1. The IED: Industrial Emissions Directive
Marie O’Connor,
Office Climate, Licensing and Resource Use

2. Presentation Structure
Background/structure of Industrial Emissions Directive
Chapter I Common Provisions
Chapter II - Main issues related to the IPPC Directive
BAT Conclusions – how they are developed
Annex I
Transposition- Timelines
Points to Consider

3. Industrial Emissions Directive (IED)
IED Revises/merges seven directives:
IPPC 2008/1/EC (codified1996/61/EC)
Waste Incineration 2000/76/EC
Large Combustion Plant 2001/80/EC
Solvent Emissions 1999/13/EC
3 Titanium Dioxide related Directives.
IED entered into force on 06th January 2011.

4. Background
2005 – EC launched a review of industrial emissions legislation
EC published a proposed Directive to address concerns:
insufficient implementation of BAT leading to limited progress in prevention and reduction of emissions and distortion of competition across MS.
Enforcement and compliance limitations in existing legislation.
Administrative burdens due to complexity and inconsistencies across directives.
Insufficient scope/unclear provisions of the IPPC Directive

5. IED Structure
7 Chapters (75 Articles) and 10 Annexes: Ch.1 Common Provisions (all IED activities) Ch.2 Special Provisions (Annex 1 activities only) Ch.3 Large Combustion Plant Ch.4 Waste Incineration Ch.5 Solvent emissions Ch.6 Titanium Dioxide Ch. 7 Committee, transitional, and final provisions.

6. Presentation Structure
Background/structure of Industrial Emissions Directive
Chapter I Common Provisions
Chapter II - Main issues related to the IPPC Directive
BAT Conclusions – how they are developed
Annex I
Transposition - Timelines
Points to Consider

7. Chapter I Common Provisions
Article 1 Subject Matter
‘This Directive lays down the rules on integrated prevention and control of pollution arising from industrial activities.
It also lays down the rules designed to prevent or, where that is not practicable, to reduce emissions to air, water and land and to prevent the generation of waste, in order to achieve a high level of protection of the environment taken as a whole.’
IPPC Directive used ‘measures’

8. Chapter 1 Common Provisions
Articles 1 & 2 Subject Matter & Scope
Article 3 Definitions
Article 4 Obligation to hold a permit -
Article 5 Granting a permit – co-ordination if more than 1 CA
Article 6 General Binding Rules – legal instruments rather than permit
Article 7 Incidents and accidents – notifications/actions
Article 8 Non-Compliance – notifications/actions
Article 9 Emissions of Greenhouse gases – don’t need ELV’s if GHG permit

9. Presentation Structure
Background/structure of Industrial Emissions Directive
Chapter I Common Provisions
Chapter II - Main issues related to the IPPC Directive
BAT Conclusions – how they are developed
Annex I
Transposition - Timelines
Points to Consider

10. Chapter II Main new elements
Articles 10 – 27:
Art 11: General Principles
Prevent pollution, BAT, waste minimisation, energy efficiency, cessation of activity (Baseline report)
Article 12 - Application for permits
Baseline Report and issues around the condition of the site

11. Baseline Report & Site Closure
IPPC required site returned to ‘satisfactory state’
IED Art. 12 and 22 requires a baseline report if activity involves the use, production or release of hazardous substances having regard to possibility of soil or groundwater contamination.
From 07/01/13 – Operator must prepare the Baseline report before commencement of the activity or as part of application for review. Site must be returned to that state following cessation
(EC to provide guidance).

12. Ch II Main new Elements Article 14 – Permit conditions:
Based on Art 9 IPPCD – but main change is that
BAT Conclusions to be the reference for setting conditions
other :
emissions monitoring procedure tied into BAT
reporting to CA to be at least annually
soil/groundwater protection measures.
abnormal operation measures

13. Article 15 & 16: ELVs, Monitoring
ELVs to be based on BAT conclusions AELs
Derogations allowed where -
location/local env. conditions
installation technical characteristics
No significant pollution caused
will cause disproportionate costs.
All derogation must be notified to EC and no derogations from ELV’s in IED
Monitoring
Based on BAT requirements
Sets soil/groundwater monitoring frequencies

14. BAT Conclusions
BAT Conclusions are adopted as Implementing Decisions by the Commission 2 have been adopted/published Glass Sector Implementing Decision 2012/134/EU Iron and Steel Sector – Implementing Decision 2012/135/EU Significance The permits in this sector will have to be reviewed and the installations operating to this BAT standard within 4 years .

15. Where do BAT Conclusions come from?
Article 13 – BREF and information exchange:
Sets out rules and arrangements for preparing guidance on data collection & BREF notes.
EIPPCB produces a draft BREF document (Sevilla Process) Contains BAT conclusions
Submitted to Art 13 Forum - Stakeholders ,MS, industry, NGOs

16. Role of the Art 13 Forum
The forum provides its opinion on the proposed content of the BREFs
The opinion of the forum is to be made publicly available
The opinion of the forum is to be taken into account by the Commission when it proposes decisions on BAT Conclusions to be adopted via the Article 75 Committee.

17. Chapter II Main new Elements
Art 21 Permit conditions reconsideration/update
- Operator must supply relevant data to allow BAT comparison
- Permit review and installation compliance within 4 years of new BAT conclusions.
Art Emerging Techniques
- MS to encourage, esp. those in BREF.

18. Annex I – new/amended activities
New and amended activities – wording refined in many cases
Class 1.4 Gasification or liquefaction of:
(a) coal;
(b) other fuels in installations with a total rated thermal input of 20 MW or more.
Could include waste/tyre pyrolysis not covered by WI or IPPC Directives (or POE/WM Acts)
Class 3.1 Cement & Lime:
expanded to include magnesium oxide , < 50 tonnes/day
not in POE ACT
Clarifies threshold for cement clinker in non-rotary kilns (50 tonnes/day)

19. Annex I – new/amended activities
Class 4 Chemical Industry
“...production on an industrial scale by chemical or biological processing of substances or groups of substances listed in points 4.1 to 4.6”.

20. Annex I – new/amended activities
Class 5 Waste Management:
Temporary storage of hazardous waste (>50 tonnes total capacity, exemption if on site of generation).
Underground storage of hazardous waste (>50 tonnes total capacity).
Recovery (or disposal and recovery) of non-hazardous waste.
Class 6.1 Production in industrial installations of:
(c) one or more of the following wood-based panels: oriented strand board, particle board or fibreboard with a production capacity exceeding 600 m3/day.

21. Annex I– Class 6.4 (b) clarification
Includes Feed in Production of Food
Class 6.4 (b) Treatment and processing, other than exclusively packaging, of the following raw materials, whether previously processed or unprocessed, intended for the production of food or feed from:
(i) only animal raw materials (other than exclusively milk) with a finished product production capacity greater than 75 tonnes per day:
(ii) only vegetable raw materials with a finished product production capacity greater than 300 tonnes per day or 600 tonnes per day where the installation operates for a period of no more than 90 consecutive days in any year;

22. Annex I– Class 6.4 (b) clarification
(iii) animal and vegetable raw materials, both in combined and separate products, with a finished product production capacity in tonnes per day greater than:
75 if A is equal to 10 or more; or,
[300 – (22.5 x A)] in any other case,
where ‘A’ is the portion of animal material (in percent of weight) of the finished product production capacity.
Packaging shall not be included in the final weight of the product.
This subsection shall not apply where the raw material is milk only.
This activity means as the % animal material increases,

23. Presentation Structure
Background/structure of Industrial Emissions Directive
Chapter I Common Provisions
Chapter II - Main issues related to the IPPC Directive
BAT Conclusions – how they are developed
Annex I
Transposition - Timelines
Points to Consider

24. Timeline for implementation of IED
30/6/2020
7/1/2013
7/7/2015
6/1/2011
7/1/2014
1/1/2016
31/12/2023
Entry into force IED
MS fully transpose IED and it applies to all new installations
All existing installations must meet the requirements – new ELV’s set in Chapter III LCP do not apply.
New activities must comply i.e. wood preservation
LCP must meet requirements in Chpt III and Annex V
Transitional National Plans provisions for LCP end
Limited lifetime derogation provisions for LCP end

25. Transposition – what does it entail
Amendment of EPA Act, WMA, Solvents Regulations, LCP Regulations, Waste Incineration Regulations
Commission has prepared an Informal Checklist to assist MS
DECLG preparing Regulatory Impact Analysis (RIA) for consultation

26. Points to Consider
IPPC directive requirements are currently on all activities scheduled in the WMA and EPA
Do we want IED requirements to be imposed on sub IED threshold installations?
Which of the derogations/flexibilities allowed under IED do Ireland want to Transpose?

27. Thank You