Le role des conclusions BAT et des BREFs dans la mise en oeuvre de la Directive sur les émissions industrielles (IED) Colloque AFITE sur la mise en oeuvre de l'ied Paris 22/10/2015 Serge Roudier, Head of the European Commission, Joint Research Centre 1 1
IPTS in the context of the Joint Research Centre (JRC) (EIPPCB) ~20 staff within the Sustainable Production and Consumption (SPC) Unit of the Institute for Prospective Technological Studies (IPTS) 2 2
Outline of this presentation 1 - The Industrial Emissions Directive (IED) 2 - The Sevilla process 3 - Challenges for the drawing up and review of BREFs under the IED 4 How to best prepare the review of BREFs 3 3
1 - The Industrial Emissions Directive (2010/75/EU) 4 4
Industrial Emissions Directive 2010/75/EU (IED) Key instrument for minimising consumption and emissions of industrial activities in Europe General framework: prevent and, if not feasible, reduce pollution high level of protection for the environment as a whole permit based on Best Available Techniques (BAT) BAT are determined by a Technical Working Group steered by the JRC (EIPPCB) and documented in BREFs BAT conclusions are secondary legislation 5 5
Annex I to IPPC and IED Directive Wide range of industrial activities listed: Energy industries Production and processing of metals Mineral industries Cement, lime, glass, ceramics Production of chemicals Waste management industries Several recovery or disposal operations Incineration Other industries: Pulp and paper, textile processing Tanning of hides and skins Intensive farming of pigs and poultry, slaughterhouses and animal by-product processing, food drink and milk processing, surface treatment using solvents ~ 50 000 IPPC installations in Europe 6 6
Environmental scope of the IED emissions to air prevention and control of accidents emissions to water waste prevention and recovery vibration noise heat energy & water use odour 7 7
Definition of BAT in the IED Best Most effective in achieving a high general level of protection of the environment as a whole Available Developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions Techniques Both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned Note: in determining BAT, special consideration should be given to the criteria listed in Annex III of the IED 8 8
Role of BAT conclusions in IED permitting BAT conclusions are the reference for setting permit conditions Permits to contain emission limit values (ELVs) to ensure that, under normal operating conditions, emissions do not exceed BAT-associated emission levels (BAT-AELs) Derogation from BAT-AELs is only allowed in specific and justified cases Need to demonstrate that costs are disproportionately higher than benefits due to local/installation-specific situations Member States report to the public/commission on use of derogations 9 9
Reconsidering / updating permit conditions (IED Article 21) "Within four years of publication of decisions on BAT conclusions in accordance with Article 13(5) relating to the main activity of an installation, the competent authority shall ensure that: (a) all the permit conditions for the installation concerned are reconsidered and, if necessary, updated to ensure compliance with this Directive [the IED]; (b) the installation complies with those permit conditions. The reconsideration shall take into account all the new or updated BAT conclusions applicable to the installation and adopted since the permit was granted or last reconsidered." 10 10
2 - The Sevilla process A complex consensus-building exchange of information with numerous stakeholders and underpinned by sound technoeconomic information that has been enshrined into law by: Commission Implementing Decision 2012/119/EU 11 11
The legal basis for the exchange of information on BAT Article 13(1) of the Industrial Emissions Directive 2010/75/EC: In order to draw up, review and, where necessary, update BAT reference documents, the Commission shall organise an exchange of information between Member States, the industries concerned, non-governmental organisations promoting environmental protection and the Commission The exchange of information should address: the performance of installations and techniques in terms of emissions and consumptions, etc. the techniques used, associated monitoring, economic and technical viability, etc. best available techniques and emerging techniques identified after considering all the issues concerned 12 12
Exchange of information on BAT: actors EU Member States Committee (IED Article 75) Forum (IED Article 13) led by the Commission: industry, Member States, environmental NGOs (EIPPCB) GLS WT FMP (Glass) (Waste Treatment) (Ferrous Metals Processing) Industry Member States NGOs Commission Industry Member States NGOs Commission Industry Member States NGOs Commission 34 Technical Working Groups (TWGs) Members of the Committee: vote the BAT conclusions Forum members: guidance to COM nominate in TWGs formal opinion on BREFs BREF authors team: lead TWGs validate/check information draft BREFs present BREF to Forum TWG members: research information peer review draft BREFs13 13
The Sevilla process Industry Environmental NGOs Bulk of info. needed (incl. questionnaires) TWG kick-off meeting Draft 1 (D1) Draft 2 (D2) * Final TWG meeting * D2 optional Total duration: 24 29 months (without D2) 29 39 months (with D2) EU Member States + EFTA and Accession Countries European Commission/ EIPPCB Comments Forum opinion on BREF Adoption of BAT conclusions through the IED Art. 75 Committee Final draft 14 14
Exchange of information on BAT: BREFs Standard BREF structure: Preface General information about the sector concerned...chapter 1 Applied processes and techniques. Chapter 2 Current emission and consumption levels.chapter 3 Techniques to consider in the determination of BAT.Chapter 4 Best available techniques (BAT) conclusions.chapter 5 Emerging techniques..chapter 6 Concluding remarks and recommendation for future works (including suggestions for R&D) 200 to 1250 pages15 15
Data collection step is crucial for determining BAT The information on key environmental issues is obtained through plantspecific questionnaires covering: emissions to air and water generation of solid by-products, residues and wastes efficient use of resources (e.g. energy, water) techniques that are potential BAT candidates Importance of contextual information: details on the techniques used (characteristics, historical data) other than normal operating conditions link between the fuel characteristics and generated pollutants consumptions (e.g. raw water, energy, chemicals) 16 16
BAT is about real plant performance: Waste water treatment in the chemical sector (Zoom) Abbreviation Meaning Bio Biological treatment Filt Filtration (includes MBR and sand filtration) Flot Flotation NI No information provided PC Physico-chemical treatment only Sed Sedimentation SF Sand filtration Ultraf Ultrafiltration BAT-AEL: 5 35 mg/l (yearly average) 17 17
BREFs are available to the world http://eippcb.jrc.ec.europa.eu/reference/ 18 18
Achievements 8 BAT conclusions already adopted: Iron and Steel; Glass; Tanning of Hides and Skins; Cement, Lime and Magnesium Oxide; ChlorAlkali; Pulp, Paper and Board; Refining of Mineral Oil and Gas; Wood-Based Panels 2 BAT conclusions soon to be adopted: Common Waste Water and Waste Gas Treatment/Management Systems in the Chemical Sector; Non-Ferrous Metals 8 (B)REFs being worked upon: Intensive Rearing of Poultry and Pigs; Large Volume Organic Chemicals; Monitoring of Emissions; Large Combustion Plants; Waste Treatment; Food, Drink and Milk; Waste Incineration; Surface Treatment using Organic Solvents (including Wood and wood-products Preservation with Chemicals) Work on 3 more BREF reviews to start in 2015/2016: Textiles; Slaughterhouses and Animal by-products; Ferrous Metal Processing; Chemical industry high international recognition: China, Korea, Russia, Brazil 19 19
3 - Challenges for the drawing up and review of BREFs under the IED 20 20
34 BREFs 8-year review cycle 21 21
Challenges and constraints of drawing up of BREFs The delivery of BREFs and BAT conclusions is a prerequisite for the updating of IPPC permits time is a critical factor in the implementation of the IED, there is now the need to speed up the Sevilla process The time allowed for a BREF elaboration/review is 2-3 years maximum Resources are scarce among stakeholders involved in the Sevilla process, including the EIPPCB Increased importance of BREFs/BATC requires the acquisition of better and more data (contextual information, applicability, monitoring, costs), which may not be readily available 22 22
General strategy to shorten the time to delivery Adopt a more focused approach (shorter BREFs, focus on BAT conclusions, target key environmental issues) Anticipate further and prepare input before the BREF elaboration/review starts: anticipation of the structure of the BAT and identification of the data needs are crucial to devise appropriate questionnaires single draft route is the standard for BREF reviews not involving major changes in the scope Possibilities for e.g. extending commenting periods and holding additional TWG or subgroup meetings are necessarily limited Deliver the best quality with (limited) available time and resources 23 23
Conditions to reach useful BAT conclusions All stakeholders should contribute to the exchange of information, including representatives from institutions/associations who are not directly represented in the TWG (e.g. competent authorities, equipment suppliers, representatives of industrial installations) The applicability of the identified BAT and any potential restrictions need to be carefully assessed A transparent exchange of information needs to be ensured BAT conclusions are based on clear facts and sound technoeconomic information 24 24
4 How to best prepare the review of BREFs 25 25
Current EIPPCB workload and possible timing for the review of the FMP BREF EIPPCB can cope with a maximum of 8 to 10 BREFs at a time currently working on 8 (B)REFs, i.e. IRPP, LVOC, ROM, LCP, WT, FDM, WI, STS/WPC (in different stages of drafting process) Should start 4 BREF reviews in 2015/2016: FMP, one chemical BREF, TXT Possible timing for the review of the FMP BREF: TWG (re-)re-activation: by the end of 2015 Kick-off meeting: around summer 2016 Final TWG meeting: around end 2018 Adoption and publication in the OJ: 2019 26 26
What could stakeholders do to prepare for the review of a BREF? Become familiar with the BREF Guidance (2012/119/EU) Look at recently adopted BAT conclusions (e.g. Tanning of Hides and Skins; Chlor-Alkali; Pulp, Paper and Board; Refining of Mineral Oil and Gas) Examine the current BREF BAT conclusions and start thinking of possible BAT conclusions for the sector to meet the content and format set by the BREF Guidance (Chapter 3 of the BREF Guidance) Clarity, preciseness, completeness, consistency, etc. With respect to Scope, Structure, Techniques, Applicability, BAT-AE(P)Ls Key environmental issues for the sector? Directly associated activities? 27 27
What could stakeholders do to prepare for the review of a BREF? Scope Have there been major changes in the sector that need reflection in the scope of the BREF? Any applied processes obsolete / any new processes? Directly associated activities Applied processes and techniques in current BREF: update if necessary (i.e. in case of gaps, errors etc.) Key environmental issues (KEI) What are the KEI for the sector and are they addressed in the BREF (by BAT candidates and BAT conclusions)? 28 28
What could stakeholders do to prepare for the review of a BREF? BAT candidates Any new candidates/any obsolete candidates? Developments on the emerging techniques in the current BREF? Update of candidates: description, plant-specific environmental performance and operational data, economics, applicability (10-heading structure) Performance indicators: emission levels, consumption levels, other levels: e.g. abatement efficiency (compare BAT-AEPLs = environmental performance levels associated with BAT) BAT conclusions/bat-aels Under IED: need for a more sound data basis for concluding on BAT-AELs BAT-AELs are derived from real plants (plant-specific data) 29 29
What could stakeholders do to prepare for the review of a BREF? DATA collection Data collection, especially plant-specific data, will form major part of the review process Important: contextual information, monitoring Collection of plant-specific via 'questionnaires' tailored to the sector under review Identify well-performing plants that will participate in the collection of plant-specific information (questionnaires) When to provide what? Detailed data collection (questionnaires) ->after Kick-off meeting More basic information to define Scope, KEI, BAT candidates (new/obsolete) is considered useful already for preparing the call for initial positions 30 30
Thank you for your attention Serge Roudier Serge.Roudier@ec.europa.eu +34 954 488 308 http://eippcb.jrc.ec.europa.eu/ 31 31