The Industrial Emissions Directive (IED) European Commission, DG Environment Industrial Emissions, Air quality & Noise Unit

Transcription

1 The Industrial Emissions Directive (IED) 2010/75/EU European Commission, DG Environment Industrial Emissions, Air quality & Noise Unit 1

2 To cover: 1. Overview of the Industrial Emissions Directive (IED) scope structure legal requirements 2. Best Available Techniques (BAT) the BAT concept how it s derived and documented how BAT is applied the BREF 'family' 2

3 1.1 The EU legal framework on industrial emissions IPPC Directive 2008/1/EC Large Combustion Plants (LCP) Directive 2001/80/EC Waste Incineration Directive 2000/76/EC Directive on the limitation of emissions of VOC from solvents 1999/13/EC Directives related to the titanium dioxide industry 78/176, 82/883 and 92/112 European Pollutant Release and Transfer Register (E-PRTR) Regulation 166/2006 Industrial Emissions Directive (IED) 2010/75/EU 3

4 1.2 IED scope - types of installations Large variety of industrial / agro-industrial activities (see Annex 1 of IED) 55,000 installations in Europe 1. Energy industries 2. Metal industries 3. Mineral industries 4. Chemical industries 5. Waste management 6. Other e.g. Intensive livestock farming 4

5 1.3 IED scope - environmental issues emissions to air emissions to water emissions to land prevention and control of accidents waste prevention and recovery energy & water use noise vibration heat odour 5

6 1.4 Structure of the IED BAT based permit conditions Ch. I: Common provisions Ch. II: Provisions for all activities listed in Annex I Ch. III: Special provisions for large combustion plants Ch. IV: Special provisions for waste (co-)incineration Ch. V: Special provisions for installations and activities using organic solvents Ch. VI: Special provisions for installations producing TiO2 Ch. VII: Committee, transitional and final provisions Annexes Sectoral «minimum» requirements e.g. emission limit values 6

7 1.5 IED essential requirements (selected) Achieve a high level of protection for the environment as a whole Prevent pollution and, if not feasible, reduce Permit is required for operating the installation Permit conditions to include: emission limit values (ELVs) for all relevant pollutants ELVs based on the use of the best available techniques (BAT) 7

8 IED Permit conditions Key provisions on BAT 8

9 2.1 Best Available Techniques (BAT) Best Available Techniques most effective in achieving a high general level of protection of the environment as a whole developed on a scale to be implemented in the relevant industrial sector, under economically and technically viable conditions, advantages balanced against costs the technology used and the way the installation is designed, built, maintained, operated and decommissioned 9

10 2.2 BAT information exchange Sevilla Process BREF (with BAT conclusions) 10

11 Revision of a BREF TWG kick-off meeting Industry Member States + EFTA and Accession Countries Draft 1 (D1) Comments Information Sevilla Process [Draft 2 (D2)] Final TWG meeting Final draft Forum opinion BREF BAT conclu- 11 sions

12 2.6 Role of BAT conclusions in permitting BAT conclusions are the reference for setting permit conditions Within 4 years, permits should contain emission limit values (ELVs) to ensure that, under normal operating conditions ensure, emissions do not exceed BAT emission levels (BAT AELs) Derogation from BAT AELs is only allowed in specific and justified cases: costs are disproportionately higher than benefits due to local / installation specific situation MS report to the public / Commission on use of derogations BREF PERMIT 12

13 2.7 Current BREF 'family' 35 in total Publicly accessible Frequent updates BAT is a dynamic concept aim for an 8-year cycle 13

14 IED Some other important provisions 14

15 Sectoral minimum requirements for combustion plants (Chapter III Annex V) Will replace current provisions of LCP Directive Status as EU-wide minimum requirements confirmed Stricter emission limits for SO2, NOx and dust aligned with BAT levels (upper end of range) from the LCP BREF (2006) from Jan 2013 on for new plants from 1 Jan 2016 on for existing plants Clarification that plant = common stack de minimis rule (15 MW)

16 Flexibilities in relation to combustion plants Transitional flexibilities TNP option for some plants until 30 June 2020 opt out possible if < 17,500 operating hours 1/1/ /12/2023 (NOT for LCPD Art 4(4) plants) small isolated systems: 31/12/2019 some district heating plants: 31/12/2022 Permit conditions as applicable on 31/12/2015 under IPPC/LCP Dir need to be maintained during these periods Other flexibilities peak load plants (< 1500 h/y) plants firing solid indigenous fuels: SO2 ELV may be replaced by min. desulphurisation rates Specific regime for oil shale

17 IED Cessation of activities (Art. 22) Baseline report Required where relevant hazardous substances are used or produced Contains information on the state of soil and groundwater contamination by hazardous substances Criteria for content to be established in COM guidance Site closure / remediation Once activity stops operating: operator assesses the state of soil and groundwater contamination and compares with baseline report Where significant pollution: operator shall take necessary measures so as to return the site to the baseline state Where significant risk to human health and the environment: operator shall take necessary actions aimed at the removal, control, containment or reduction of relevant hazardous substances, so that the site ceases to pose significant risk

18 IED Environmental inspections (Art. 23) environmental inspection plan at national, regional or local level covering all installations CA shall regularly draw up programmes for routine environmental inspections, incl. frequency of site visits Frequency: determined on the basis of risk appraisal of installations, but minimum yearly (highest risk) up to 3-yearly (lowest risk) Criteria: potential/actual impacts, compliance track, EMAS,... If inspection has identified important case of non-compliance: additional site visit within 6 months Non-routine environmental inspections serious environmental complaints, serious environmental accidents, incidents and occurrences of non-compliance, and before granting/reconsidering/updating permit Following each site visit: report to be notified to operator concerned within 2 months and made publicly available within 4 months of site visit

19 IED Access to information (Art. 24) The competent authority shall make available to the public via the Internet the following information: the content of the decision, including a copy of the permit and any subsequent updates; the reasons on which the decision is based; where a derogation is granted in accordance with Article 15(4), the specific reasons for that derogation based on the criteria laid down in that paragraph and the conditions imposed

20 IED Timeline 7/1/2013 7/7/2015 6/1/2011 7/1/2014 1/1/2016 Entry into force of IED Member States fully transpose the IED. The Directive applies to all new installations from this date onwards. All existing installations previously subject to IPPC, WI, SE and TiO2 Directives must meet the requirements of the IED. Existing LCP do not yet need to meet new ELVs (Ch. III, Annex V). Existing installations operating newly prescribed activities (e.g. waste installations, wood based panels, wood preservation) must meet the requirements of the IED. Existing LCP must meet the requirements set out in Chapter III and Annex V

21 For more information DG ENV industrial emissions website ary/index.htm European IPPC Bureau (BREFs) 21