1. Assessment of the Implementation by the Member States of the IPPC Directive
IPPC Review Stakeholder Hearing
4 May 2007
Alistair Ritchie (Entec UK Limited)

2. Objectives of the project
To determine the number of permits already issued and the number that remain to be issued in each MS
To collect information on the permitting process and how permitting data is collated in each MS
To select and analyse specific permits to assess whether they have been issued in accordance with the IPPC Directive

3. Assessment of permitting progress
Approximately 50% of installations had been permitted by mid to late 2005
Two main groupings of MSs: those that exclusively issue new permits; and those that also reconsider and update existing permits
Delays in permitting progress may be linked to lack of phased approach or no (or late) deadlines for applications
All MSs have plans to seek to achieve compliance for existing installations by 30 October 2007 – although outside scope to assess their adequacy

4. Overview of national level perspective of permitting and compliance
Key themes reported on:
Whether MSs …
…had integrated permitting prior to IPPC
…reconsider / update existing permits or only issue new permits
…issue single permits
…have general binding rules
…have national guidance on BAT
…have generic guidance on IPPC
Evidence that some MSs have insufficient resources to assess BAT

5. Assessment of specific permits - Introduction
30 installation case studies
To assess:
procedures & conditions for the permits selected
actual performance compared to permit conditions and BAT
Installations selected against agreed criteria
Case studies provide insights into practical implementation of IPPCD across range of sectors & MSs
Illustration of possible implementation issues and good practice, although not possible to extrapolate case study findings to make conclusions at MS or sectoral level
Identity of installations not relevant and case studies do NOT constitute a legal compliance check

6. Assessment of specific permits - Uncertainties
Some difficulties in comparing permit conditions, BREF BAT Associated Emission Levels and actual performance due to different units
BREF BAT Associated Emission Levels not available for all sectors / products (eg textiles, LVOC product)
Variable quality / transparency of available information
Time limitations for investigating each issue
Complex installations, with multiple emission sources

7. Assessment of specific permits – Questions (1)
Are permit conditions for main emission sources demonstrably based on BAT? (and consistent with BREF BAT Associated Emission Levels)
13/30 – 'Yes' or appear to be
4/30 – 'No' or do not appear to be
10/30 – Mixed. 'Yes' for some, 'No' for others
3/30 – Not clear
Where not, no clear justification generally provided on how conditions set and how deviation from BAT could be justified. Some examples:
NOx for 3/4 in cement sector – permit ELVs based on WI Directive (1.6x to 4x BREF)
SO2 & dust for 3/5 in non ferrous metals sector (up to 5x and 2x BREF respectively)
Dust for 4/6 in steel sector (generally 2x BREF)

8. Assessment of specific permits – Questions (2)
Are permit conditions set for all key pollutants?
23/30 – ‘Yes’ or appear to be
5/30 – ‘No’ or do not appear to be (eg dioxins at 2/5 in non ferrous metals sector)
2/30 - Not clear
Has there been any consideration of specific technical, geographic or local conditions?
17/30 – ‘Yes’ or appear to be
5/30 – ‘No’ or do not appear to be
8/30 – Not clear
Does permit refer to need to comply with EQSs? Has this had effect on permit conditions?
4/30 – ‘Yes’, ‘Yes’
9/30 – ‘Yes’, ‘No’
5/30 – ‘No’, ‘No’
12/30 – Not clear

9. Assessment of specific permits – Questions (3)
Does the installation comply with permit conditions?
21/30 – Yes, for all main permit conditions
9/30 – Mixed, some ‘Yes’ some ‘No’
Are there planned future improvements for those that do not currently comply?
Yes, although not possible to investigate plans in detail
Are sanctions applied in the case of non-compliance?
‘Yes’ at 4 installations, ‘No’ or do not appear to have been at 6 installations

10. Assessment of specific permits – Questions (4)
Is current performance comparable with BREF BAT Associated Emission Levels?
10/30 – ‘Yes’
13/30 – Mixed, ‘Yes’ for some pollutants, ‘No’ for others
2/30 – ‘No’
5/30 – Not clear
What is frequency of onsite inspections?
5/30 – 4 or more inspections per year
23/30 – between 1 and 3 inspections per year
1/30 – less than 1 inspection per year
1/30 – Not clear