Industrial Emissions
Directive
Overview
Purpose
Update IPPC Directive
 Combine sectoral directives into a
single text
[Large combustion plant, waste
incineration, VOC, titanium dioxide
etc]
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Key dates
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Publication OJ 17 December 2010
Transposition required by January 2013
[applies to new activities from that date]
Applies to permitted activities at existing
installations from January 2014
Applies to newly prescribed activities at
existing installations from July 2015
Applies to existing large combustion plant
from January 2016
What’s new (1)
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Articles 7 and 8: Requirement for operator
to report incidents/accidents or permit
breaches, take measures to limit
consequences and take any additional
measures required by competent authority
Article 8: Requirement to suspend operation
if immediate danger to health or threatens
significant adverse environmental impact.
What’s new (2)
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Article 12 (and 22): requirement for
baseline report with application where
there is a risk of contamination of soil
or groundwater with hazardous
substances.
Affects existing installations at first
permit update after Jan 2014.
What’s new (3)
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Article 15: permits to reflect elvs in
BAT conclusions – any departure
requires justification [Article 15(4)].
Article 16: monitoring requirements
also based on BAT conclusions.
Minimum 5yr freq for groundwater and
10yr for soil unless systematic
appraisal of risk.
What’s new (4)
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Article 21: permits to be updated to
reflect BAT conclusions (and
installation compliant) within 4 years
of publication.
Article 23: inspection requirements
based on RMCEI: little change in
practice.
What’s new (5)

Article 24: Permits, decision
documents, permit updates, reasons
for Article 15(4) derogations,
measures taken on definitive cessation
of operations all placed on internet.
Changes to prescribed
activities (Relevant to food
sector)
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Waste management: recovery of non hazardous
waste included if capacity>75 tes per day ( >100
tes per day if AD only), changes to incineration
activity descriptions.
Food production from vegetable raw materials
>300 tonnes per day. Now capacity based rather
than ‘average value on a quarterly basis’
Mixed animal / vegetable raw materials: formula
included.
No change to animal raw materials, milk or
rendering.
Implementation in NI
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Pollution Prevention and Control
(Industrial Emissions) Regulations
2012 made 14/12/12
Pollution Prevention and Control
(Industrial Emissions - NIEA) Charging
Scheme made 7/1/13
Implications for existing
operators
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New Regs will apply alongside current Regs
until January 2014.
New Regs contain deemed conditions to
cover Article 7 and Article 8 of the Directive.
Reporting incidents/accidents/permit breaches.
Requirement to suspend operations if immediate
danger to health or immediate risk of significant
adverse environmental impact.

May need permit amendment to reflect
Article 16
NIEA enforcement
policy
Overview of policy and
arrangements for implementation
Policy overview
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Revised policy published in January
2011 after extensive consultation.
Principles:
Proportionate
Consistent
Transparent
Targeted
Enforcement tools
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Warning letters
Notices (works, prohibition, suspension,
enforcement)
Review, variation and revocation
Financial penalties (eg EUETS, marine
licences)
Injunction
Prosecution
Confiscation (proceeds of crime)
Paragraph 26 –
[presumption to prosecute if
sufficient evidence]
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Incidents which have significant consequences or
potential consequences for the environment.
Operating without relevant licence.
Failure to comply with formal remedial
requirements.
Excessive or persistent breaches.
Failure to report an incident.
Reckless disregard for management or quality
standards.
Failure to supply information when legally required.
Obstruction of NIEA officers.
Failure to comply with a fixed penalty notice.
Short term response.
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For an incident, priority is corrective
action to remove risk: immediate
response may be a notice.
More detailed investigation is likely to
follow where one or more of the
paragraph 26 criteria applies
Case reviews (1)
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Each case where a notice or more
serious action is deemed necessary is
assessed using a case review
template.
Interim review will determine whether
to undertake a formal investigation.
Final review will determine whether to
submit a file to the PPS.
Case reviews (2)
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Case review includes line manager.
A sample of cases is selected for review by
an Environmental Protection Directorate
team to promote consistency.
Process subject to audit by Govt internal
audit and Criminal Justice Inspectorate
Impact of prosecution
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Resource intensive for agency.
Reputational damage for defendant.
Strong incentive to improve
compliance and reduce incidents for all
involved.
Role of sector based working and case
studies.
Rendering Sector
Key Technical Issues
Main Issues
Odour
Effluent
Treatment Plants
Noise
Permit
Review
Odour (1)
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SG8 and SNIFFER Report
Environment Agency H4 Odour Management
Guidance - March 2011
Permit conditions (a) compliance with odour
management plan (b) no pollution beyond the site
boundary; use of BAT
Odour management plan should identify potential
sources of odour and be designed to:
Employ appropriate methods, including monitoring and
contingencies, to control & minimise odour pollution
Prevent unacceptable odour at all times
Reduce the risk of odour releasing incidents or accidents by
anticipating them and planning accordingly
Odour (2)
Three levels of odour
Benchmark
Level
Unreasonable odour amounting to serious pollution is being or is
likely to be caused (regardless of whether appropriate measures are
being used).
Must take further action or you may have to reduce or cease operations
– Agency would not issue a permit if considered to be operating at this
level.
Odour pollution is or is likely to be caused beyond boundary.
Operator’s duty is to use appropriate measures to minimise odour.
If appropriate measures are being used, residual odour will have to be
tolerated by the community.
No odour beyond the boundary or likely to be
= no pollution = no action necessary
Odour (3)
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In any particular case NIEA has to decide:
(1) Is there serious pollution?
Conclusion best based on a number of assessment techniques
(a) Subjective assessment
FIDOR – Frequency; Intensity; Duration; Offensiveness; Receptor
sensitivity (factors which determine degree of odour pollution) – (NIEA
Odour Impact Assessment Guidance)
(b) Air dispersion modelling/Measurement
1 Odour unit, OU/m3 = point of detection (when ½ population should
detect odour)
Odour benchmark levels (modelled 98th percentile hourly average):
1.5 most offensive eg. rendering – (but <1 if neighbour sensitised)
3.0 moderately offensive eg. int agric, feed mills
6.0 less offensive odours eg. bakery
Results above benchmark level indicates the likelihood of
unacceptable odour pollution and enforcement action
Odour (4)
(2) Is the operator taking appropriate measures?
 BREFS; H4 odour guidance; industry guidance and
best practice (SNIFFER report)
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When determining what appropriate measures will
be for a site NIEA will factor in needs, costs &
benefits. In practice this means the higher level of
pollution the more measures you will be expected
to take and the greater the justifiable financial
investment will be.
NIEA will work closely with operators to help them
find mutually acceptable solutions
Odour (5)
ABPs/rendering are likely to be the major odour sources but
ETPs can also cause odour problems
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Prevent build up of Fats and Solids
Keep effluent fresh and moving
Provide sufficient aeration in the appropriate tanks
Effectively manage sludges
Maintain an odour management plan, and record changes in odour from the
plant daily – Often a sign of changes in plant / spillages / breakdown of
equip.
BAT
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–
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Cover buffer and sludge tanks and vent through abatement system
Enclose DAFs/sludge handling plant and vent through abatement system
Good preventative maintenance programme
Engage neighbours & respond to complaints
Keep complainants informed of any problems and what actions are being
taken to resolve issues
Odour (6)
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Odour complaints about rendering - vast majority of
IPRI complaints
NIEA – risk of investigation by Ombudsman (failure
to ensure adequate control measures are
implemented to prevent pollution)
Operator – risk of civil action by local residents (for
failure to prevent odour nuisance)
Example cases in England
Effluent Treatment Plants
The sector produces large effluent volumes with high
Ammonia, BOD and SS in effluent and some plants
discharge directly to a water course, however most
discharge to sewer.
The primary goals of the ETP are:
Removal of organic matter (BOD), removal of
Suspended Solids, Ammoniacal Nitrogen and Total
Phosphorus.
Effluent Treatment Plants
Objective: Protecting receiving water quality
Solids “suffocate” benthic organisms and may
increase turbidity and decrease light penetration
BOD/COD – oxygen depletion in water and harms
the environment i.e. Fish kills, Septicity, Odours
Ammonia Nitrogen – Toxicity, pH changes,
Eutrophication
Phosphate - Eutrophication, Drink Water Standards
Effluent Treatment Plants
Critical Monitoring required on site:
Influent:
Daily Composite sample tested for Ammonia,
COD/BOD, SS, Phosphorus, and Fat. Continuous
Flow & pH
Post solids removal, balancing tank & DAF
plant:
COD/BOD, SS, Ammonia and continuous pH.
Effluent Treatment Plants
Monitoring of Activated sludge plants :
Daily Nitrate(NO3)
Ammoniacal Nitrogen (NH3-N)
MLSS test
Food to Mass (F/M) ratio calculation
Cone settlement test (SVI)
Continuous monitoring of DO (Ideally linked to aerators
/ blowers)
Microscopic examination of sludge.
Additional useful information: Ammonia (NH4) Nitrite
(NO2), Alkalinity, Phosphorous
ETP Operation
Discharge Monitoring required:
 Daily composite COD/BOD, SS, and pH - Sewer
 Ammoniacal Nitogen, Total Phosphorus - Water
 Continuous monitoring of Flow, pH & Temp
 Continuous SS and Turbidity meters are useful,
but not mandatory.
Record Keeping is vital – Management sign off.
Routine Maintenance and Calibration
 Monitoring equipment and data loggers.
 PPM or Maintenance contract required.
Noise (1)
Specific issues/ possible solutions
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Many significant noise sources e.g. vehicles, fans,
pumps, compressors, condensers, boilers/TO,
generators, aerators, steam vents, etc.
Faulty plant – giving rise to whines, screeches, high
pitch/tonal noise: use adequate preventative
maintenance
Alarms going on for long periods of time – wire alarms
to staff mobiles/turn off automatically after a short
period of time
Fans/ancillary equipment – use timers, turn fans off at
night if not required
Silencers for steam vents/Acoustic Enclosures/Louvres
Noise (2)
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Unacceptable noise impact = Pollution
A noise management plan usually needed
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noise sources/drawing,
noise control measures,
noise monitoring (subjective/objective),
noise sensitive receptors/drawing, and
contingency plans for incidents, complaints, etc.
Ensure that noise control measures are
checked and maintained
Noise (3)
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Carry out appropriate level of noise monitoring
(subjective/objective)
Subjective at NSR - none, listen for, easily identified,
obvious*
Rating LAr< 55 dBA day or < 45 dBA & LAmax<60 dBA
outside bedroom window - WHO
Background LA90 – excludes noise generated by the
site – Section 7.3/4**
Complaints likely if rating >5-10 dB above
background - Section 9**
[* see H3 guidance and ** see BS4142]
Permit Review
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Updated/simpler/consistent permit conditions
New generic conditions added e.g. F-Gases/PFO
ELVs for discharges to surface water standardised
where possible – Weekly sampling and analysis
Annual reporting as standard
NIEA hope to issue “DRAFT” variation notices by June
2013 for operator comment/feedback
Likely spector odour control conditions/improvements:
Back up systems for TO trips
Raw material doors interlocked with raw material feed bins
Annual olfactometry monitoring, but no ELV for odour
Annual building intregrity testing
Review/update of Odour Management Plan
Rendering Sector
Compliance Issues and Learning
Thermal Oxidiser Trips
Thermal Oxidiser trips recorded on all NI
plants, but frequency varies.
Example reasons:
– Electrical faults;
– Water pressure / level faults;
– Burner faults
Unabated / less abated releases following trips
can cause significant off site odour.
T.O. Trips: Learning
Points
Analyse causes of trips and implement corrective
action.
Ensure preventative maintenance programmes
reflect the manufacturer’s recommendations and
your operating experience.
Process changes :
Impact on Effluent
Treatment Plants
Process change led to transfer of high BOD,
high ammonia effluent at increased volume
which ETP was incapable of treating.
Extended non compliance, high costs for
effluent transfer, enforcement action.
ETP overloading:
Learning Points
ETP capacity needs to be designed to match actual
or changed duty.
Management of Change – evaluate consequences
of process changes on ETP as part of decision
making / approval process.
Failure to assess these aspects can lead to
significant environmental and business risk.
Contingency plans for ETP failure.
Raw Material Management
Storage and handling of raw material:
– Vehicle management / external operations;
– Spillages during unloading;
– Internal housekeeping;
– Management of material in the event of a
breakdown.
Raw material: Learning
Points
Ensure employees are aware of permit
requirements and procedures for handling and
storage of material.
Procedures for assessing quality of material and
appropriate response: rejection or other sanctions
Prompt cleaning of internal and external spillages.
Diversion plans are in place in the event of a
breakdown or other unplanned event.
Common issues for food
and drink sector
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ETPs – design, monitoring, control,
training.
Management of process change
Control of contractors
Contamination of ‘clean’ yard areas
Drain blockage
NIEA
Waste Management
Licensing
What is Duty of Care?
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Duty of Care is a law (Controlled Waste (Duty of
Care) Regulations (NI) 2002) that says you must
take all reasonable steps to keep your waste safe.
If you give your waste to someone else you must
ensure they are authorised to handle it and can
transport, recycle or dispose of it safely.
Duty of Care applies to anyone who imports,
produces, carries, keeps, treats or disposes of
controlled waste including those who broker waste.
Failure to comply could result in prosecution.
The Waste Regulations (NI)
2011
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The Waste hierarchy
Stronger enforcement
Requirement for dealers and exempt persons to register as
waste carriers
Upper Tier Registered Carriers are most operators which carry
controlled waste
– £132 for 3yrs
– Renewal £67 (correct as of Feb 2013)

Lower Tier Carriers (no fee) are typically; a waste collection
authority (local council), Charity, voluntary organisation, or
those who carry, broker or deal in animal by products.
What’s the Department
doing?
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Revised Code of Practice published
Revised Waste Transfer Note – NB Waste Hierarchy
Duty of Care & Registration of Carriers Leaflet
published – Newsletters, Twitter, etc.
Further Consultation Paper – reclassification of
waste, SIC Code 2007, WTN with vehicle,
destination.
Anaerobic Digestion
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Sending rendered 02 01 02 and 02 02
02 Cat 2 ABP to an anaerobic digestion
plant
Developing your own Anaerobic
Digestion Facility
Anaerobic Digestion
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Regulation of Anaerobic Digestion
http://www.doeni.gov.uk/niea/regulation_of_ad_waste.pdf
Commissioning An Anaerobic Digestion Plant
http://www.doeni.gov.uk/niea/ad_commissioning.pdf
Operating An Anaerobic Digestion Plant
http://www.doeni.gov.uk/niea/ad_operational_procedures.pdf
Anaerobic Digestate
Anaerobic Digestate Quality Protocol
http://www.environmentagency.gov.uk/static/documents/B
usiness/AD_Quality_Protocol_GEH
O0610BSVD-E-E.pdf
Better Regulation
Better Business
Better Environment
Carol Majury
Better Regulation Team
12 March 2013
Policy Drivers
2005 Hampton Report - Inspection and Enforcement
2006 Macrory Review – Sanctions
2006 Davidson Review - Legislation
2008 Anderson Review - Guidance on Regulation
2011 Penfold Review - Non-planning consents
Northern Ireland Better Regulation Strategy (2001)
Northern Ireland Response
• Better Regulation for a Better Environment (2008)
• Agri-food Better Regulation and
Simplification Review (2009)
• Environmental Better Regulation White Paper (2011)
New Chief Executive
Terry A’Hearn
(Nov 2012)
New Strategic Objective
(9 May 2013)
“To create prosperity and well-being through
environment and heritage excellence.”
Environmental Better Regulation
White Paper
Integrated Permitting
Unified Inspection &
Investigatory Powers
Better
Regulation
Bill
during 2014
Environmental Offences
(administrative and criminal sanctions)
57
Environmental
Offences
Bill
Consultation Paper
on proposals for an
Environmental Better Regulation Bill
AIMS:
• reduce
21st Century Regulatory
the Innovation
administrative
and compliance
burden on legitimate businesses,
• reduce the regulatory costs borne by the
Department and
• enhance the protection of the environment.
Integrated Permitting
Tiers of Control
• General Binding Rules – small risk
• Registration – cumulative impacts
• Standard Permits – sector based
• Bespoke Permits – complex and high risk
Unified Inspection and
Investigatory Powers
Currently:
– over 200 pieces of environmental legislation
– about 50 with powers of inspection and
investigation.
Aim:
To consolidate and define investigatory powers
for officers carrying out inspections.
Risk Based Inspections
Enforcement
Currently:
Penalties applied through criminal justice system
with monetary fines and, in extreme cases,
custodial sentences.
Aim:
To see a more consistent, flexible and
proportionate environmental penalties and
sanctions regime.
Penalties and Sanctions
• Compliance notice
to secure that an offence does not continue or recur.
• Restoration notice
to restore harm caused by an offence.
• Stop notice
prohibiting a person from carrying out an activity which is, or is
likely, to present a significant risk of serious harm to human
health or the environment.
• Enforcement Undertaking
sets out how the alleged offence does not continue or recur;
what actions will be taken to ensure that restoration will be
secured; or
what equivalent benefit or improvement to the environment is
being offered.
Consultation
Environmental Better Regulation Bill
21st Century Regulatory Innovation
Propose to issue the
Consultation Document in
June 2013
Waste Quality Protocols
65
Anaerobic Digestate Protocol
Under revision
•Definition of animal by-products
•Acceptable animal by-products
•EWC code 02 02 04: Wastes from
preparation and processing of
meat ……including blood…….
‘Sludges from on-site effluent
treatment’.
66
New EU Life+ Projects
Ensuring Quality of waste derived
products to achieve resource efficiency
67
New EU Life+ Projects
Electronic Duty of Care Project
25 million waste transfer notes in UK each year and
50 million paper documents being stored at any time
68
NetRegs.org.uk