PREPARING FOR THE INDUSTRIAL EMISSIONS DIRECTIVE Webinar 15 May 2013

Transcription

1 EMISSIONS DIRECTIVE Webinar 15 May 2013 William Wilson, Barrister, Burges Salmon LLP Tel. +44 (0) Philip Hay, Senior Consultant, SKM Enviros Tel. +44 (0)

2 WHAT THIS WEBINAR WILL COVER 1. Overview of Industrial Emissions Directive IED 2. Summary of Directives replaced 3. Significance of way IED is implemented 4. Aims, objectives, key features 5. The IED in more detail 6. Application Timing 7. Key differences in permitting 8. Examples of Key sector issues 9. Summary Please note that we have more material than time, but the slides will be made available if we have your addresses

3 BURGES SALMON LLP Leading UK law firm Significant international client base 627 staff, 79 partners London & Bristol offices Leading environmental and energy law practice

4 SKM Enviros Market leading consultancy providing water, environmental, sustainability and health and safety solutions 500 consultants in 20 offices across the UK, Europe, the Middle East and Africa Part of the Sinclair Knight Merz group, a global engineering, sciences and project delivery firm achieve outstanding client success

5 INDUSTRIAL EMISSIONS DIRECTIVE 2010/75/EU KEY FEATURES Recast of 7 existing Directives covering industrial emissions Includes Integrated Pollution Prevention and Control 'IPPC' and Large Combustion Plants 'LCP' Directives Important changes to Best Available Techniques 'BAT' test, will affect wide range of installations Important provisions on limited life time for some combustion plants

6 WHEN IN FORCE Adopted 24 November 2010 Entered into force 6 January 2011 Transposition of most of IED was required by 7 January 2013 Transposing regulations for England and Wales, Scotland, Northern Ireland, Look out for differences in transposition! Important rules and deadlines for obtaining permits

7 DIRECTIVES REPLACED IPPC Directive 2008/EC Integrated Pollution and Control Directive LCP Directive 2001/80/EC Large Combustion Plants Directive WID Directive 2007/76/EC Waste Incineration Directive VOCs Directive 1999/13/EC Volatile Organic Compounds Directive Three TiO 2 Directives 78/176/EEC, 82/883/EEC, 92/112/EEC, Titanium Dioxide Directives

8 IPPC DIRECTIVE 2008/1/EC Repealed 7 January 2014 Applies pollution control and BAT to wide range of installations from breweries and power plant to very large pig farms Energy, metals, minerals, chemicals, waste management and many other activities

9 LARGE COMBUSTION PLANTS DIRECTIVE 2001/80/EC Limits emissions of pollutants to air from large combustion plants a key driver of power station closure and replacement after 2016 Repealed 1 January 2016 Transitional National Plans (A.32) may allow for derogations to 2020 for LCPs permitted before 27 November 2002 Limited life time derogation (A.33) for certain LCPs to 2023 where limited operations and certain conditions apply Other relevant derogations for Small isolated systems (A.34) and District heating plans (A.35)

10 WASTE INCINERATION DIRECTIVE 2000/76/EC Repealed 7 January 2014 Controls on dust, NOx, SO2, HCl, HF, heavy metals, dioxins, furans from incinerators

11 VOCs DIRECTIVE 1999/13/EC Repealed 7 January 2014 Limits VOCs from solvents, e.g. printing, cleaning, footwear manufacture, pharmaceuticals

12 THREE TiO 2 DIRECTIVES 78/116/EEC, 82/883/EEC, 92/112/EEC Repealed 7 January 2014 Control production of titanium dioxide, in manufacturing processes typically involving sulphuric acid, e.g. pigments in paints, ink and paper

13 SIGNIFICANCE OF THE WAY IED IS IMPLEMENTED The copy out debate and referential drafting: what it means and why it matters Much closer reliance by businesses, advisers, regulators on the actual Directive text (rather than implementing regulations) More scope for regulators to apply their own interpretations day to day, but At key points industry interpretation may vary from regulators and may require a reasoned argument to be presented For England and Wales - See now: Unofficial Consolidated Environmental Permitting Regulations 2013 (Defra website) Environmental Permitting Core Guidance (Defra 7 March 2013) Industrial Emissions Directive EPR Guidance on Part A Installations (Defra 7 March 2013) applies to new installations now and to existing installations from 7 January 2014.

14 SOME SIGNIFICANT DIFFERENCES Stricter controls on nitrogen oxides, sulphur dioxide and dust Stronger application of BAT test, and requirement for permit conditions outside BAT to be justified Land Quality Tighter review processes Minimum emission limit values tightened, e.g. for LCPs Requires general binding rules on basis of BAT, and requires these to be kept up to date Some general rules have new, enhanced status and importance Changes to scope exemptions and newly included activities

15 IED CHAPTER I COMMON PROVISIONS A.2 Scope A.3 Definitions A.4 Obligations to hold a permit A.5 Granting of a permit A.6 General Binding Rules A.7 Incidents and Accidents see e.g. 7(c) A.8 Non-compliance A.9 Emission of greenhouse gases relationship with EU-ETS.

16 IED CHAPTER II INSTALLATIONS SUBJECT TO IPPC (1) A.10 Scope A.11 General principles governing the basic obligations of an operator: All appropriate measures against pollution BAT are applied No significant pollution caused Generation of waste prevented Directive 2008/98/EC Where waste generated, waste hierarchy applied Energy used efficiently Necessary measures taken to prevent accidents and limit their consequences Necessary measures on definitive cessation of activities to avoid risk of pollution and return site to satisfactory state, defined in A.22.

17 IED CHAPTER II INSTALLATIONS SUBJECT TO IPPC (2) A.12 Applications for permits A.13 BAT reference documents and exchange of information A.14 Permit conditions all necessary measures to comply with A.11 and A.18 PLUS important detail, e.g. on ELVs and GBRs. A.15 Emission Limit values, equivalent parameters and technical measures A.16 Monitoring requirements A.17 General binding rules for activities listed in Annex 1 A.18 Environmental quality standards A.19 Developments in best available techniques.

18 IED CHAPTER II INSTALLATIONS SUBJECT TO IPPC (3) A.20 Changes by operators to installations A.21 Reconsideration and updating of permit condition by the competent authority A.22 Site closure A.23 Environmental inspections A.24 Access to information and public participation in the permit procedure A.25 Access to justice A.26 Trans boundary effects A.27 Emerging techniques

19 CHANGES TO BAT AND BREFS IPPC Bureau in Seville produces technical guidance notes called BREFs on what constitutes Best Available Techniques BAT in particular industries Examples of new provisions on BAT in IED A.13 (2) to (7) new BAT reference documents and exchange of information A.14 (3) to (5) new Permit conditions A.15 (2) to (5) new Emission limit values, equivalent parameters and technical measures A.19 Further emphasis on updated BAT conclusions developments in BAT A.21 (2) to (4) new reconsidering and updating permit conditions by competent authority A.24 (2) new access to information and public participation in the permit procedure

20 WASTE MANAGEMENT ACTIVITIES IED Annex 1 point 5.3(b) extends IPPC to some non-hazardous waste activities. A.3.37 IED defines waste as in A3.1 of Directive 2008/98/EC No reference in IED to A.2 of Directive 2008/98/EC (exclusions) - England and Wales MAYBE technical units treating waste ARE subject to IPPC/IED if over the threshold EVEN IF excluded by 2008/98/EC

21 IED CHAPTER III SPECIAL PROVISIONS FOR COMBUSTION PLANTS A.28 Scope A.29 Aggregation Rules A.29.3 A.30 Emission Limit values A.31 Desulphurisation rate A.32 Transitional National Plan Defra & devolved administrations A.33 Limited life time derogation to 1 January 2014 A.34 Small isolated systems A.35 District heating plants A.36 Geological storage of carbon dioxide A.37 Malfunction or breakdown of abatement equipment A.38 Monitoring of emissions into air A.39 Compliance with emission limit values A.40 Multi-fuel combustion plants A.41 Implementing rules

22 IED CHAPTER IV WASTE INCINERATION A.42 A. 55 Some points to note - Regulator for non-hazardous waste co-incineration activities: Schedule 13 Removal of BAT requirements from incineration and coincineration installations not subject to IPPC PCB and PAH monitoring Annex VI Part 6, para 2.1 (c) A42.1 chapter does not apply to gasification and pyrolysis plants if same conditions are met

23 IED CHAPTER V - ACTIVITIES USING SOLVENTS A.56 A.65 Few changes to Solvent Emissions Directive Preamble Chapter V, Annex VII IED (Sched. 14 EPR Regulations) Registration option for solvent activities A.4.1 Removal of BAT from solvent activities current Part B activities

24 IED CHAPTER VI SPECIAL PROVISONS FOR INSTALLATIONS PRODUCING TITANIUM DIOXIDE A.66 A.70 Annex VIII applies

25 IED CHAPTER VII COMMITTEE, TRANSITIONAL AND FINAL PROVISIONS A.71-A.84 Timetable for permiting - Must be permitted by 7 July 2015 if newly subject to IPPC/IED Activities not subject to IED Legacy activities see March 2012 Defra consultation para. 32 Mobile Plant A3.3

26 OTHER IMPORTANT IED PROVISIONS (1) Activities newly subject to IPPC the 2015 installations IPPC general principle on waste prevention Waste not excluded from being subject to IED Site closure

27 OTHER IMPORTANT IED PROVISIONS (2) Chemical industry production on industrial scale Disposal or recovery of non-hazardous waste exclusion of activities covered by UWWTD Important issue for water industry see Annex 1 point 5.3 (a) and (b), and A.6.1 March 2012 Defra consultation

28 The Industrial Emissions Directive In Practice

29 Aspects covered 1. Overview of Industrial Emissions Directive 2. Summary of Directive replaced 3. Significance of way IED is implemented (England and Wales) 4. Aims, objectives, key features 5. The Directive in more detail 6. Application Timing 7. Key differences in permitting 8. Examples of Key sector issues 9. Summary achieve outstanding client success

30 Timing and Deadlines The following deadlines apply for obtaining permits within the Directive: - IED applies from now to all new installations and with following variations: - 7 January 2014 applies to existing permitted installations (permitted prior to January 2013); - 7 July 2015 IED applies to existing installations, not currently permitted, operating newly prescribed activities; and - 1January 2016 Existing large combustion plants must meet the specific requirements set out in Chapter III and Annex V of IED achieve outstanding client success

31 Transposition within the UK Country Regulation Regulator Timings England Wales EnvironmentalPermitting Regulations 2010 (as amended 2013) Environment Agency Natural Resources Wales As in the IED, but no application window for existing sitesnew to permitting Northern Ireland Pollution Prevention and Control (Northern Ireland) Regulations 2012 Northern Ireland Environment Agency Scotland Pollution Prevention and Control (Scotland) Regulations 2012 Scottish Environmental Protection Agency Phased application windows for existing sites new to permitting (see next slide) achieve outstanding client success

32 Scottish Application Windows Application window Block 1 7 Jan-7 April 2014 Block 2 7 March -7June 2014 Block 3 7 May 7 Aug2014 Sector Food and Drink Waste Wood Preservation Schedule 1 References Section 6.8, Part A, paragraph (d)(ii) & (iii) Section 5.1, Section 5.3 Part A, Section 5.4 Part A paragraph (a)(iii) to (v), Section 5.4 Part A paragraph (b), Section 5.6 Part A paragraph (a) and Section 5.6 Part A paragraph (b) Section 6.6, Part A Block 4 7 July 7 Oct 2014 Others* Section 5.7, Part A, Section 1.2, Part A, paragraph (c)(ii)), 2012, Sections 4.1 to 4.6, and Section 6.1, Part A, paragraph (c) * Privately operated waste water treatment sites; sites gasifying or liquefying fuels other than coal in installations with a total rated thermal input of 20MW or more; sites in the chemical industry concerning production by biological processing; and sites producing oriented strand board, particleboard or fibreboard with a production capacity exceeding 600m 3 per day. achieve outstanding client success

33 Key Differences - Land Quality IED requires on-going periodic monitoring of Land Quality Recent EA Condition wording: Periodic monitoring shall be carried out at least once every 5 years for groundwater and 10 years for soil, unless such monitoring is based on a systematic appraisal of the risk of contamination.

34 Changes in Listed Activities Many listed activities remain the same However new overarching requirements apply Some newly listed activities Some changes in definitions and thresholds A number of previously UK listed activities fall out..some examples achieve outstanding client success

35 Changes in Threshold - Food and Drink Vegetable Matter Change from production based rolling 90 day average of 300 tonnes per day to a capacity limit of 300 tones per day. Mixed Vegetable and meat used to be that anything over 10% animal content would be classified as Meat based (with a 75 tonne/day capacity limit. NOW there is a sliding scale between the two limits based on the proportion of meat and veg..meaning more sites permitted achieve outstanding client success

36 The Capacity Question A factory could produce 100 tonne/day of vegetable based product based on working 8 hours. Under the threshold? The Regulator may disagree, this may have a capacity of 300 tonne/day. achieve outstanding client success

37 Capacity Things to consider include Planning restrictions Utility constraints Cleaning time Product mix variation achieve outstanding client success

38 Expanded Scope - Hazardous Waste Industry Hazardous waste recovery as well as disposal operations now included Meaning no more dual permitting of facilities 10 tonne capacity threshold, capturing merchant storage and treatment plants e.g for fluorescent light fittings, some WEEE, and bulk storage achieve outstanding client success

39 Expansion Scope - Non-Hazardous Waste Industry Non-hazardous waste treatment for disposal is a listed activity including preparation of RDF (new); biological treatment; physico-chemical treatment; shredding of metals and WEEE (new); and treatment of slags and ashes (new). achieve outstanding client success

40 Expansion Scope - Non-Hazardous Waste Industry Non-hazardous waste treatment for recovery may be a listed activity including: preparation of RDF (new); biological treatment (new); shredding of metals and WEEE (new); and treatment of slags and ashes (new). BUT NOT physico-chemical treatment Biological treatment is a listed activity so most composting plants will likely fall within the scope as the capacity is 75 tonnes per day (100 for AD). Recovery of IBA is a listed activity, as is the use of shredders for metals or WEEE. The key here is again daily capacity rather than actual throughput. achieve outstanding client success

41 Waste Industry Implications (1) EXAMPLE 1 - Aerobic Composting plant currently exempt (T23) Some of these sites will go from exempt to permitted EXAMPLE 2 Metal shredders for WEEE / ELV etc. Currently regulated under lower level permits. All will now need to meet BAT achieve outstanding client success

42 Waste Industry Implications (2) BAT. Containment and bunding Land quality monitoring Nuisance (noise, odour dust) Accidents, energy. Planning? Timescales for BAT Improvements? achieve outstanding client success

43 Other Changes - Large Combustion Plant Revised ELVs in Annex V of the IED- tightening of limits particularly around NO x and SO 2 Deminimus of 15MWth for the aggregation of combustion plant some plant could drop out of LCP requirements achieve outstanding client success

44 Uncertainties - Water industry 5.3b Recovery of non hazardous waste by biological treatment does this apply to sludge treatment in AD plants? Import from off site Sewage sludge? other materials? Removal of many biogas engines >3MWth (1.1) achieve outstanding client success

45 SUMMARY AND WAY FORWARD This is, overall, much more than a re-cast significant changes have been introduced Wider discretion for regulators? But also scope to present arguments for different interpretation of the Directive Identify the potential implications to your operations Watch out for developments in BAT documents and involve yourselves in the process Work with trade organisations and specialists as you need to

46 Further Information For SKM contact: Philip Hay, Senior Consultant SKM Enviros Tel. +44 (0) William Wilson, Barrister Burges Salmon LLP Tel. +44 (0) Mobile +44 (0)