EU Policy on Waste-to-Energy

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1 EU Policy on Waste-to-Energy an overview ISWA Beacon Conference October 2007, Malmö, Sweden Dr. Ella Stengler CEWEP - Managing Director

2 Waste-to-Energy in Europe in 2005 Waste-to-Energy Plants in Europe operating in 2005 Thermally treated Municipal Solid Waste in tons/year Norway 0,6 19 Sweden 2,2 29 Finland* 0,05 1 Estonia Latvia Ireland United Kingdom 3* 14 France 13,6 128 Netherlands 5,5 11 Belgium 2,5 18* Luxembourg 0,1* 1 Denmark* 3,5 30 Switzerland 3,3 29 Germany Czech Republic 0,4 3 Austria 1,5 8 Slovenia Poland 0,04* 1 Slovakia Hungary 0,3 1 Lithuania Portugal 1,1 3 Spain 1,7 10 Italy 3,1 47 Greece * Estimate based in ISWA report 2006 * Estimate based on Eurostat (data also included cement kilns)

3 Plants Planned in Europe (2005) Country Number of Planned Plants Additional Capacity Austria Belgium Finland 10 France 11 Approx Germany Hungary Ireland Italy The Netherlands Poland Spain Sweden Switzerland UK 9 Total 83 Approx

4 Legislation in the pipeline European legislation in the pipeline, which affects the Waste-to-Energy sector: Review of the Waste Framework Directive Review of the IPPC Directive (Integrated Pollution Prevention and Control) Review of the Waste Incineration Directive (study on EU legislation for the control of waste incineration and co-incineration by Ökopol on behalf of the COM) NOx and SO 2 Emissions trading scheme LCA: CEWEP became member of the Business Advisory Forum regarding the Life Cycle Assessment Project lead by the COM s Joint Research Centre Ispra Energy Package to be proposed by COM by end of 2007, covering: Review of the European Emissions Trading System Framework Directive on renewable energy, covering Heating and Cooling

5 Review of the Waste Incineration Directive (WID) Ökopol is currently carrying out some research on the behalf of the COM into "Assessment of the application and possible development of Community legislation for the control of waste incineration and co-incineration". The study is carried out over 12 months between November 2006 and November The main objective of this study is to provide an assessment of the implementation of the WID and make proposals for its possible amendment.

6 Review of the Waste Incineration Directive This is to provide the basis of the review foreseen by Article 14 of the WID. The report on the WID was brought forward in order to coincide with the review of the IPPC directive and the discussions on a possible integration of sector specific directives, such as the WID or the landfill directive into the IPPC directive.

7 Review of the IPPC Directive for Waste DG Environment has commissioned a study on Review and possible widening of the scope of the IPPC Directive in relation to waste treatment activities. The overall goal of this study is to have a better definition and a clearer outline of waste treatment activities in the IPPC Directive, in view of its planned review. The following topics are studied in the project: 1. changes to the current wording or classification, i.e. waste coverage definition; omitting reference to R- and D-codes; current waste activities list and applicable thresholds

8 Review of the IPPC Directive for Waste 2. Inclusion of new (waste) sectors; candidates are: Biological treatment of organic waste Pre-treatment of combustible waste for co-incineration Sorting of Construction and Demolition waste Off-site treatment of slag and ashes for recycling Recycling of sludges Mechanical recycling of plastics Chemical recycling of plastics Recycling of wood Recycling of rubber Recycling of minerals Scrap metal preparation Recycling of edible oils/fat Recycling of gypsum 3. Including small WtE plants (< 3 t/hour) into the scope of IPPC?

9 Review of the IPPC Directive As part of the IPPC review process the COM organized a stakeholder hearing on 4 th May 2007 and has launched a public consultation via a questionnaire. The consultation was open from 17 th April till 18 th June There are some interesting questions, such as, if the permitting of installations should be further harmonized by making the BAT Reference Documents (BREFs) binding for each individual permit, diminishing the flexibility of Member States to take into account the technical characteristics of the installation concerned, its geographical location and the local environmental conditions (Art. 9(4)).

10 Better BREFs The COM established a working group, under their leadership, in order to develop some general principles on the type and quality of the environmental performance data submitted for drafting the BREFs. Workshop on 20 th June 2007 in DG Environment's offices in Brussels. On behalf of CEWEP, 2 experts participated. Position paper, drafted by COM, is out for consultation among stakeholders

11 Horizontal (B)REF Energy Efficiency The miraculous mutation from a REF to a BREF TWG meeting November 2007 in Seville

12 Waste Framework Directive COM proposal, delivered on 21 st December Will provide the basis for European waste management for the next years Process: Co-decision European Parliament, 1 st reading on 13 th February 2007 Discussion in the Council; the text adopted in the Council on 28 th June 2007 is marked in blue.

13 Whereas COM did not specify priority to material recovery over energy recovery, the EP and Council tend towards a 5 step waste hierarchy Prevention 1 Re-use 2 Recycling 3 Other recovery Disposal 4 5 e.g. energy recovery

14 WFD - Vote in the EP Waste Hierarchy 5 step waste hierarchy (Art. 1) as a general rule: Possibilities for diversion when Life Cycle assessments and cost-benefit analyses indicate clearly that an alternative treatment option shows a better record for a specific waste stream. MEPs voted for an overall re-use and recycling level of 50% of Municipal Solid Waste and 70% for construction, demolition, industrial and manufacturing waste by 2020 (Art. 5 par. 2c).

15 Waste Hierarchy, Council Council also supports the 5step waste hierarchy (Art. 7a): (a) Prevention (b) Preparing for re-use (c) Recycling (d) Other recovery, e.g. energy recovery and (e) Disposal However, as a guiding principle. Derogation possible where justified by life-cycle thinking.

16 End of waste status, Council Article 3c: certain specified waste shall cease to be waste when they have undergone a recovery operation and comply with specific criteria to be developed in accordance with the following: the substance or object is commonly used for the specific purposes and a market or demand exists for such a substance or object; it fulfils the technical requirements for the specific purpose and meets the existing legislation and standards applicable to products and its use will not lead to overall adverse environmental or human health impacts. The criteria shall include limit values for pollutants where necessary. However, MS are still left with the possibility of deciding on a case by case basis, provided they notify the Commission properly.

17 End of waste, EP if it has completed a re-use, recycling or recovery operation in accordance with the provisions of this Directive and is hence to be reclassified as a secondary product, material or substance ; such reclassification would not lead to overall negative environmental or health impacts; and a market exists, or would exist, for such a secondary product, material or substance.

18 End of waste status, Council The COM and the Council want to develop the criteria for the end of waste status in comitology (whereas the EP prefers co-decision). The Council proposes the following waste streams for which end of waste specifications and criteria should be developed (mentioning them in a recital): construction and demolition waste, some ashes and slag, scrap metals, compost, waste paper, glass. Whereas the EP proposes the following waste streams: compost,- aggregates, - paper,- glass,- metal,- end-of-life tyres,- second-hand clothing. Refuse Derived Fuels are not mentioned.

19 Energy Recovery Status of WtE plants The COM set specific standards for efficient energy recovery, recognizing the WtE plants that meet these standards as recovery operations = Energy Efficiency Formula in Annex II, specifying when incineration facilities dedicated to the processing of municipal solid waste fall under R1 use principally as a fuel or other means to generate energy The simplified formula: Ep - Eimp Ew + Ef 0.60 for installations in operation and permitted before 1 st January for installations permitted after 31 st December 2008

20 FFact Study on WtE contribution to climate protection This study shows the positive effect the energy efficiency formula proposed by the COM could have on CO 2 emissions. WtE's contribution to climate change is calculated according to International Panel on Climate Change (IPCC) in the framework of the UN convention of Climate change. The study is based on the assumption that an ambitious policy in the EU aiming at 60% recycling and efficient waste prevention measures are implemented. The remaining 40% to be used to generate energy.

21 How can the climate benefit from WtE? If the energy efficiency formula was applied (threshold 0.6 now and 0.65 from 2009) Ep - Ei Ew + Ef then up to 45 million tonnes of CO 2 emissions could be avoided each year additionally which is equivalent to 20 million cars driving each year

22 WFD: Vote in the EP on 13 th February 2007 However, MEPs adopted amendment 83 - deleting the energy efficiency formula, proposed by the COM 384/299 At the same time, MEPs rejected amendment 163 (Greens and Hans Blokland MEP) suggesting that Annex I, point D10 should cover incineration on land, including in dedicated incineration facilities with energy recovery. and voted for a broad definition of energy recovery

23 WFD - Vote in the EP Definition of Energy Recovery Art. 3 point (ib) (new), amendment 26: energy recovery means the use of combustible waste as a fuel for generating energy through direct incineration with or without other waste or fuel but with recovery of the heat. Incineration of waste where more energy is added than received during the process is not treated as energy recovery.

24 Energy Recovery status of WtE plants Council, Art. 3 j "recovery" means any operation provided that its principal result is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or in it being prepared to fulfil that function, in the plant or in the wider economy*. Annex II sets out a nonexhaustive list of recovery operations. * This part was deleted by the EP

25 Guidelines for Annex II, Council, Art. 35 If necessary, the application of the formula for incineration facilities referred to in Annex II R1, shall be specified in comitology. Local climatic conditions may be taken into account such as the severity of the cold and the need for heating insofar as they influence the amounts of energy that can technically be used or produced in the form of electricity, heating, cooling or processing steam. Guidelines may be developed by the Commission for the interpretation of the definitions of recovery and disposal.

26 Environmental and Efficiency Criteria EP: Art. 5 par. 2 suggests that the COM shall put forward a legislative proposal for the adoption of implementing measures in order to set environmental and efficiency criteria based on best available techniques on the basis of which final operations listed in Annex II may be considered to have resulted in a recovery operation.

27 Proximity and self-sufficiency principles, Council, Art. 10 Extension of proximity and self-sufficiency principles to "installations for the recovery of mixed municipal waste collected from private household, including where such collection also covers such waste from other producers, taking into account best available techniques". MS may limit incoming shipments of waste destined for incinerators that are classified as recovery, if their national waste would have to be disposed of or that waste would have been treated in a way that is not in coherence with their national waste management plan (notification to COM necessary). MS may also limit outgoing shipments of waste on environmental grounds as set out in WSR (eco-dumping) New recital: For the purposes of the application of the WSR, mixed municipal waste remains mixed municipal waste even when it has been subject to a waste treatment operation that has not substantially altered its properties.

28 Waste Framework Directive Next stages Following the political agreement reached in the Council of Ministers on 28 th June 2007 The Directive will now pass to the EP for a second reading, probably at the beginning of 2008 Perhaps conciliation between Council and EP, under moderation of the COM Entering into force 2008/2009 Transposition: MS shall bring the directive into force 1 year later, i.e. 2009/2010

29 Thank you for your attention Please contact us if you would like some further information about Waste-to-Energy CEWEP Confederation of European Waste-to-Energy Plants Office in Brussels: Boulevard Clovis 12A B-1000 Brussels BELGIUM Tel.: +32 (0) Fax: +32 (0)