1. The Industrial Emissions Directive (IED) (IPPC Recast) Keir McAndrew, DG ENV C.3

2. The current legal situation
European industry is subject to a range of legislation concerning industrial emissions.... (other than CO2)
Directive on the limitation of emissions of VOC from solvents
IPPC Directive
Directives related to the titanium dioxide industry
Large Combustion Plants (LCP) Directive
European Pollutant Release and Transfer Register (E-PRTR)
Waste Incineration Directive
This makes enforcement at Community level very difficult and leads to unnecessary administrative burden

3. Fundamentals of the IPPC Directive
Focus on prevention of pollution and, if not feasible, minimisation
Installations must operate according to an integrated permit
Permits should contain Emission Limit Values based on Best Available Techniques with the possibility to take into account certain local conditions
BAT information exchange leads to the BAT Reference Documents (BREFs), adopted by the Commission
The Public are provided with access to information
Final deadline for implementation: 30 October 2007

4. The Commission’s IPPC review (2006-07) Concerns with the status quo
The Commission’s review identified 4 key areas of concern:
Insufficient implementation of Best Available Techniques (BAT)
Limitations with regard to compliance enforcement and environmental improvements
Unnecessary administrative burdens due to complexity and inconsistency of parts of legal framework
Insufficient scope and unclear provisions to achieve the Thematic Strategy objectives (air, waste, soil)

5. COM Proposal for an Industrial Emissions Directive (IED)
Adopted on 21 December 2007
Recast into one single act the IPPC and 6 ‘sectoral’ Directives
LCPD, Solvent Emissions, Waste Incineration, TiO2 (3 Dir)
Key elements
strengthening of BAT and role of the BREFs
new minimum ELVs for LCP bringing them in line with BAT
Simplification + reduction of unnecessary admin burden
Minimum provisions on inspections, review of permit conditions and reporting on compliance
Introduction of some new activities and provisions on soil & groundwater protection to help meeting Thematic Strategies objectives

6. Key issue one – BAT and BAT conclusions
BAT conclusions are the basis for setting permit conditions, and in particular emission limit values
To be adopted through Committee
Emission limit values to be set so that emissions do not exceed BAT-AELs
Article 15(4) derogation clause allows some flexibility against specific criteria – local envt; geographical location; technical characteristics
Derogation - justification made public – no significant pollution can be caused through application – link to quality standards
Data to be collected on application by Member States and possible clarification by Commission in future

7. Key issue two – Large Combustion Plant
Tightening of minimum emission limit values for large combustion plants (aligned with current BAT (upper end of the range) from 2016

8. Key issue two – Large Combustion Plant
Article
Council Position
EP ENVI
Final compromise
Art. 31
Desulphurisation rate
Minimum rates of
desulphurisation without
limit in time
desulphurisation to end
31 December 2017 and
Commission to review
Need for extension by 31
December 2013
desulphurisation
without limit in time but
limits by 31 December
2019
Art. 32
Transitional National Plan (TNP)
until 31 December 2020
until 30 June 2019
until 30 June 2020
Art. 33(1)
'opt out' (limited life time derogation)
period: 1 January 2016 to 31 December 2023
max. operating hours:
period: 1 January 2016 to 31 December 2020
max. operating hours:
max. operating hours:
Art. 35(1)
derogation for district heating plants
until 31 December 2023
until 31 December 2019
until 31 December 2022

9. Key issue three – “European Safety Net (ESN)”
European Safety Net concept – minimum standards (emission limit values and compliance) for activities covered by Annex I
Following Council rejection of ESN at first reading a more focussed system based on environmental impact of sector and level of application of BAT has been agreed
Final ESN is through ordinary legislative procedure and included in reports of Commission on implementation of the Directive i.e. every three years

10. Key issue four – Baseline report and soil / groundwater
In order to ensure integrated approach to pollution prevention and minimisation new measures entered for soil and groundwater
Baseline report required where hazardous substances are to be used or produced
Once the activity stops operating then the operator assesses the state of soil and groundwater contamination by hazardous substances
The operator compares the final assessment and the initial baseline report
Where the comparison indicates contamination then the operator must take action
Article 17 – Permit to include requirement for periodic monitoring for soil (every 10 years) and groundwater (every 5 years)

11. Monitoring is different to a baseline report
Soil / groundwater monitoring

12. Key issue five - Inspections
Present IPPC Directive contains no formal requirements for inspections
Environmental inspection plans are required covering all installations the contents of which are defined in the Directive
Based on inspection plans inspection programmes are to be drawn up including the frequency of site visits
Risk based criteria entered into the text:
Potential and actual impacts of the installation on environment / human health
Record of compliance with permit conditions
Participation in EMAS
High risk installations to be visited at least once every 12 months low risk every 36 months
Non-compliance requires a follow up site visit within six months
Reports of inspections to be made publicly available

13. Other amendments Other amendments agreed include:
Timing of permit reviews
General binding rules
Scope – small number of new activities included
Stimulation of emerging techniques
Commission reviews
Data from Member States
Expected adoption and coming into force by the end of 2010

14. Timeline for the future
12/2012
07/2015
07/2020
12/2023
12/2010
12/2013
01/2016
Adoption and publication of the Directive on industrial emissions within the Official Journal
Member States fully transpose the new Directive (24 months after entry into force). The Directive applies to all new installations from this date onwards
All existing installations previously subject to IPPC, Waste Incineration, Solvent Emissions and Titanium Dioxide Directives must meet the requirements of the new Directive. Large Combustion Plants do not yet need to meet the new ELVs prescribed within the Directive.
The newly prescribed activities such as waste installations and wood preservation activities must meet the requirements of the new Directive.
Large Combustion Plants must meet the requirements set out in Chapter 3 of the new Directive, as well as the Emission Limit Values set out in Annex V
Transitional National Plan provisions end
Limited lifetime derogation provisions end

15. For more information…
DG ENV industrial emissions website
CIRCA website on the IPPC review (study reports)
European IPPC Bureau (BREFs)
Status in co-decision – PreLex