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The Industrial Emissions Directive (IED) (IPPC Recast)

Keir McAndrew, DG ENV C.3

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The current legal situation

European industry is subject to a range of legislation concerning industrial emissions.... (other than CO2)

IPPC Directive

Waste Incineration Directive

Large Combustion Plants (LCP) Directive

Directive on the limitation of emissions of VOC from solvents

Directives related to the titanium dioxide industry

European Pollutant Release and Transfer Register (E-PRTR)

This makes enforcement at Community level very difficult and leads to unnecessary administrative burden

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Fundamentals of the IPPC Directive Focus on prevention of pollution and, if not feasible,

minimisation Installations must operate according to an integrated

permit Permits should contain Emission Limit Values based on

Best Available Techniques with the possibility to take into account certain local conditions

BAT information exchange leads to the BAT Reference Documents (BREFs), adopted by the Commission

The Public are provided with access to information Final deadline for implementation: 30 October 2007

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The Commission’s IPPC review (2006-07)Concerns with the status quo

The Commission’s review identified 4 key areas of concern:

1) Insufficient implementation of Best Available Techniques (BAT)2) Limitations with regard to compliance enforcement and

environmental improvements3) Unnecessary administrative burdens due to complexity and

inconsistency of parts of legal framework4) Insufficient scope and unclear provisions to achieve the

Thematic Strategy objectives (air, waste, soil)

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COM Proposal for an Industrial Emissions Directive (IED) Adopted on 21 December 2007 Recast into one single act the IPPC and 6 ‘sectoral’ Directives

LCPD, Solvent Emissions, Waste Incineration, TiO2 (3 Dir)

Key elements strengthening of BAT and role of the BREFs new minimum ELVs for LCP bringing them in line with BAT Simplification + reduction of unnecessary admin burden Minimum provisions on inspections, review of permit

conditions and reporting on compliance Introduction of some new activities and provisions on soil &

groundwater protection to help meeting Thematic Strategies objectives

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Key issue one – BAT and BAT conclusions BAT conclusions are the basis for setting permit conditions,

and in particular emission limit values To be adopted through Committee Emission limit values to be set so that emissions do not

exceed BAT-AELs Article 15(4) derogation clause allows some flexibility

against specific criteria – local envt; geographical location; technical characteristics

Derogation - justification made public – no significant pollution can be caused through application – link to quality standards

Data to be collected on application by Member States and possible clarification by Commission in future

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Key issue two – Large Combustion Plant Tightening of minimum emission limit values for large

combustion plants (aligned with current BAT (upper end of the range) from 2016

SO2 in all countries - 354 facilities

-

200 000 000

400 000 000

600 000 000

800 000 000

1 000 000 000

1 200 000 000

1 400 000 000

1 600 000 000

1 800 000 000

2 000 000 000

Coal Oil Gas

Gap filled

EPER Reported

Calculated BAT,less strict

Calculated BAT,strict

NOx in all countries - 354 facilities

-

100 000 000

200 000 000

300 000 000

400 000 000

500 000 000

600 000 000

700 000 000

800 000 000

900 000 000

Coal Oil Gas

Gap f illed

EPER Reported

Calculated BAT,less strict

Calculated BAT,strict

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Key issue two – Large Combustion Plant

Article Council Position EP ENVI Final compromise

Art. 31Desulphurisation rate

Minimum rates ofdesulphurisation withoutlimit in time

Minimum rates ofdesulphurisation to end 31 December 2017 andCommission to reviewNeed for extension by 31December 2013

Minimum rates ofdesulphurisationwithout limit in time butCommission to reviewlimits by 31 December2019

Art. 32Transitional National

Plan (TNP)

until 31 December 2020 until 30 June 2019 until 30 June 2020

Art. 33(1)'opt out' (limited life time

derogation)

period: 1 January 2016 to 31 December 2023

max. operating hours: 20 000

period: 1 January 2016 to 31 December 2020

max. operating hours: 12 500

period: 1 January 2016 to 31 December 2023

max. operating hours: 17 500

Art. 35(1)derogation for district

heating plants

until 31 December 2023 until 31 December 2019 until 31 December 2022

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Key issue three – “European Safety Net (ESN)” European Safety Net concept – minimum standards

(emission limit values and compliance) for activities covered by Annex I

Following Council rejection of ESN at first reading a more focussed system based on environmental impact of sector and level of application of BAT has been agreed

Final ESN is through ordinary legislative procedure and included in reports of Commission on implementation of the Directive i.e. every three years

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Key issue four – Baseline report and soil / groundwater In order to ensure integrated approach to pollution prevention and

minimisation new measures entered for soil and groundwater Baseline report required where hazardous substances are to be

used or produced Once the activity stops operating then the operator assesses the

state of soil and groundwater contamination by hazardous substances

The operator compares the final assessment and the initial baseline report

Where the comparison indicates contamination then the operator must take action

Article 17 – Permit to include requirement for periodic monitoring for soil (every 10 years) and groundwater (every 5 years)

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Monitoring is different to a baseline report

Baseline report

Soil / groundwater monitoring

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Key issue five - Inspections Present IPPC Directive contains no formal requirements for

inspections Environmental inspection plans are required covering all

installations the contents of which are defined in the Directive Based on inspection plans inspection programmes are to be drawn

up including the frequency of site visits Risk based criteria entered into the text:

Potential and actual impacts of the installation on environment / human health

Record of compliance with permit conditions Participation in EMAS

High risk installations to be visited at least once every 12 months low risk every 36 months

Non-compliance requires a follow up site visit within six months Reports of inspections to be made publicly available

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Other amendments Other amendments agreed include:

Timing of permit reviews General binding rules Scope – small number of new activities included Stimulation of emerging techniques Commission reviews Data from Member States

Expected adoption and coming into force by the end of 2010

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Timeline for the future

01/2016

12/2012

12/2010 12/2013

07/2015

Adoption and publication of the Directive on industrial emissions within the Official Journal

Member States fully transpose the new Directive (24 months after entry into force). The Directive applies to all new installations from this date onwards

All existing installations previously subject to IPPC, Waste Incineration, Solvent Emissions and Titanium Dioxide Directives must meet the requirements of the new Directive. Large Combustion Plants do not yet need to meet the new ELVs prescribed within the Directive.

The newly prescribed activities such as waste installations and wood preservation activities must meet the requirements of the new Directive.

Large Combustion Plants must meet the requirements set out in Chapter 3 of the new Directive, as well as the Emission Limit Values set out in Annex V

Transitional National Plan provisions end Limited lifetime derogation provisions end

07/2020

12/2023

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For more information… DG ENV industrial emissions website

http://ec.europa.eu/environment/air/pollutants/index.htm

CIRCA website on the IPPC review (study reports)http://circa.europa.eu/Public/irc/env/ippc_rev/library

European IPPC Bureau (BREFs)http://eippcb.jrc.es/pages/FActivities.htm

Status in co-decision – PreLex

http://ec.europa.eu/prelex/detail_dossier_real.cfm?CL=en&DosId=196594