1. Consultant: CMDC Joint Venture 1 Multi-Country Conference Prague 7-9 June 2004 Selected challenges in IPPC permitting - experience from CEE Vibeke Burchard Carl Bro as + 45 27 23 68 11 - Vbu@carlbro.com

2. Consultant: CMDC Joint Venture 2 4- 6 years ago focus was upon  What is IPPC – this directive that totally changed the permit system in all CEE countries  Difference between single media system and integrated approach  BAT and Best for the environment as a whole  Focus on input and not only emission and discharges  Public access  Regular inspections checking compliance with permit

3. Consultant: CMDC Joint Venture 3 NOW Good principal understanding of Integrated Permitting Institutions and competence in place Many permits issued -Still permitters find the permitting task, ”difficult and very time consuming” -Too much ”desk work” – few face to face consultations -Lack of comprehensive BAT evaluation – insufficient applications -Permits do not always have clear and enforceable conditions -Tools for checking EQS missing or permitters have no knowledge

4. Consultant: CMDC Joint Venture 4 My WARM UP presentation Focus on 1.BAT as a flexible concept, 2.National BAT guidance and BAT evaluation 3.Shortcomings in the applications related to BAT 4.Priority substances 5.Setting emission limit values 6.IPPC and environmental management

5. Consultant: CMDC Joint Venture 5 of the environment as a whole B est is most effective in achieving a high general level of protection of the environment as a whole sector reasonably accessible A vailable: developed on a scale which allows implementation in the relevant sector under economically and technically viable conditions – reasonably accessible to the operator technologythe way T echnique: both the technology and the way an installation is designed, operated, maintained and decommissioned

6. Consultant: CMDC Joint Venture 6 Waste Water B est for the Environment as a Whole Raw materials Auxiliaries Energy / Fuel Water INPUT Odour Ground/soil and ground water protection WASTE recovery of waste and disposal local, regional and global Air emissions – local, regional and global Accident prevention Noise and vibrations Decommissioning Management, operation, monitoring

7. Consultant: CMDC Joint Venture 7 1.BAT is a flexible concept Not enough to consult the BREFS!! Art 9.4: when setting ELV take into consideration: the technical characteristics of the installation, geographical location local environmental conditions minimisation of long distance and transboundary pollution high level of protection of the environment as a whole Annex IV - likely costs and benefits (proportionality) -commissioning dates (respect the investment cycle) -time needed to implement (pre-application consultations needed)

8. Consultant: CMDC Joint Venture 8 BAT is a flexible concept BUT You cannot allow a heavily polluting installation in a difficult financial situation to continue harming the environment Solution: State funds/loans - not distorting competition EU structural funds for regional development Refusal of permits Time limited permits

9. Consultant: CMDC Joint Venture 9 Questions 1 BAT Guidance Does you country have (or have plans for) national BREFs How is it ensured that national BAT Guidelines are in compliance with EU BREFs Does your country have set up Technical Working Groups or has plans to do it. What are the mandate/tasks - how are they selected How does the Ministry inform the permitters and operators about BAT? Can you recommend BREFs that are not yet planned by the EU – what do you miss ( for instance BAT for cow farms) Any national initiatives to recommend

10. Consultant: CMDC Joint Venture 10 Questions 2 BAT is a flexible concept How do you solve problems related to installations with old, outdated technology, high pollution load in areas with high unemployment – has EU funding been sought or national grant/loans be granted Will you make use of time limited permits or even refusal of permits Have consultations started with all existing IPPC enterprises or do you have such plans ? – to leave sufficient time for implementation of BAT measures What can you recommend as a national initiative

11. Consultant: CMDC Joint Venture 11 3. Operator’s BAT evaluation - experience shows Operator does not compare his technique to BAT or the information presented in the application is not comprehensive and sufficient He does not present a justified deviation from BAT In case of non compliance with BAT, the operator does not present an action plan with time schedule or the plan is not justified and targets not set The operator does not present sufficient information (BAT is not only ELVs but also use of energy and water, ground and ground water protection, waste minimisation and waste recovery monitoring, prevention of accidents)

12. Consultant: CMDC Joint Venture 12 Questions 3 Focus at BAT evaluation Are operators in your country obliged, in his application, to compare the techniques to BAT If, yes, how is the information presented (pls give examples) ? Is the operator’s information sufficient? How/where does the operator find knowledge about BAT How do you build in the improvement plans in the permit Can you recommend any national initiatives to improve the situation

13. Consultant: CMDC Joint Venture 13 4.Focus on Priority Substances Sources of information are eg: ANNEX III of the Directive List of I (and list II) dangerous substances (76/464) Water Framework Directive Priority Substances and Priority Hazardous substances (Annex X 32 substances or groups of s.) - TOXIC, - PERSISTENT and - liable to BIOACCUMULATE VOC Directive 99/13 – phase out carcerogenic, mutagenic and toxic to reproduction (R 45, 46, 49, 60, 61)

14. Consultant: CMDC Joint Venture 14 RED ligth ! IF R 50,51, 52, 53: Dangerous, Toxic, or very toxic to aquatic environment R 45, 45, 48, 49, 60, 61: Hazardous to man, incl. unborn child R 58 and 59 (long lasting effect in environment, damage to ozone layer) Other Rs eg. Explosive, Highly flammable etc 4.Focus on Priority Substances

15. Consultant: CMDC Joint Venture 15 -Emission Ceiling Directive (SO 2, NO x, VOC & NH 3 -Air Framework Directive (SO 2, NO x, particles, Pb, benzene, CO, PAH, Cd, Ar, Ni & Hg) - Acidifying substances - Eutrofying substances - Ozone precursors - Toxic /hazardous 4.Focus on Priority Substances - the local environment

16. Consultant: CMDC Joint Venture 16 focus at long distance and transboundary effects - Acidifying substances - Eutrofying substances - Toxic substances - so dilution is NOT the long term solution 4.Focus on Priority Substances - also long distance and transboundary

17. Consultant: CMDC Joint Venture 17 Questions 4 Focus on priority substances How do you evaluate the information from operator on his choice of raw materials and auxiliaries Which information does the operator have to present Examples of substitution of hazardous material Do you have specific guidance on priority substances National guidance recommended ?

18. Consultant: CMDC Joint Venture 18 5. BAT and emission limit values § 9.4...ELVs shall be based on the use of BAT,....taking int account: the technical characteristics of the installation, geographical location local environmental conditions minimisation of long distance and transboundary pollution high level of protection of the environment as a whole

19. Consultant: CMDC Joint Venture 19 5. BAT and Emission Limit Values EU Emission limit values are minimum values Local conditions (EQS!!) High level of protection of the environment as a whole! EU BREFs for sectors Other BAT sources Technical characteristics of the installation and and Investment cycle Long distance and transboudary pollution

20. Consultant: CMDC Joint Venture 20 5. BAT and Emission Limit Values The site specific permit Result of the site specific evaluation

21. Consultant: CMDC Joint Venture 21 5. BAT and Emission Limit Values - national challenges ”All limit values need to be in legal acts” – we cannot leave it for the permitter to decide ELVs in the permits” – guidance is not enough. ”We cannot base emission limit values on ”non national BAT guidelines (e.g BREFs) – we need national guidelines”

22. Consultant: CMDC Joint Venture 22 Questions 5 BAT and Emission limit values Do you have emission limit values in national legal Acts other than EU limit values. Taking into acount the ELVs in the legislation, how do you ensure that Art 9.4 is complied with How do you take ”external water treatment” into account when setting emission limit values (Art 2.6) Should BREFs have more precise guidance on emission limit values rather than the range often seen (e.g 2-400 mg/Nm 3 ) Are national initiatives needed/recommended (eg. Air and water dispersion models, guidance, training?)

23. Consultant: CMDC Joint Venture 23 6. Precise, controllable and enforceable conditions - A challenge for the project training Dust emission from Stack 5: ”100mg/Nm 3” One must consider: - control period (one hour/day/month/year) - average time of measurement (1 hour, average of three times 1 hour measurement, continuous….) - uncertainty of sampling and analysis - measurements/samples should be representative - location of sampling - are exceedance of the limit values allowed? - If yes, how often and how much

24. Consultant: CMDC Joint Venture 24 Emissions vary over time ELVnever to be exceeded ELV which could be exceeded twice a month for max 1 hour Guiding value to aim for 100 130 70

25. Consultant: CMDC Joint Venture 25 6. Environmental management and BAT Technique Technology way the way you operate way the way you design way the way you maintain - decommissioning EMAS ISO 14000

26. Consultant: CMDC Joint Venture 26 Questions 6 Environmental Management Are the operators in your country obliged to have an environmental management system Does the operator have to include information about management in his application Are national initiatives recommended