Implementation of IED
Implications for industry, particularly those involved in waste management,
and the influences it has on permitting
Dynes Solicitors - Consultancies Meeting
11th September 2014
Martin Jenkins
Permit Review Lead
National Permitting Service, part of National Services E&B
01925 542272
martin.jenkins@environment-agency.gov.uk
What are we going to cover
What is IED?
How is it implemented in England and Wales
What might this mean for those treating or storing waste
What should they do to remain compliant with the
Regulations
What does the future look like?
2
'Implementation of IED' @ Dynes Solicitors Consultancies Meeting, 9th September 2014
What is IED?
Industrial Emissions Directive (2010/75/EU)
Brings together and updates 7 older pieces of EU
legislation
integrated pollution prevention and control (IPPC), large combustion
plants, waste incineration, activities using organic solvents and three on
titanium dioxide production
More prescriptive about technical standards, about openness and about
reporting decisions
Joins other EU Directives as a central plank to consistent
control of environmental risk and related waste markets
across Europe that we see driving our regulatory controls
'Implementation of IED' @ Dynes Solicitors Consultancies Meeting, 9th September 2014
3
Implementation in England & Wales
Amendment to the Environmental Permitting (England
and Wales) Regulations 2010 {SI 2010 No. 675}
The Environmental Permitting (England and Wales) (Amendment)
Regulations 2013 – {SI 2013 No. 390}
Unofficial consolidated version of EPR available
Installation activities reference descriptions & capacities
in Schedule 1 to EPR; anyone treating, storing or
disposing of waste; discharges to water environment
Existing regulatory guidance notes, technical guidance
notes, application forms, charging mechanisms and
interpretation documents remain largely unchanged
'Implementation of IED' @ Dynes Solicitors Consultancies Meeting, 9th September 2014
4
Key Dates for Implementation
New Installations needed to be compliant on 7th January
2013
Existing Installations came under the scope of IED on 7th
January 2014
Some existing waste operations now defined as
Installations need to be compliant by 7th July 2015
If the waste facility wasn’t in operation on 7th January 2013 it needs to be
permitted as an installation before it starts processing waste
'Implementation of IED' @ Dynes Solicitors Consultancies Meeting, 9th September 2014
5
Which waste operations?
Activity
Description
5.3
recovery of hazardous waste in an installation with a capacity over 10 tonnes per day by
biological (R3) or physico-chemical treatment (R3, R5-R8), blending, mixing or repackaging, or
surface impoundment
5.4 a)
disposal of non-hazardous waste in an installation with a capacity over 50 tonnes per day by
biological (D8) or physico-chemical treatment(D9), pre-treatment for incineration or coincineration (D8 or D9), treatment of slags and ashes (D9) or treatment in shredders of metal
waste(D9). This daily capacity threshold is increased to 100 tonnes per day if the only waste
treatment activity is anaerobic digestion
5.4 b)
paragraph (b) of section 5.4 in relation to the recovery or a mix of recovery and disposal of nonhazardous waste in an installation with a capacity over 75 tonnes per day by biological
treatment (R3), pre-treatment for incineration or co-incineration(R3, R5), treatment of slags and
ashes (R4, R5) or treatment in shredders of metal waste (R4). This daily capacity threshold is
increased to 100 tonnes per day if the only waste treatment activity is anaerobic digestion
5.6
section 5.6 in relation to the temporary or underground storage of hazardous waste with a
capacity over 50 tonnes (R13, D15);
6.8
paragraph (d) in relation to the treatment and processing of animal and vegetable raw materials
for food and feed
'Implementation of IED' @ Dynes Solicitors Consultancies Meeting, 9th September 2014
6
What do some of these words mean?
Recovery vs. Disposal
Focus on the intent of the treatment process
Capacity
If the site has either the legal or physical capacity it needs re-permitting
For bio-waste treatment this is the maximum tonnage of waste on site at
any one time divided by the minimum retention time
Pre-treatment of waste for incineration
Unfortunately this remains unclear. We await the outcome of an on-going
discussions with DEFRA around the intentions of the Directive
We are not seeking applications for this activity until clarity is provided
Haz waste storage
‘pending any of the activities listed in Sections 5.1, 5.2, 5.3 and paragraph
(b) of this Section’
'Implementation of IED' @ Dynes Solicitors Consultancies Meeting, 9th September 2014
7
To remain compliant
Submit a duly made application by the relevant date for
your existing activity
30th September 2014 for Section 5.4 b) - recovery or a mix of recovery
and disposal of non-hazardous waste
31st December 2014 for Section 5.3 - recovery of hazardous waste &
Section 5.4 a) - disposal of non-hazardous waste
31st March 2015 for Section 5.6 - temporary or underground storage of
hazardous waste & Section 6.8 d) - treatment and processing of animal
and vegetable raw materials for food and feed
Age of your existing permit dictates costs & information
No technical assessment for permits issued since 2007 hence free admin
Normal variation for older permits
Use the Duly Made Checklist to guide what info is needed
'Implementation of IED' @ Dynes Solicitors Consultancies Meeting, 9th September 2014
8
Key points of the checklist
Use questionnaire to see if you are caught
All facilities need to:
Ask for a new activity to be added to their permit
define ‘the installation’, it’s capacity, what is related and dependant on that
element of the facility
The waste types accepted (by EWC code)
Plans showing emission points
Normal variations need to demonstrate they protect the
environment by using modern standards
Appropriate measures for waste activities ≈ BAT
Application fee
For normal variations is Waste Opra x £140
'Implementation of IED' @ Dynes Solicitors Consultancies Meeting, 9th September 2014
9
What does the future hold?
Much greater reliance on operators management systems
to define and control activities at the facility
Subsistence costs for installation facilities generally
higher than subsistence for waste facilities
Plans being developed for sector based reviews of
existing permits
'Implementation of IED' @ Dynes Solicitors Consultancies Meeting, 9th September 2014
10
Any Questions?
Martin Jenkins
IED & Permit Review Lead
National Permitting Service, part of National Services E&B
01925 542272
martin.jenkins@environment-agency.gov.uk
11