The Industrial Emissions Directive (IED) (IPPC Recast) Keir McAndrew, DG ENV C.3

The current legal situation European industry is subject to a range of legislation concerning industrial emissions.... (other than CO2) Directive on the limitation of emissions of VOC from solvents IPPC Directive Directives related to the titanium dioxide industry Large Combustion Plants (LCP) Directive European Pollutant Release and Transfer Register (E-PRTR) Waste Incineration Directive This makes enforcement at Community level very difficult and leads to unnecessary administrative burden

Fundamentals of the IPPC Directive Focus on prevention of pollution and, if not feasible, minimisation Installations must operate according to an integrated permit Permits should contain Emission Limit Values based on Best Available Techniques with the possibility to take into account certain local conditions BAT information exchange leads to the BAT Reference Documents (BREFs), adopted by the Commission The Public are provided with access to information Final deadline for implementation: 30 October 2007

The Commission’s IPPC review (2006-07) Concerns with the status quo The Commission’s review identified 4 key areas of concern: Insufficient implementation of Best Available Techniques (BAT) Limitations with regard to compliance enforcement and environmental improvements Unnecessary administrative burdens due to complexity and inconsistency of parts of legal framework Insufficient scope and unclear provisions to achieve the Thematic Strategy objectives (air, waste, soil)

COM Proposal for an Industrial Emissions Directive (IED) Adopted on 21 December 2007 Recast into one single act the IPPC and 6 ‘sectoral’ Directives LCPD, Solvent Emissions, Waste Incineration, TiO2 (3 Dir) Key elements strengthening of BAT and role of the BREFs new minimum ELVs for LCP bringing them in line with BAT Simplification + reduction of unnecessary admin burden Minimum provisions on inspections, review of permit conditions and reporting on compliance Introduction of some new activities and provisions on soil & groundwater protection to help meeting Thematic Strategies objectives

Key issue one – BAT and BAT conclusions BAT conclusions are the basis for setting permit conditions, and in particular emission limit values To be adopted through Committee Emission limit values to be set so that emissions do not exceed BAT-AELs Article 15(4) derogation clause allows some flexibility against specific criteria – local envt; geographical location; technical characteristics Derogation - justification made public – no significant pollution can be caused through application – link to quality standards Data to be collected on application by Member States and possible clarification by Commission in future

Key issue two – Large Combustion Plant Tightening of minimum emission limit values for large combustion plants (aligned with current BAT (upper end of the range) from 2016

Key issue two – Large Combustion Plant Article Council Position EP ENVI Final compromise Art. 31 Desulphurisation rate Minimum rates of desulphurisation without limit in time desulphurisation to end 31 December 2017 and Commission to review Need for extension by 31 December 2013 desulphurisation without limit in time but limits by 31 December 2019 Art. 32 Transitional National Plan (TNP) until 31 December 2020 until 30 June 2019 until 30 June 2020 Art. 33(1) 'opt out' (limited life time derogation) period: 1 January 2016 to 31 December 2023 max. operating hours: 20 000 period: 1 January 2016 to 31 December 2020 max. operating hours: 12 500 max. operating hours: 17 500 Art. 35(1) derogation for district heating plants until 31 December 2023 until 31 December 2019 until 31 December 2022

Key issue three – “European Safety Net (ESN)” European Safety Net concept – minimum standards (emission limit values and compliance) for activities covered by Annex I Following Council rejection of ESN at first reading a more focussed system based on environmental impact of sector and level of application of BAT has been agreed Final ESN is through ordinary legislative procedure and included in reports of Commission on implementation of the Directive i.e. every three years

Key issue four – Baseline report and soil / groundwater In order to ensure integrated approach to pollution prevention and minimisation new measures entered for soil and groundwater Baseline report required where hazardous substances are to be used or produced Once the activity stops operating then the operator assesses the state of soil and groundwater contamination by hazardous substances The operator compares the final assessment and the initial baseline report Where the comparison indicates contamination then the operator must take action Article 17 – Permit to include requirement for periodic monitoring for soil (every 10 years) and groundwater (every 5 years)

Monitoring is different to a baseline report Soil / groundwater monitoring

Key issue five - Inspections Present IPPC Directive contains no formal requirements for inspections Environmental inspection plans are required covering all installations the contents of which are defined in the Directive Based on inspection plans inspection programmes are to be drawn up including the frequency of site visits Risk based criteria entered into the text: Potential and actual impacts of the installation on environment / human health Record of compliance with permit conditions Participation in EMAS High risk installations to be visited at least once every 12 months low risk every 36 months Non-compliance requires a follow up site visit within six months Reports of inspections to be made publicly available

Other amendments Other amendments agreed include: Timing of permit reviews General binding rules Scope – small number of new activities included Stimulation of emerging techniques Commission reviews Data from Member States Expected adoption and coming into force by the end of 2010

Timeline for the future 12/2012 07/2015 07/2020 12/2023 12/2010 12/2013 01/2016 Adoption and publication of the Directive on industrial emissions within the Official Journal Member States fully transpose the new Directive (24 months after entry into force). The Directive applies to all new installations from this date onwards All existing installations previously subject to IPPC, Waste Incineration, Solvent Emissions and Titanium Dioxide Directives must meet the requirements of the new Directive. Large Combustion Plants do not yet need to meet the new ELVs prescribed within the Directive. The newly prescribed activities such as waste installations and wood preservation activities must meet the requirements of the new Directive. Large Combustion Plants must meet the requirements set out in Chapter 3 of the new Directive, as well as the Emission Limit Values set out in Annex V Transitional National Plan provisions end Limited lifetime derogation provisions end

For more information… DG ENV industrial emissions website http://ec.europa.eu/environment/air/pollutants/index.htm CIRCA website on the IPPC review (study reports) http://circa.europa.eu/Public/irc/env/ippc_rev/library European IPPC Bureau (BREFs) http://eippcb.jrc.es/pages/FActivities.htm Status in co-decision – PreLex http://ec.europa.eu/prelex/detail_dossier_real.cfm?CL=en&DosId=196594