Development of guidance Meeting of the IED Article 13 Forum subgroup for the practical arrangements for the exchange of information referred to in Article 13 of the IED Meeting of the IED Article 13 Forum subgroup 2 May 2011 DG ENV.C.3 JRC.IPTS.SPC.EIPPCB

Earlier steps … Guidance developed under IPPCD Consolidated version October 2010 First version of IED BAT guidance: February 2011 Discussed by Forum subgroup 8 March and at Forum meeting 9 March Comments received from stakeholders: 22 March available on CIRCA website Revised version sent out 14 April to be discussed at Forum subgroup meeting 2 May

Structure of the document Chapter 1: Aim and general procedure Chapter 2: BREF contents and scope Chapter 3: BAT Conclusions Chapter 4: Organisation of the exchange of information Chapter 5: Data collection and submission Chapter 6: Quality assurance of BREFs The following slides detail elements that have changed in the 2nd draft of the guidance. They do not cover all of the content of the draft guidance document.

Chapter 1: AIM AND GENERAL PROCEDURE FOR DRAWING UP AND REVIEWING A BAT REFERENCE DOCUMENT (BREF) BAT definition inserted BREF is defined as a descriptive document, not prescriptive, nor interpretative BREF is not a textbook, but should contain sufficient information concerning main techniques considered and grounds for BAT conclusions Horizontal vs vertical BREFs: clarified, but information NOT included concerning the use of the documents (implementation) Need to be clear on the scope of the documents Interactions with other BREFs will specifically be addressed in the KOM General procedure for drafting/review WORKFLOW (see next slide) distinguishing 3 cases Keep in mind objective, review frequency (8 yr), EIPPCB staff

Typical workflow for the drawing up and review of BREFs New BREF or BREF review with major scope expansion 1st review of a BREF without major scope expansion subsequent review of a BREF without major scope expansion Activation call of TWG (new BREF) or TWG reactivation and call for ‘wishes’ (BREF review) TWG reactivation and call for ‘wishes’ TWG reactivation and call for ‘wishes’ 5 months 3 months (new BREF) 5 months (BREF review) kick-off meeting 5 months 6 months kick-off meeting TWG kick-off meeting Information 6 months 4 – 6 months RAI 6 months Information Draft 1 (D1) revised draft BAT conclusions RAI Information RAI 6 months (new BREF) 4 – 6 months (BREF review) 4 – 6 months 2 – 3 months RAI revised draft BAT conclusions TWG comments Draft 1 (D1) RAI Draft 1 (D1) yes Draft 2? 2 – 3 months 2 – 3 months 3 – 7 months RAI no TWG comments TWG comments Draft 2 (D2) RAI 5 – 7 months RAI 3 – 5 months (revised) draft BAT conclusions Draft 2 (D2) 2 – 3 months 3 – 5 months RAI TWG comments Chap. 3, 4, 5 2 – 3 months 3 – 5 months RAI TWG comments Final TWG meeting RAI Chap. 3, 4, 5 3 – 5 months Chap. 3, 4, 5 3 months Final TWG meeting Final draft Final TWG meeting 3 months Total: 23 – 28 months 3 months Final draft Final draft Total: 28 – 38 months (with D2) 23 – 28 months (without D2) Total: 30 – 38 months RAI: request for additional information from the EIPPCB to the TWG (if this is considered necessary) Chap. 3, 4, 5: Update of at least Chapters 3, 4 and 5

Chapter 1: AIM AND GENERAL PROCEDURE FOR DRAWING UP AND REVIEWING A BAT REFERENCE DOCUMENT (BREF) Opinion of the Forum Indication of issues that may be addressed (not exhaustive) Following adoption of BAT conclusions: finalisation of BREF and publication

Chapter 2: BREF CONTENTS AND SCOPE BREF structure and content: largely unchanged Chapter ‘Techniques to consider in the determination of BAT’ Crucial chapter! Prevention takes precedence over abatement Environmental performance/operational data Incl. information on conditions/circumstances hampering use of abatement at full capacity or necessitating bypassing Applicability Gather information on general restrictions (technical, economical) Not meant to be list of possible local conditions affecting applicability at individual installation level Evidence to support technique as BAT coming from one installation: thorough assessment of applicability within sector

Chapter 3: BAT CONCLUSIONS General term: “environmental performance level” (EPL) Emissions Consumption (energy, raw materials, water) Other (e.g. abatement efficiency) Where EPL included: based on data gathered during info exchange Conclusions with BAT AELs Information can be added to explain how lower end can be achieved or to reflect different performance of different techniques Different ways possible for expressing levels Conclusions with other EPL / without EPL

Chapter 4: ORGANISATION OF THE EXCHANGE OF INFORMATION Role of TWG Establishment: nomination by Forum members; for industry this may be coordinated amongst EU industrial associations Task: reporting back to Forum representative in case of issues Kick-off meeting to conclude on How to deal with potentially confidential/sensitive info How to identify measures for other than normal operating conditions How to deal with interactions with other BREFs Data collection 1st round: templates/questionnaire and ‘information mapping sheets’ ‘information mapping sheets’: indicates the parts of the BREF to which each piece of submitted information relates RAI: sent by EIPPCB to gather important BAT related information (if considered necessary) Formal drafts vs working drafts

DATA COLLECTION AND SUBMISSION Chapter 5: DATA COLLECTION AND SUBMISSION Best performing installations Information to include sufficient detail to understand how high level of environmental performance could be achieved Confidentiality issues Generally not an issue as focus on emission data In case confidential/sensitive info is required: will not be reported unless it provides important basis for BAT conclusions and publication is authorised  to be dealt with case-by-case during questionnaire development Averages, ranges and distributions of emission values Short-term averages should be provided particularly, the variation range and distribution functions (mean, max, std. dev.) of daily or hourly averages collected over a long period (e.g. one year or more) is necessary to identify the emission pattern Last minute data should be avoided

Focus on role of all stakeholders in QA Chapter 6: QUALITY ASSURANCE OF THE DRAWING UP AND REVIEWING OF THE BREFs No major changes Focus on role of all stakeholders in QA

7 June: IED Art. 75 Committee Next meetings … Note: all dates are tentative and subject to confirmation 7 June: IED Art. 75 Committee Commission will provide an update on progress in the development of the guidance 12-13 September: Forum Forum to provide its opinion on the guidance and on the full BREFs (including BAT conclusions) for I&S and GLS 21 November: IED Art. 75 Committee To vote on the guidance and on the BAT conclusions for I&S and GLS