Implementation of IED Implications for industry, particularly those involved in waste management, and the influences it has on permitting Dynes Solicitors - Consultancies Meeting 11 th September 2014 Martin Jenkins Permit Review Lead National Permitting Service, part of National Services E&B

What are we going to cover What is IED? How is it implemented in England and Wales What might this mean for those treating or storing waste What should they do to remain compliant with the Regulations What does the future look like? 2 'Implementation of Dynes Solicitors Consultancies Meeting, 9th September 2014

What is IED? Industrial Emissions Directive (2010/75/EU) Brings together and updates 7 older pieces of EU legislation integrated pollution prevention and control (IPPC), large combustion plants, waste incineration, activities using organic solvents and three on titanium dioxide production More prescriptive about technical standards, about openness and about reporting decisions Joins other EU Directives as a central plank to consistent control of environmental risk and related waste markets across Europe that we see driving our regulatory controls 3'Implementation of Dynes Solicitors Consultancies Meeting, 9th September 2014

Implementation in England & Wales Amendment to the Environmental Permitting (England and Wales) Regulations 2010 {SI 2010 No. 675} The Environmental Permitting (England and Wales) (Amendment) Regulations 2013 – {SI 2013 No. 390} Unofficial consolidated version Unofficial consolidated version of EPR available Installation activities reference descriptions & capacities in Schedule 1 to EPR; anyone treating, storing or disposing of waste; discharges to water environment Existing regulatory guidance notes, technical guidance notes, application forms, charging mechanisms and interpretation documents remain largely unchanged 4'Implementation of Dynes Solicitors Consultancies Meeting, 9th September 2014

Key Dates for Implementation New Installations needed to be compliant on 7 th January 2013 Existing Installations came under the scope of IED on 7 th January 2014 Some existing waste operations now defined as Installations need to be compliant by 7 th July 2015 If the waste facility wasn’t in operation on 7 th January 2013 it needs to be permitted as an installation before it starts processing waste 5'Implementation of Dynes Solicitors Consultancies Meeting, 9th September 2014

Which waste operations? ActivityDescription 5.3recovery of hazardous waste in an installation with a capacity over 10 tonnes per day by biological (R3) or physico-chemical treatment (R3, R5-R8), blending, mixing or repackaging, or surface impoundment 5.4 a)disposal of non-hazardous waste in an installation with a capacity over 50 tonnes per day by biological (D8) or physico-chemical treatment(D9), pre-treatment for incineration or co- incineration (D8 or D9), treatment of slags and ashes (D9) or treatment in shredders of metal waste(D9). This daily capacity threshold is increased to 100 tonnes per day if the only waste treatment activity is anaerobic digestion 5.4 b)paragraph (b) of section 5.4 in relation to the recovery or a mix of recovery and disposal of non- hazardous waste in an installation with a capacity over 75 tonnes per day by biological treatment (R3), pre-treatment for incineration or co-incineration(R3, R5), treatment of slags and ashes (R4, R5) or treatment in shredders of metal waste (R4). This daily capacity threshold is increased to 100 tonnes per day if the only waste treatment activity is anaerobic digestion 5.6section 5.6 in relation to the temporary or underground storage of hazardous waste with a capacity over 50 tonnes (R13, D15); 6.8 paragraph (d) in relation to the treatment and processing of animal and vegetable raw materials for food and feed 6'Implementation of Dynes Solicitors Consultancies Meeting, 9th September 2014

What do some of these words mean? Recovery vs. Disposal Focus on the intent of the treatment process Capacity If the site has either the legal or physical capacity it needs re-permitting For bio-waste treatment this is the maximum tonnage of waste on site at any one time divided by the minimum retention time Pre-treatment of waste for incineration Unfortunately this remains unclear. We await the outcome of an on-going discussions with DEFRA around the intentions of the Directive We are not seeking applications for this activity until clarity is provided Haz waste storage ‘pending any of the activities listed in Sections 5.1, 5.2, 5.3 and paragraph (b) of this Section’ 7'Implementation of Dynes Solicitors Consultancies Meeting, 9th September 2014

To remain compliant Submit a duly made application by the relevant date for your existing activity 30th September 2014 for Section 5.4 b) - recovery or a mix of recovery and disposal of non-hazardous waste 31st December 2014 for Section recovery of hazardous waste & Section 5.4 a) - disposal of non-hazardous waste 31st March 2015 for Section temporary or underground storage of hazardous waste & Section 6.8 d) - treatment and processing of animal and vegetable raw materials for food and feed Age of your existing permit dictates costs & information No technical assessment for permits issued since 2007 hence free admin Normal variation for older permits Use the Duly Made Checklist to guide what info is needed 8'Implementation of Dynes Solicitors Consultancies Meeting, 9th September 2014

Key points of the checklist Use questionnaire to see if you are caught All facilities need to: Ask for a new activity to be added to their permit define ‘the installation’, it’s capacity, what is related and dependant on that element of the facility The waste types accepted (by EWC code) Plans showing emission points Normal variations need to demonstrate they protect the environment by using modern standards Appropriate measures for waste activities ≈ BAT Application fee For normal variations is Waste Opra x £140 9'Implementation of Dynes Solicitors Consultancies Meeting, 9th September 2014

What does the future hold? Much greater reliance on operators management systems to define and control activities at the facility Subsistence costs for installation facilities generally higher than subsistence for waste facilities Plans being developed for sector based reviews of existing permits 10'Implementation of Dynes Solicitors Consultancies Meeting, 9th September 2014

Any Questions? Martin Jenkins IED & Permit Review Lead National Permitting Service, part of National Services E&B