Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Page 1 DEFINING THE BOUNDARY OF AN INSTALLATION Gijs van Luyn InfoMil

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Page 2

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Page 3 IPPC Directive, article 2(3) : –‘installation’ shall mean a stationary technical unit where one or more activities listed in Annex I are carried out, and any other directly associated activities which have a technical connection with the activities carried out on that site and which could have an effect on emissions and pollution BUT... What the law says about Installations

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Page 4 Annex I also contains the word “installation” e.g. –“6.6. Installations for the intensive rearing of poultry or pigs with more than: (a) places for poultry (b) places for production pigs (c) 750 places for sows” –Circularity! What the Law says about Installations

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Page 5 European Commission: –Communication + FAQ's –BREF’s - Horizontal and Vertical IPPC Installations Guidance at the EC Level

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Page 6 Easier if broken down into two parts: –(i) a stationary technical unit where one or more activities listed in Annex I are carried out; and –(ii) any other location on the same site where any other directly associated activities are carried out which have a technical connection with the activities carried out in the stationary technical unit and which could have an effect on emissions and pollution The Scope of an installation (1)

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Page 7 The Scope of an Installation (2) Limb (i) Rules = two become one if: they carry out successive steps in one integrated industrial activity, or one listed activity is an activity directly associated to the other activity, or both listed activities are served by a common activity

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Page 8 Limb (ii) Rules = the extra bits Same site Directly associated Technical connection Could have effect on emissions and pollution The Scope of Installation (3)

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Page 9 Same site: –same location or vicinity = judgement –if there is a physical barrier such as a stream, the question is: are parcels technically connected? –the separation between two activities - a separation of a mile or so could still be considered on the same site but beyond this less likely The Scope of an Installation (4)

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Page 10 Directly associated: –does it serve the listed activity? (asymmetrical relationship) –what if an activity serves listed and unlisted activities? “principal user” most dependent user, or if not clear largest single user The Scope of Installation (5)

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Page 11 The Scope of an Installation (6) Technical connection –does not have to be physical –criterion: “integral parts of the overall listed industrial activity” –factors which may make the connection: inevitability; practicality; technical need –factors which may break the connection: prolonged storage; transport

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Page 12 Could have an effect on emissions –from the listed or directly associated activities –must be clear how it might affect emissions –if very unlikely it could cause releases leave it out! The Scope of an Installation (7)

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Page 13 “Installations” Conclusions 3 Do’s Do expect different results at sites that superficially look the same Do use common sense where the resulting composition of the installation is unclear! Do avoid mega-installations; determination of BAT becomes very difficult

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 A chemical plant served by an effluent treatment works on the same site Two chemical plants served by the same effluent treatment works Three combustion plants discharging through a common stack Some Examples

The packaging of cement powder at a cement works A stockyard at a brick works used for the storage of bricks A cement clinker manufacturing plant with an on site chalk quarry Combined heat and power plant > 50 MW serving a light industrial estate engaged in non- listed activities Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 Some Examples

ANY QUESTIONS? Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01