final slide deck for preparing for the industrial

PREPARING FOR THE INDUSTRIAL

EMISSIONS DIRECTIVE

Webinar 15 May 2013

William Wilson, Barrister,

Burges Salmon LLP

Tel. +44 (0) 117 939 2289

[email protected]

Philip Hay, Senior Consultant,

SKM Enviros

Tel. +44 (0) 7584 215 069

[email protected]


EMISSIONS DIRECTIVE 2010/75/EU

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 slideswill be made available if we have your email addresses



BURGES SALMON LLP

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

www.burges-salmon.com

achieve outstanding client success

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



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



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, 2013

- Look out for differences in transposition!

� Important rules and deadlines for obtaining permits



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



� Repealed 7 January 2014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

IPPC DIRECTIVE 2008/1/EC



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


� 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)



WASTE INCINERATION DIRECTIVE

2000/76/EC


� Controls on dust, NOx, SO2, HCl, HF, heavy metals, dioxins, furans from incinerators



VOCs DIRECTIVE 1999/13/EC


� Limits VOCs from solvents, e.g. printing, cleaning, footwear manufacture, pharmaceuticals



THREE TiO 2 DIRECTIVES 78/116/EEC,

82/883/EEC, 92/112/EEC


� Control production of titanium dioxide, in manufacturing processes typically involving sulphuric acid, e.g. pigments in paints, ink and paper



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.



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



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.



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.




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.




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



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



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



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



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 co-

incineration 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



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



IED CHAPTER VI – SPECIAL PROVISONS

FOR INSTALLATIONS PRODUCING

TITANIUM DIOXIDE

� A.66 – A.70

� Annex VIII applies



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



‘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



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

The Industrial Emissions Directive

In Practice


Aspects covered

1. Overview of Industrial Emissions Directive2. Summary of Directive replaced3. Significance of way IED is implemented (England

and Wales)4. Aims, objectives, key features5. The Directive in more detail6. Application Timing7. Key differences in permitting 8. Examples of Key sector issues9. Summary


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


Transposition within the UKCountry Regulation Regulator Timings

England Environmental Permitting

Regulations 2010 (as

amended 2013)

Environment

Agency

As in the IED, but no

application window for

existing sites new to

permitting Wales Natural

Resources Wales

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)


Scottish Application Windows Application

window

Sector Schedule 1 References

Block 1

7 Jan - 7 April 2014

Food and

Drink

Section 6.8, Part A, paragraph (d)(ii) & (iii)

Block 2

7 March - 7June

2014

Waste 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)

Block 3

7 May – 7 Aug 2014

Wood

Preservation

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 600m3 per day.

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.


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


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


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.


Capacity

• Things to consider include

– Planning restrictions

– Utility constraints

– Cleaning time

– Product mix variation


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


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).


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.


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


Waste Industry – Implications (2)

BAT…….

• Containment and bunding

• Land quality monitoring

• Nuisance (noise, odour dust)

• Accidents, energy…….

• Planning?

• Timescales for BAT Improvements ?


Other Changes - Large Combustion Plant

• Revised ELVs in Annex V of the IED- tightening

of limits particularly around NOx and SO2

• Deminimus of 15MWth for the aggregation of

combustion plant – some plant could drop out of

LCP requirements


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)



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



Further Information

For SKM contact:

Philip Hay, Senior Consultant

SKM Enviros

Tel. +44 (0) 7584 215 069

Email [email protected]

www.skmenviros.com

William Wilson, Barrister

Burges Salmon LLP

Tel. +44 (0) 117-939-2289

Mobile +44 (0) 7970 577 492

Email [email protected]

final slide deck for preparing for the industrial

Documents