European IPPC Bure 1 The Industrial Emissions Directive

European IPPC Bure 1 - The Industrial Emissions Directive (2010/75/EU) 1 1

European IPPC Bure Industrial Emissions Directive 2010/75/EU (IED) Key instrument for minimising consumption and the 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 2 2

European IPPC Bure 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 3 3

European IPPC Bure 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 4 4

European IPPC Bure Definition of BAT in the IED Best Available Techniques Most effective in achieving a high general level of protection of the environment as a whole Developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions 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 5 5

European IPPC Bure 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 6 6

European IPPC Bure 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. " 7 7

European IPPC Bure 2 - The Sevilla process A complex consensus-building exchange of information with numerous stakeholders and underpinned by sound techno-economic information that has been enshrined into law by: Commission Implementing Decision 2012/119/EU 8 8

European IPPC Bure 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 9 9

European IPPC Bure Exchange of information on BAT: actors EU Member States Committee (IED Article 75) ‘Forum’ (IED Article 13) lead by the Commission: industry, Member States, environmental NGOs European IPPC Bureau (EIPPCB) GLS I&S WT (Glass) (Iron and Steel) (Waste Treatment) • Industry • Member States • NGOs • Commission 35 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 BREFs 10 10

European IPPC Bure The ‘Sevilla process’ Industry TWG + EFTA and Accession Countries Draft 1 (D 1) European Commission/ EIPPCB kick-off meeting Environmental NGOs Bulk of info. needed (incl. questionnaires) EU Member States Comments Draft 2 (D 2) * Final TWG meeting * D 2 optional Total duration: • 24 – 29 months (without D 2) • 29 – 39 months (with D 2) Final draft BREF BAT conclusions • Forum opinion on BREF • Adoption of BAT conclusions through the IED Art. 75 Committee BAT 11 conclusions 11

European IPPC Bure Exchange of information on BAT: BREFs Standard BREF structure: • Preface • General information about the sector …… Chapter • Process/techniques used…………… Chapter • Consumption and emission levels………… Chapter • Candidate BAT ………………… Chapter • BAT conclusions ………………… Chapter • Emerging techniques……………… Chapter • Concluding remarks and recommendation for future works (including suggestions for R&D) 1 2 3 4 5 6 200 to 1000 pages 12 12

European IPPC Bure Data collection step is crucial for determining BAT The information on key environmental issues is obtained through plant-specific questionnaires covering: emissions to air and water generation of solid by-products, residues and wastes efficient energy use 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) 13 13

European IPPC Bure How is a BAT-AEL defined ? • … Standard introduction to Chapter 5 • Where emission and consumption levels “associated with best available techniques” are presented, this is to be understood as meaning that those levels represent the environmental performance that could be anticipated as a result of the application, in this sector, of the techniques described, bearing in mind the balance of costs and advantages inherent within the definition of BAT. • However, they are neither emission nor consumption limit values and should not be understood as such. In some cases, it may be technically possible to achieve better emission or consumption levels but due to the costs involved or cross- media considerations, they are not considered to be appropriate as BAT for the sector as a whole. However, such levels may be considered to be justified in more specific cases where there are special driving forces… 14 14

European IPPC Bure Cont. • …The concept of ‘levels associated with BAT’ described above is to be distinguished from the term ‘achievable level’ used elsewhere in this document. Where a level is described as ‘achievable’ using a particular technique or combination of techniques, this should be understood to mean that the level may be expected to be achieved over a substantial period of time in a well maintained and operated installation or process using those techniques… 15 15

European IPPC Bure Cont. • ……The BAT (including the associated emission and consumption levels) given in this chapter are ‘BAT in a general sense’ (i. e. considered to be appropriate to the sector as a whole). It is intended that they are a reference point against which to judge the current performance of an existing installation or to judge a proposal for a new installation… • …It is foreseen that new installations can be designed to perform at or even better than the BAT levels presented in this chapter. It is also considered that existing installations could move towards the BAT levels presented in this chapter or do better, subject to the technical and economic applicability of the techniques in each case 16 16

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European IPPC Bure How is a BAT AEL defined ? No formula/theory exist to derive a BAT AEL • BAT AELs are not ‘statistically based’, however they can be ‘statistically-informed’ (provided the necessary data is available) • BAT AELs are derived based on expert judgement => empirical determination • The upper-end of the BAT AEL may be the most difficult to set (even more now with the IED) 18 18

European IPPC Bure BAT is about real plant performance #48: LVOC, Direct Pretreatment: Settling+bio. treat. #40: OFC+POL, Direct Pretreatment: floc+filtration BAT-AEL: 10 – 20 mg/l (monthly average) Only part of the effluent passes through the MBR - Data from 2007, in 2009 <10 mg/l #36: MBR: <detection limit for TSS #08: MBR: 1. 1 mg/l (average of 150 measurements) 19 19

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European IPPC Bure BREFs are available to the world http: //eippcb. jrc. europa. eu/reference/ 21 21

European IPPC Bure Progress on the review of BREFs under the IED 4 BAT conclusions already adopted: Iron and Steel; Glass; Tanning of Hides and Skins; Cement, Lime and Magnesium Oxide 3 BAT conclusions soon to be adopted: Chlor-Alkali; Pulp, Paper and Board; Refining of Mineral Oil and Gas 9 (B)REFs being worked upon: Common Waste Water/Waste Gas; Non-Ferrous Metals; Intensive Rearing of Poultry and Pigs; Large Volume Organic Chemicals; Large Combustion Plants; Wood-Based Panels; Waste Treatments; Food, Drink and Milk; Monitoring Work on 3 more BREFs to start in 2014: Waste Incineration; Surface Treatment using Organic Solvents; 22 Wood-Preservation with Chemicals 22

European IPPC Bure 3 - Challenges for the review of BREFs under the IED 23 23

European IPPC Bure 35 BREFs 8 -year review cycle 24 24

European IPPC Bure Challenges and constraints of a BREF review Ø 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 Ø The time allowed for a BREF review is 2 -3 years maximum Ø Resources are scarce among stakeholders involved in the Sevilla process, including the EIPPCB Ø Increased importance of BREFs/BATC requires the acquisition of better and more data (contextual information, applicability, monitoring, costs), which may not be readily available 25 25

European IPPC Bure General strategy to shorten the time to delivery Ø Adopt a more focused approach (shorter BREFs, focus on BAT conclusions, target key environmental issues) Ø Anticipate further and prepare input before the BREF review starts: anticipation of the structure of the BAT and identification of the data needs are crucial to devise appropriate questionnaires Ø ‘single draft’ route is the standard for BREF reviews not involving major changes in the scope Ø Possibilities for e. g. extending commenting periods and holding additional TWG or subgroup meetings are necessarily limited Ø Deliver the best quality with (limited) available time and resources 26 26

European IPPC Bure Conditions to reach useful BAT conclusions Ø 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) Ø The applicability of the identified BAT and any potential restrictions need to be carefully assessed Ø A transparent exchange of information needs to be ensured Ø BAT conclusions are based on clear facts and sound techno-economic information 27 27

European IPPC Bure Thank you for your attention Serge Roudier Head of the European IPPC Bureau Serge. Roudier@ec. europa. eu +34 954 488 308 http: //eippcb. jrc. europa. eu/ 28 28