The European IPPC Bureau Institute for Prospective Technological Studies (IPTS) Seville, Spain Internet E.mail : Don Litten - Head of EIPPCB

The development of BAT Reference Documents (BREFs) in Sevilla and their potential uses

European Commission Directorate General Joint Research Centre Directorates General Agri, Tren, Sanco... Directorate General Environment Directorate General Enterprise IPTS Institute for Prospective Technological Studies IES, IPSC, ICHP IRMM, IE, ITU EIPPCB - European IPPC Bureau

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)

Directive 96/61/EC Exchange of information on BAT Article 16 (2) : The Commission shall organise an exchange of information between Member States and the industries concerned on best available techniques, associated monitoring, and developments in them. Every three years the Commission shall publish the results of the exchanges of information. Results of information exchange = series of BAT reference documents (BREF) = one of the considerations to be taken into account when determining BAT according to Annex IV.

Information Exchange Information Exchange Forum (IEF) (policy decision to include “new” Member States prior to Accession). EFTA countries also. Member States (+) and Industry experts in Technical Working Groups (TWGs). EIPPCB staffed by selected experts capable of expert judgement / opinion

Information Exchange Mechanism Initial brainstorming scoping etc Background material submitted TWG meetings ( 2 ) Contributions from TWG members EIPPCB research, validation, drafting Draft(s) for consultation in TWG TWG output to DG ENV / IEF

Outline planning for each BREF 32 BREFs - BAT reference documents - foreseen in initial work program of EIPPCB

Determination of BAT in BREFs  identify the key environmental issues for the sector;  examine relevant techniques to address key issues;  identify the best environmental performance levels, on the basis of the available data in the EU and world-wide;  examine the conditions under which these performance levels were achieved; such as costs, cross-media effects, main driving forces involved in implementation of the techniques;  select BAT and the associated emission and/or consumption levels for this sector in a general sense all according to Article 2(11) and Annex IV of the Directive.

BAT in BREFs It is intended that the general BAT in this chapter are a reference point against which to judge the current performance of an existing installation or to judge a proposal for a new installation. In this way they will assist in the determination of appropriate "BAT-based" conditions for the installation or in the establishment of general binding rules under Article 9(8).

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.

From BREF to Permit conditions BREF gives BAT in a general sense determined as appropriate for the whole European Sector. BREF cannot address every local variation in any detail – may mention some common issues. Art 9(4) requires that local decisions are made to determine appropriate permit conditions for the specific installation. Recital 18 provides that responsibility for those local decisions rests with MSs.

From BREF to Permit conditions Specific issues for an installation may include: Process integrated with other processes (or not as the case may be) = opportunities for energy or waste management on whole site. N.B - obligation on operator (and opportunity) to make proposals as part of application for permit. Prioritisation considering current performance close or not so close to general BAT performance (distance to target). Specific environmental policy priorities. Legal framework for monitoring and enforcement.

Examples of actual emission profiles – 1, effluent COD from pulp mill over 30 days

Examples of actual emission profiles – 2, effluent COD from pulp mill over 5 months Arithmetic mean

Examples of actual emission profiles – 3, continuous NOx from pulp mill black liquor boiler over 3 days

Examples of actual emission profiles – 4, daily average NOx from pulp mill black liquor boiler over 5 months 3 day range mg/MJ

From BREF to Permit conditions Legal framework for monitoring and enforcement. Every sample required to comply or occasional exceedance permitted or long term average as target? Significance of emission – acute short term effect or chronic / cumulative long term effect ? Significance of short term exceedance ? What evidence is admissible in court for enforcement of permit condition (measurements, estimates, calculations)? EU not currently harmonised in approach.

From BREF to Permit conditions Article 9(4) of IPPC Directive requires permit not to prescribe use of specific technology: Performance based conditions allow operator to choose how to achieve performance. Can be difficult or impossible to express performance related to preventing releases. Sometimes only one technique known which achieves BAT performance. Operator has opportunity in making application to propose any new or innovative alternative. Innovation welcome – see Recital 13.

From BREF to Permit conditions IPPC Directive definition of BAT makes no provision for economic viability in every case at every installation: Options to improve installation to achieve BAT (or better if required) need time to plan and invest. No wish to reward poor management or lack of environmental investment. Cases expected where permit is refused or granted only for period prior to closing all or part of installation. Applications from operators and decisions of regulatory authority all open to external scrutiny. Zero emissions usually not possible. Optimum solution based on BAT is both possible and beneficial to EU.