2. The European IPPC Bureau Institute for Prospective Technological Studies (IPTS) Seville, Spain Internet http://eippcb.jrc.es, E.mail : eippcb@jrc.es Don Litten - Head of EIPPCB

3. Role of Energy Efficiency in the BAT Reference Documents.

4. European Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (IPPC) a framework directive aiming at a high level of protection for the environment as a whole - all environmental media operating permits for industry with conditions to be based on “best available techniques” ( BAT ) - NB also to meet EQS provides for an exchange of information on BAT - Article 16(2)

5. From Article 9(4) - Directive 96/61/EC … permit conditions must, without prejudice to compliance with environmental quality standards, be based on the best available techniques, without prescribing the use of any technique or specific technology, but taking into account the technical characteristics of the installation concerned; its geographical location; and the local environmental conditions.

6. From BREF to Permit condition BAT (in BREFs) BAT-based permit or GBR (Art 9(8)) Local considerations according to Article 9(4) + Legally binding Descriptive MS right to choose how

7. IPPC on Energy Article 2(11) : BAT relates to impact on the environment as a whole. Article 2(2) mentions direct and indirect emissions which may cause harm to human health or environment. Article 3(d) : energy to be used efficiently. Annex IV lists energy efficiency as one consideration to be taken into account when determining BAT. BUT – IPPC permit relates to one or more installations (or parts of) on same site and same operator. IPPC Directive amended to take account of the EU emission trading scheme for greenhouse gases.

8. Energy in BREFs Efficient use of energy within the process. Inevitability of energy loss due to technical characteristics of process (e.g. cement kilns, steam cycle in electricity generation). Possible energy penalty when considering if a particular technique is BAT (potential “cross media” conflict). Generic energy efficiency document foreseen.

9. BAT and Energy Optimum “economic” energy efficiency may not be optimum “environmental” solution. To introduce energy saving measures with a neutral or even positive net cost may still be economically feasible. Sometimes the true cost and benefits of energy saving measures are not well assessed. Energy saving can mean less fuel cost plus more product to sell (less waste) plus less maintenance and downtime (reference 2004 European Lime conference, Krakow). True cost of waste is cost of waste disposal or treatment plus cost of lost raw materials plus cost of processing.

10. BREFs and Energy Detailed and comprehensive energy data generally not available as part of BAT information exchange. Precise energy data can be commercially sensitive. How to value the environmental benefit of energy saving? Generally, energy saving must be a positive environmental factor not negative (unless there is cross media trade-off). Potential for energy saving is often highly dependent on local factors such as customers for low grade heat. General principles and specific energy saving techniques may be BAT subject to local conditions.

11. BREFs and Energy BREFs can and do (where information was available): Consider energy in the determination of BAT. Highlight which energy saving techniques are most appropriate to the BREF industry sector(s) – information to operators which may in particular help SMEs. Clarify inevitable energy required to carry out process. Provide some benchmarks of energy efficiency. Highlight lack of available energy data or difficulty in expressing relevant energy efficiency indicators for industry sector(s).

12. BREFs and Energy BREFs cannot: Address every local situation in detail. Make up for lack of available data on energy. Force implementation of energy saving measures until they are used to determine legally binding permit requirements. Address energy saving achievable through infrastructural changes, non-IPPC installations, possible collaboration between different enterprises, alternative products etc. – because IPPC is one valuable tool but not THE only tool!