The IED: Industrial Emissions Directive Marie O’Connor, Office Climate, Licensing and Resource Use

Presentation Structure Background/structure of Industrial Emissions Directive Chapter I Common Provisions Chapter II - Main issues related to the IPPC Directive BAT Conclusions – how they are developed Annex I Transposition- Timelines Points to Consider

Industrial Emissions Directive (IED) IED Revises/merges seven directives: IPPC 2008/1/EC (codified1996/61/EC) Waste Incineration 2000/76/EC Large Combustion Plant 2001/80/EC Solvent Emissions 1999/13/EC 3 Titanium Dioxide related Directives. IED entered into force on 06th January 2011.

Background 2005 – EC launched a review of industrial emissions legislation 2007 - EC published a proposed Directive to address concerns: insufficient implementation of BAT leading to limited progress in prevention and reduction of emissions and distortion of competition across MS. Enforcement and compliance limitations in existing legislation. Administrative burdens due to complexity and inconsistencies across directives. Insufficient scope/unclear provisions of the IPPC Directive

IED Structure 7 Chapters (75 Articles) and 10 Annexes: Ch.1 Common Provisions (all IED activities) Ch.2 Special Provisions (Annex 1 activities only) Ch.3 Large Combustion Plant Ch.4 Waste Incineration Ch.5 Solvent emissions Ch.6 Titanium Dioxide Ch. 7 Committee, transitional, and final provisions.

Presentation Structure Background/structure of Industrial Emissions Directive Chapter I Common Provisions Chapter II - Main issues related to the IPPC Directive BAT Conclusions – how they are developed Annex I Transposition - Timelines Points to Consider

Chapter I Common Provisions Article 1 Subject Matter ‘This Directive lays down the rules on integrated prevention and control of pollution arising from industrial activities. It also lays down the rules designed to prevent or, where that is not practicable, to reduce emissions to air, water and land and to prevent the generation of waste, in order to achieve a high level of protection of the environment taken as a whole.’ IPPC Directive used ‘measures’

Chapter 1 Common Provisions Articles 1 & 2 Subject Matter & Scope Article 3 Definitions Article 4 Obligation to hold a permit - Article 5 Granting a permit – co-ordination if more than 1 CA Article 6 General Binding Rules – legal instruments rather than permit Article 7 Incidents and accidents – notifications/actions Article 8 Non-Compliance – notifications/actions Article 9 Emissions of Greenhouse gases – don’t need ELV’s if GHG permit

Presentation Structure Background/structure of Industrial Emissions Directive Chapter I Common Provisions Chapter II - Main issues related to the IPPC Directive BAT Conclusions – how they are developed Annex I Transposition - Timelines Points to Consider

Chapter II Main new elements Articles 10 – 27: Art 11: General Principles Prevent pollution, BAT, waste minimisation, energy efficiency, cessation of activity (Baseline report) Article 12 - Application for permits Baseline Report and issues around the condition of the site

Baseline Report & Site Closure IPPC required site returned to ‘satisfactory state’ IED Art. 12 and 22 requires a baseline report if activity involves the use, production or release of hazardous substances having regard to possibility of soil or groundwater contamination. From 07/01/13 – Operator must prepare the Baseline report before commencement of the activity or as part of application for review. Site must be returned to that state following cessation (EC to provide guidance).

Ch II Main new Elements Article 14 – Permit conditions: Based on Art 9 IPPCD – but main change is that BAT Conclusions to be the reference for setting conditions other : emissions monitoring procedure tied into BAT reporting to CA to be at least annually soil/groundwater protection measures. abnormal operation measures

Article 15 & 16: ELVs, Monitoring ELVs to be based on BAT conclusions AELs Derogations allowed where - location/local env. conditions installation technical characteristics No significant pollution caused will cause disproportionate costs. All derogation must be notified to EC and no derogations from ELV’s in IED Monitoring Based on BAT requirements Sets soil/groundwater monitoring frequencies

BAT Conclusions BAT Conclusions are adopted as Implementing Decisions by the Commission 2 have been adopted/published Glass Sector Implementing Decision 2012/134/EU Iron and Steel Sector – Implementing Decision 2012/135/EU Significance The permits in this sector will have to be reviewed and the installations operating to this BAT standard within 4 years .

Where do BAT Conclusions come from? Article 13 – BREF and information exchange: Sets out rules and arrangements for preparing guidance on data collection & BREF notes. EIPPCB produces a draft BREF document (Sevilla Process) Contains BAT conclusions Submitted to Art 13 Forum - Stakeholders ,MS, industry, NGOs

Role of the Art 13 Forum The forum provides its opinion on the proposed content of the BREFs The opinion of the forum is to be made publicly available The opinion of the forum is to be taken into account by the Commission when it proposes decisions on BAT Conclusions to be adopted via the Article 75 Committee.

Chapter II Main new Elements Art 21 Permit conditions reconsideration/update - Operator must supply relevant data to allow BAT comparison - Permit review and installation compliance within 4 years of new BAT conclusions. Art 27 Emerging Techniques - MS to encourage, esp. those in BREF.

Annex I – new/amended activities New and amended activities – wording refined in many cases Class 1.4 Gasification or liquefaction of: (a) coal; (b) other fuels in installations with a total rated thermal input of 20 MW or more. Could include waste/tyre pyrolysis not covered by WI or IPPC Directives (or POE/WM Acts) Class 3.1 Cement & Lime: expanded to include magnesium oxide , < 50 tonnes/day not in POE ACT Clarifies threshold for cement clinker in non-rotary kilns (50 tonnes/day)

Annex I – new/amended activities Class 4 Chemical Industry “...production on an industrial scale by chemical or biological processing of substances or groups of substances listed in points 4.1 to 4.6”.

Annex I – new/amended activities Class 5 Waste Management: Temporary storage of hazardous waste (>50 tonnes total capacity, exemption if on site of generation). Underground storage of hazardous waste (>50 tonnes total capacity). Recovery (or disposal and recovery) of non-hazardous waste. Class 6.1 Production in industrial installations of: (c) one or more of the following wood-based panels: oriented strand board, particle board or fibreboard with a production capacity exceeding 600 m3/day.

Annex I– Class 6.4 (b) clarification Includes Feed in Production of Food Class 6.4 (b) Treatment and processing, other than exclusively packaging, of the following raw materials, whether previously processed or unprocessed, intended for the production of food or feed from: (i) only animal raw materials (other than exclusively milk) with a finished product production capacity greater than 75 tonnes per day: (ii) only vegetable raw materials with a finished product production capacity greater than 300 tonnes per day or 600 tonnes per day where the installation operates for a period of no more than 90 consecutive days in any year;

Annex I– Class 6.4 (b) clarification (iii) animal and vegetable raw materials, both in combined and separate products, with a finished product production capacity in tonnes per day greater than: 75 if A is equal to 10 or more; or, [300 – (22.5 x A)] in any other case, where ‘A’ is the portion of animal material (in percent of weight) of the finished product production capacity. Packaging shall not be included in the final weight of the product. This subsection shall not apply where the raw material is milk only. This activity means as the % animal material increases,

Presentation Structure Background/structure of Industrial Emissions Directive Chapter I Common Provisions Chapter II - Main issues related to the IPPC Directive BAT Conclusions – how they are developed Annex I Transposition - Timelines Points to Consider

Timeline for implementation of IED 30/6/2020 7/1/2013 7/7/2015 6/1/2011 7/1/2014 1/1/2016 31/12/2023 Entry into force IED MS fully transpose IED and it applies to all new installations All existing installations must meet the requirements – new ELV’s set in Chapter III LCP do not apply. New activities must comply i.e. wood preservation LCP must meet requirements in Chpt III and Annex V Transitional National Plans provisions for LCP end Limited lifetime derogation provisions for LCP end

Transposition – what does it entail Amendment of EPA Act, WMA, Solvents Regulations, LCP Regulations, Waste Incineration Regulations Commission has prepared an Informal Checklist to assist MS http://ec.europa.eu/environment/air/pollutants/stationary/index.htm DECLG preparing Regulatory Impact Analysis (RIA) for consultation

Points to Consider IPPC directive requirements are currently on all activities scheduled in the WMA and EPA Do we want IED requirements to be imposed on sub IED threshold installations? Which of the derogations/flexibilities allowed under IED do Ireland want to Transpose?

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