DRAFT MINUTES OF THE EIGHTH MEETING OF THE INDUSTRIAL EMISSIONS DIRECTIVE (IED) ARTICLE 75 COMMITTEE BRUSSELS, 30 JUNE 2015

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1 Ref. Ares(2015) /07/2015 EUROPEAN COMMISSION DIRECTORATE-GENERAL ENVIRONMENT Directorate C - Quality of Life, Water & Air ENV.C.4 - Industrial Emissions ENV C.4 IEDC-8-2 DRAFT MINUTES OF THE EIGHTH MEETING OF THE INDUSTRIAL EMISSIONS DIRECTIVE (IED) ARTICLE 75 COMMITTEE BRUSSELS, 30 JUNE 2015 PARTICIPANTS Representatives of all Member States (MS) attended this meeting, except for Austria, Bulgaria, Cyprus, Greece, Romania and Slovakia (see list of participants in annex). The following MS had delegated their vote on the draft Implementing Decision (agenda point 4) to another MS: Austria to the Netherlands, Cyprus to Latvia, Greece to Malta and Slovakia to Hungary. A representative of Norway also joined (but was not present during the voting). The meeting was chaired by Aneta Willems, Head of Unit ENV.C OPENING The chair welcomed the participants to the eighth meeting of the Article 75 Committee. 2. ADOPTION OF THE AGENDA The draft agenda, as sent out with the invitation, was adopted without changes. 3. ADOPTION OF THE MINUTES OF THE SEVENTH MEETING (24 JUNE 2014) The minutes of the previous meeting of the Committee (document IEDC-7-3) were adopted without changes. 4. COMMISSION IMPLEMENTING DECISION ESTABLISHING THE BEST AVAILABLE TECHNIQUES (BAT) CONCLUSIONS, UNDER DIRECTIVE 2010/75/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL, FOR THE PRODUCTION OF WOOD- BASED PANELS The Commission introduced the draft Implementing Decision (document IEDC-8-1 and Annex) and proposed the following editorial changes to it: i. Description of wet scrubber (section 'Emissions to air', page 18): "Wet scrubbers capture and remove dust by inertial diffusion impaction, direct inertial interception and absorption in the water phase." ii. BAT 14 - Table "Monitoring of emissions in combustion process flue-gas subsequently used for directly heated dryers : Commission européenne/europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel

2 (a) reinsertion of or continuous measurement" in the column Minimum monitoring frequency and reference to the corresponding EN standard in the column "Standard(s)" (b) modification of the BAT statement to read BAT is to monitor emissions to air and water and to monitor process flue gases in accordance with EN standards (c) modification of the table heading to Monitoring of emissions in combustion process flue-gas that is subsequently used for directly heated dryers. Member States raised the following points: IT noted that the footnotes in the tables under BAT 14 related to formaldehyde monitoring might be read as if an amended EPA method already exists, which is not the case. Instead, it should point at the need to modify US EPA Method M316 according to the criteria mentioned. ES supported this view and asked that a European method should be developed, which should preferably not be based on isokinetic sampling. The Commission proposed to change the formaldehyde footnotes to read "In the absence of an EN standard, the preferred approach is isokinetic sampling in an impinging solution with a heated probe and filter box and without probe washing, e.g. based on the modified US EPA M316 method." UK considered in relation to BAT 17 that the dataset used for deriving the formaldehyde BAT-AELs relies on different monitoring methods and that application of the preferred method would lead to higher results. Therefore the UK proposed that the BAT-AELs for formaldehyde in BAT 17 should be adapted to one single range of < 5-20 mg/nm³ for all types of dryers. ES, PT supported this proposal, while FI, LT and PL indicated that they were flexible. AT (represented by NL) opposed the UK proposal to amend the BAT-AELs, as these were agreed by the Technical Working Group (TWG). CZ, DE, DK, FR, LV and SE supported this view and wanted the document to remain as it is. Both FR and SE noted that formaldehyde is now classified as carcinogenic. BE did not support any changes at this stage, as it was of the view that further technical work would be needed to revise the document. CZ asked for an editorial change in section (page 19) in the description of the UTWS dryer. Following a suggestion from DK, the Commission proposed to change the description to read "Pollutants emitted from the wood drying are destroyed over the heat exchanger or and by the post-combustion." PL suggested aligning the definitions of 'fibre' and 'fibreboard' using in both cases the term 'lignocellulosic' (rather than 'cellulosic'). The Commission agreed that this change would be logical and proposed it as an editorial change. The Commission remarked that technical issues are debated at length and agreed by the TWG. So far, the IED Article 75 Committee has never changed the BAT-AELs resulting from the TWG work. In relation to formaldehyde monitoring, it is acknowledged that the lack of an EN standard creates a situation where different standards are currently applied across the EU. More generally, there is also the potential tension between applying IED Article 15(4) (that allows setting less strict emission limit values in individual cases by way of derogation) and raising the upper end of the BAT-AEL ranges. Whilst the BAT- AEL range is generally applicable and affordable across the EU, where meeting the 2

3 upper end of the BAT-AEL would require major investments, while leading to small incremental emission reductions, application of IED Article 15(4) may be justified where the conditions in that paragraph are met. The chair thanked the members for their comments and recalled that the Commission proposal is based on the work of the TWG over the past years and that agreement was reached within this group on the proposed draft BAT conclusions. Subsequently, the Committee voted on the Decision as amended by the abovementioned editorial changes proposed by the Commission. The votes were as follows: In favour CZ, DK, DE, EE, IE, EL, FR, HR, IT, CY, LV, LT, LU, HU, MT, NL, AT, PL, SI, SK, FI, SE Against BE, UK Abstain ES, PT Absent BG, RO The result was a positive vote on the Decision with 22 Member States in favour, 2 against, 2 abstaining and 2 absent. The positive votes represent 68,58% of the EU population. The chair thanked the colleagues from the IPPC Bureau and the former author of the BREF (present as member of the DK delegation) for the excellent work done on this document. The Commission indicated that it will now proceed with the adoption of the Decision. The translated texts will be sent to Member States for a check of the technical terms, while noting that the final responsibility for the translation lies with the Commission's DG Translation. 5. INFORMATION POINTS / AOB No other information points were discussed CLOSING OF MEETING 11:40 3

4 LIST OF PARTICIPANTS European Commission Name Aneta Willems Christopher Allen Filip François Jill Michielssen Rolf-Jan Hoeve Alex Radway Serge Roudier Panagiotis Karlis DG JRC (via videolink) JRC (via videolink) European Environment Agency Name Eva Goossens Organisation EEA Industrial Pollution Team Member States MS Name Organisation BE Sophie Deligne IBGE-BIM BE Adriaan Pelckmans IBGE-BIM BE Marianne Petitjean SPW Wallonie BE Tom Boonen Vlaamse overheid CZ Eva Plocek Kubesova Permanent Representation DE Gordo Jain Federal Ministry for the Environment, Nature Conservation and Nuclear Safety DK Ulla Ringbæk Danish EPA, Industry & Agriculture DK Kristine Stubdrup Danish EPA, Industry & Agriculture EE Juri Truusa Ministry of Environment ES Carmen Canales Canales Ministry of Environment, and Rural and Marine Affairs FI Jaakko Kuisma Ministry of the Environment FR Mathias Pieyre Ministry of Ecology and Sustainable Development HR Bojan Lalic Permanent Representation HU Gyongyi Bejenaru-Sramko Ministry of Rural Development IE Ann Marie Donlon Environmental Protection Agency IE Frank Clinton Environmental Protection Agency IT Nicoletta Trotta Ministry of the Environment, Land and Sea LT Monika Biraite-Juodvalkiene Permanent Representation 4

5 MS Name Organisation LU Marianne Mousel Administration de l'environnement LV Daina Ozola Ministry of the Environment and Regional Development MT Edward Vernon Permanent Representation NL Pieter Roos Ministry of Infrastructure and the Environment PL Marcin Wisniewski Ministry of Environment PL Krystyna Panek-Gondek Ministry of Environment PT Celia Peres Ministry of Environment SE Eva Dalenstam Swedish EPA SI Štefanija Novak Permanent Representation UK Nicola Leeds Department for Environment, Food and Rural Affairs UK Charles Dale Department for Environment, Food and Rural Affairs Observers Norway Kari Kjonigsen Norwegian Environment Agency 5