Industrial
Emissions
Directive
1
Industrial
Emissions
Directive
The European Parliament is discussing the Industrial
Emissions Directive as adopted by the Council for the
second reading.
This Industrial Emissions Directive (IED) aims to protect all sorts of
environments from industrial emissions, in a global framework of
permits.
In an optimized approach, with a view to sustainable environmental
protection, the IED should take into account
…the different local conditions (climate, topography…) and
different technical characteristics of the plants and processes…
2
Industrial
Emissions
Directive
EU history of industrial emissions regulation
Some milestones before the IED …
The London smog in 1952 resulted in
the Clean Air Act; the start of environmental legislation.
The EU started legislating 30 years ago :
•
•
•
•
•
1975: Waste Framework Directive
1978, 1982, 1992: Titanium Dioxide Directives
1988: Large Combustion Plant Directive
1999: Solvent Emissions Directive
2000: Waste Incineration Directive
That was a sectoral approach until…
3
Industrial
Emissions
Directive
… the launch of the Integrated Pollution Prevention
and Control Directive (IPPC) in 1996
The purpose was to regulate industrial
emissions
so as to ensure a high level of
protection of the environment as a
whole
 emissions to air, water,
land
 generation of wastes
 use of raw materials
 energy efficiency
 noise & vibrations
 prevention of accidents
4
Industrial
Emissions
Directive
What is the basis of the 1996 IPPC Directive?
There are four key strong principles:
1. An integrated and combined approach
2. The use of Best Available Techniques (BAT) ,
3. The use of specific solutions adapted to the different
environments and industrial plants
4. The requirement of public consultation during permit
process.
Deadline for implementation was October 2007…
5
Industrial
Emissions
Directive
What are the key elements of the IPPC directive?
1) BREFs - The ‘Seville Process’ produces the BREFs
(Best available technique REFerence documents) for
each industrial sector. The objective is to inform the
relevant decision-makers about the Best Available
Technique. They are produced by the “Seville Process”
involving stakeholders.
2) The BAT (Best Available Techniques) found in
the BREFs are the most effective techniques that are
technically and economically available to industry in order
to achieve a high general level protection of the
environment.
6
Industrial
Emissions
Directive
What are the key elements in the IPPC directive?
3) BATAELs (BAT Associated Emission Levels) are
indicative emission levels (found in the BREFs) and relate
to the efficiency of the techniques. They are to be used as a
reference for establishing specific-site Emission Limit
Values. They do not take account of process fluctuations or
specific circumstances.
4) ELVs (Emission Limit Values) are safeguards to
prevent/minimise environmental impact at the site location.
They are not set in the BREF documents. They are legally
binding.
7
Industrial
Emissions
Directive
What are the key elements in the IPPC Directive?
5) “ Techniques “ include both the technology used and
the way in which the installation is designed built, maintained,
quoted and decommissionned
6) “ Available “ techniques: those developed on a sacle
which allows implementation in the relevant industrial sector
under economically and technically viable conditions, taking
into consideration the costs and advantages, whether or not
the techniques are used or produced inside the State in
question, as long as they are accessible to the operator.
7) “ Best “ means most effective in achieving a high
general level of protection for the environment as a whole
8
Industrial
Emissions
Directive
What is the basis of the 1996 IPPC directive?
There is one underlying approach:
Both the industrial operator and the regulator must take an
integrated overall look at the installations and all their
environmental impacts,
using the European BREF (technical reference document)
as a guideline, when taking decisions on how
the
installations should be operated.
Problem: an uneven implementation across States…
9
Industrial
Emissions
Directive
A reshaping process has been launched …
1st reading vote
European
Parliament
2009
Council of
Ministers
June 25th
2009
Amendment
in
ENVI
End of March 2010
Vote in
ENVI
May 2010
2 nd reading
July 2010
ENVI (responsible)
ALDE: Mr Holger Krahmer (rapporteur)
EPP-DE: Mrs Elisabetta Gardini
PSE: Mrs Asa Westlund
GUE: Mrs Sabine Wils
Greens: Mrs Michèle Rivasi & Bas Eickhout
ECR: Martin Callanan
10
Industrial
Emissions
Directive
What were the initial ideas of the Commission?
A motive to simplify and strengthen drove the IED draft:
1) A more stringent approach with a view to
achieving greater consistency in level of
implementation.
2) Tighter Europe-wide Emission Limit
Values for large combustion plants and for
titanium dioxide industries
3) An initial quantitative soil assessment
with remediation to the original state when
the permit ceases.
In fact, some key elements
of this IED approach,
an over-simplification,
may lead to
« a one size fits all strategy »,
which does not always
facilitate an adapted
environmental protection
4) A combination of 6 existing directives ,
including the IPPC directive in a single text
to simplify environmental permitting.
11
Industrial
Emissions
Directive
What were the initial ideas of the Commission?
A motive of better efficiency in the IED draft:
* The IED directive aims to disseminate
best available technologies for the highest
level of emission reductions
** The directive facilitates requirements
beyond EU agreed standards ! (art 14.4)
*** The directive emphasizes on
quantification as trigger for remediation
as it is seen as a simple criterion (art 22.2)
**** Soil and ground water monitoring
always focus on regular surveillance and
periodic samplings (art 14.1)
In fact, the efficiency aim
should be backed up by a
more sustainable strategy
…which should keep on
board environmental,
social and economic
impacts.
12
Industrial
Emissions
Directive
What is the mechanism of the proposals?
emission
If you compare the
average emissions of a unit
with those of other units
of the same kind …
… you can define
Best Available Techniques
(BAT) for this process and
their related average
emission levels
(BATAELs)
number of units
13
Industrial
Emissions
Directive
What is the mechanism of the proposals?
emission
To achieve BATAEL
on the average, set
Emission Limit Values (ELVs)
for normal operation
accordingly
time
14
Industrial
Emissions
Directive
What is our position ?
The 1st reading Council common
position has improved the IED draft
The “One size fits all approach” is not an
absolute guarantee to achieve highest
environmental protection and consistent
implementation of an integrated approach.
That is why the provisions allowing
useful and justified local adaptation for
more
sustainable
environmental
protection must be better secured.
15
Industrial
Emissions
Directive
What is our position ?
A sustainable IED needs to be in line with concrete specific needs:
• Different emissions behave differently in different
locations:
=> competent authorities must be authorized to
grant justified flexibility. (support Art 15.4)
•Environmental protection needs a cost benefit
analysis on the reductions and side effects :
=>going beyond Best Available Techniques by
competent authorities must be fully justified
(amend art 14.4);
=> remediation measures must be based on
technical and economic feasibility (amend art
22.3)
16
Industrial
Emissions
Directive
What is our position ?
A pragmatic IED needs to be in line with concrete specific needs:
• The BATAEL must be based on representative
datasets from all over the EU (support Art 13)
•Combustion installations on chemical sites have
a specific character as they burn specific fuels:
New Emission Limit Values (ELV) should be
adapted to chemical plants burning off
gases and residues (support Art 30-9).
17
Industrial
Emissions
Directive
What is our position ?
A sustainable IED should build on the experience of stakeholders
• The opinion of the relevant stakeholders must
be taken into account when adopting decisions
on BAT:
=> the conclusions of the Seville process
must be safeguarded during the comitology.
(support Art 13.4)
=> Need for a stakeholder consultation
when setting Emissions Limit Values in case
of a missing BREF (amend Art 14.6)
18
Industrial
Emissions
Directive
What is our position ?
A sustainable IED needs to give certainty to investors
• Investment cycles executed and planned with
a view to compliance with the LCP Directive
must be recognised:
=> Transitional national plans must help
progressively planned compliance with ELVs
(support Art 32)
• New investors on existing sites cannot take
unforseeable legal and financial risks:
=> a risk-based approach must be
promoted to analyse the potential
contamination of soil (amend Art 22.2)
19
Industrial
Emissions
Directive
Sustainable environmental protection would be
ensured with:
In
short
- Permit conditions that would take account of site-specific
circumstances and considering technical & economic
feasibility
-European requirements that would be set only where
appropriate.
- BREFs and BATAELs that would be used as a basis for
setting ELVs if supported by the appropriate experience of
stakeholders
- proportionate and risk-based soil & ground water
protection measures
20
Industrial
Emissions
Directive
A justified level of flexibility can take on board
environmental and economic considerations……
allowing society and environment to prosper in a
sustainable way for the benefit of all
21