The Gazette 1994

GAZETTE

The Env i r onmen t al P r o t ec t i on

Agency: A Sea of Change in

Env i r onmen t al Law and Pr ac t i ce

By David Meehan, BCL, Solicitor

Calls for public inquiries into

pollution incidents brought the role of

the Environmental Protection Agency

(EPA) sharply into focus, barely a

fortnight after it was established by

ministerial order on 26 July 1993.'

While in this context it might appear

that the Agency is an investigatory

body, its nlain functions in fact relate

to pollution licensing, giving expert

advice to public authorities, and

facilitating public access to

information. Moreover, investigation

is only one element of its enforcement

powers and this enforcement will be

greatly assisted by the particularly

high penalties for criminal offences

committed under the EPA Act, 1992.

This article introduces the EPA and

surveys its impact on regulatory and

administrative aspects of

environmental protection in Ireland.

Institutional Matters

The EPA is a statutory body created

by Part II of the Environmental

Protection Agency Act, 1992. The

EPA itself comprises a Director

General and four directors, all five

being Government appointees. The

Agency's headquarters are located in

Wexford. It will, however, devolve

certain of its functions to regional

environmental units (section 43).

Where it feels that any of its functions

can be better performed by more

specialised units, the Agency may set

up committees (section 41).

The Advisory Committee

While the EPA is expected to exercise

its environmental protection functions

with a large degree of independence,

it is subject to a number of significant

influences. First, the EPA must take

on board recommendations of the

Advisory Committee (section 27).

This committee is composed of a

broad church of experts, practitioners

David Meehan, Solicitor.

and interest groups. It provides an

external perspective on, for example,

the Agency's general work

programme (section 28).

The EPA is to have regard to any

general policy directives on

environmental protection issued by

the Minister for the Environmental

(section 79). The Agency is also

obliged to consult with public

authorities and others as appropriate

(section 80).

Functions

The EPA's functions are concisely

outlined in section 52(1) of the Act.

Its principal roles are those of:

• licensing, regulating and controlling

certain activities;

• monitoring emissions and

environmental quality;

• collecting and disseminating

information; and

• providing support and advisory

services to public authorities.

The EPA is expected to conduct its

affairs in a spirit of cooperation. The

Agency is to appraise itself of the

relevant aims and policies of public

authorities and is to adhere to certain

general principles (section 52(2)). The

functions of the Agency are also

coloured by the need to balance costs

of environmental protection with

exigencies of "infrastructural,

economic and social progress and

development". These policy

considerations find a measure of

technical expression in the notion of

BATNEEC (best available technology

not entailing excessive cost).

Licensing - Integrated

Pollution

Control

The licensing innovation of the EPA

Act is the introduction by Part IV of

integrated pollution control (IPC).

This concept is not defined in any

single provision of the Act. However,

it is clear from sections 82 to 84 that

integrated pollution control is

designed as a comprehensive appraisal

of the recognised pollution impacts of

major industrial and agricultural

activities, with a view to preventing or

reducing environmental degradation.

Any person pursuing one of the

activities listed in the First Schedule

to the Act

must be in possession of an

IPC licence. The licence evaluation

process

is a complicated one in which

the EPA is to:

• have regard to management plans

for air quality, water quality and

waste, to noise regulations, and to

special control area orders;

• ensure that emissions do not (i)

contravene quality standards or

limit values, (ii) contravene section

106 noise regulations, or (iii) cause

significant pollution (section 83(3));

and

• apply BATNEEC.

Having decided to grant an IPC

licence, the EPA may attach

mandatory conditions.