REVISION OF THE IPPC DIRECTIVE  DIRECTIVE ON INDUSTRIAL EMISSIONS

European Commission presented its official proposal for a Directive on Industrial Emissions (IPPC) on 21 December 2007 Structure: the proposal consists of 7 chapters Chapter I Common provisions (more closely defined in subsequent chapters) Art 1Subject Matter Art 2Scope Art 3Definitions Art 4Obligation to hold a permit Art 5Operators Art 6Granting of a permit Art 7General binding rules Art 8Reporting on compliance Art 9Non-compliance Art 10Emission of greenhouse gases Chapter II Special provisions for activities listed in Annex I Chapter III Special provisions for combustion plants Chapter IV Special provisions for waste incineration plants and waste co-incineration plants Chapter V Special provisions for installations and activities using organic solvents Chapter VI Special provisions for installations producing titanium dioxide Chapter VIICommittee, transitional and final provisions

Main points of the Commission proposal Scope of the Directive Chapter I (Common provisions):, art. 2: “This directive shall apply to all industrial activities giving rise to pollution referred to in chapter II to VI.” Chapter II, art. 11 (“Special provisions for activities listed in Annex I”): “This chapter shall apply to all activities set out in Annex I and, where applicable, reaching the capacity thresholds set out in that Annex.” List of activities in Annex I remains essentially the same as in the preliminary revised text of the Commission (see print out).

Conditions for a permit: ELVs versus BATAELs (1) Art. 16. (“Emission limit values, equivalent parameters and technical measures”): Art ELVs shall be based on BAT, without prescribing the use of any technique or specific technology; ELVs shall not exceed the BATAELs Art Competent authority may in specific! cases deviate (after an assessment of environmental an economic costs and after taking into account the technical characteristics of the installation, its geographical location and the local environmental conditions); those ELVs shall not exceed ELVs set out in Annex V to VIII; Commission may establish criteria for the granting of derogations under the comitology procedure (2) Art. 17 (“Monitoring requirements”): Periodic monitoring for installations dealing with dangerous substances at least every seven years

(3) Art. 18. (“General binding rules”), (art. 7: MS may include requirements for certain installation, i.e. waste incineration plants or waste co- incineration plants): General binding rules shall be based on BATs MS shall ensure that general binding rules contain ELVs that do not exceed BATAELs Update of BATs; (“Where Commission adopts a new or updated BAT MS shall, within four years of publication, where necessary, reconsider and update the general binding rules for the installations concerned.”) (4) No minimum requirements to be adopted by the Commission (as foreseen in the previous Commission working version)! (5) Art. 19, (“Environmental quality standards”): reference to national emission ceilings not included (6) Art. 8, (“Reporting on compliance”): Operator provides a compliance report every 12 months (Art. 24, only for Annex I activities) report shall include a comparison between the operation of the installation, incl. the levels of emissions and BATAELs (7) Art. 30, (“Emerging techniques”): No changes to Commission’s preliminary recast version (incentives for the development of emerging technologies shall be established; the Commission is competent to develop measures in this regard under the comitology procedure)

ETS for Nox and SOx Art. 10, Commission deleted the extension of ETS; however, the EC states in its non-binding communication that they “will continue to work on possible EU rules for an emission trading system on NOx and SO2! Incorporation of the WID into the revised IPPC directive (1)WID can be found in Chapter IV (“Special provisions for waste incineration plants and waste co-incineration plants”) (art ) (2)No mentioning of thresholds (3)Requirement for permits is already dealt with in Ch. I “Common provisions”: Art. 4 (“MS shall take the necessary measures to ensure that no installation or combustion plant, waste incineration plant or waste co- incineration plant is operated without permit.”) (4)Overall, the part on the WID corresponds largely to the previous recast version of the Commission. Implementation (C hapter VII, “Committee, transitional and final provisions”): (1) Art. 71 (“Transposition”): The directive enters into force 18 months after its publication in the Official Journal (2) Art. 73 (“Transitional provisions”): For certain installations transitionary provision (application of the provisions only 3 (i.e. Annex I 5.1., 5.2., 5.3. a and b, 5.4.) or 4,5 years after entry into force (i.e. treatment of slags and ashes, treatment of scrap material)