the disclosure of the aforementioned information.

h) Protection of the environment, when the requested information points to, for example, the location of rare species.

The reasons specified in Articles 6 and 7 of this Annex should not be interpreted to be restrictive, especially when considering public interest in case of disclosure. For each particular case, the public interest served by disclosure of information shall be compared with and weighed against the public interest served by denial of request. Based on points (a), (d), (f), (g) and (h) of Article 7, the competent authority may deny the request, where the requested information involves emissions released to the environment. Accordingly, for the applicability of point f, the competent authority should ensure that the request is compliant with legislation/by-laws.

ANNEX 5CRITERIA TO DEFINE A CHANGE AS SUBSTANTIAL

1. For a change to a facility to be characterized as substantial, a greater impact of the proposed change on safety, human health and the environment will be considered, in the following aspects: a) The quality and regenerative capacity of the natural resources in the geographic areas that may

be affected.b) The risk of accident.c) Change of installation location,ç) Change of fuel and/or firing system of the installation,

2. In any case, to consider a change in an installation or an operation as substantial, the effect size of the proposed change on safety, human health and environment is considered within the following consideration by the Competent Authority:

a) An increase of the production in more than 50%.b) The increase of a 50% of the installation or the surface of the activity or the increase of 5.000

m2 (except for mining activities) will be a substantial change.c) An increase in water or energy consumption more than 50%.ç) An increase more than 25% of the mass emission of any air pollutants listed in the integrated

environmental permitd) The generation of new hazardous pollutants, even if there is a reduction in other pollutants.

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e) An increase above 25% of the discharge flow or of the pollutant load of wastewater, or the inclusion of a new discharge point (unless for sanitary water).

f) Incorporation into the process of hazardous substances and preparations not covered by the original permit or an increase of them, provided that, as a result, it will be necessary to develop or review the legislation on risks inherent in major accidents involving dangerous substances.

g) A generation of hazardous waste which will imply the obligation to obtain the relevant permit, or an increase in waste management in more than 50%, or in waste generation over 10 tons per year in the case of hazardous waste, or more than 50 tons per year if it is non-hazardous waste, including inert waste, whenever this represents in addition an increase of more than 25% of the total hazardous waste generated, or more than 50% of non-hazardous waste, including inert waste.

ğ) The increase of a 30% of the storage capacity (if the global storage is greater than 1 milion tonnes) or the increase of a 50% of the storage (if the global storage is less than 1 milion tonnes). If there is a change in the kind of stored waste that implies a modification of the storage facility conditions it is also considered as a substantial change.

h) Changes in the operation of non-hazardous waste incineration or co-incineration facilities which involve the incineration or co-incineration of hazardous waste.

ı) In farming activities, an increase in 30% of nitrogen generated or more than 7.000 kg N/year.

The list of quantitative criteria outlined in the previous section may be completed by the competent authority with the addition of qualitative criteria derived from the specific circumstances of the modification intended to be made or technical characteristics of the installation.

2) In the event that an installation carries out consecutive non-substantial changes, they will become a substantial change when the sum of two or more non-substantial changes reaches the capacity thresholds established in Annex 1 or one of the considerations described in the paragraph 3 of this article.

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