3.4 Process Legislation
45
should be used as a standard. These BATs and their resulting environmental
performances are determined through an exchange of information between
experts from the EU member states, industry, and environmental organizations,
and this is organized by the European Commission. This results in the creation
of BAT reference documents that are then used for setting permit conditions.
• Flexibility: In specific cases, EU member state authorities are allowed to set
higher, i.e., more lenient, emission limits than those based on the BAT reference
documents. This can be the case if the high costs of reaching an emission
limit are considered to outweigh the environmental benefits, for example, due
to the geographical location, local environmental conditions, or the technical
characteristics of the plant.
• Inspections: EU member states need to conduct environmental inspections on
each site at least every 1–3 years.
• Public Participation: For the public to remain informed and able to participate
in the decision-making process, permit applications, permits, and emission
monitoring results need to be made publicly available.
3.4.2 EU Seveso Directive
Prompted by a catastrophic accident at a chemical plant in Seveso, Italy, in 1976, 1 ,
the Seveso Directive provides legislation to prevent and control major chemical
accidents in the EU (European Commission, 2017). In total, there have been three
Seveso Directives, with the original from 1982 having been replaced by the Seveso
II Directive in 1996 following, among other chemical disasters, the release of methyl
isocyanate in Bhopal, India, in 1984. This second version was then later replaced by
the Seveso III Directive in 2012 (Directive 2012/18/EU). The Seveso legislation
applies to industrial activities where dangerous substances in quantities exceeding
a certain threshold are present, but it excludes activities that are covered by other
legislation, such as nuclear power plants or transport of dangerous goods. Military
sites and extraction and mining operations are also excluded (European Union,
2012).
The core aim of the Seveso Directive is to establish an improvement cycle
comprising four elements: prevention, preparation, response, and lesson learning.
To achieve this, facility operators and EU member state authorities have several
obligations. These obligations follow a tiered approach: Where higher amounts
of dangerous substances are present, the industrial facilities are categorized as
higher tier and must comply with stricter requirements. Otherwise, facilities are
categorized as lower tier, and their requirements are less stringent. Site operators
are obliged to notify the authorities if their facility falls under the Seveso Directive.
This notification should include information on the substances in use or present
at the site (including quantity and physical form), the activity of the installation,
1 See Appendix A for information on this and other historic chemical accidents.
45
should be used as a standard. These BATs and their resulting environmental
performances are determined through an exchange of information between
experts from the EU member states, industry, and environmental organizations,
and this is organized by the European Commission. This results in the creation
of BAT reference documents that are then used for setting permit conditions.
• Flexibility: In specific cases, EU member state authorities are allowed to set
higher, i.e., more lenient, emission limits than those based on the BAT reference
documents. This can be the case if the high costs of reaching an emission
limit are considered to outweigh the environmental benefits, for example, due
to the geographical location, local environmental conditions, or the technical
characteristics of the plant.
• Inspections: EU member states need to conduct environmental inspections on
each site at least every 1–3 years.
• Public Participation: For the public to remain informed and able to participate
in the decision-making process, permit applications, permits, and emission
monitoring results need to be made publicly available.
3.4.2 EU Seveso Directive
Prompted by a catastrophic accident at a chemical plant in Seveso, Italy, in 1976, 1 ,
the Seveso Directive provides legislation to prevent and control major chemical
accidents in the EU (European Commission, 2017). In total, there have been three
Seveso Directives, with the original from 1982 having been replaced by the Seveso
II Directive in 1996 following, among other chemical disasters, the release of methyl
isocyanate in Bhopal, India, in 1984. This second version was then later replaced by
the Seveso III Directive in 2012 (Directive 2012/18/EU). The Seveso legislation
applies to industrial activities where dangerous substances in quantities exceeding
a certain threshold are present, but it excludes activities that are covered by other
legislation, such as nuclear power plants or transport of dangerous goods. Military
sites and extraction and mining operations are also excluded (European Union,
2012).
The core aim of the Seveso Directive is to establish an improvement cycle
comprising four elements: prevention, preparation, response, and lesson learning.
To achieve this, facility operators and EU member state authorities have several
obligations. These obligations follow a tiered approach: Where higher amounts
of dangerous substances are present, the industrial facilities are categorized as
higher tier and must comply with stricter requirements. Otherwise, facilities are
categorized as lower tier, and their requirements are less stringent. Site operators
are obliged to notify the authorities if their facility falls under the Seveso Directive.
This notification should include information on the substances in use or present
at the site (including quantity and physical form), the activity of the installation,
1 See Appendix A for information on this and other historic chemical accidents.