1. BMRA Legislative Policy Group – Shredder Sub Group
IED and Permit template Conditions
23 May 2016

2. Metal Recycling and Hazardous Waste Transfer / Treatment Team – E&B SBR
Paul Fernee – Team Leader
Andy Bee – Metal Shredding
Alan Owers - WEEE
Tania Tucker– Sector Lead Metal Recycling
Chris Hall – Hazardous Waste
Jill Rooksby – Sector Lead Hazardous Waste Treatment
Unfortunately Andy is moving on to the Non-hazardous waste sector…

3. EPR Shredder Permitting Objectives
Constraints and Drivers
Ensure that:
we implement ‘General Principles’ whilst minimising impact
we achieve a ‘Level regulatory playing field’
we align direction of travel with Bref Process
operators don’t do things (spend) twice
issued permits withstand public scrutiny

4. Legislative Principles
Waste Directive 2008/98/EC
Underlying principles of Article 13 of the revised Waste Directive (rWD) 2008/98/EC to take the ‘necessary measures’ to ensure that waste management is carried out without endangering human health, without harming the environment etc.
Everyone is familiar with requirements of Waste Directive

5. Legislative Principles Industrial Emissions Directive
(12) The permit should include all the measures necessary to achieve a high level of protection of the environment as a whole and to ensure that the installation is operated in accordance with the general principles governing the basic obligations of the operator. The permit should also include emission limit values for polluting substances, or equivalent parameters or technical measures, appropriate requirements to protect the soil and groundwater and monitoring requirements.
Permit conditions should be set on the basis of best available techniques.
See IED Pre-ample para 12.

6. Legislative Principles Industrial Emissions Directive
Article 11 - General principles governing the basic obligations of the operator
Member States shall take the necessary measures to provide that installations are operated in accordance with the following principles:
(a) all the appropriate preventive measures are taken against pollution;
(b) the best available techniques are applied;
(c) no significant pollution is caused;
(d) the generation of waste is prevented in accordance with Directive 2008/98/EC;
See

7. Legislative Principles Industrial Emissions Directive
Article 11 - General principles governing the basic obligations of the operator
(e) where waste is generated, it is, in order of priority and in accordance with Directive 2008/98/EC, prepared for re-use, recycled, recovered or, where that is technically and economically impossible, it is disposed of while avoiding or reducing any impact on the environment;
(f) energy is used efficiently;
(g) the necessary measures are taken to prevent accidents and limit their consequences;
See

8. Legislative Principles Industrial Emissions Directive
The IPPC Directive (96/6//EC as amended) was replaced by Directive 2010/75/EU on industrial emissions (integrated pollution prevention and control)
Previously member states had to have regard to the Bref, compliance with its requirements will now be mandatory.
The contents of Annex IV 96/6//EC are now found in Annex III of 2010/75/EU. The main change is to point 12 which now states ’12. information published by public international organisations’
See

9. Legislative Principles Industrial Emissions Directive
BAT -
(10) ‘best available techniques’ means the most effective and advanced stage in the development of activities and their methods of operation which indicates the practical suitability of particular techniques for providing the basis for emission limit values and other permit conditions designed to prevent and, where that is not practicable, to reduce emissions and the impact on the environment as a whole:
See

10. Legislative Principles Industrial Emissions Directive
(a) ‘techniques’ includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned;
See

11. Legislative Principles Industrial Emissions Directive
(b) ‘available techniques’ means those developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages, whether or not the techniques are used or produced inside the Member State in question, as long as they are reasonably accessible to the operator;
See

12. Legislative Principles Industrial Emissions Directive
(c) ‘best’ means most effective in achieving a high general level of protection of the environment as a whole;
Also see Article 14 5.
Where the competent authority sets permit conditions onthe basis of a best available technique not described in any of therelevant BAT conclusions, it shall ensure that:
(a) that technique is determined by giving special considerationto the criteria listed in Annex III; and
(b) the requirements of Article 15 are complied with.
Where the BAT conclusions referred to in the first subparagraphdo not contain emission levels associated with the best availabletechniques, the competent authority shall ensure that the technique referred to in the first subparagraph ensures a level of environmental protection equivalent to the best available techniquesdescribed in the BAT conclusions. 6.
Where an activity or a type of production process carriedout within an installation is not covered by any of the BAT conclusions or where those conclusions do not address all the potential environmental effects of the activity or process, the competentauthority shall, after prior consultations with the operator, set thepermit conditions on the basis of the best available techniquesthat it has determined for the activities or processes concerned, bygiving special consideration to the criteria listed in Annex III.

13. Legislative Principles Industrial Emissions Directive
ANNEX III - Criteria for determining best available techniques
1. the use of low-waste technology;
2. the use of less hazardous substances;
3. the furthering of recovery and recycling of substances generated and used in the process and of waste, where appropriate;
4. comparable processes, facilities or methods of operation which have been tried with success on an industrial scale;
See

14. Legislative Principles Industrial Emissions Directive
5. technological advances and changes in scientific knowledge and understanding;
6. the nature, effects and volume of the emissions concerned;
7. the commissioning dates for new or existing installations;
8. the length of time needed to introduce the best available technique;
9. the consumption and nature of raw materials (including water) used in the process and energy efficiency;
See

15. Legislative Principles Industrial Emissions Directive
10. the need to prevent or reduce to a minimum the overall impact of the emissions on the environment and the risks to it;
11. the need to prevent accidents and to minimise the consequences for the environment;
12. information published by public international organisations.
See

16. Discharges to water Includes surface water and sewer
(ie. direct and indirect)
Trade effluent controls relate solely to the quality and quantity of the effluent discharged.
Sewerage Undertakers have no powers to control the process producing the effluent, except in so far as the trade effluent consent limits may influence the choice of process by the discharger.
See

17. Discharges to water - Indirect
The IED permits discharge to sewer and co-treatment at a WwTW, providing that such discharge and treatment guarantees an equivalent level of protection of the environment, taken as a whole, as would be achieved if dedicated treatment on-site had been employed. Coupled with appropriate control at source, treatment at a WwTW can be effective.
See

18. Pre-shredders
Pre-shedders are not mandatory if management systems and existing practices effective. Will be reviewed with BAT Conclusions
Existing practices can include shearing etc.
Target for explosions = none
BAT benchmark for explosions against best performing sites
See

20. Indirect Discharge (to sewer)
Discharge consented by sewerage undertaker
Impact of discharge assessed as acceptable using H1 as part of application?
Review existing data under discharge consent - data adequate ?
yes no no
yes
IC to propose and implement monitoring plan – may go beyond what’s required under consent
Agree monitoring programme with EA
Permit issued with improvement conditions
Permit issued specifying ongoing check monitoring
IC to assess impact of the discharge using H1
Implement mitigation measures where necessary and/or revise monitoring plan
Review under BREF

21. Direct Discharge (to watercourse)
Discharge consented by EA
Impact of discharge assessed as acceptable using H1 as part of application?
Review existing data under discharge consent - data adequate ?
yes no no
yes
IC to propose and implement monitoring plan – may go beyond what’s required under consent
Agree monitoring programme with EA
Permit issued with improvement conditions
Permit issued specifying ongoing check monitoring
IC to assess impact of the discharge using H1
Implement mitigation measures where necessary and/or revise monitoring plan
Review under BREF

22. Table S3.1 Point source emissions to air – emission limits and monitoring requirements
Emission point ref. & location
Parameter
Source
Limit (including unit)
Referenc e period
Monitoring frequency
Monitoring standard or method
A1 Emissions control system exhaust  
Total suspended particulates
Extraction System
20 mg/m3 or other level agreed in writing with the Environment Agency
Hourly average
Quarterly or other frequency agreed in writing with the Environment Agency
In accordance with BS EN or as agreed in writing with the Environment Agency.

23. Emissions to air and monitoring
Agree reduced frequency with us if effective abatement and meeting limit consistently
Can you meet the 20mg/m3 limit for point source emissions?*
yes
Monitor as per permit
No / don’t know
What can you meet, what’s the design spec of your plant?
don’t know
monitor
Agree temporary alternative limit with us
can’t use std method?
Monitor as per permit
Agree alternative monitoring with us
Review in accordance with BREF
Improvement condition to reduce emissions
*assumption is all shredders have extraction and a point source emission