Environmental Permitting Policy

Environmental Permitting Policy 1 BIJLAGE behorende bij de ministeriële beschikking van de 11de augustus 2020, houdende vaststelling van het Environmental Permitting Policy Bekendgemaakt in de Landscourant, editie no. 33, Jaargang 2020 Click here to enter text. Click here to enter text. Table of Contents 1. Introduction ................................................................................................................................ 4 2. Scope ............................................................................................................................................ 6 3. Nuisance permit requirements ................................................................................................. 7 4. Soil and Groundwater ............................................................................................................. 20 4.1 Soil Protection ........................................................................................................................... 20 4.2 Soil Quality (Contaminated Land Management) ................................................................. 21 5. Air and Odour .......................................................................................................................... 23 5.1 Emissions to Air ........................................................................................................................ 23 5.1.1 Refinery - Emission standards ................................................................................................ 23 5.1.2 Refinery – Perspective requirements ..................................................................................... 23 5.1.3 Utilities Plant – Emission standards ...................................................................................... 23 5.2 Ambient Air Quality ................................................................................................................ 25 5.3 Odour Exposure ....................................................................................................................... 26 6. Noise .......................................................................................................................................... 28 7. Environmental and Industrial Safety .................................................................................... 30 8. Water .......................................................................................................................................... 41 8.1 Ambient Water Quality ........................................................................................................... 41 8.2.1 Emission standards for separated wastewater streams ...................................................... 42 8.2.1.1 Emission levels utility plant (CRU) ........................................................................................ 43 8.2.1.2 Emission levels Cooling water ............................................................................................... 43 8.2.1.3 Emission levels refinery ........................................................................................................... 46 8.2.2.2 Emission levels Refinery.......................................................................................................... 51 8.2.2.3 Emission levels Cooling Water ............................................................................................... 52 8.2.2.4 Emission levels Oil terminal ................................................................................................... 52 8.3 Consideration required emission parameters ...................................................................... 53 9. Waste .......................................................................................................................................... 56 9.1 Waste management planning ................................................................................................. 58 Environmental Permitting Policy 2 9.2 Waste prevention ...................................................................................................................... 59 9.3 Waste separation ...................................................................................................................... 60 9.4 Waste Storage ............................................................................................................................ 60 9.5 Waste shipment ........................................................................................................................ 62 9.6 Waste treatment ........................................................................................................................ 62 9.7 Waste registration..................................................................................................................... 63 10. Energy Efficiency ...................................................................................................................... 64 Environmental Permitting Policy 3 Abbreviations μ μg/m3: Microgram per kubieke meter/ Micrograms per cubic meter B BBT/BAT: Beste Beschikbare Technieken/Best Available Techniques BES: Bonaire, Sint Eustatius, and Saba; the Caribbean Netherlands BRZO1: Besluit risico's zware ongevallen/ Risks of Major Accidents Decree C CRU: Curacao Refinery Utilities. E EHS: Environment (E), health (H) and safety (S) EPP: Environmental Permitting Policy EVRM2: Europees verdrag voor de rechten van de mens/ European Convention on Human Rights F FCCU: Fluid Catalytic Cracking Unit G GGZ/ GGD: Geneeskunde en Gezondheidszaken (dienst)/ Public health service GMN: Ministerie Gezondheid, Milieu en Natuur/ Ministry of Health, Environment and Nature H Hv3: Hinderverordening/ Nuisance Ordinance L LBham: Landsbesluit houdende algemene regels/ National Decree containing general rules Loo4: Landsverordening openbare orde/ National Ordinance Public Order Lv: Landsverordening/ National Ordinance M MEO: Ministerie Economische Ontwikkeling/ Ministry of Economic Development N NPL: Nationaal Programma Luchtkwaliteit/ National Programme on Ambient Air Quality P P.B.: Publicatieblad/ legal journal PGS5: Publicatiereeks Gevaarlijke Stoffen / Publication series of hazardous substances PM10: Particulate Matter S SO2: Sulphur Dioxide SRU: Sulphur recovery units T TSP: Total Suspended Particles V VVRP: Ministerie van Verkeer, Vervoer en Ruimtelijke Planning/ The Ministry of Traffic, Transport and Urban Planning W WBG: World Bank Group WHO: World Health Organization WJZ: Wetgeving en Juridische Zaken, Department of Legislation and Legal Affairs 1 Besluit risico's zware ongevallen 2015, te raadplegen op https://www.infomil.nl/onderwerpen/veiligheid/brzo-2015/. 2 Europees verdrag voor de rechten van de mens te raadplegen op https://www.echr.coe.int/Documents/Convention NLD.pdf. 3 Hinderverordening P.B. 2017, no. 67 te raadplegen op https://gobiernu.cw/wp content/uploads/2019/07/67. GT Hinderverordening Cura ao-1.pdf. 4 Landsbesluit, houdende algemene maatregelen, ter uitvoering van de Landverordening Openbare Orde, A.B. 2015, no. 31 te raadplegen op https://gobiernu.cw/wp-content/uploads/2019/07/P.B. 2015 no. 31.pdf. 5 Publicatiereeks Gevaarlijke Stoffen te raadplegen op https://publicatiereeksgevaarlijkestoffen.nl/ te raadplegen op https://publicatiereeksgevaarlijkestoffen.nl/. Environmental Permitting Policy 4 1. Introduction Curacao’s legislation encompasses limited standards or guidelines concerning certain environmental and safety aspects. Therefore, a broader vision is needed on standards that could reasonably be expected from for instance refinery, terminal and other operations of a certain size, environmental and societal context (or complexity). Therefore, a comprehensive Environmental Permitting Policy (hereafter cited as: EPP) is needed for drafting and enforcing environmental permits. The goal of the Environmental Permitting Policy is to implement a basis for norms, guidelines and standards for controlling and subsequently reducing adverse environmental impacts and risks caused by activities of the refinery, oil terminal as well as other activities mentioned in the National Decree, enacting general regulations (landsbesluit, houdende algemene maatregelen) in article 1 of the Nuisance Ordinance Curaçao 6 . Environmental permitting is a key instrument for reducing industry’s environmental impacts, facilitating its compliance with environmental requirements and promoting technological innovation. This policy serves also as a guideline, which aims to provide comprehensive assistance for those permitting, operating, regulating facilities that are covered by the Environmental Permitting Regulations in the National Decrees, enacting general regulations of the Nuisance Ordinance Decree A.B. 1994 no. 427 and 438 and Nuisance Ordinance Curaçao P.B. 2017 no. 67 (GT). The basis of the proposed policy is formed by the target values of the Dutch legal framework, predominantly based on the EU system (Best Available Techniques - BAT). The EU/NL legislative framework is generally considered a deliberate set of codes with a high protection level. Despite its strictness the EU/NL legislative framework also contains a certain bandwidth and provisions, e.g. through applying cost effectiveness methodology, equivalency principles and bubble concepts. The following legislative policies have been considered in order to draft the environmental permitting requirements for Curaçao: • Regional: applicable regulations and legal documents in Curaçao, BES territory and Aruba, including the “Eindrapport Milieunormen Nederlandse Antillen” 9 which has no official/legal status but is occasionally referred to (e.g. in Bonaire and Eustatius permits); 6 - Hinderverordening P.B. 2017, no. 67 te raadplegen op https://gobiernu.cw/wp content/uploads/2019/07/67. GT Hinderverordening Cura ao-1.pdf. 7 Landsbesluit, houdende algemene maatregelen, ter uitvoering van artikel 1, tweede lid, van de Hinderverordening Curaçao (A.B. 1994, no. 42). 8 8Landsbesluit, houdende algemene maatregelen, ter uitvoering van artikel 6 van de Hinderverordening Curaçao (A.B. 1994, no. 43). 9 Eindrapport Milieunormen Nederlandse Antillen,” Werkgroep Milieunormering Nederlandse Antillen, 2007. Environmental Permitting Policy 5 • Europe: applicable regulations and Directives in the European Union; • Netherlands: applicable regulations and legal documents in The Netherlands (and predominantly based on European legislation) ; • Global Standards: guidelines and standards published by the World Bank and World Health Organization. The GMN held a stakeholder expectation meeting in the summer of 2019 in order to start a stakeholder engagement process to receive insightful feedback and support for this trajectory. Note: To ensure the EPP is current and up to date, it will be reviewed every five years and updated if necessary. There will be in a few instances that some texts will appear in Dutch throughout the document to guarantee the accuracy and integrity of the provided information. Environmental Permitting Policy 6 2. Scope The EPP applies to the environmental polluting activities as mentioned in article 1 of A.B. no. 42 of the Nuisance Ordinance10. Environmental permits applications and procedures should be conducted according to the legal provisions prescribed in A.B. 43 of the Nuisance Ordinance Curacao 199411 and the environmental permitting requirements presented in section 3. This policy will be applied to the following environmental polluting activities, but is not limited to: Table 2-1 : Overview of environmental polluting activities Nuisance Ordinance Curaçao12 Provisions (leden) Type of activities Article 1 I Establishments where one or more electric motors and internal combustion engines are present. II Establishments where gases, poisonous, corrosive or explosive substances are present. III Establishments intended for the manufacture, processing and storage of explosive substances and for the storage of substances containing inorganic nitrates or organic peroxides. IV Establishments for the manufacture, processing, storage or transshipment of the substances, preparations or other products. V Establishments where petroleum or flammable substances are processed or are present. XIII Establishments for the manufacture, maintenance, repair, treatment of the surface. XX Establishments for the storage or transshipment of bulk goods. 10 Landsbesluit, houdende algemene maatregelen, ter uitvoering van artikel 1, tweede lid, van de Hinderverordening Curaçao (A.B. 1994, no. 42); 11 Landsbesluit, houdende algemene maatregelen, ter uitvoering van artikel 6 van de Hinderverordening Curaçao (A.B. 1994, no. 43); 12 Landsbesluit, houdende algemene maatregelen, ter uitvoering van artikel 1, tweede lid, van de Hinderverordening Curaçao (A.B. 1994, no. 42. Environmental Permitting Policy 7 3. Nuisance permit requirements A permit is a decision / decree by the GMN that is based on a permit application submitted by the new permit holder. Drafting a permit application is the responsibility of the new permit holder within a collaborative process with the GMN. If the application fulfils all legal requirements, it will be accepted by the GMN and drafting of the permit can be started. Typically, the outline of a permit is as follows: 1. Legal considerations followed by the formal decision (e.g. Hindervergunning ISLA); 2. Advice from authorities and its legal advisors as stated in the Hinderverordening; 3. Preamble (“Nota van Argumentatie”) on the application and the effects on the permit requirements as well as a justification and explanation of the chosen standards and requirements; 4. Set of requirements: general requirements and (target and prescriptive) requirements per environmental subject; 5. Report of views from stakeholders (“zienswijzen”) and the response/vision from the competent authority on these views. General requirements The permit will contain a general management techniques chapter with subsequent chapters containing prescriptive requirements about a range of subjects, e.g. soil, air and odour, noise, waste, safety, water, energy efficiency. Purpose of these requirements is to produce a tool to enable the adoption of good environmental management techniques and practices, e.g. BAT, in order to minimize the impact on the environment. For example, this could be a requirement demanding the establishment to keep the site clean, well-organized and well-maintained. Non-compliance with these conditions with an associated negative impact on the environment can be required to be corrected by the authorities. Furthermore, this chapter of the permit provides requirements of a more general aspect of the environmental protection, e.g. implementing and maintaining an environmental management system (based on e.g. ISO 14001 standards). The environmental impact of the facilities is required to be (fully) clear in the permit application phase. However, improvement conditions are included in permits that should result in reducing an installation’s environmental impact including the requirement to Environmental Permitting Policy 8 investigate/survey this impact, leading to improved protection of the environment in the future. BAT Assessment An important general requirement will be the obligation to operate in accordance with the relevant BAT conclusions as defined in European BAT Reference documents (mentioned in Annex 1) and other relevant guidelines (as mentioned in the several chapters of this policy). Therefore, a BAT assessment should be part of the permit application by a (new) permit holder. BAT Conclusions include either Associated Emission Levels under normal operations (so called BATAELs) or describe techniques and/or performance levels (e.g. energy efficiency, monitoring, environmental management systems etc.). BAT Reference Documents do not set legally binding standards. BREF’s provide guidance to both industry and authorities, BAT is established locally on a case by-case basis. Therefore, BAT may vary from place to place depending on local circumstances. BREFs do not prescribe techniques or emission limit values. Based on the BAT Assessment the GMN must regulate emission limits in a permit, taking into account: the technical characteristics of the installation (applied techniques and design, age installations etc.); its geographical location (differences in geography, meteorology, soil types, availability of water etc.); local environmental conditions (proximity of buildings and industrial activities, availability waste facilities etc.). According to Article 15 of the Industrial Emissions Directive (IED)13 less strict emission limit values are accepted by the GMN on the condition best available techniques lead to disproportionately higher costs compared to the environmental benefits due to the geographical location, the local environmental conditions or the technical characteristics of the installations (see figure below). 13 Directive 2010/75/EU on industrial emissions (integrated pollution prevention and control),” The European Parliament and the Council, 2010 Environmental Permitting Policy 9 Figure 1: Article 15 Industrial Emissions Directive Target requirements A permit consists of target requirements for each environmental aspect (e.g. air, water and land) originating from different Regulations, Guidelines and Standards. These target requirements form part of the policy. The guides and standards appointed in a specific legislative framework (legislative system) originate from several (inter)national sources (e.g. NEN-EN, ISO, API, ASME) but are tied to each other and applied in a non-conflicting way. Guides and standards often provide a bandwidth in quantitative requirements: target values for a desired situation where impact/nuisance is imperceptible or negligible (commonly referred to as “streefwaarden”); guidance values for an acceptable standard situation (commonly referred to as “richtwaarden”); limit (or intervention) values as a minimum standard (commonly referred to as “grenswaarden” or “interventiewaarden”). Environmental Permitting Policy 10 Note: WHO also uses the concept of interim targets. These interim targets have shown to be achievable with successive and sustained abatement measures . Interim targets can be helpful in gauging progress over time in the process of steadily reducing population exposures. Prescriptive requirements As well as target requirements a permit contains a large number of prescriptive requirements. The requirements to be included in a permit depend on the permit application, the legislative framework and the ambition, i.e. Objectives, of the GMN. Prescriptive requirements contain mandatory behaviours, prohibited behaviours, means to improve environmental impact, monitoring, safety aspects and assignments to report measures or target values. The European BAT Reference documents (BREF) and the BAT Conclusions, contain a large number of measures to avoid or minimize negative impact on the environment. This also applies to other documents such as the guidelines with safety requirements related to storage of hazardous substances (see section 7). The applicable measures, dependent on substances and storage facilities, will be part of a set of prescriptive measures in the permit. In the following chapters, the system of permitting for the (most) relevant environmental aspects is presented, together with the relevant BREF documents or other codes and standards. A set of prescriptive requirements can/will be part of the permit depending on the permit application by a (new) permit and in relation to the applicable target requirements. Reading Guide and Summary Table In the following Chapters in the policy is described for the aspects: Chapter 4. Soil and Groundwater Chapter 5. Air and Odour Chapter 6. Noise Chapter 7. Environmental and Industrial safety Chapter 8. Water Chapter 9. Waste Chapter 10. Energy Efficiency Environmental Permitting Policy 11 The table below provides an overview of the Environmental and Safety Aspects, which are relevant for the EPP. For each aspect presented, as well as the methodology. The column containing an indication of the time a new permit holder would need to present these requirements and/or implement a methodology (mostly an investigation or study). All information is available when a permit application is submitted to the GMN. Based on this information, the GMN can decide on the application and define the permit requirements. Environmental Permitting Policy 12 Table 3-1: Summary Table Topic Key Aspect Objective Methodology Indication lead time General Best Available Techniques The facilities must operate in accordance with the relevant BAT conclusions as defined in European BAT Reference documents (mentioned in Appendix 1) and other relevant guidelines (as mentioned in the several chapters of this policy). A BAT assessment must be part of the permit application by a (new) permit holder. As well as European BAT Reference documents several other documents can be considered relevant. These documents will be referred to in this policy. BAT Assessment regarding to – at least – activities mentioned in Annex I of Industrial Emissions Directive (IED). An overview of applicable BAT Reference Documents is provided in Appendix 1. 6-12 months Soil and Groundwater Quality soil and groundwater Contaminated lands must be managed in order to avoid risks to human health (immediate or chronical negative health effects) and ecological receptors (deterioration of biodiversity, disturbance of biological cycles, bioaccumulation). The strategy for land remediation is to reduce the level of contamination at the site while preventing human exposure and spreading of contamination. To determine whether risk management actions are warranted the permit holder must conduct a (risk based) baseline soil and groundwater assessment/investigation and take measures to contain any soil contamination within its site boundaries and prevent spreading of contamination towards other environmental media (i.e. surface water). Regeling bodemkwaliteit (article 4.3.4 of this Decree refers to standard NEN 5740:2009 + A1:2016 – Strategy for exploratory survey; investigation of the environmental quality of soil and soil lots). An equivalent methodology (e.g. ASTM Environmental Site Assessment), can be agreed upon by the GMN. 12 months Environmental Permitting Policy 13 Soil protection A level of “negligible risk” of soil contamination through spreading of released substances during soil threatening activities must be established. A Soil Risk Analysis must be conducted to identify the soil threatening activities and to assess to what extent a negligible soil risk is realized with present facilities and measures. If the Soil Risk Analysis concludes that in defined areas no negligible risk of soil contamination exists, measures and facilities must be implemented to realize such negligible risk. The time frame for realizing additional measures and facilities must be discussed and agreed with by the GMN. If a negligible soil risk is reasonably unfeasible, Nederlandse richtlijn bodembescherming 2012 (NRB 2012) An equivalent methodology can be agreed upon by the GMN. 6 months Air and Odour an “acceptable” soil risk can be agreed upon, provided that inspection schemes and a monitoring system are in place. Proper and immediate remedial action must be undertaken in the event of a new contamination event or source. Air Emissions Adverse public health effects to urban population must be minimized through regulating air emissions at both point and fugitive emission sources to an acceptable level. Air Emission standards are proposed in section 5. Assessment to proposed standards, through measurements and/or calculations according to the regulations as proposed in Appendix 2, 3, and 4. 6-9 months Ambient Air Quality Public health (reception of negative health effects causing pollutants in the air at ground level) must be protected by regulating concentrations of pollutants in the air caused by industrial installations. Ambient Air Quality standards regarding SO2, NO2, PM10, PM2.5, Nickel and Benzene are proposed in section 5. Assessment to proposed standards, through measurements and/or calculations according to the regulations as proposed in Appendix 1. 6-9 months Environmental Permitting Policy 14 Noise Odour emission from all point and fugitive sources Odour impact at (populated) surrounding areas is regulated through emissions standards for odorous substances and target levels for odour units (“geureenheden”). Current odour situation should be investigated. Odour immission standards are proposed in section 5.3. Assessment to proposed standards, through measurements and/or calculations according to the regulations as proposed in Appendix 2, 3 and 4. 6-9 months Impact on sensitive objects Risk to human health of long-term noise disturbance on receptors (residential, institutional, educational) must be prevented through regulating noise emission levels. Limit or intervention values for equivalent noise levels (LAeq) and maximum sound pressure levels (LAmax) are provided in section 6. Handleiding meten en rekenen industrielawaai, 1999 An equivalent methodology is required to be agreed upon by the GMN such as: IEC 61672-1, IEC61042 en IEC60943 (Standards for measuring equipment) DIN45635-8,14,47 (Standards for measuring sound sources) DIN EN 12345-4 (building acoustics) ISO 3740, 3744, 3746 (standards for calculating sound sources) ISO 9614-2 (Standards for sound intensity measurement methods) 3 months Environmental Permitting Policy 15 Environmental and Industrial Safety Safety Report / Safety Management System In order to prevent and reduce the risk of major accidents and to enable the necessary steps to limit the consequences thereof, a permit holder must submit a Safety Report containing details of: • the establishment • the dangerous substances present • the installation or storage facilities • possible major-accident scenarios and risk analysis, • prevention and intervention measures and the management systems available. Furthermore, a permit holder must document and implement a Safety Management System based on its Major Accident Prevention Policy (MAPP). Internal and external emergency plans must be available, including an assessment of the requirement to maintain an internal fire response team on the installation. PGS 6 Guideline (Aanwijzingen voor de implementatie van het Brzo 2015), version 2016. NTA 8620 (Werkwijzer bedrijfsbrandweer). 12-24 months External Safety Risk Assessment The risks of major accidents with hazardous substances must be visualized by means of a Quantitative Risk Analysis (QRA) including a: • Site-specific Risk Contour (“plaatsgebonden risico” – PR”) indicating the probability that a fatal accident occurs at a certain place over a period of one year as a direct consequence of an incident with hazardous substances if a person were to be present 24 hours a day and unprotected at that site; • Group Risk Contour (“groeprisico” – GR): the probability that a group of people who are in the vicinity of the risk situation will be fatally injured by a single accident or event involving dangerous substances; the GR is nonnormative and must be justified as socially acceptable given the scale and probability of the disaster Besluit externe veiligheid inrichtingen (Bevi). Handleiding Risicoberekeningen Bevi (English translation available on: https://www.rivm.nl/documenten/referencemanual bevi-risk-assessments-version-32) The software used for the modelling of quantitative risks (Safeti-NL) is internationally applied. An equivalent methodology can be agreed upon by the GMN. 6-9 months https://www.rivm.nl/documenten/reference-manual-bevi-risk-assessments-version-32 https://www.rivm.nl/documenten/reference-manual-bevi-risk-assessments-version-32 https://www.rivm.nl/documenten/reference-manual-bevi-risk-assessments-version-32 https://www.rivm.nl/documenten/reference-manual-bevi-risk-assessments-version-32 Environmental Permitting Policy 16 Aquatic Environmental Risk Assessment To protect the aquatic environment risks caused by unexpected incidents must be assessed. An Environmental Risk Assessment (ERA) must be conducted to determine these risks and define mitigating actions. Results are required to be reported in the form of frequency consequence graphs. Risk assessment model (Proteus) as developed by the Dutch Committee for Integrated Water Management. Integrale aanpak van risico’s van onvoorziene lozingen, CIW, 2000 Beoordelingskader van Rijkswaterstaat betreffende restrisico’s van onvoorziene lozingen, Rijkswaterstaat, 2012 An equivalent methodology can be agreed upon by the GMN 6-9 months Fire Safety The effect of a fire must be limited by providing facilities and organizational means • NFPA 11: Standard for Low-, Medium and High-Expansion Foam • NFPA 15: Standard for Water Spray Fixed Systems for Fire Protection • NFPA 20: Standard for the Installation of Stationary Pumps for Fire Protection • NFPA 24: Standard for the Installation of Private Fire Service Mains and Their Appurtenances • NFPA 25: Standard for the Inspection, Testing, and Maintenance of Water Based Fire Protection Systems • NFPA 30: Flammable and Combustible Liquids Code • NFPA 1911: Standard for the Inspection, Maintenance, Testing, and Retirement of In-Service Emergency Vehicles • NFPA 1962: Standard for the Care, Use, Inspection, Service Testing, and Replacement of Fire Hose, Couplings, Nozzles, and Fire Hose Appliances Environmental Permitting Policy 17 Safety of storage of hazardous substances Prevention and mitigation of risks for the environment, fire safety and occupational safety (human safety) + regulation of emergency response in case of incidents (spills, leakage, loss of containment, fire, explosions etc.). • PGS 9: 2014 version (storage of cryogenic gases) • PGS 12: 2014 version (storage of ammonia) • PGS 15: 2016 version (storage prepacked hazardous substances) 6-9 months Water • PGS 18: 2013 version (storage of LPG) • PGS 19: 2014 version (storage of propane and butane) • PGS 30: 2011 version (Storage of liquid fuels and mineral oils in aboveground storage tanks, not exceeding 150 m3 per tank) • PGS 29: 2008 version (storage of flammable liquids in cylindrical tanks exceeding 150 m3 per tank) • PGS 31: 2018 version (storage of other chemicals in aboveground and underground storage tanks not exceeding 150 m3 per tank) An equivalent methodology can be agreed upon by the GMN Ambient Water Quality Risks to human health (immediate or chronical negative health effects), ecology (deterioration of biodiversity, disturbance of biological cycles, bioaccumulation) by (i) oxygen depletion, (ii) toxicity and (iii) low light penetration must – at least – be maintained through regulating to acceptable discharge limits. Ambient Water Quality standards regarding Dissolved Oxygen, Total-N, Total-P, Fecal Coli, Oil and Grease, Visibility, Suspended Solids and pH are proposed in Section 8.1. Handboek Immissietoets 2016 (adjusted to local conditions) An equivalent methodology can be agreed upon by the GMN. 12 months Environmental Permitting Policy 18 Water emissions Risks to human health due to contamination of storm water, tank bottom water, process water streams and other waste streams must be prevented or reduced as far as reasonably possible. Liquid effluents along industrial, utility, sanitary, and stormwater categories must be segregated in order to limit the volume of water requiring specialized treatment. Opportunities must be identified to prevent or reduce wastewater pollution through measures such as recycle/reuse within their facility, input substitution, or process modification (e.g. change of technology or operating conditions/modes). • WBG: EHS Guidelines for Crude Oil and Petroleum Product Terminals (2007) WBG: EHS Guidelines Petroleum Refinery (2016) • BREF Emissions from Storage (EFS) • BREF Industrial Cooling Systems • BREF Common Waste Water and Waste Gas Treatment/Management Systems in the Chemical Sector • BREF Large Combustion Plants • BREF Refining of Mineral Oil and Gas 12 months Compliance of wastewater discharges must be assessed with the applicable: (i) discharge standard (if the wastewater is discharged to a surface water or sewer), and (ii) water quality standard for a specific reuse (e.g. if the wastewater is reused for irrigation). Water Emission standards for COD, Ammonia, Total-N, Total-P, Mineral Oil, Suspended Solids, pH and Dissolved Oxygen are proposed in Section 8. Algemene Beoordelingsmethodiek (ABM) 2016 General Assessment Methodology (GAM). Environmental Permitting Policy 19 Waste Energy Waste Human health and environment must be protected against harmful effects caused by the collection, transport, treatment, storage and disposal of waste. A Waste Management Plan (WMP) must be implemented, describing at least the following aspects: waste types, amounts, separation and storage, treatment (Recovery/Disposal), goals and objectives (KPI), managerial responsibilities, training and communication, on-site transport and logistics, monitoring, registration and evaluation A Waste Prevention Survey and Plan must be conducted covering the following aspects: baseline study and root cause analysis of the waste types and amounts, inventory and assessment of (historical, current and) future waste prevention options. • WBG: EHS Guidelines Waste management • WBG: EHS Guidelines for Crude Oil and Petroleum Product Terminals • WBG: EHS Guidelines Petroleum Refinery • Basel / Stockholm / Rotterdam Convention 6-9 months Energy-Efficiency Energy Efficiency and reduction of the emission of Green House Gases (GHG) must be realized through applying BAT and conducting Energy Efficiency Audits in order to: • obtain adequate knowledge of the existing energy consumption profile • identify and quantify cost-effective energy savings opportunities • report and monitor on findings European Energy Efficiency Directive 6 months Environmental Permitting Policy 20 4. Soil and Groundwater 4.1 Soil Protection The following permit conditions and standards are required for existing operations: 1 A Soil Risk Analysis must be conducted to identify soil threatening activities and to assess to what extent a negligible soil risk is or can be realized with present facilities and control measures; 2 This Soil Risk Analysis must be conducted in accordance to the methodology as described in the Dutch guideline “Nederlandse Richtlijn Bodembescherming – NRB 2012” or an equivalent methodology, to be agreed upon with the Executive Organization of Environment and Nature Management; 3 Measures and facilities need to be implemented to realize a desirable negligible soil risk as identified in the Soil Risk Analysis. The time frame for realizing additional measures and facilities must be discussed with and agreed by the Executive Organization of Environment and Nature Management; 4 An operational (environmental) management system must be implemented that aims to minimize the risk and occurrence of soil contamination at the site. Management system should include: 4.1 An effective inspection and maintenance program on soil protection facilities and other potential sources of contamination to soil and groundwater should be implemented; 4.2 A spill response procedure, aimed at minimizing and proper and effective handling of spills should be implemented; 4.3 Operation of an incident database for all observed spills and underground pipe and tank leaks. The following permit conditions and standards are required for future developments on site: 5 In case of any changes to the existing installation, or any new developments on site, the Soil Risk Analysis shall be performed during the development stage to identify all soil threatening activities. Any mitigation measures to comply with a negligible soil risk shall be included in the design of the project and implemented during construction. Environmental Permitting Policy 21 4.2 Soil Quality (Contaminated Land Management) The following conditions and standards are required to manage contaminated land issues, in terms of the risks towards both humans and ecology (both on-site and off-site) for existing operations: 1 The permit holder must conduct a baseline soil and groundwater investigation, in line with Dutch Soil Quality Regulation14. Article 4.3.4 of this Decree refers to a standard on Strategy for Exploratory Surveys: NEN 5740. Due to specific geological circumstances the permit holder can deviate from this standard or apply an equivalent methodology (e.g. ASTM on Environmental Site Assessments), bur must be agreed upon with the Executive Organization of Environment and Nature Management; 2 The baseline soil and groundwater investigation must identify any impact of the industrial activities on soil and groundwater quality, both on-site and off-site, and the related potential risks to humans and the environment. Investigation efforts off-site shall focus on identifying any potential impact related to the off-site migration of industry related contaminants from installations; 3 The baseline investigation should be assessed by the competent authority, who may require additional investigation, mitigation or remediation actions; 4 The permit holder should take practicable measures to contain any soil contamination within its site boundaries and prevent spreading of contamination towards other environmental media (i.e. surface water); 5 The permit holder should take proper and immediate remedial action in the event of new contamination. The following conditions and standards are required for future developments on-site: 6 In case of any new developments on land plots, whether brownfield or greenfield sites, a baseline soil and groundwater investigation should be performed in line with Dutch legislative requirements; 14 The Soil Protection Act (Wet bodembescherming - Wbb) and the Environmental Protection Act (Wet milieubeheer - Wm), The Netherlands Soil Protection Guideline for Industrial Activities (Nederlandse Richtlijn voor Bodemscherming – NRB). Environmental Permitting Policy 22 7 The baseline investigation should be assessed by the competent authority, who may require additional investigation, mitigation or remediation actions prior to the implementation of the new development; 8 The permit holder should take practicable measures to remediate any (historical) soil contamination in the area of a new development to mitigate any (future) risks to spreading of contamination. Environmental Permitting Policy 23 5. Air and Odour 5.1 Emissions to Air 5.1.1 Refinery - Emission standards The table below summarizes the Associated Emissions Levels (BAT-AEL) related to the BAT Conclusions for Refining Oil and Mineral Gas. These values are the primary values according to the BREF REF (as described in Appendix 2). These emission levels are cautiously considered before adopting them directly as legally binding standards for Curaçao. Table 5-1: Emission standards for the refinery NOx (as NO2) [mg/Nm3] 1) Dust 2) [mg/Nm3] 1) SO2 [mg/Nm3] 1) CO [mg/Nm3] 1) Catalytic cracking process 100 – 300 10 – 50 100 – 800 Combustion units – multi fuel fired 30 – 300 5 – 50 35 – 600 100 Combustion units – gas fired 30 – 150 - 5 – 35 100 1) Based on a reference oxygen condition of 3% by volume.  When continuous measurements are performed, emission levels refer to monthly average values  When periodic measurement is performed, emission levels refer to the average of three samples taken during at least 30 minutes each (3x30 min). 2) The component ‘dust’ is used in the BREF, meaning the same as Particulate Matter (PM), being all airborne PM sizes. 5.1.2 Refinery – Perspective requirements The relevant prescriptive requirements from the BAT Conclusions for Refining Oil and Mineral Gas are presented in Appendix I (BAT Conclusions). 5.1.3 Utilities Plant – Emission standards The table below summarizes the Associated Emissions Levels (BAT-AEL) related to the BAT Conclusions for Large Combustions Plants. These values are primary values according to the BREF with its corresponding averaging period. It should be noted that because the BREF applies in Europe, these emission levels should be carefully considered before adopting them directly as legally based standards for Curaçao. Environmental Permitting Policy 24 Table 5-2: Emission standards for combustion installations of the utilities plant NOx (as NO2) [mg/Nm3] 1) Dust [mg/Nm3] 1) SO2 [mg/Nm3] 1) CO [mg/Nm3] 1) Boilers (in plant < 100 MWth) Heavy Fuel Oil / Asphalt 150 – 270 (year) 210 – 330 (day) 2 – 20 (year) 7 – 22 (day) 50 – 175 (year) 150 – 200 (day) 10 – 30 (year) Boilers (in plant > 100 MWth) Heavy Fuel Oil / Asphalt 45 – 100 (year) 85 110 (day) 10 – 20 (year) Boilers (in plant < 300 MWth) Heavy Fuel Oil / Asphalt Boilers (in plant > 300 MWth) Heavy Fuel Oil / Asphalt 2 – 10 (year) 7 – 11 (day) 50 – 110 (year) 150 – 165 (day) Gas Turbines Gas oil No standard 2 – 5 (year) 2 – 10 (day) 35 – 60 (year) 50 – 66 (day) No standard 1) Boilers: Based on a reference oxygen condition of 3% by volume. Gas Turbine: Based on a reference oxygen condition of 15% by volume. Utilities Plant - Prescriptive requirements The relevant prescriptive requirements from the BAT Conclusion for Large Combustions Plants are presented in Appendix 3. Oil terminal - Emission standards There are no Associated Emissions Levels (BAT-AEL) for the installations and tanks at the oil terminal, because there are no channeled emissions on the oil terminal (linked to the oil storage and handling processes). Therefore, also no standards are adopted in this policy. Oil terminal - Prescriptive requirements All relevant prescriptive requirements from the BREF Emissions from Storage are presented in Appendix 4. (The most) relevant BAT Conclusions are:  Emissions from storage, transfer and handling that have a significant negative environmental effect should be abated;  Volatile liquids (or sludge) are stored in covered tanks (with possible a vapor treatment installation);  Tanks containing volatile liquid hydrocarbon compounds are equipped with a floating roof; Leaks should be prevented and detected (possibly by measurements). Environmental Permitting Policy 25 5.2 Ambient Air Quality The following Ambient Air Quality standards levels serve as guidelines and will be determined by the GMN which standard is suitable for each permit holder. Table 5-3: Ambient Air Quality Standards Component Averaging period Standard [μg/m3] Exceedances SO2 Annual (aspiration level) 20 no exceedances allowed Annual 50 no exceedances allowed Annual (interim target 2) 90 no exceedances allowed Annual (interim target 1) 80 no exceedances allowed 24-Hour 125 max. 3 exceedances per year allowed 1-Hour 350 max. 24 exceedances per year allowed NO2 Annual 40 no exceedances allowed 1-Hour 200 max. 18 exceedances per year allowed PM10 Annual 40 no exceedances allowed 24-Hour 50 max. 35 exceedances per year allowed PM2.5 Annual 25 no exceedances allowed 24-Hour 35 35 exceedances per year allowed Nickel Annual 0.02 no exceedances allowed Benzene Annual 5 no exceedances allowed Important Note: the value (concentration) of an ambient air quality standard must be interpreted as the existing ambient concentration at a certain location, averaged over a certain time period. The existing ambient concentration is therefore the combined contribution from all emission sources (refinery + utilities plant + Aqualectra + traffic + other sources). The standards apply at any location on the island that is freely accessible to the public and where people may be exposed for the period of time relevant to the averaging period of the standard. It is not preferable that the ambient concentrations is ‘filled’ by just one emission source / permit (holder). Environmental Permitting Policy 26 5.3 Odour Exposure The following odour (immission) standards are required: Table 5-4: Odour immission standards Odour sensitive locations “Living / Urban” “Working / Rural” Odour concentration in ou/m3 as: Aspire level Limit level Aspire level Limit level 98-percentile 0.5 5 1.5 10 99.9-percentile 2 10 6 20 However, the GMN can also require effort from the facilities to meet the following general principle: reduction of existing odour nuisance and avoidance of new odour nuisance. It is required to adopt both standards as the general principle as requirement in a new permit. With respect to avoidance of new odour nuisance, an explicit task lies with the authorities. As an example, it should be considered whether new houses will be allowed to be built in areas whit a known odour nuisance. This also applies for (existing) sensitive locations such as schools. The BREF documents (Refining Oil and Mineral Gas, Large Combustions Plants, Emissions from Storage) should be considered because it includes prescriptive requirements on odour prevention/reduction. This applies to all the facilities (refinery, utilities plant and the oil terminal). Reference is made to the relevant BAT conclusions in Appendix 2, 3 and 4. Odour (exposure) standards are required on any location on the island, with the following exceptions: • On workplaces/facilities where other health and safety regulations apply; • On locations with restricted public access. Separate regulations might apply; • On public roads. Environmental Permitting Policy 27 In case source measurements are performed to determine the odour exposure, the following should be taken into account: • an odour sample should be taken directly at the source in an odour-free and inert material container (like nalophaan bags, stainless steel cylinders etc.) in order to analyse the odour with an olfactometer; • An olfactometer is a device which can dilute the odour sample and present the diluted odour to an odour panel at reproduceable circumstances; • The factor of dilution necessary to reach the odour threshold determines the odour concentration; • For more details, reference is made to the (Dutch) document NTA 906515. In case (dispersion) calculations are performed to determine the odour exposure, the following should be taken into account: • Physical properties of the source, emission properties and properties of the surrounding; • Concentrations are calculated at the border of the facility/facilities; • The Dutch ‘standaard methode 3’ for dispersion calculations, or an equivalent dispersion calculation method (such as the US EPA AERMOD) should be used. To determine odour exposure the so called ‘sniffing method’ can be used as an alternative for source measurements combined with dispersion calculations. This involves a sniffing panel moving at ground level to indicate the odour threshold and other odour concentrations in the surrounding area. The recorded odour value must be made by more than one experienced field technician, and a transect (at different distances from a potential odour source) is used to verify the findings. Basically, the sniffing method requires the determination of the maximum distance at which the odour emitted from the source can be detected by the panel. 15 NTA 9065: Luchtkwaliteit - Geurmetingen - Meten en rekenen geur,” Nederlands Normalisatie Instituut, 2012. Environmental Permitting Policy 28 6. Noise The following noise levels are required. These levels are based on the Dutch noise regulations but applied to the local situation within Curaçao. Refineries and tank terminals in the Netherlands are only allowed on industrial sites with a noise zoning system. Therefore, the Dutch regulation cannot be adopted and implemented in the same way on Curaçao. Table 6-1: Proposed LAeq and LAmax noise levels Schottegat industrial area Proposed noise values for permitting on the Schottegat industrial site (equivalent sound pressure levels in dB(A) and maximum sound pressure levels in dB(A) ‘fast’). Type Daytime (7 am – 7 pm) Evening (7 pm – 11 pm) Night time (11 pm – 7 am) LAeq LDEN Target value 50 45 40 Intervention value 55 50 45 Harbour related activities 60 55 50 Noise sensitive receptors (schools, hospitals, nursery homes) 60 55 50 Cumulated for all activities on Schottegat industrial area 65 60 55 LAmax 70 65 60 The Dutch regulation has a separate intervention value for industrial sites with mostly harbor related activities, which are mainly practiced in open air (e.g. such as the ports of Rotterdam and Amsterdam). The industrial site Schottegat can be appointed as a site with harbor related activities comparable to the Rotterdam and Amsterdam situation. Protected buildings such as schools, hospitals and nursery homes (as well as kindergartens etc.) are also subject to restricted noise levels, but to a less demanding scale, because these buildings can be designed/constructed with more advanced noise attenuation. Noise values inside homes and protected buildings are not provided in a permit but should not be more than 35 dB(A) during daytime, 30 dB(A) during evening and 25 dB(A) during night time with closed doors and windows. For existing homes and buildings, a 5 dB higher value can be taken in consideration. Environmental Permitting Policy 29 These values are used for the most relevant noise situation on a daily base. Noise studies can be conducted according to the Dutch standard like those adopted in the regional standard for the Dutch Caribbean Islands 16 . However, this standard is not fully applicable for areas with hills and mountains. Also, the meteorological adjustments made in this standard only apply to the Dutch situation. The geological and meteorological conditions have to be adjusted during noise measurements and calculations according to the Dutch standards. An equivalent methodology must be used to calculate and measure noise levels, to be agreed upon with the GMN. Following standards provide adequate alternatives: • IEC 61672-1, IEC61042 and IEC60943 (Standards for measuring equipment); • DIN45635-8,14,47 (Standards for measuring sound sources); • DIN EN 12345-4 (Building acoustics); • ISO 3740, 3744, 3746 (Standards for calculating sound sources); • ISO 9614-2 (Standards for sound intensity measurement methods). The target value for equivalent noise levels for industrial noise is set to 50 dB(A) during daytime, 45 dB(A) during evening and 40 dB(A) during night time. The timeframe for these levels is 12 hours between 7 am and 7 pm, 4 hours during 7 pm until 11 pm and 8 hours between 11 pm and 7 am. These target levels apply to the most noise situations on a daily basis.. 16 Curaçao, Aruba, St. Maarten, BES islands Environmental Permitting Policy 30 7. Environmental and Industrial Safety Facilities are required to be regulated under Seveso III17 if hazardous or toxic substances are stored or used in an amount above a defined set of Controlled Quantities. The permit holder is obliged to submit a Safety Report according to PGS 6 Guideline according to the Brzo 201518. The safety report should contain details of the establishment, the dangerous substances present, the installation’s storage facilities, possible major accident scenarios and risk analyses, prevention and intervention measures and the management systems available, in order to prevent and reduce the risk of major accidents and to enable the necessary steps to be taken to limit the consequences thereof. The Permit holder is required to submit a Quantitative Risk Analysis (QRA) and an Environmental Risk Analysis (ERA) to be included in the Safety Report (being part of a permit application). The objective of a Quantitative Risk Analysis (QRA) is to determine the: • Site-specific Risk contour (“plaatsgebonden risico” - PR”) indicating the probability that a fatal accident occurs at a certain place over a period of one year as a direct consequence of an incident with hazardous substances if a person were to be present 24 hours a day and unprotected at that location; the Dutch standard used for this risk [51]) is 1x10-6 per year (i.e. a chance of 1 in a million per year); • Group Risk contour (”groeprisico” – GR): the probability that a group of people in the vicinity of the risk situation will be fatally injured in the same event or accident involving dangerous substances; according to a non-normative approach the GR must be justified as socially acceptable given the scale and probability of the disaster. The QRA methodology is described in “Handleiding Risicoberekeningen Bevi19”.An English translation is available on: https://www.rivm.nl/documenten/reference-manual-bevi-risk 17 The Seveso-III-Directive (2012/18/EU) aims at the prevention of major accidents involving dangerous substances, European Union https://ec.europa.eu/environment/seveso/, 18 PGS 6: Aanwijzingen voor de implementatie van het Brzo 2015,” Publicatiereeks Gevaarlijke Stoffen, 1 Nov 2016 19 Handleiding Risicoberekeningen Bevi,” Rijksinstituut voor Volksgezondheid (RIVM), 2017 / 2019. Environmental Permitting Policy 31 assessments-version-32. An equivalent methodology can be used, to be agreed upon with the Executive Organization of Environment and Nature Management. The objective of an Environmental Risk Analysis (ERA) is to quantitatively determine the threats to people and the aquatic environment, the mitigation measures and precautions taken in case of unforeseen discharges. In regard to fire safety, the permit holder needs to comply with the National Fire Protection Association (NFPA) codes and standards as mentioned in the current Nuisance Permit, being: • NFPA 11: Standard for Low-, Medium-, and High-Expansion Foam; • NFPA 15: Standard for Water Spray Fixed Systems for Fire Protection; • NFPA 20: Standard for the Installation of Stationary Pumps for Fire Protection; • NFPA 24: Standard for the Installation of Private Fire Service Mains and Their Appurtenances; • NFPA 25: Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems; • NFPA 30: Flammable and Combustible Liquids Code; • NFPA 1911: Standard for the Inspection, Maintenance, Testing, and Retirement of In-Service Emergency Vehicles; • NFPA 1962: Standard for the Care, Use, Inspection, Service Testing, and Replacement of Fire Hose, Couplings, Nozzles, and Fire Hose Appliances. The permit holder needs to adopt PGS Guidelines below to regulate the storage and safety of hazardous substances20, if applicable: • PGS 9 (2014 version) for storage of cryogenic gases; • PGS 12 (2014 version) for storage of ammonia; • PGS 15 (2016 version) for storage of prepacked hazardous substances; • PGS 18 (2013 version) for storage of LPG; • PGS 19 (2014 version) for storage of propane and butane; 20 It is assumed that in current operations all hazardous substances are stored aboveground. If liquid fuels and mineral oils would be stored in underground storage tanks (UST), not exceeding 150 m3 per tank, PGS 28 Guideline (2011 version) is required. https://www.rivm.nl/documenten/reference-manual-bevi-risk-assessments-version-32 Environmental Permitting Policy 32 • PGS 30 (2011 version) for storage of liquid fuels and mineral oils in aboveground storage tanks (AST), not exceeding 150 m3 per tank; • PGS 29 (2008 version) for storage of flammable liquids in cylindrical tanks exceeding 150 m3 per tank; • PGS 31 (2018 version) for storage of other chemicals in aboveground and underground storage tanks not exceeding 150 m3 per tank. Additional requirements can be added based on the advice of the Fire Department of Curacao. External safety: Quantitative Risk Analysis In accordance with The External Safety Establishments Decree (hereinafter referred to as: Besluit externe veiligheid inrichtingen - Bevi)21, the basis of current risk policy is that the danger of an activity at a facility is acceptable when the: • site-specific risk (hereinafter referred to as: the PR) is not higher than is standardized; • chance of a major accident with many victims can be justified (the group risk, GR). The PR is a measure of determining what distance is required between any risk-bearing activity and the built environment. The PR is the probability that a fatal accident might occur at a certain place over a period of one year as a direct consequence of an incident with hazardous substances if a person were to be present 24 hours a day and unprotected at that site. The standard used for the risk in Bevi is 1x10-6 per year (i.e. a chance of 1 in a million per year). When accounting for the GR, the expected extent of an accident is expressed in terms of the number of fatalities, given the probability of that accident. The GR indicates the chance that a group of people who are in the vicinity of the risk situation will suffer fatalities due to an accident involving dangerous substances. Bevi contains a non-normative approach to the GR, whereby the GR must always be justified. In the justification of the GR, an assessment is made 21 Besluit externe veiligheid inrichtingen,” 27 mei 2004 Environmental Permitting Policy 33 of the extent to what the scale of a disaster, given the chance of it, is socially acceptable. Both PR and GR are illustrated in subjoined figure22. Aquatic Environment Safety: Environmental Risk Analysis (ERA) Environmental pollution control attaches a high priority to assessing risks posed to the aquatic environment by industrial installations. The need for an effective method to assess these risks is highlighted not just by occasional major accidents affecting surface waters (such as the Sandoz chemical spill in Switzerland in 1986), but also by the many smaller accidents that occur annually. 22 The Y axis is representing the probability that a group of people will be fatally injured during a major incident with hazardous substances (= Group Risk). The value indicates a cumulative frequency of once in 4 years (10-4) to once in 9 years (10-9). Figure 2: Illustration safety risk contours (source: RHDHV) Environmental Permitting Policy 34 Similar to the approach for regular discharges, this policy is based on the precautionary principle. Implementation of “best safety practice” is therefore required in order to minimize the risk of accidental spills. Preventive and mitigation measures and systems to identify irregular situations are all regarded as elements of “best safety practice”. In addition, it is compulsory for some types of installation to conduct assessments of the remaining risk to the recipient surface water or urban waste water treatment plant. The purpose of this is to check whether the generic principle of “best safety practice” is sufficient to protect the surface water from harm in the specific situation. Figure: 3: Possible risk criterion scheme Environmental Permitting Policy 35 A selection system is used to determine both the need for such risk assessments and to identify high-risk activities within installations. This system is applicable both to individual production sites, such as 'postSeveso installations’, and to branches of homogeneous companies. Finally, the permit holder is requires to use this system to its approach. Fire safety Fire safety is one of the main aspects that has influence on human safety and is considered a bare minimum of any assessment. The GMN requires using these fire safety regulations as they are still considered as an adequate set of codes and standards. The permit refers to the following NFPA codes and standards:  NFPA 11: Standard for Low-, Medium-, and High-Expansion Foam;  NFPA 15: Standard for Water Spray Fixed Systems for Fire Protection;  NFPA 20: Standard for the Installation of Stationary Pumps for Fire Protection;  NFPA 24: Standard for the Installation of Private Fire Service Mains and Their Appurtenances;  NFPA 25: Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems;  NFPA 30: Flammable and Combustible Liquids Code;  NFPA 1911: Standard for the Inspection, Maintenance, Testing, and Retirement of In Service Emergency Vehicles;  NFPA 1962: Standard for the Care, Use, Inspection, Service Testing, and Replacement of Fire Hose, Couplings, Nozzles, and Fire Hose Appliances. These standards are considered as best practice. All fire safety measures must be considered mandatory in terms of the Seveso requirements and the operator must demonstrate that it has taken sufficient measures to prevent and limit the consequences of any incident involving dangerous substances. Environmental Permitting Policy 36 Storage of hazardous substances The storage and handling of hazardous substances is required by the permit holder to be regulated in order to prevent and mitigate risks to the environment and human health. Also, emergency response is required by the permit holder to be regulated in order to respond to incidents (spills, leakage, loss of containment, fire, explosions etc.). Therefore, a permit must contain the necessary conditions for the storage, handling and transport of hazardous substances. The PGS Guidelines (Publicatiereeks Gevaarlijke Stoffen), which regulates different types of storage of hazardous substances, are considered Best Available Techniques (BAT). These guidelines contain a large number of prescriptive requirements for specific substances and specific storage/handling situations, e.g.  Constructional and structural measures;  Fire prevention, detection and firefighting;  Explosion safety measures;  Spill Collectors (Sumps and Drains);  Safety distances between storage and process facilities;  Storage and collection capacity;  Soil protection measures;  Emergency response;  Lightning prevention;  Classification and Labelling;  Incompatibility of substances;  Firewater collectors;  Pipes and valves;  Ventilation and sealing, vapour recovery;  Positioning control rooms. The principle-of-equivalence applies to the PGS Guidelines. This implies that other measures must be implemneted, provided that an equivalent level-of-protection for the environment, human safety or fire safety can be achieved. Environmental Permitting Policy 37 The following PGS Guidelines are required for permit holders:  Storage of cryogenic gases → PGS 9: 2014 version 23;  Storage of ammonia → PGS 12: 2014 version 24;  Storage prepacked hazardous substances → PGS 15: 2016 version25,  Storage of LPG → PGS 18 Guideline: 2013 version 26;  Storage of propane and butane → PGS 19: 2014 version 27;  Storage of liquid fuels and mineral oils in aboveground storage tanks (AST) not exceeding 150 m3 per tank → PGS 30: 2011 version28;  Storage of flammable liquids in cylindrical tanks exceeding 150 m3 per tank → PGS 29: 2008 version 29;  Storage of other chemicals in aboveground and underground storage tanks not exceeding 150 m3 per tank → PGS 31: 2018 version 30. Equivalent guidelines (e.g. Scottish Environment Protection Agency’s (SEPA) Pollution Prevention Guidelines (PPG)) will be used. Storage of cryogenic gases (PGS 9) 31 The Guideline applies to stationary and portable storage reservoirs for cryogenic gases (oxygen, nitrogen, argon, carbon dioxide, helium, laughing gas) exceeding 0.5 bar and not 23 PGS 9: Cryogene gassen - opslag van 0,125 m3 - 100 m3,” Publicatiereeks Gevaarlijke Stoffen, April 2014 te raadplegen op https://publicatiereeksgevaarlijkestoffen.nl/publicaties/PGS9.html. 24 PGS 12: Ammoniak - opslag en verlading,” Publicatiereeks Gevaarlijke Stoffen, April 2014 te raadplegen op https://publicatiereeksgevaarlijkestoffen.nl/publicaties/PGS12.html. 25 PGS 15: Opslag van verpakte gevaarlijke stoffen,” Publicatiereeks Gevaarlijke Stoffen, 2016 te raadplegen op https://publicatiereeksgevaarlijkestoffen.nl/publicaties/PGS15.html. 26 PGS 18: LPG depots,” Publicatiereeks Gevaarlijke Stoffen, December 2013 te raadplegen op https://publicatiereeksgevaarlijkestoffen.nl/publicaties/PGS18.html. 27 PGS 19: Propaan en butaan - opslag,” Publicatiereeks Gevaarlijke Stoffen, October 2013 te raadplegen op https://publicatiereeksgevaarlijkestoffen.nl/publicaties/PGS19.html. 28 PGS 30: Vloeibare brandstoffen - bovengrondse tanks installaties en afleverinstallaties,” Publicatiereeks Gevaarlijke Stoffen, December 2011 te raadplegen op https://publicatiereeksgevaarlijkestoffen.nl/publicaties/PGS30.html. 29 PGS 29: Richtlijn voor bovengrondse opslag van brandbare vloeistoffen in verticale cilindrische tanks,” Publicatiereeks Gevaarlijke Stoffen, 2008 te raadplegen op https://publicatiereeksgevaarlijkestoffen.nl/publicaties/PGS29.html. 30 PGS 31: Overige gevaarlijke vloeistoffen - opslag in ondergrondse en bovengrondse tankinstallaties,” Publicatiereeks Gevaarlijke Stoffen, 2018 te raadplegen op https://publicatiereeksgevaarlijkestoffen.nl/publicaties/PGS31.html. 31 PGS 9: Cryogene gassen - opslag van 0,125 m3 - 100 m3,” Publicatiereeks Gevaarlijke Stoffen, April 2014 te raadplegen op https://publicatiereeksgevaarlijkestoffen.nl/publicaties/PGS9.html. Environmental Permitting Policy 38 exceeding 100 m3. PGS 9 does not apply to buffer tanks that are interlinked to operational process installations. Storage of ammonia (PGS 12)32 Guideline applies to storage and loading of ammonia under pressure in cylinders, bullets or cooled atmospheric tanks. No capacity limits for storage are defined (although typically maximum storage is 2,500 tons ammonia and exceeding 10,000 tons in cooled atmospheric tanks). Storage prepacked substances (PGS 15)33 The Guideline contains requirements for the storage of packaged hazardous substances and carcinogenic, mutagenic, reprotoxic (CMR) substances to realise an acceptable level of protection for humans and the environment. To determine the required level of protection, the current state of the art that applies to the structural implementation of storage facilities, firefighting systems and work equipment. Storage of LPG (PGS 18)34 The Guideline applies to stationary depots of LPG under pressure (including its loading station) stored in both underground and above-ground storage tanks, e.g. mounded bullets. The guidelines can be used for gases that have similar characteristics, e.g. propene and butene. Storage of propane and butane (PGS 19)35 The Guideline applies to exterior stationary storage reservoirs for propane / butane (or equivalent substances) exceeding 0.15 m3; containers storing smaller quantities are covered by PGS 15. The Guideline also applies to delivery stations, excluding loading and unloading trucks. 32 PGS 12: Ammoniak - opslag en verlading,” Publicatiereeks Gevaarlijke Stoffen, April 2014 te raadplegen op https://publicatiereeksgevaarlijkestoffen.nl/publicaties/PGS12.html 33 PGS 15: Opslag van verpakte gevaarlijke stoffen,” Publicatiereeks Gevaarlijke Stoffen, 2016 te raadplegen op https://publicatiereeksgevaarlijkestoffen.nl/publicaties/PGS15.html. 34 PGS 18: LPG depots,” Publicatiereeks Gevaarlijke Stoffen, December 2013 te raadplegen op https://publicatiereeksgevaarlijkestoffen.nl/publicaties/PGS18.html. 35 PGS 19: Propaan en butaan - opslag,” Publicatiereeks Gevaarlijke Stoffen, October 2013 te raadplegen op https://publicatiereeksgevaarlijkestoffen.nl/publicaties/PGS19.html. Environmental Permitting Policy 39 Storage of flammable liquids in cylindrical tanks (PGS 29)36 Storage of flammable liquids in cylindrical tanks is an important topic for the refinery and the tank terminal. This Guideline contains a large number of prescriptive requirements depending on the type and quantity of liquids that are being stored, and the volume of the tanks. The Guideline specifically applies to establishments with at least: One vertical above-ground storage tank, with a foundation resting base; and where either; Storage of class 1, 2 and 3 flammable liquids occurs at atmospheric pressure; or where; Orage of class 4 flammable liquids occurs above its flashpoint. Substances that are stored at a temperature equal to, or higher than, its flashpoint must be treated as Class 1 substance. The PGS 28 Guidelines also apply, possibly with additional requirements, to the storage of flammable liquids that belong to another hazard category. Where flammable liquids are also considered to be toxic, harmful, corrosive or combustible, additional requirements may apply, specified on a case-by-case basis. Practical examples of such substances are acrylonitrile and methanol (both toxic). The hazard classes used are those defined in the European Directive on the classification, packaging and labelling of dangerous substances.37 Storage of liquid fuels in AST (PGS 30)38 The Guideline applies to liquid fuels and/or mineral oils (class 2 to 4 and flashpoints > 23°C) in aboveground storage tanks not exceeding 150 m3 per tank, as well as interlinked small scale delivery stations. 36 PGS 29: Richtlijn voor bovengrondse opslag van brandbare vloeistoffen in verticale cilindrische tanks,” Publicatiereeks Gevaarlijke Stoffen, 2008 te raadplegen op https://publicatiereeksgevaarlijkestoffen.nl/publicaties/PGS29.html. 37Directive 67/543/EEC on classification, packaging and labelling of dangerous substances,” 27 June 1967 38 PGS 30: Vloeibare brandstoffen - bovengrondse tanks installaties en afleverinstallaties,” Publicatiereeks Gevaarlijke Stoffen, December 2011 te raadplegen op https://publicatiereeksgevaarlijkestoffen.nl/publicaties/PGS30.html. Environmental Permitting Policy 40 Storage of liquid chemicals in AST and UST (PGS 31)39 The Guideline was introduced for regulating the storage of liquid chemicals (or hazardous substances) that we not already regulated by PGS 28, 29 and 30 (which mainly apply to fuels and mineral oils). PGS 31 provides requirements for several types of storage tanks not exceeding 150 m3 per tank where they are and not being considered as process tanks, including both vertical and horizontal ASTs, of either steel or synthetic construction, that are either single or double walled and have either a flat or hollow tank bottom. 39PGS 31: Overige gevaarlijke vloeistoffen - opslag in ondergrondse en bovengrondse tankinstallaties,” Publicatiereeks Gevaarlijke Stoffen, 2018 te raadplegen op https://publicatiereeksgevaarlijkestoffen.nl/publicaties/PGS31.html. Environmental Permitting Policy 41 8. Water 8.1 Ambient Water Quality The permit holder needs to comply with the ambient water quality levels into this policy as presented in Table 8-1. For the mid-term goals, the quality levels as defined for the water type “recreation”. For long-term goals, the quality levels for water type as defined for the water type “nature”. Table 8-1: Ambient Water Quality parameters mid-term and long term Water type Dissolved oxygen Total N Total P Fecal coli Oil/grease Visibility Suspended solids pH mg/l mg N/l mg P /l x/100 ml mg/l m mg/l Recreation mid term goal >5 0.1 0.02 5 0.5 5-25 3.85 6.5 - 9 Nature long term goal >5 0.014 0.003 5 0.1 25 3.85 6.5 - 9 8.2 Emissions to water The following permit conditions and standards are required for existing operations: The contamination of storm water, tank bottom water, process water and other waste water streams must be prevented or reduced as much as possible. Although site specific conditions have to be considered the following is required: • The quality, quantity, frequency and sources of liquid effluents in its installations must well be understood. This includes knowledge about the locations, routes and integrity of internal drainage systems and discharge points; • The segregation of liquid effluents in industrial, utility, sanitary, and stormwater settings, based on its individual characteristics, must be planned and implemented in order to limit the volume of water requiring specialized treatment; Environmental Permitting Policy 42 • Opportunities must be identified to prevent or reduce wastewater pollution through e.g. recycle/re-use within the facility, input substitution, or process modification (e.g. change of technology or operating conditions/modes); Compliance of wastewater discharges must be assessed with the applicable: • (i) discharge standard (if the wastewater is discharged to a surface water or sewer); • (ii) water quality standard for a specific reuse (e.g. if the wastewater is reused for irrigation); Prevention and control of accidental releases of liquids through regular inspections and maintenance of storage and conveyance systems and other potential leakage points, as well as the implementation of spill response plans; • Provision of sufficient capacity for storing process fluids to enable maximum recovery into the process and, as a consequence, avoiding large discharges of process liquids into the wastewater drainage system; • Design and construction of wastewater and hazardous materials storage containment basins with suitably impervious surfaces to prevent infiltration of contaminated water into soil and groundwater; • Installations and waste water treatment facilities must be properly designed, operated and maintained; • Good housekeeping practices needs to be implemented; • Procedures and training needs to be developed to prevent contamination of water. 8.2.1 Emission standards for separated wastewater streams There are no standard discharge limits for the combined effluent, it is highly required to separate these wastewater streams. Only if the waste water streams have similar characteristics, it can be combined to combine and treat these streams together. Since there are no world standards or regional standards, this section presents the European/ Dutch Standards as requirements for separated wastewater streams. These standards cannot be used verbatim within this policy. The starting point of these standards is that the wastewater streams on site must be separated and treated separately in the future. Environmental Permitting Policy 43 8.2.1.1 Emission levels utility plant (CRU) The BREF Large Combustion Plants presents discharge limits for the waste water stream from the treatment of flue gases. Discharge limits in the Dutch Activities Decree are derived from this BREF but are different for some parameters. Both emission standards are only applicable if wet flue gas treatment is applied. 8.2.1.2 Emission levels Cooling water Additives are commonly used to prevent biofouling and scaling. The additives are based on quaternary ammonium compounds. There are no limits set for these compounds, but they are known to be acutely toxic and often not readily biodegradable. Environmental effects are demonstrably significant. To assess the impact of the additives on the aquatic environment and to determine discharge limits both the GAM test and the Environmental Quality Standard Test are used in The Netherlands. Environmental Permitting Policy 44 Figure 4: Discharge limits BREF Environmental Permitting Policy 45 Figure 5: Discharge limits Activities Decree Environmental Permitting Policy 46 8.2.1.3 Emission levels refinery There are no limits set for the discharge of the waste water treatment for the refinery, because (most of) the waste water streams on Curacao on-site of facilities are combined. In addition, generally the treatment is focused on the removal of layer forming products and insoluble particles and additional treatment is not present. After separation of the wastewater the following limits can be used as an indication for (new) discharge limits. Environmental Permitting Policy 47 8.2.2 Emission standards for combined wastewater streams This section describes the required emission standards for combined wastewater streams at the facilities Figure 6-a: Discharge limits BREF Waste Gas and Waste Water treatment Environmental Permitting Policy 48 . Figure 6-b: Discharge limits BREF Waste Gas and Waste Water treatment Environmental Permitting Policy 49 . Figure 6-c: Discharge limits BREF Waste Gas and Waste Water treatment Environmental Permitting Policy 50 8.2.2.1 Emission standards for combined wastewater streams Utility plant waste water streams mainly consists of blown down of boiler water, cooling water, other process water streams. It is required to split the different wastewater streams on-site. Run off /storm water from parts of the site that is not contaminated should be collected in a separated sewer system and discharged separately to the surface water. The other wastewater streams should be collected separately from storm water/run off. These streams are contaminated and must be treated before discharge to surface water. No standard set of discharge limits are available. However, it is required the following (new) discharge limits (see table below). The discharge limits distinguish between existing operations and future operations. Table 8-3: Discharge limits combined wastewater streams Utility Plant Parameters Units Existing operations Future operations COD mg/l 900 150 Ammonia mg N/l 5 3 Total N mg N/l 20 15 Total P mg P/l 5 3 Mineral oil mg/l 50 5 Suspended solids mg/l 80 30 pH mg/l 6.5 - 9 6.5 - 9 Dissolved oxygen mg/l > 5 > 5 Environmental Permitting Policy 51 8.2.2.2 Emission levels Refinery Significant volumes of wastewaters in petroleum refining include “sour” process wastewater and non-oily/non-sour process wastewater. In addition, the following streams are discharged: boiler blowdown and demineralization plant reject streams It is required to split the different wastewater streams on-site. Run off /storm water from parts of the site that is not contaminated should be collected in a separated sewer system and discharged separately to the surface water. The other wastewater streams should be collected separately from storm water/run off. These streams are contaminated and must be treated before discharge to the surface water. No standard set of discharge limits are available. However, the GMN requires the following (new) discharge limits (see table below). The discharge limits distinguish between existing operations and future operations. Table 8-4: Discharge limits combined wastewater streams Refinery Parameters Unit Existing operations Future operations COD mg/l 900 150 Ammonia mg N/l 5 3 Total N mg N/l 25 20 Total P mg P/l 5 3 Sulphide mg S2- /l 1.5 0.5 Mineral oil mg/l 50 5 Suspended solids mg/l 80 30 pH mg/l 6.5 - 9 6.5 - 9 Dissolved oxygen mg/l > 5 > 5 Environmental Permitting Policy 52 8.2.2.3 Emission levels Cooling Water Cooling water applies to both the refinery and the utility plant. Additives are commonly used to prevent biofouling and scaling. The current used additives are based on quaternary ammonium compounds. There are no limits set for these compounds, but they are known to be acutely toxic and often not readily biodegradable. Environmental effects are demonstrably significant. For present operations the discharge limit is set at 2 mg/l for ammonium at the discharge points to the cooling water canals during shock dosing. For future operation, an investigation has to be carried out to apply an environmental alternative. The results of this investigation have to be reported within a reasonable period of time (e.g. 12 months after irrevocability of a permit). To determine the impact on the water quality the GAM test can be used or an equivalent methodology to be agreed upon with the GMN. 8.2.2.4 Emission levels Oil terminal Crude oil and petroleum product effluents consist of sewage and process wastewater. Process wastewater consists mainly of tank bottom draining and contaminated storm water runoff, including water from tank leaks and spills that are collected in hydrocarbon contaminated secondary containment areas. It is required to split the different wastewater streams on-site. Run off /storm water from parts of the site that is not contaminated should be collected in a separated sewer system and discharged separately to the surface water. The other wastewater streams should be collected separately from storm water/run off. These streams are contaminated and must be treated before discharge to the surface water. No standard set of discharge limits are available. However, the GMN requires the following (new) discharge limits (see table below). The discharge limits distinguish between existing operations and future operations. Table 8-5: Discharge limits combined wastewater streams Oil Terminal Parameters Unit Existing operations Future operations COD mg/l 500 100 Mineral oil mg/l 10 5 Suspended solids mg/l 80 30 pH 6.5 - 9 6.5 - 9 Environmental Permitting Policy 53 8.3 Consideration required emission parameters Ammonia Ammonia is the result of protein degradation. Due to the presence of nitrogen (N) it can increase the N content of the seawater which can lead to algae/phytoplankton blooms. In addition, it is known that concentrations of N negatively influence the coral reefs. Furthermore, the enrichment of the seawater with nutrients, e.g. N, disturbs the finely balanced processes and pathways in the ecosystem. To prevent this and maintain the ambient water quality a limit for total N should be set. In addition, ammonia is toxic. The extent of toxicity depends on the pH value. Sea water usually has a high pH value, which can easily lead to high toxicity concentrations. Chemical Oxygen Demand (COD) Miro-organism like bacteria use organic matter as a food source, but they need oxygen to convert the organic matter. The parameter COD is used to express the amount of oxygen necessary to convert the organic matter. High COD concentrations can ultimately lead to oxygen depletion, resulting in damage in for the aquatic live. Total N The increase of nitrogen in seawater can lead to algae/phytoplankton blooms. In addition, it is known that concentrations of nitrogen negatively influence the coral reefs. Furthermore, the enrichment of the seawater with nutrients like nitrogen disturbs the finely balanced processes and pathways in the ecosystem. To prevent this and maintain the ambient water quality a limit for Total N be set. Total P It is known that coral reefs are negatively influenced by phosphate concentrations. It leads to softening of the coral reefs. Furthermore, the enrichment of the seawater with nutrients like phosphorus disturbs the finely balanced processes and pathways in the ecosystem. To prevent this and maintain the ambient water quality a limit for Total P be set. Environmental Permitting Policy 54 Sulphide S It is known that dissolved sulphides can be toxic. In fresh water the sulphides react with metals or calcium and settle as particles. However, seawater has a higher pH value compared to fresh water and various salts are present in the sea water. These salts can inhibit the reaction that usually occurs in fresh water. Which means that sulphides stay in a dissolved state and can be toxic for the aquatic environment. Mineral oil Mineral oil is a layer forming product. It is known that mineral oil prevents the penetration of sunlight in water and the oxygen exchange with air. Moreover, settling suspended mineral oil particles (after a period of certain time, the layer disintegrates, and mineral oil particles come into suspension and eventually settle) can create a blanket on the aquatic life. This will hinder or prevent oxygen uptake as well. The reduced penetration of sunlight and the hinder or prevention of oxygen uptake will negatively affect the aquatic environment. To prevent this and maintain the ambient water quality a limit for mineral oil be set. Suspended solids Suspended solids are small particles which will remain in suspension in water. It is known that suspended solids prevent the penetration of sunlight in water. Moreover, settling suspended solids can blanket aquatic life. This will hinder or prevent oxygen uptake as well. The reduced penetration of sunlight and the hinder or prevention of oxygen uptake will negatively affect the aquatic environment. To prevent this and maintain the ambient water quality a limit for suspended solids should be set. pH Under normal circumstances sea water has a higher pH value than fresh water. It is known that a decreasing pH (acidification) has a negative influence on maintaining and improving coral reefs. Also, for the other purposes a higher pH value is necessary. Therefore, the pH value should be set to the range 6.5 to 9. Environmental Permitting Policy 55 Dissolved oxygen At higher temperatures the amount of oxygen that can dissolve in sea water is reduced compared to lower temperatures. To prevent oxygen depletion and as a result harm of starvation of the aquatic environment a discharge limit for dissolved oxygen should be set at a value of 5 mg/l or higher. Environmental Permitting Policy 56 9. Waste For new and existing permit holders a Waste Prevention Survey and a strategic Waste Management Plan (WMP) addressing (tactical and operational) measures, facilities and procedures for waste separation, waste storage, waste shipment, waste treatment and waste registration are required. The WBG EHS guidelines for waste management by the facilities are required. The table below contains the proposed general waste management requirements for future (environmental) permit and establishment. More specific requirements for waste separation, storage, treatment, shipment and registration are described further in this section. Table 9-1: General waste management requirements WASTE Requirements Methodology Timeframe Topics Goals Targets Standards Schedule Planning Waste Management Plan (WMP) up and running SMART targets and Key Performance Indicators (KPIs) for prevention, separation, storage and treatment Internal procedures and working instructions related to env. management system General: WMP should describe at least following aspects: waste types, amounts, separation and storage, treatment (R/D), goals and objectives (KPI), managerial responsibilities, training and communication, on-site transport and logistics, costs, monitoring, registration and evaluation WBG: EHS Guidelines Waste management (2007) WBG: EHS Guidelines Petroleum Refinery (2016) Within 6 months from new permit Prevention Waste prevention survey and plan Reduce waste generation (further). Target to be defined in the WMP General: A waste prevention survey and plan should cover following aspects: baseline study and root cause analysis of the waste types and amounts, inventory and assessment of (historical, current and) future waste prevention options WBG: EHS Guidelines Waste management (2007) WBG: EHS Guidelines for Crude Oil and Petroleum Product Terminals (2007) WBG: EHS Guidelines Petroleum Refinery (2016) Within 6-9 months from new permit Separation More waste recovery by further separation Keep and dispose of all waste separately, unless this cannot reasonably be expected General: draft a waste separation plan (WSP) based on the WMP WBG: EHS Guidelines Waste management (2007) WBG: EHS Guidelines for Crude Oil and Petroleum Product Terminals (2007) WSP: within 6 months from new permit Environmental Permitting Policy 57 Storage Separate, secure and environmentally safe storage of (hazardous) waste Hazardous waste: 100% Other waste: targets to be defined in the WMP General: Hazardous waste: according to Dutch PGS or comparable international standards. And other waste: to be defined in the WMP WBG: EHS Guidelines Waste management (2007) WBG: EHS Guidelines for Crude Oil and Petroleum Product Terminals (2007) WBG: EHS Guidelines Petroleum Refinery (2016) Waste storage plan: within 6 months from issuing new permit Shipment All off-site waste shipment complies with (inter)national and/or EU regulations 0% violations or infringements General: According to Basel, Stockholm and Rotterdam Conventions, OECD Decision C(2001)107/FINAL concerning the control of transboundary movements of wastes destined for recovery operations and EU Waste Shipment Regulation WBG: EHS Guidelines Waste management (2007) WBG: EHS Guidelines for Shipping (2007) WBG: EHS Guidelines for Ports, Harbours and Terminals (2017) Permanently Treatment Maximise Recovery and minimize Disposal operations Exact targets and KPI to be defined in the WMP General: According to internationally adopted Waste hierarchy. An assessment of all agreements and contracts with contractors and waste treatment establishments is. In due time the Dutch minimum standards for waste treatment as described in the National Waste Management Plan (LAP) could be considered WBG: EHS Guidelines Waste management (2007) WBG: EHS Guidelines for Crude Oil and Petroleum Product Terminals (2007) WBG: EHS Guidelines Petroleum Refinery (2016) To be defined in WMP, but the sooner the better Registration Insight and grip on origin and destination and types and amounts of wastes; Monitoring, evaluation and adjustment of WMP; Accounting, external and internal Benchmarking with other market players. 100% in control General: make use of internationally accepted waste classification systems, such as Basel codes, European Waste Catalogue and/or Harmonized System (HS-codes). Furthermore, make use of SAP/ERP compatible software WBG: EHS Guidelines Waste management (2007) WBG: EHS Guidelines for Crude Oil and Petroleum Product Terminals (2007) WBG: EHS Guidelines Petroleum Refinery (2016) To be defined in WMP, but the sooner the better https://legalinstruments.oecd.org/en/instruments/OECD-LEGAL-0266 https://legalinstruments.oecd.org/en/instruments/OECD-LEGAL-0266 https://legalinstruments.oecd.org/en/instruments/OECD-LEGAL-0266 Environmental Permitting Policy 58 9.1 Waste management planning Although not legally obliged, according to both WBG EHS Guidelines and EU BAT Conclusions Refining Mineral Oil and Gas having and maintaining a Waste Management Plan (WMP) is prescribed as a general requirement, typically as part of an Environmental Management System. Attachment F40 of the Nuisance License already prescribes the development of a WMP. According to 2017 Annual Industrial Waste Generation Report Refineria Isla Curaçao B.V (RdK, December 2018) first WMP was finalized in 1999 and updated in 2006. There is no specific methodology for drafting a WMP. In general, a WMP should describe, as a minimum, the following aspects: waste types, quantities, separation and storage, treatment (Recovery/Disposal), goals and objectives, managerial responsibilities, training and communication, on-site transport and logistics, costs, monitoring, registration and evaluation. Ideally all goals, targets, means and resources of a WMP should be elaborated in:  SMART (Specific, Measurable, Achievable, Relevant and Time-bound) targets and Key Performance Indicators (KPI) for prevention, separation, storage and treatment;  Internal procedures and working instructions related to the environmental management system. A WMP should also be based upon a thorough Baseline study and analysis. Relevant waste management studies include:  Solid Waste Identification and Characterization, Disposal and Corrective Measures Study (Badger, May 1993);  Post-IRUP Environmental Assessment Waste, Soil and Sediment Study (TECSULT, July 2008);  2017 Annual Industrial Waste Generation Report RdK (December 2018). General conclusions that can be drawn from these studies are that:  Annual process waste generation has diminished from ≥ 15,000 metric tons (MT) in 1993 to approximately 13,000 MT in 2017  Almost (90%) of all generated process waste concerned oil contaminated soil and various oils from engines, generators and vessel, partially received from 3rd parties  Approximately 10% of waste consisted of asbestos, vanadium ash, asphalt drums, spent catalyst and attapulgite clay  domestic waste, e.g. office and medical waste, is of a limited quantity and sent to local recyclers and SELIKOR, a local waste management company based in Curacao. According to the EHS Waste Management Guidelines effective planning and implementation of waste management strategies should include:  Review of new waste sources during planning, siting, and design activities, including during equipment modifications and process alterations, to identify expected waste generation, pollution prevention opportunities, and necessary treatment, storage, and disposal infrastructure; 40 Attachment F: Regulations Air Quality, Wastewaters and Waste Island of Curaçao,” The Island of Curacao, 1994 Environmental Permitting Policy 59  Data collection and information about the process and waste streams in existing facilities, including characterization of waste streams by type, quantities, and potential use/disposition;  Establishment of priorities based on a risk analysis that considers the potential EHS risks during the waste cycle and the availability of infrastructure to manage the waste in an environmentally sound manner;  Definition of opportunities for source reduction, as well as reuse and recycling. Based on the above facts and considerations drafting a new WMP is required. 9.2 Waste prevention According to global WBG EHS Guidelines and EU BAT Conclusions Refining Mineral Oil and Gas having and maintaining a Waste prevention survey and plan is a general requirement. Article 9.6 in Attachment F of the Nuisance License already contains a requirement to submit a Waste Minimization plan, focused on waste prevention, reduction and elimination and on waste treatment. Furthermore Article 6 of Attachment F states that a ‘Pollution Prevention and Waste Minimization Report’ must be submitted to describe the efforts made in previous year to prevent, reduce and/or eliminate pollution and waste. According to the 2017 Annual Industrial Waste Generation Report (December 2018) this was integrated in the WMP of 1999 and 2006. Based on the above, drafting a Waste Prevention Survey and Plan is required. For information and considerations, the GMN refers to the general guidelines and detailed requirements for waste prevention in following documents:  WBG Guidelines for Waste Management41: page 47;  WBG: EHS Guidelines for Crude Oil and Petroleum Product Terminals 42: page 6-7;  WBG: EHS Guidelines Petroleum Refinery43: page 11-12;  BAT Conclusions Refining Mineral Oil and Gas44: BAT no. 48;  BAT Conclusions LVOC45 : BAT no. 17, 31, 41, 42, 43, 47, 55, 74, 85;  BAT Conclusions CWW [13]: BAT no. 14. 41 Environmental, Health, and Safety Guidelines for Waste Management Facilities,” World Bank Group, 10 December 2007. 42 Environmental, Health, and Safety Guidelines for Crude Oil and Petroleum Product Terminals,” World Bank Group, 20 April 2007. 43 Environmental, Health, and Safety Guidelines for Petroleum Refining,” World Bank Group, 17 November 2016. 44 Best available techniques (BAT) conclusions on industrial emissions for the refining of mineral oil and gas,” The European Commission, 9 October 2014. 45 Best available techniques (BAT) conclusions for the production of large volume organic chemicals,” The European Commission, 21 November 2017. Environmental Permitting Policy 60 9.3 Waste separation Companies are obliged to store and dispose / treat hazardous waste separately, unless this cannot reasonably be expected. The storage and treatment non-hazardous waste is usually prescribed in the (environmental) permit. The National Waste Management Plan of the Netherlands (LAP) contains useful guidelines for the storage, separation and potential recycling of waste streams. The below table summarizes this guideline. Table 9-2: Guideline for reasonable waste separation by companies (source: LAP Netherlands) Waste Maximum quantities per week fit for recycling Paper and cardboard 0 kg Electronic equipment 0 kg Plastic foils, (drinking) cups and other plastic waste 0 kg - ± 500 cups - 25 kg Styrofoam (EPS) 1 container 240 litres (± 30 kg) Car tyres 5 tyres Organic waste / swill 200 kg Green waste 200 kg Waste wood 40 kg (e.g. 2 pallets) Packaging glass ½ container 240 litres ((± 30 kg) Metals 40 kg Debris (construction waste) 0 kg (incidental 1 m3) Textiles 40 kg Rock wool 25 kg Process waste Often relatively homogeneous and clean waste, those in larger quantities and concentrated released. In those cases, waste separation is reasonable. Based on the above drafting a Waste Separation Plan (WSP) would be appropriate. 9.4 Waste Storage Wastes are to be stored separately, secure and environmentally safe. The storage of hazardous waste is bound to strict regulations whereas non-hazardous waste should be stored adequately, efficiently and in line with WMP and WSP. Requirements for storage of hazardous substances is described in section 7. According to WBG EHS Guidelines on waste management, hazardous waste must be stored to prevent or control accidental releases to air, soil, and water resources in locations where;  waste is stored in a manner that prevents the mixing between incompatible wastes;  allows for inspection between containers to monitor leaks or spills;  store in closed containers away from direct sunlight, wind and rain;  secondary containment systems should be constructed with materials appropriate for the wastes being contained and adequate to prevent loss to the environment;  secondary containment is provided for liquid wastes where these are stored in volumes greater than 200 litres. The capacity of secondary containment should be at least 110 percent of Environmental Permitting Policy 61 the largest storage container, or 25 percent of the total storage capacity (whichever is greater), in that specific location;  adequate ventilation is provided where volatile wastes are stored. Hazardous waste storage activities must also be subject to additional management controls, conducted by employees who have received specific training in handling and storage of hazardous wastes:  provision of readily available information on chemical compatibility to employees, including labelling each container to identify its contents;  limiting access to hazardous waste storage areas to employees who have received proper training;  clearly identifying (label) and demarcating the area, including documentation of its location on a facility map or site plan;  conducting periodic inspections of waste storage areas and documenting the findings;  preparing and implementing spill response and emergency plans to address their accidental release;  avoiding underground storage tanks and underground piping of hazardous waste. Based upon available information regarding current waste management facilities, these are currently considered to be inadequate and non-compliant and therefore require modifications and upgrades. There are several fixed storage areas such as Goat Island, Land treatment site and a scrapyard, but also numerous temporary storages, e.g. Area West DEA and north of Poly Plant. The current containment facilities vary from tanks, containers, drums, big bags and plastic bags to open dumps. In line with Section 4.2 soil remediation is required, based upon the previous soil and groundwater baseline investigation. To facilitate the drafting of a Waste storage plan for the installation in short term the WBG EHS Guidelines, relevant EU BREFs and associated BAT Conclusions and Dutch PGS Guidelines or equivalent guidelines could be used. Additionally, the GMN requires the inclusion of the following requirements in any future permit regarding the disposal or treatment of waste in accordance with the Dutch Decree ‘Besluit stortplaatsen en stortverboden afvalstoffen’ 46. This decree states that waste destined for:  Disposal must be removed within 1 year  Recycling/recovery has to be removed within 3 years. Based on above facts and considerations – and apart from Soil risk analysis (as described in Section 4.1) – drafting a Waste storage plan is required. As far as relevant, WBG EHS Guidelines, EU BAT Conclusions and BREF’s, Dutch PGS Guidelines or equivalent guidelines must be applied. 46 Besluit stortplaatsen en stortverboden afvalstoffen,” Ministerie van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer, 8 December 1997. https://wetten.overheid.nl/BWBR0009094/2019-02-16 https://wetten.overheid.nl/BWBR0009094/2019-02-16 https://wetten.overheid.nl/BWBR0009094/2019-02-16 https://wetten.overheid.nl/BWBR0009094/2019-02-16 https://wetten.overheid.nl/BWBR0009094/2019-02-16 Environmental Permitting Policy 62 Additionally, the GMN applies requirements in a future permit on deposited waste according to the Dutch Decree ‘Besluit stortplaatsen en stortverboden afvalstoffen’ 47. This decree prescribes that:  deposited waste for disposal must be removed within 1 year;  deposited waste for recycling/recovery has to be removed within 3 years. Based on that Decree and referring to Article 9.9 of current Nuisance permit the GMN includes similar requirement with more realistic terms 48 in future (environmental) permits taking into account the nature and scale of the operations 9.5 Waste shipment All shipments of movements of waste out of Curaçao should comply with (inter)national and/or EU regulations among which Basel Convention 49, Stockholm Convention 50, Rotterdam Convention 51, OECD Decision C(2001)107/FINAL52 and EU Waste Shipment Regulation (1013/2006/EU)53. More information and updates regarding off-site waste shipments can be found in WBG EHS Guidelines for Shipping and Ports, Harbours and Terminals 54. 9.6 Waste treatment Besides waste prevention and reuse, waste management goals, strategy and plan are required to maximize Recovery and minimize Disposal operations, in line with internationally adopted Waste Hierarchy. Exact targets and KPI should be defined in the WMP. It is widely recognized that waste prevention is preferable to waste treatment. Where waste cannot be prevented and has to be treated, the GMN requires to adopt the Dutch minimum standards for waste treatment as described in the National Waste Management Plan (LAP)55. The GMN also requires to include financial assessments in the development of the Waste Management Plan, Waste Prevention Plan and Waste Separation Plan; 47 Besluit stortplaatsen en stortverboden afvalstoffen,” Ministerie van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer, 8 December 1997 48 Two (2) years for disposal of waste and four (4) years for recycling / re-use of waste is considered more feasible. 49 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their disposal,” United Nations Environment Programme, 22 March 1989. 50 Stockholm Convention on persistent organic pollutants (POPS),” United Nations Environment Programme, 2017. 51 Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade,” United Nations Environment Programme, 2017. 52Decision of the Council on the Control of Transboundary Movements of Wastes Destined for Recovery Operations,” OECD, 18 November2008 53 Regulation 1013/2006 on shipment of waste,” The European Parliament and the Council, 14 June 2006. 54 Environmental, Health, And Safety Guidelines for Ports, Harbors, And Terminals,” World Bank Group, 2 February 2017. 55 [68] “Landelijk Afvalbeheerplan (LAP),” https://lap3.nl https://wetten.overheid.nl/BWBR0009094/2019-02-16 https://wetten.overheid.nl/BWBR0009094/2019-02-16 https://wetten.overheid.nl/BWBR0009094/2019-02-16 Environmental Permitting Policy 63  evaluate and assess all agreements and contracts with contractors and waste treatment operators. 9.7 Waste registration Registration of waste is a pre-requisite, according to global EHS Guidelines and EU BREF and BAT Conclusions. Main goals for registrations are:  Understanding on the types and amounts of wastes generated on-site and their origins and destinations;  Monitoring, evaluation and adjustment of WMP;  Internal and external auditing;  Benchmarking with comparable market players. Environmental Permitting Policy 64 10. Energy Efficiency The permit holder will be required to conduct energy efficiency audits on a regular basis (e.g. every 4 years) and monitor its energy-efficiency through a management system according to Energy Efficiency Directive56. Energy audits must take into account relevant European or International Standards, such as EN ISO 50001 (Energy Management Systems) 57 , or EN 16247-1 (Energy Audits) 58 , or, if including with an energy audit, EN ISO 14001 (Environmental Management Systems)59 , to be in line with the provisions of Annex VI of the Directive (see figure below). The energy audits shall be based on the following guidelines: a) be based on up-to-date, measured, traceable operational data on energy consumption and (for electricity) load profiles; b) comprise a detailed review of the energy consumption profile of buildings or groups of buildings, industrial operations or installations, including transportation; c) build, whenever possible, on life-cycle cost analysis (LCCA) instead of Simple Payback Periods (SPP) in order to take account of long-term savings, residual values of long-term investments and discount rates; d) be proportionate, and sufficiently representative to permit the drawing of a reliable picture of overall energy performance and the reliable identification of the most significant opportunities for improvement. Energy audits shall allow detailed and validated calculations for the proposed measures so as to provide clear information on potential savings. The data used in energy audits shall be storable for historical analysis and tracking performance. Figure 7: Annex VI of the Directive According to the National Energy Policy 60 sufficient investments are made in the energy and water infrastructures to safeguard future supply. The system should also be able to embrace new technologies, e.g. for renewable energy production. The National Energy Policy therefore aims to develop resilient energy and water infrastructures, capable of absorbing the optimal quantity of renewable energy. The European Energy Efficiency Directive (EED) prescribes using/promoting a life-cycle cost analysis (LCCA) for cost benefit calculations. Because these kinds of analyses can be 56 Directive 2012/27/EU on energy efficiency,” The European Parliament and the Council, 2012 te raadplegen op https://ec.europa.eu/energy/topics/energy-efficiency/targets-directive-and-rules/energy-efficiency-directive en. 57 NEN-EN-ISO 50001:2018 Energy management systems - Requirements with guidance for use,” Nederlands Normalisatie instituu (NEN), 2018. 58 NEN-EN 16247-1:2012: Energy audits - Part 1: General requirements,” Nederlands Normalisatie instituut (NEN), 2012. 59 “NEN-EN-ISO 14001:2015: Environmental management systems - Requirements with guidance for use,” Nederlands Normalisatie-instituut (NEN), 2015 60 National Energy Policy ta raadplegen op https://btnp.org/wp content/uploads/2019/06/NATIONAL ENERGY POLICY for CURACAO.pdf. Environmental Permitting Policy 65 comprehensive and laborious alternative methods, such as Simple Payback Term (“terugverdientijd”) or Net Present Value (‘contante waarde methode”) would be acceptable. Appendices EPP 1 Appendix 1: BREF/ BAT Documents 2 Reference Document Industrial activities Version BAT Conclusions Refining Mineral Oil & Gas (REF) [9] Refining of mineral oil and gas Oct 2014 BREF Emissions from Storage (EFS) [10] Storage, blending, loading and unloading of refinery materials Jul 2006 BREF Industrial Cooling systems (ICS) [11] Cooling processes Dec 2001 BAT Large Volume Organic Chemicals (LVOC) [12] Etherification process (MTBE, ETBE, TAME) Nov 2017 BAT Conclusions Common Waste Water & Waste Gas Treatment (CWW) [13] Waste water management and treatment techniques May 2016 BAT Conclusions Large Combustion Plants (LCP) [14] Combustion of conventional and commercial fuels Jul 2017 BAT Conclusions Waste Treatment (WT) [15] Waste treatment Aug 2018 BREF Energy Efficiency (ENE) [16] Energy efficiency & integrated refinery management Feb 2009 REF Economics and Cross-media Effects (ECM) [17] All Jul 2006 REF Monitoring of emissions for Air and Water (MON) [18] IED installations 2018 As well as BAT documents several other important EU Directives need to be considered. Some important/relevant Directives are61  EU Directive 2012/18/EU on the control of major-accident hazards involving dangerous substances (“Seveso III Directive”) [19];  EU Directive 2008/98/EC on waste (”Waste Framework Directive”) [20];  EU Directive 2012/27/EU on energy efficiency (EED Directive”) [21];  EU Directive 2000/60/EC on water policy (“Water Framework Directive”) [22]. 61 EU Regulation EC 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) is not considered in this framework. 3 Appendix 2 Emissions to Air: BAT conclusions for refining of mineral oil & gas (version Oct 2014) The following BAT conclusions are considered relevant for the refinery installations: 4 5 6 7 8 9 10 The cat cracker of the refinery is existing, and the full combustion mode is applicable. 11 12 13 Note: Table 5.7 does not apply (partial combustion is not considered applicable). 14 15 All installations are existing. 16 17 18 19 20 21 22 23 Appendix 3 Emissions to Air: BAT conclusions for Conclusions for Large Combustion Plants (version July 2017) Appendix 4 Emissions to Air: BAT conclusions for Conclusions for Emissions on Storage (version July 2006) General BAT: For tanks with no roof: For tanks with a roof: