1. Development of guidance Meeting of the IED Article 13 Forum subgroup
for the practical arrangements for the exchange of information referred to in Article 13 of the IED
Meeting of the IED Article 13 Forum subgroup
2 May 2011
DG ENV.C.3
JRC.IPTS.SPC.EIPPCB

2. Earlier steps … Guidance developed under IPPCD
Consolidated version October 2010
First version of IED BAT guidance: February 2011
Discussed by Forum subgroup 8 March
and at Forum meeting 9 March
Comments received from stakeholders: 22 March
available on CIRCA website
Revised version sent out 14 April
to be discussed at Forum subgroup meeting 2 May

3. Structure of the document
Chapter 1: Aim and general procedure
Chapter 2: BREF contents and scope
Chapter 3: BAT Conclusions
Chapter 4: Organisation of the exchange of information
Chapter 5: Data collection and submission
Chapter 6: Quality assurance of BREFs
The following slides detail elements that have changed in the 2nd draft of the guidance.
They do not cover all of the content of the draft guidance document.

4. Chapter 1: AIM AND GENERAL PROCEDURE FOR DRAWING UP AND REVIEWING A BAT REFERENCE DOCUMENT (BREF)
BAT definition inserted
BREF is defined as a descriptive document, not prescriptive, nor interpretative
BREF is not a textbook, but should contain sufficient information concerning main techniques considered and grounds for BAT conclusions
Horizontal vs vertical BREFs: clarified, but information NOT included concerning the use of the documents (implementation)
Need to be clear on the scope of the documents
Interactions with other BREFs will specifically be addressed in the KOM
General procedure for drafting/review
WORKFLOW (see next slide) distinguishing 3 cases
Keep in mind objective, review frequency (8 yr), EIPPCB staff

5. Typical workflow for the drawing up and review of BREFs
New BREF or BREF
review with major scope expansion
1st review of a BREF
without major
scope expansion
subsequent review of a BREF
without major scope expansion
Activation call of TWG (new BREF) or
TWG reactivation and call for ‘wishes’ (BREF review)
TWG reactivation
and call for ‘wishes’
TWG reactivation
and call for ‘wishes’
5 months
3 months (new BREF)
5 months (BREF review)
kick-off meeting
5 months
6 months
kick-off meeting
TWG kick-off meeting
Information
6 months
4 – 6 months
RAI
6 months
Information
Draft 1 (D1)
revised draft
BAT conclusions
RAI
Information
RAI
6 months (new BREF)
4 – 6 months (BREF review)
4 – 6 months
2 – 3 months
RAI
revised draft
BAT conclusions
TWG comments
Draft 1 (D1)
RAI
Draft 1 (D1)
yes
Draft 2?
2 – 3 months
2 – 3 months
3 – 7 months
RAI no
TWG comments
TWG comments
Draft 2 (D2)
RAI
5 – 7 months
RAI
3 – 5 months
(revised) draft
BAT conclusions
Draft 2 (D2)
2 – 3 months
3 – 5 months
RAI
TWG comments
Chap. 3, 4, 5
2 – 3 months
3 – 5 months
RAI
TWG comments
Final TWG meeting
RAI
Chap. 3, 4, 5
3 – 5 months
Chap. 3, 4, 5
3 months
Final TWG meeting
Final draft
Final TWG meeting
3 months
Total: 23 – 28 months
3 months
Final draft
Final draft
Total: 28 – 38 months (with D2)
23 – 28 months (without D2)
Total: 30 – 38 months
RAI: request for additional information from the EIPPCB to the TWG (if this is considered necessary)
Chap. 3, 4, 5: Update of at least Chapters 3, 4 and 5

6. Chapter 1: AIM AND GENERAL PROCEDURE FOR DRAWING UP AND REVIEWING A BAT REFERENCE DOCUMENT (BREF)
Opinion of the Forum
Indication of issues that may be addressed (not exhaustive)
Following adoption of BAT conclusions: finalisation of BREF and publication

7. Chapter 2: BREF CONTENTS AND SCOPE
BREF structure and content: largely unchanged
Chapter ‘Techniques to consider in the determination of BAT’
Crucial chapter!
Prevention takes precedence over abatement
Environmental performance/operational data
Incl. information on conditions/circumstances hampering use of abatement at full capacity or necessitating bypassing
Applicability
Gather information on general restrictions (technical, economical)
Not meant to be list of possible local conditions affecting applicability at individual installation level
Evidence to support technique as BAT coming from one installation: thorough assessment of applicability within sector

8. Chapter 3: BAT CONCLUSIONS
General term: “environmental performance level” (EPL)
Emissions
Consumption (energy, raw materials, water)
Other (e.g. abatement efficiency)
Where EPL included: based on data gathered during info exchange
Conclusions with BAT AELs
Information can be added to explain how lower end can be achieved or to reflect different performance of different techniques
Different ways possible for expressing levels
Conclusions with other EPL / without EPL

9. Chapter 4: ORGANISATION OF THE EXCHANGE OF INFORMATION
Role of TWG
Establishment: nomination by Forum members; for industry this may be coordinated amongst EU industrial associations
Task: reporting back to Forum representative in case of issues
Kick-off meeting to conclude on
How to deal with potentially confidential/sensitive info
How to identify measures for other than normal operating conditions
How to deal with interactions with other BREFs
Data collection
1st round: templates/questionnaire and ‘information mapping sheets’
‘information mapping sheets’: indicates the parts of the BREF to which each piece of submitted information relates
RAI: sent by EIPPCB to gather important BAT related information (if considered necessary)
Formal drafts vs working drafts

10. DATA COLLECTION AND SUBMISSION
Chapter 5:
DATA COLLECTION AND SUBMISSION
Best performing installations
Information to include sufficient detail to understand how high level of environmental performance could be achieved
Confidentiality issues
Generally not an issue as focus on emission data
In case confidential/sensitive info is required: will not be reported unless it provides important basis for BAT conclusions and publication is authorised
 to be dealt with case-by-case during questionnaire development
Averages, ranges and distributions of emission values
Short-term averages should be provided
particularly, the variation range and distribution functions (mean, max, std. dev.) of daily or hourly averages collected over a long period (e.g. one year or more) is necessary to identify the emission pattern
Last minute data should be avoided

11. Focus on role of all stakeholders in QA
Chapter 6: QUALITY ASSURANCE OF THE DRAWING UP AND REVIEWING OF THE BREFs
No major changes
Focus on role of all stakeholders in QA

12. 7 June: IED Art. 75 Committee
Next meetings … Note: all dates are tentative and subject to confirmation
7 June: IED Art. 75 Committee
Commission will provide an update on progress in the development of the guidance
12-13 September: Forum
Forum to provide its opinion on the guidance and on the full BREFs (including BAT conclusions) for I&S and GLS
21 November: IED Art. 75 Committee
To vote on the guidance and on the BAT conclusions for I&S and GLS