Upload
tracey-greer
View
219
Download
0
Embed Size (px)
DESCRIPTION
The current legal situation European industry is subject to a range of legislation concerning industrial emissions.... (other than CO2) Directive on the limitation of emissions of VOC from solvents IPPC Directive Directives related to the titanium dioxide industry Large Combustion Plants (LCP) Directive European Pollutant Release and Transfer Register (E-PRTR) Waste Incineration Directive This makes enforcement at Community level very difficult and leads to unnecessary administrative burden
Citation preview
1
The Industrial Emissions Directive (IED) (IPPC Recast)
Keir McAndrew, DG ENV C.3
2
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
3
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
4
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)
5
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
6
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
7
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
8
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
9
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
10
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)
11
Monitoring is different to a baseline report
Baseline report
Soil / groundwater monitoring
12
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
13
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
14
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
15
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