Industrial Emissions Directive
Regulatory Impact Analysis
Environment Policy and Awareness Section
Dept. of the Environment, Community and Local Government
2012
2
SUMMARY OF REGULATORY IMPACT ANALYSIS (RIA)
Department: Department of the Environment, Legislation: Directive 2010/75/EU of the
Community and Local Government
European Parliament and of the Council of 24
November 2010 on industrial emissions
(integrated pollution prevention and control)
(Recast)
Stage: Stakeholder consultation
Date: May 2012
Related publications: EU Industrial Emissions Directive (2010/75/EU), other related publications
are referred to within the text of the RIA
Available to view or download at: www.environ.ie
Contact for enquiries:
Telephone:
joan.murphy@environ.ie
053-9117342
What are the policy objectives being pursued?
To transpose the EU Industrial Emissions Directive (IED) (2010/75/EU) into Irish law and in so
doing meet the transposition deadline of 7 January 2013.
The following policy options are being considered:
1. No policy change.
2. Transpose the Directive by adopting none of the derogations / flexibilities contained in the IED.
3. Transpose the Directive by adopting some or all of the derogations /flexibilities contained in the
IED.
Preferred Option: The Department intends to await the responses to this RIA document before
finalising its decision on the adoption or otherwise of the derogations / flexibilities within Option 3,
and on whether to choose Option 2 or 3 to transpose the IED.
OPTIONS
1
2
Costs
No direct costs but would
result in risk of significant
penalties / fines.
Benefits
None
Costs will be incurred by:
- Strengthened compliance
with, and enforcement of,
environmental standards
relating to industrial
emissions.
Competent Authority (EPA)
Operators - costs will vary
RIA – Industrial Emissions Directive
Impacts
- Possible impact on national
Competitiveness (including
employment).
- No impact on the socially
excluded and vulnerable groups.
- Negative impact on the
environment in the longer term.
- No significant policy change in
an economic market including
consumer and competition
impacts.
- Negative impact on the rights of
citizens.
- No impact on compliance
burdens.
- Negative Impact on North-South
and East-West relations as UK
authorities are transposing the
IED.
- No negative impact on national
Competitiveness.
- No impact on the socially
excluded and vulnerable groups.
- Positive impact on the
3
from operator to operator
and sector to sector
depending on the IED’s
impacts on the specific
sector and even within
sectors.
The costs for operators in
certain sectors may be
higher than Option 3 initially
as the various derogations
in the IED would not be
availed of under Option 2.
3
Costs will be incurred by:
Competent Authority (EPA)
Operators - costs will vary
from operator to operator
and sector to sector
depending on the IED’s
impacts on the specific
sector and even within
sectors.
- Positive environmental,
economic and social
benefits from the
stimulation of innovation.
- A more unified application
of best available techniques
(BAT) under the IED will
have benefits for human
health as a result of
reduced exposure to
industrial emissions in
particular to air, water, soil.
- A higher uptake of BAT
would have positive
impacts on health and
safety at work since the
prevention of accidents is
one of the key issues taken
into account in the
determination of BATs.
- There may be some
economic benefits from
improved BAT
implementation, for
instance through waste
prevention, more effective
use of resources etc.
- A more unified application
of BAT across the EU will
help reduce distortion of
competition in the industry
sectors covered by the IED.
- Meeting our obligations
under EU Treaties.
As with Option 2.
environment.
- No significant policy change in
an economic market including
consumer and competition
impacts.
- No impact on the rights of
citizens.
- No significant impact on
compliance burdens for those
who comply.
- Positive impact on North-South
and East-West relations.
- No negative impact on national
Competitiveness.
- No impact on the socially
excluded and vulnerable groups.
- Positive impact on the
environment.
- No significant policy change in
an economic market including
consumer and competition
impacts.
- No impact on the rights of
citizens.
- No significant impact on
compliance burdens for those
who comply.
- Positive impact on North-South
and East-West relations.
- Initially an easier regulatory
burden on operators in the
sectors where the IED
derogations would apply.
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Regulatory Impact Analysis
Contents
Page
Executive Summary
5
1.
INTRODUCTION
7
2.
DESCRIPTION OF POLICY CONTEXT, OBJECTIVES AND
OPTIONS
2.1 Policy Context
2.2 Objectives
7
3.
IDENTIFICATION AND DESCRIPTION OF OPTIONS
10
4.
ANALYSIS OF COSTS, BENEFITS AND IMPACTS FOR ALL
OPTIONS
11
5.
CONSULTATION
14
6.
ENFORCEMENT AND COMPLIANCE
16
7.
REVIEW
17
7
9
APPENDICES
1
(1) Main features of the Industrial Emissions Directive
(2) Main amendments to the existing component Directives
(3) Details of domestic legislation transposing the existing
component Directives
19
2
Exceptions, Derogations / Flexibilities
25
3
Legal and Operational Issues: Articles 2 to 82, Annexes I to X
33
4
Summary table of key dates and actions under the
Industrial Emissions Directive
67
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Executive Summary
Regulatory Impact Analysis
Purpose
The purpose of this document is to outline the options for transposing the Industrial
Emissions Directive (hereinafter referred to as the IED), to discuss the legal and
operational issues in transposing specific articles of the IED, and to seek views on the
contents of this document.
Structure of the document
The first part of the document is a Regulatory Impact Analysis (RIA) of the options for
transposing the IED into Irish law. The main features of the IED and the main
amendments to the existing component directives are summarised in Appendix 1 and a
copy of the IED is available separately on the Department's website, www.environ.ie
and on the European Commission's website, http://ec.europa.eu Appendix 2 provides
details of the mandatory exceptions contained in the IED and also the derogations /
flexibilities available to Member States contained in the IED. Appendix 3 discusses the
legal and operational issues that arise in the context of transposing the various articles
of the IED. Appendix 4 is a summary table of key dates and actions under the IED.
What is the IED about?
The IED is aimed at strengthening the provisions already in force and reducing industrial
emissions throughout the EU. The IED recasts seven separate existing Directives
related to industrial emissions into a single Directive.
The seven existing Directives are the:
- 3 Titanium Dioxide Directives (78/176/EEC, 82/883/EEC and 92/112/EEC on waste
from the titanium dioxide industry);
- Integrated Pollution Prevention and Control (IPPC) Directive (96/61/EC);
- Volatile Organic Compounds (VOC) Solvents Directive (99/13/EC);
- Waste Incineration Directive (2000/76/EC); and
- Large Combustion Plants (LCP) Directive (2001/80/EC).
The European Commission has used the recasting technique to combine in a single text
both the substantive amendments to the component Directives and those of their original
provisions which remain unchanged. As a recast, the IED contains large amounts of text
either completely unchanged from the Directives being recast, or adapted from them
without substantial change. But the IED also contains some substantively changed
material.
The adoption of the Directive had led to the repeal of the seven existing Directives
(Article 81 and Annex IX of the IED refers).
Who will be the IED’s competent authority?
The Environmental Protection Agency (EPA) will be the designated competent authority
for the IED. The EPA is currently the competent authority for the Directives being recast
by the IED with the exception of the 3 Titanium Dioxide Directives (Ireland does not have
a titanium dioxide industry).
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Proposed Transposition of the IED
The IED is required to be transposed into law by Member States by 7 January 2013
(Article 80).
Certain provisions of the IED follow the following implementation dates:
- implementation from 7 January 2013 in respect of any installation new after that
date,
- implementation from 7 January 2014 in respect of installations already in
existence before 7 January 2013 (except large combustion plants),
- existing large combustion plants do not become subject to the requirements of
Chapter III of the IED until 1 January 2016 remaining until that date subject to the
relevant requirements of Directive 2001/80/EC, and
- implementation by 7 July 2015 in respect of industrial activities not subject to the
current IPPC Directive (2008/1/EC).
Consultation
Comments are invited on any aspect of this document. Please note that the consultation
does not invite views on the substance of the Industrial Emissions Directive which has
already been adopted at EU level but rather its transposition into national law. All
submissions and comments submitted to the Department for this purpose are subject to
release under the Freedom of Information Acts 1997 and 2003 and the European
Communities (Access to Information on the Environment) Regulations 2007 to 2011.
Comments should be submitted by email to ied@environ.ie or by post to Environment
Policy and Awareness Section, Department of the Environment, Community and Local
Government, Newtown Road, Wexford. Comments must be received by Friday 29 June
2012.
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Regulatory Impact Analysis
1.
1.1
INTRODUCTION
This is a Regulatory Impact Analysis (RIA) of the options available for the
transposition into Irish law of EU Directive 2010/75/EC on industrial emissions.
The IED amends and simplifies existing legislation which applies minimum
standards for the prevention and control of industrial emissions across the whole
Community.
1.2
This RIA will be subject to further amendment and refinement in light of this
consultation process and as part of the development of the transposition
instrument(s).
2.
DESCRIPTION OF POLICY CONTEXT, OBJECTIVES AND OPTIONS
2.1.1
Policy Context
Emissions from industrial installations have been subject to EU-wide legislation
for some time. This legislation includes:
-
Directive 96/61/EC (codified as Directive 2008/1/EC) concerning
integrated pollution prevention and control (IPPC) which sets out the main
principles for the permitting and control of installations based on an
integrated approach and the application of best available techniques
(BAT) which are the most effective techniques to achieve a high level of
environmental protection, taking into account the costs and benefits; and
-
sectoral Directives which regulate the emissions (generally to air and
water) of installations from certain industrial sectors; these Directives
define specific requirements (generally emission limit values and
monitoring provisions) for certain pollutants for the installations
concerned; the Directives are those relating to large combustion plants
(2001/80/EC), waste incineration (2000/76/EC), activities using organic
solvents (99/13/EC) and waste from the titanium dioxide industry
(78/176/EEC, 82/883/EEC, 92/112/EEC).
2.1.2
In 2005, the European Commission launched a review of the EU industrial
emissions legislation with a view to ensuring its environmental and costeffectiveness. The review involved an extensive programme of ten studies and
continuous and structured consultation with stakeholders.
2.1.3
Based on a detailed analysis of the then situation and the outcome of the review
process, the Commission identified four specific problems:
-
insufficient implementation of Best Available Techniques (BATs) leading
to limited progress in the prevention and reduction of industrial emissions
and to distortion of competition due to large differences in environmental
standards;
-
limitations with regard to compliance, enforcement and environmental
improvements that hinder environmental effectiveness and the stimulation
of innovation;
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-
unnecessary administrative burdens due to the complexity and
inconsistency of parts of the current legal framework; and
-
insufficient scope and unclear provisions of the current IPPC Directive
that could hinder the achievement of the objectives set in the
Commission's Thematic Strategies (Air Pollution, Soil Protection, and
Prevention and Recycling of Waste).
2.1.4
The review culminated in the publication by the Commission on their website on
21 December 2007 of a proposal for a Directive on industrial emissions aimed at
strengthening the provisions already in force and reducing industrial emissions
throughout the EU together with an Explanatory Memorandum. In addition, the
Commission also published a number of accompanying documents, these are
their: Impact Assessment of the Proposed Directive; an Executive Summary of
this Impact Assessment; and policy document, Towards an improved policy on
industrial emissions. These documents are available on the Commission's
website (http://ec.europa.eu/environment/ippc/proposal.htm).
2.1.5
The Environment Council reached political agreement on the IED in June 2009
and its Common Position on the IED was formally adopted in February 2010.
Following further discussions, amendments and a conciliation process, the
European Parliament adopted a compromise package agreed with the Council at
its Plenary Session on 7 July 2010. The text of the Directive was formally
approved by the Council on 8 November 2010 and came into force on 6 January
2011. Member States are required to transpose the Directive by 7 January 2013.
2.1.6
The main features of the Industrial Emissions Directive are outlined in Appendix
1.
2.1.7
It is important to note that the IED is a recast of seven existing Directives, those
concerning integrated pollution prevention and control (2008/1/EC), large
combustion plants (2001/80/EC), waste incineration (2000/76/EC), solvent
emissions (1999/13/EC) and three concerning the titanium dioxide industry which
Ireland does not have. The IPPC Directive, the Large Combustion Plants
Directive, the Waste Incineration Directive and the VOC Solvents Directive
currently apply to approximately 800 industrial installations in Ireland ranging
from intensive piggeries to power plants and from waste incinerators to dry
cleaners.
2.1.8
The emissions information for Ireland’s IPPC licensed facilities is available from
the Irish national pollutant release and transfer register (PRTR) established by
the EPA at www.prtr.ie in fulfillment of Ireland’s obligations under the UNECE
Protocol on Pollutant Release and Transfer Registers. The Irish PRTR contains
information concerning the amount of pollutant releases to air, water and waste
water as well as off-site transfers of waste, from a list of 91 pollutants including
heavy metals, pesticides, greenhouse gases and dioxins. To date substantial
reductions in pollutant emissions have been achieved owing to the transposition
and implementation of the Directives recast by the IED.
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2.2.1
Objectives
The Department plans to transpose the IED into Irish law by its transposition
deadline of 7 January 2013.
In transposing the IED, the objective is to give effect in domestic law to the
provisions of the IED in order to prevent and control pollution and its impacts
arising from industrial activities so as to achieve a high level of protection of
human health and the environment; and to achieve this in the most cost-effective
and efficient way while ensuring the reduction of unnecessary administrative
burdens. To achieve this overall objective, the IED has a number of specific
objectives and these are outlined below.
2.2.2
The IED aspires to reduce and as far as possible eliminate pollution arising from
industrial activities. It seeks to achieve this by providing a general framework for
the control of the main pollution industries in order to prevent the shifting of
pollution from one environmental medium or industry to another. The overall
intention is to provide an integrated approach to the prevention and control of
emissions into the various environmental mediums such as, air, water and soil
while striking a commercial balance for businesses.
2.2.3
The IED aims to increase the effectiveness of the legislation by supporting
Member States in implementing BAT-based permitting. The IED aims to improve
and clarify the concept and use of BAT and increases transparency by requiring
that the use of flexibility must be justified and documented leading to a more
coherent and EU-wide application of BAT. It also strengthens existing minimum
requirements in certain sectors such as Large Combustion Plants so as to ensure
the achievement of objectives of the Commission's Thematic Strategy on Air
Pollution.
2.2.4
The IED aims to further increase the effectiveness of the legislation by
strengthening provisions on environmental improvement and enforcement, while
stimulating innovation.
The IED introduces minimum provisions on
environmental inspections of installations, the review and update of permits, and
reporting of compliance. It also provides incentives for the development and
promotion of environmentally-friendly technologies.
2.2.5
The IED aims to cut all identified unnecessary administrative burdens and
simplify current legislation. The IED tackles the shortcomings of current EU
legislation on industrial emissions by overhauling the seven existing pieces of
legislation on industrial emissions. This has improved the clarity and coherence
of the legislation and should reduce the administrative burden through combined
requirements on granting permits and streamlined reporting.
2.2.6
The IED aims to better contribute to the objectives of the Thematic Strategies by
amending, where cost-effective, the current scope and provisions of the IPPC
Directive. The IED clarifies the current scope of the IPPC Directive including
waste treatment activities. It also introduces more specific provisions on soil
monitoring and remediation.
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2.2.7
The proposed transposition scheme should be as clear as possible so that
operators are aware of their responsibilities under the IED. Clarity will also assist
in its implementation and enforcement by the competent authority. The
requirements of the IED and the legislative provisions of the existing Directives
unchanged by the IED should, where possible and desirable, be aligned and
harmonised to promote ease of understanding and operation for operators.
3
IDENTIFICATION AND DESCRIPTION OF OPTIONS
3.1
Option 1: Do Nothing/No Policy Change
This option would involve taking no action to transpose the IED. Failure to
transpose the IED would result in a breach of our EU obligations and,
undoubtedly, prosecution by the European Commission and imposition of
significant financial sanctions by the Court of Justice of the European Union
(CJEU). It would also be contrary to our policy of, and support for, protecting the
environment and could cause significant reputational damage to Ireland’s ‘green’
image.
This option is not considered to be realistic but is presented as a baseline to
quantify the costs and benefits that would accrue by adopting other options.
3.2
Option 2: Transposition by applying none of the derogations / flexibilities
contained in the IED
The IED provides Member States with the option of applying a number of
derogations / flexibilities. These provisions contained in the IED are discussed in
greater detail in Appendix 2.
Option 2 provides for transposition by adopting none of these discretionary
provisions.
In transposing the IED – and regardless of whether Option 2 or Option 3 below is
chosen – a number of the articles pose legal and operational issues. These
issues relate to transposing specific articles of the IED into Irish law and are
separate from issues relating to the derogations / flexibilities. These issues are
relevant to both Options 2 and 3 and are explored in greater detail in Appendix 3.
Option 2 would mean that operators could not avail of the various derogations /
flexibilities that the IED offers.
Adopting Option 2 would facilitate transposition.
3.3
Option 3: Transposition by applying some or all of the derogations /
flexibilities contained in the IED
Option 3 provides for transposition by applying some or all of the derogations /
flexibilities contained in the IED.
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As noted in Option 2 above, a number of articles pose legal and operational
issues. These issues are also relevant to Option 3 and are explored in greater
detail in Appendix 3.
Under Option 3, operators would avail of some or all of the the various
derogations / flexibilities that the IED offers in respect of:
 general binding rules (common provision)
 emission of greenhouse gases (common provision)
 permit conditions (ippc)
 emission limit values, equivalent parameters and technical measures
(ippc)
 emission limit values (combustion plants)
 desulphurisation rate (combustion plants
 transitional national plan (combustion plants)
 limited life derogation (combustion plants)
 small isolated system (combustion plants)
 district heating plants (combustion plants)
 malfunction or breakdown of the abatement equipment (combustion
plants)
 multi-fuel firing combustion plants (combustion plants)
 permit conditions (waste incineration)
 authorisation to change operating conditions (waste incineration)
 delivery and reception of waste (waste incineration)
 control of emissions (VOC Solvents)
Adopting Option 3 would facilitate transposition.
4
IDENTIFICATION OF COSTS, BENEFITS AND IMPACTS FOR ALL OPTIONS
4.1
Risks and Assumptions
4.2
Costs
Option 1
There are no direct costs associated with Option 1 but Ireland would face a
substantial risk of significant lump sum and daily fines imposed by the CJEU for
the non transposition of the IED.
Options 2 and 3
The costs identified below are relevant to both Options 2 and 3.
Competent Authority – EPA
Costs will be incurred by the EPA in fulfilling its duties under the IED. The costs
to be incurred will include costs associated with:
o
licensing a number of additional activities now included in Annex I of the
IED (more waste treatment activities, wood preservation activities,
independently operated wastewater treatment works serving only industrial
activities subject to the provisions of Chapter II of the IED, the clarification
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of the application of IPPC to installations producing foodstuffs from a
mixture of animal and vegetable materials);
setting up of mechanisms for the new provisions contained in the IED, i.e.
inspections;
developing and providing advice and guidance for those operators on
whom the IED will impact;
revising the current IPPC permitting system to take account of the changes
required under the IED which will involve reviewing existing licences;
training staff in all aspects of implementing the revised / new requirements
imposed by the IED;
other administrative work that may arise out of the implementation of the
IED.
o
o
o
o
o
Exchequer
The costs associated with implementing the IED would primarily be met by the
Exchequer through funding of the EPA. Some of the costs incurred by the EPA
would be recoverable through licence fees levied by the EPA on operators.
Operators / Industry
Operators will be faced with costs arising from the implementation of the IED as
is the case for those currently subjected to the requirements of the IPPC:
o the operators of the “new” activities not previously subject to IPPC
licensing and now being brought into the IED licensing system will face
costs associated with applying for and then maintaining an IED licence;
o there will be compliance costs for existing and newly licensed operators
in terms of complying with the new IED permits and any new / revised
obligations imposed by the IED. The level of these costs will vary
considerably between operators depending on the sector and the activity
and even within sectors;
o operators may incur capital expenditure in terms of upgrading the
installation in order to meet new permit requirements, if any;
o where an operator chooses not to comply with his/her obligations under
the IED and where the EPA initiates enforcement proceedings, the
operator could be liable for the cost of such proceedings and be liable to
pay any fines levied by a Court.
4.3
Benefits
4.3.1
Option 1
There are no benefits associated with Option 1.
4.3.2
Options 2 and 3
The following benefits are relevant to both Options 2 and 3:
o
o
o
strengthened compliance with, and enforcement of, environmental
standards relating to industrial emissions;
removing unnecessary administrative burdens;
positive environmental, economic and social benefits from the stimulation
of innovation;
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o
o
o
o
o
a more unified application of BAT under the IED will have benefits for
human health as a result of reduced exposure to industrial emissions in
particular to air, water, soil;
a higher uptake of BAT would have positive impacts on health and safety
at work since the prevention of accidents is one of the key issues taken
into account in the determination of BATs;
there may be some economic benefits from improved BAT
implementation, for instance through waste prevention, more effective use
of resources, reduced emissions etc.;
a more unified application of BAT across the EU will help reduce
distortion of competition in the industry sectors covered by the IED; and
meeting our obligations under EU Treaties.
4.3.3
Option 2 only
In general, the non-adoption of the derogations / flexibilities discussed in
Appendix 3 would provide for ease of implementation of the IED by the EPA –
implementation of the IED would be simpler and cost effective.
4.3.4
Option 3 only
Decisions on whether or not to adopt some or all of the derogations / flexibilities
discussed in Appendix 3 will await the outcome of this public consultation. In
general, the adoption of the derogations outlined in Appendix 3 would afford the
operators of activities to which such derogations would apply additional time in
which to comply with new obligations under the IED thereby spreading the costs
of upgrading plant / equipment.
4.4
Other Impacts
4.4.1
Impacts on national competitiveness (including employment)
In adopting Options 2 or 3, there would be some additional costs arising for Irish
operators whose activities have not previously been subject to IPPC licensing.
However, such costs would be comparable to those for similar operators
throughout the EU who would also be required to comply with the IED. It should
be noted that the adoption or not of the various flexibilities contained in the IED is
a matter left to Member States.
A more unified application of BAT would help reduce distortion of competition
both within Ireland and throughout the EU in the industry sectors covered by the
IED.
4.4.2
Impacts on the socially excluded or vulnerable groups (including gender
equality, poverty, people with disabilities and rural communities)
There are no negative impacts on the socially excluded or vulnerable groups.
4.4.3
Impacts on the Environment
Option 1 would have a negative impact on the environment by not applying the
IED provisions to new activities and the advantages outlined below for options 2
and 3 would also be foregone.
In the longer term doing nothing to transpose the IED may also result in
increased running costs for Irish businesses and the deterioration of Ireland’s
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environment. Different approaches to controlling pollution from the different
industries could result in the shifting of pollution from one industry or medium to
another rather than protecting the environment as a whole. Furthermore, the
vague BAT provisions in the old regime and the large degree of flexibility for
competent authorities to deviate from the BAT combined with the unclear role of
the BAT reference documents have led to different applications of BAT across
Europe. In the long term this may result in a disproportionate burden for
businesses across Europe in the application of BAT and negative impacts on the
environment by stifling the development of innovation in technologies to reduce
the release of emissions.
Adopting Options 2 or 3 would strengthen the provisions already in force in
Ireland governing the activities that fall within the scope of the IED and therefore
should reduce emissions from the industries covered. The implementation of the
IED’s provisions in Ireland will improve environmental protection and have a
positive impact on the environment in the future.
4.4.4
Significant policy change in whether the proposals involve an economic
market, including an examination of the impacts on consumers and
competition
By adopting Options 2 or 3 there would be no significant policy change in an
economic market. Also, there would be no negative impacts on consumers and
competition.
By adopting Option 1, there will be competition and economic market impacts as
described in 4.4.3.
4.4.5
Impacts on the rights of citizens
Option 1 would have a negative impact on the rights of citizens in that nontransposition would result in a breach of Ireland’s EU obligations.
Adopting Options 2 or 3 would create an integrated framework for the purposes
of reducing or controlling emissions into the environment with the end result of
increasing the level of protection of the environment in which we live. This would
in turn strengthen the rights of every person of present and future generations to
live in an environment adequate for his or her health and well being in line with
Ireland’s national and international commitments.
4.4.6
Impacts on North-South, East-West Relations
Option 1 would have a negative impact on North-South, East-West Relations as
the Northern Ireland and UK authorities are in the process of transposing the
IED, through creating market distortions as set out in 4.4.3 and through potential
cross-border human health and environmental impacts of poorer environmental
standards being in place in Ireland.
4.4.7
Whether the proposal involves a significant compliance burden
Adopting Options 2 or 3 should not impact unduly on the majority of responsible
operators who fall within the current licensing systems under the existing
component directives, however, it would impact on any operators who do not
comply with licensing requirements. As such, the compliance burden for the
latter group of operators would be significant but not unjust or disproportionate.
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There will be a new compliance burden for activities not previously subject to
IPPC requirements.
4.5
Summary of Costs, Benefits and Impacts
The Department intends to await the responses to this consultation document
before finalising its decision on the adoption or otherwise of the derogations /
flexibilities within Option 3, and on whether to choose Option 2 or 3 to transpose
the IED.
5.
5.1
CONSULTATION
At the end of 2005 the Commission launched in its first IPPC report, a review
process of the IPPC Directive and related legislation on industrial emissions. The
review was based, inter alia, on the outcome of the consultation organised on the
basis of the 2003 Commission Communication. A number of studies have been
undertaken by the Commission to inform the process. For more information on
the work of the IPPC review Advisory Group and the main 10 studies carried out
during the review process, see the IPPC Review CIRCA website at
http://circa.europa.eu/Public/irc/env/ippc_rev/library.
A public hearing was organised in May 2007 and public consultation was carried
out between mid April and mid June 2007.
For summary results of the
consultation see http://circa.europa.eu/Public/irc/env/ippc_rev/library. As a result
of two years of the IPPC Review Process, the Proposal for a Directive on
industrial emissions was adopted in December 2007. The Commission’s
proposal, in revising and merging the seven existing Directives, contained a
number of significant amendments to the existing legislation. The background to
these amendments, including the reasons for them and the options considered
by the European Commission are explored in the Commission's Impact
Assessment of the proposed Directive. This document is available on the
Commission's website (http://ec.europa.eu/environment/ippc/proposal.htm).
5.2
The Department engaged in consultation with Government Departments,
agencies and key stakeholders in the context of the negotiations on the IED. The
first version of this RIA (a Screening RIA) was published by the Department on its
website in April 2008. Comments were invited from interested parties. At the
same time, the Department invited comments and circulated a copy of the
screening RIA to over 140 relevant stakeholders including Government
Departments/Offices, State Agencies, Regulatory Authorities including local
authorities, environmental NGOs, representative groups and associations and
private enterprises.
5.3
The Department received 6 responses in response to its Screening RIA. In
general, the responses welcomed the opportunity to comment on the proposed
Directive. The Health and Safety Authority (HSA) welcomed the proposal to
combine existing legislation into one proposal. All respondents identified issues
of concern, some common to more than one respondent. Bord na Móna (BnM)
expressed their concern for the future of 2 peat briquetting operations in the
event that smaller combustion plants (between 20 and 50 megawatt (th)) were to
be included in the Integrated Pollution Prevention and Control (IPPC) system as
was proposed under the new Directive. The Enterprise Development Agencies
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asked that elements of the proposed Directive should lead to specific discernible
environmental benefits without adversely affecting industry competitiveness.
5.4
The EPA commented that it will require additional resources to deal with licensing
a number of new activities proposed for licensing under the recast IPPC
Directive. While the Irish Business and Employers Confederation supported the
overall objective of the proposed Directive, they believed that it was premature to
recast the current IPPC Directive as it had yet to demonstrate its full potential in
terms of emissions reductions and it is essential to have more experience before
significant conclusions are drawn about its workability, consistency and
efficiency. The Wood Marketing Federation (WMF) confined its comments to the
inclusion of a new IPPC category on preservation of wood and wood products
with a production capacity exceeding 75 m3 per day compared to the current
threshold of 10 tonnes.
5.5
A summary of the responses to that consultation is available on the Department’s
website, www.environ.ie. This version of the RIA addresses the comments
submitted as part of that consultation process.
5.6
The outcome of this consultation process including the response to views
submitted will be recorded in the final version of the RIA.
5.7
The Environmental Compliance and Air Quality Section of the Department met
with the EPA and local authorities during 2011 and 2012 to review the
substantive provisions and implementation of the national regulations that
transposed the Solvents Directive 1999/13/EC. This was carried out through the
EPA’s Environmental Enforcement Network. The outcome of this review and
associated EPA recommendations will be addressed as part of the transposition
of Chapter V of the IED.
6.
ENFORCEMENT AND COMPLIANCE
6.1
The designated competent authority will be responsible for implementing,
ensuring compliance with and enforcing the IED. The EPA is intended to be
designated as the competent authority for the purposes of the IED.
6.2
In addition, local authorities are currently designated as competent authorities for
the purpose of enforcing the Solvents Directive 1999/13/EC. This concerns
activities listed under the Solvents Directive that don’t require an IPPC licence.
Relevant operators, mostly drycleaners, must be registered with their local
authority and hold a valid certificate of compliance. It is intended that local
authorities will continue to fulfil an enforcement role.
6.3
Under Article 8 of the IED, Member States are required to take the necessary
measures to ensure that the permit conditions are complied with. In the event of
a breach of the permit conditions that poses an immediate danger to human
health or threatens to cause an immediate significant adverse effect on the
environment, the operation of the installation, combustion plant, waste
incineration plant, waste co-incineration plant or relevant part thereof must be
suspended.
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6.4
The existing Irish transposing instrument(s) for the Directives recast by the IED
create offences and provide for related penalties. This will continue under the
IED.
Reporting targets
6.5
Under the IED, Member States are required to meet certain reporting targets.
The type, format and frequency of the information to be reported by Member
States will be set down by the Article 75 Committee established under the IED.
Ireland is represented by the EPA on this Committee.
6.6
Implementation reports will be required to address:
o
representative data on emissions and other forms of pollution,
o
emission limit values,
o
the application of best available techniques in accordance with Articles 14
and 15, in particular on the granting of exemption in accordance with
Article 15(4), and
o
progress made concerning the development and application of emerging
techniques in accordance with Article 27.
6.7
For combustion plants covered by Chapter III of the IED, Member States are
required, from 1 January 2016, to establish an annual inventory of the sulphur
dioxide, nitrogen oxides and dust emissions and energy input plant by plant.
Article 72(3) specifies the data to be included in these inventories and the
inventories shall be made available to the Commission upon request. In any
event, a summary of the inventories is required to be made available to the
Commission every 3 years within 12 months from the end of the 3-year period
considered.
6.8
From 1 January 2016, Member States are required to report data annually to the
Commission:
o
for combustion plants to which Article 31 applies, the sulphur content of
the indigenous solid fuel used and the rate of desulphurisation achieved,
averaged over each month, and
o
for combustion plants which do not operate more than 1,500 operating
hours per year as a rolling average over a period of 5 years, the number
of operating hours per year.
7.
REVIEW
7.1
In accordance with Article 73(1) of the IED, the Commission is required to submit
to the European Parliament and to the Council a report reviewing the
implementation of this Directive by 7 January 2016, and every 3 years thereafter.
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7.2
The Commission is required in Article 73(2), by 31 December 2012, to review the
need to control emissions from the combustion of fuels in installations with a total
rated thermal input below 50MW, the intensive rearing of cattle and the spreading
of manure.
7.3
The Commission is required in Article 73(3) to report, by 31 December 2011, on
the establishment in Annex I to the IED of:
o
differentiated capacity thresholds for the rearing of different poultry
species, including the specific case of quail, and
o
capacity thresholds for the simultaneous rearing of different types of
animals within the same installation.
At the time of writing (March 2012), the Commission has yet to report on this
issue.
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Appendix 1
This Appendix details the main features of the Industrial Emissions Directive. The
proposed transposition of the IED is discussed in greater detail in Appendices 2 and 3.
(1) MAIN FEATURES OF THE INDUSTRIAL EMISSIONS DIRECTIVE
Aim
The IED is aimed at strengthening the provisions already in force and reducing industrial
emissions throughout the EU.
Content
The IED revises and merges seven separate existing Directives related to industrial
emissions into a single Directive.
The seven existing Directives are the:
- 3 Titanium Dioxide Directives (78/176/EEC, 82/883/EEC and 92/112/EEC on waste
from the titanium dioxide industry);
- Integrated Pollution Prevention and Control (IPPC) Directive (96/61/EC codified as
2008/1/EC);
- Volatile Organic Compounds (VOC) Solvents Directive (99/13/EC);
- Waste Incineration Directive (2000/76/EC); and
- Large Combustion Plants (LCP) Directive (2001/80/EC).
The European Commission uses the recasting technique to combine in single text both
the substantive amendments proposed to the Directives and those of their original
provisions which remain unchanged.
The adoption of the IED has led to the repeal of the seven existing Directives (Article 81
and Annex IX of the proposed Directive refers).
Scope of IED
The IED applies to:
- activities covered by the IPPC Directive and other activities which are being included
in the IPPC code; these are listed in Annex I to the IED and further details of these
are provided below (Article 10);
- dry-cleaning and other activities covered by the VOC Solvents Directive; these
activities are those listed in Part I of Annex VII to the IED which reach the
consumption thresholds set out in Part 2 of that Annex (Article 56) with a solvent
consumption of less than 10 tonnes per year;
- combustion plants designed for production of energy, the rated thermal input of
which is equal to or greater than 50 MW irrespective of the type of fuel used (Article
28);
- waste incineration plants and waste co-incineration plants which incinerate or coincinerate solid or liquid waste (Article 42); and
- installations producing titanium dioxide (Article 66).
Structure of the IED
The IED is divided into 7 Chapters containing a total of 84 Articles and 10 Annexes. A
summary of the contents of these Chapters is outlined below.
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Chapters
Common Provisions
 Chapter I (Articles 1 to 9) contains common provisions dealing with subject matter,
scope, definitions, issues relating to the holding and granting of a permit and
compliance matters. This Chapter primarily recasts the IPPC Directive but includes
some amendments to the VOC Solvents, LCP and Waste Incineration Directives.
This Chapter applies to all industrial activities covered by the IED.
Integrated Pollution Prevention and Control (IPPC)
 Chapter II (Articles 10 to 27) deals with special provisions for activities listed in
Annex I of the IED. That Annex is effectively an amended version of Annex I of the
IPPC Directive. The various articles in this Chapter relate to obligations of the
operator, applications for permit, BAT and BAT reference documents, permit
conditions, emission limit values, equivalent parameters and technical measures,
monitoring requirements, general binding rules, environmental quality standards,
developments in best available techniques, changes by operators to installations,
reconsideration and updating of permit conditions by the competent authority, site
closure and remediation, inspections, access to information and public participation,
access to justice, transboundary issues and emerging techniques. Effectively, this
Chapter recasts the IPPC Directive and amendments to that Directive and as such
this Chapter only concerns IPPC activities as now listed in Annex I of the IED.
Large Combustion Plants (LCPs)
 Chapter III (Articles 28 to 41) deals with special provisions for combustion plants and
primarily recasts the LCP Directive. The various articles in this Chapter relate to
scope, aggregation rules, emission limit values, desulphurization rate, transitional
national plan, limited life derogation, small isolated systems, district heating plants,
geological storage of carbon dioxide, malfunction or breakdown of the abatement
equipment, monitoring,
compliance, multi-fuel firing combustion plants and
implementing rules.
Waste Incineration and Waste Co-Incineration (WID)
 Chapter IV (Articles 42 to 55) deals with special provisions for waste incineration and
waste co-incineration plants and primarily recasts the Waste Incineration Directive.
The various articles in this Chapter relate to scope, permit applications and
conditions, control and monitoring of emissions, compliance, operating conditions,
delivery and reception of waste, residues, substantial change and reporting and
public information.
Volatile Organic Compounds (VOCs)
 Chapter V (Articles 56 to 65) deals with special provisions for installations and
activities using organic solvents and primarily recasts the VOC Solvents Directive.
The various articles in this Chapter relate to scope, definitions, substitution of
hazardous substances, control and monitoring of emissions, compliance and
reporting, substantial change to existing installations, exchange of information on
substitution of organic solvents and access to information.
Titanium Dioxide
 Chapter VI (Articles 66 to 70) deals with special provisions for installations producing
titanium dioxide and primarily recasts the three Titanium Dioxide Directives. The
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various articles in this Chapter relate to scope, and control and monitoring of
emissions.
General provisions
 Chapter VII (Articles 71 to 83) deals with committee, transitional and final provisions.
The various articles in this Chapter relate to competent authority, reporting by
Member States, review, amendments of annexes, committee procedure, exercise of
the delegation, revocation of the delegation, objections to delegated acts, penalties,
transposition, repeal, transitional provisions and entry into force of the IED.

Annexes
Annexes I to IV are a recasting of Annexes I to IV of the IPPC Directive. These
Annexes concern categories of industrial activities referred to in Article 10 (Annex I),
list of polluting substances (Annex II), criteria for determining best available
techniques (BATs) (Annex III), and public participation in decision-making (Annex
IV).

Annex V outlines the technical provisions relating to combustion plants and recasts
Annexes I to VIII of the LCP Directive.

Annex VI outlines the technical provisions relating to waste incineration and coincineration plants and recasts Annexes I to VI of the Waste Incineration Directive.

Annex VII outlines the technical provisions relating to installations and activities using
organic solvents and recasts Annexes I to III of the VOC Solvents Directive.

Annex VIII outlines the technical provisions relating to installations producing titanium
dioxide and recasts various annexes and articles of the 3 Titanium Dioxide
Directives.

Annex IX outlines the repealed Directives with their successive amendments and the
time-limits for transposition of these Directives.

Annex X of the proposed Directive provides a Correlation Table showing the
relationship between the various articles and annexes in each of the seven existing
Directives with the IED.
(2) MAIN AMENDMENTS TO THE EXISTING COMPONENT DIRECTIVES
The IED, in revising and merging the seven existing Directives, contains a number of
significant amendments to the existing legislation. Some of these amendments are
outlined below.
Operators and Permits
The proposed Directive, in Article 4(2), provides that a permit may cover two or more
installations or parts of installations operated by the same operator on the same site.
Where a permit covers two or more installations, it will contain conditions to ensure that
each installation complies with the requirements of the Directive. Article 4(3) provides
that Member States may opt to provide that a permit cover several parts of an installation
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operated by different operators. In such cases the permit has to identify the specific
responsibilities of each operator.
BAT
Articles 13 to 16 of the IED require that BAT reference documents are the reference for
setting permit conditions and that emission limit values do not exceed the emission
levels associated with the best available techniques as described in those BAT
reference documents.
Competent authorities will be in a position to grant derogations, in specific cases, to set
less strict emission limit values associated with the best available techniques as
described in the BAT reference documents. However, such derogations may only apply
where an assessment shows that the achievement of emission levels associated with
the best available techniques as described in BAT conclusions would lead to
disproportionately higher costs compared to environmental benefits due to the geological
location or the local environmental conditions of the installation concerned or the
technical characteristics of the installation concerned. Such derogations and their
justification will be required to be made available to the public.
In addition, the IED, in Article 21, introduces a requirement for permit conditions to be
reconsidered, and where necessary, updated to ensure compliance with the Directive.
The reconsideration must take into account all the new or updated BAT conclusions
applicable to the installation and adopted since the permit was granted or last renewed.
Such a review and update to be undertaken within 4 years of publication of the BAT
reference document, relating to the main activity of an installation.
Compliance and Reporting Requirements
The IED introduces improved mechanisms for Member States to check and enforce
compliance with the legislation. The IED lays down more specific provisions to ensure an
effective implementation and enforcement of the Directive. Member States are required
under Article 8 to ensure that the operator and the competent authority take necessary
measures in a case of non-compliance with this Directive.
Member States are required in Article 72 to make available in electronic format
information relating to emissions and other forms of pollution, emission limit values and
the application of best available techniques, the granting of exemptions and details of
progress made concerning the development and application of emerging techniques.
It is envisaged that the reporting requirements of operators and Member States will tie in
with the European Pollutant Release and Transfer Register (E-PRTR) reporting
requirements and arrangements.
Emission Limit Values - Combustion Plants
In Article 30 and Annex V, the IED sets more stringent emission limit values, aligned with
best available techniques, for certain categories of combustion plants and pollutants.
The IED requires new large combustion plants to meet strict emissions limits for nitrogen
and sulphur oxides and particulates from 7 January 2013. New combustion plants
become subject to Chapter III from 7 January 2013. Existing large combustion plants do
not become subject to any of the requirements in Chapter III until 1 January 2016 (Article
30). Until that date, they remain subject to the relevant requirements in the LCP
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Directive. Up to June 2020, Member States may define transitional plans with declining
annual caps for nitrogen oxides, sulphur dioxide and dust particles (Article 32). Industrial
installations that are scheduled to close by the end of 2023 do not need to upgrade
(Article 33).
Inspections
In Article 23, the IED introduces a requirement for Member States to provide a system of
environmental inspections and that all installations are covered by an inspection plan
which must be regularly reviewed and, where appropriate, updated. Such a plan
provides for routine and non-routine inspections, as defined in Article 3(22).
Incentives relating to environmentally-friendly technologies
The IED requests Member States to actively promote emerging techniques. In Article
3(14), the IED defines and introduces the term, "emerging technique" as a novel
technique that could provide a higher general level of protection of the environment or
higher cost savings than existing best available techniques. In addition, the Directive, in
Article 15 provides the competent authority with the option to grant temporary
derogations from emission levels associated with the best available techniques as
described in the BAT reference documents to enable an operator to test and use
emerging techniques which might provide for higher level of environmental protection.
Soil Monitoring and Remediation
In Article 14, the IED introduces a new requirement to monitor periodically the soil and
groundwater on the site of the installations in order to ensure that appropriate
information is available to protect these media from contamination by hazardous
substances.
In relation to site closure and remediation, Article 22, requires that a baseline report, as
defined in Article 3(19) is established by operators to provide quantified information on
the initial state of soil and groundwater contamination. Upon definitive cessation of
activities, the operator is required to take the necessary measures to return the site to
that initial state. The Commission is to establish guidance on the content of the baseline
report.
Penalties
In Article 79, the IED requires Member States to determine penalties applicable to
breaches of the national provisions adopted pursuant to the IED. Similar provisions
were included in the VOC Solvents, Waste Incineration and the LCP Directives.
IPPC Activities
Annex I of the proposed Directive clarifies the scope of the IPPC activities covered under
the IED. In some cases, the IED provides a rewording of some activities, incorporates
new thresholds for other activities, and includes additional activities. Some of the
significant amendments are as follows:
- chemical industry now includes biological processing of substances (category 4);
- waste management activities are specifically itemised and now include oil refining or
other reuses of oil; incineration of non-hazardous waste with a capacity exceeding 3
tonnes per hour; disposal or recovery of non-hazardous waste with a capacity
exceeding 50 tonnes per day involving biological treatment or physico-chemical
treatment; the pre-treatment of waste for co-incineration; treatment of slags and
ashes; and the treatment of scrap metal (categories 5.1 to 5.6);
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-
-
production of wood based panels (category 6.1(c));
treatment and processing intended for the production of food products for humans or
animals from a mix of animal and vegetable raw materials with capacity to produce
75 tonnes per day (excludes activities where the raw material is milk only) (category
6.4(b)(iii));
preservation of wood and wood products (category 6.10); and
off-site treatment of waste water not covered by Directive 91/271/EEC and
discharged by an installation covered by Chapter II (category 6.11).
(3) DETAILS OF DOMESTIC LEGISLATION TRANSPOSING THE EXISTING
COMPONENT DIRECTIVES
Community Legislation
Details of Domestic Legislation
transposing these Directives
Council Directive 78/176/EEC of 20 February
1978 on waste from the titanium dioxide
industry
Council Directive 82/883/EEC of 3 December
1982 on procedures for the surveillance and
These Directives have not been
monitoring of environments concerned by waste
transposed into Irish law as Ireland
from the titanium dioxide industry
does not have a titanium dioxide
Council Directive 92/112/EEC of 15 December
industry
1992 on procedures for harmonizing the
programmes for the reduction and eventual
elimination of pollution caused by waste from
the titanium dioxide industry (the last three are
known collectively as "TiO2 Directives")
Council Directive 96/61/EC of 24 September Environmental Protection Agency
1996 concerning integrated pollution prevention Acts 1992 to 2011, the Environmental
and control ("IPPC Directive")
Protection Agency (Licensing)
Regulations 1994 to 2010, the Waste
Management Act 1996 and the
Waste Management (Licensing)
Regulations 1997 to 2004 primarily
transpose the IPPC Directive.
Council Directive 99/13/EC of 11 March 1999 on Environmental Protection Agency
the limitation of emissions of volatile organic Acts 1992 to 2011, Emissions of
compounds due to the use of organic solvents Volatile Organic Compounds from
in certain activities and installations ("VOC Organic Solvents Regulations 2002
Solvents Directive")
(S.I. No. 543 of 2002) as amended by
Limitation of Emissions of Volatile
Organic Compounds due to the use
of Organic Solvents in Certain Paints,
Varnishes and Vehicle Refinishing
Products Regulations 2007 (S.I. No.
199 of 2007) and as amended by the
Emissions of Volatile Organic
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Community Legislation
Directive 2000/76/EC of the European
Parliament and of the Council of 4 December
2000 on the incineration of waste ("Waste
Incineration Directive")
Directive 2001/80/EC of the European
Parliament and of the Council of 23 October
2001 on the limitation of emissions of certain
pollutants into the air from large combustion
plants ("LCP Directive")
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Details of Domestic Legislation
transposing these Directives
Compounds from Organic Solvents
(Amendment) Regulations 2010 (S.I.
No. 165 of 2010).
Environmental Protection Agency
Acts 1992 to 2011, the Environmental
Protection Agency (Licensing)
Regulations 1994 to 2010, and the
Waste Management (Licensing)
Regulations 1997 to 2004, Waste
Management Act 1996, European
Communities (Incineration of Waste)
Regulations 2003 (S.I. No. 275 of
2003)
Environmental Protection Agency
Acts 1992 to 2011, Air Pollution Act
1987, Large Combustion Plants
Regulations 2003 and 2010 (S.I. No.
644 of 2003 and S.I. No. 371 of
2010)
26
Appendix 2
Exceptions, Derogations / Flexibilities
Exceptions
A number of plants are excluded from the scope of the IED. The IED does not apply to
the following:
CHAPTER I – COMMON PROVISIONS
Research and development activities (Article 2(2))
 research activities, development activities or the testing of new products or
processes (Article 2(2);
CHAPTER III – SPECIAL PROVISIONS FOR COMBUSTION PLANTS
Combustion plants (Article 28)
 the following combustion plants (Article 28)
o plants in which the products of combustions are used for the direct
heating, drying or any other treatment of objects or materials;
o post-combustion plants designed to purify the waste gases by combustion
which are not operated as independent combustion plants;
o facilities for the regeneration of catalytic cracking catalysts;
o facilities for the conversion of hydrogen sulphide into sulphur;
o reactors used in the chemical industry;
o coke battery furnaces;
o cowpers;
o any technical apparatus used in the propulsion of a vehicle, ship or
aircraft;
o gas turbines and gas engines used on offshore platforms; and
o plants which use any solid or liquid waste as a fuel other than waste
referred to in point (b) of point 31 of Article 3 of the IED;
CHAPTER IV – SPECIAL PROVISIONS FOR WASTE INCINERATION PLANTS AND
WASTE CO-INCINERATION PLANTS
Waste incineration plants and waste co-incineration plants (Article 42(1), (2))
 gasification or pyrolysis plants, if the gases resulting from this thermal treatment
of waste are purified to such and extent that they are no longer a waste prior to
their incineration and they can cause emissions no higher than those resulting
from the burning of natural gas (Article 42(1);
 plants treating only the following wastes (Article 42(2)(a):
o waste listed in point (b) of point 31 of Article 3;
o radioactive waste;
o animal carcasses as regulated by Regulation (EC) No. 1774/2002 of the
European Parliament and of the Council of 3 October 2002 laying down
health rules concerning animal by-products not intended for human
consumption;
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o

waste resulting from the exploration for, and the exploitation of , oil and
gas resources from off-shore installations and incinerated on board the
installations; and
experimental plants used for research, development and testing in order to
improve the incineration process and which treat less than 50 tonnes of waste
per year (Article 42(2)(b)).
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Derogations / Flexibilities
The IED provides for a number of derogations and flexibilities that are subject to the
discretion of Member States. These derogations and flexibilities are explored below.
CHAPTER I – COMMON PROVISIONS
Obligation to hold a permit (Article 4(2), (3))
Article 4(2) provides that Member States may opt to provide that a permit covers two or
more installations or parts of installations operated by the same operator on the same
site, and in such case the permit must contain conditions to ensure that each installation
complies with the requirements of the IED.
Furthermore, Article 4(3) provides that Member States may opt to provide that a permit
covers several parts of an installation operated by different operators and in such cases
the permit must specify the responsibilities of each operator.
General binding rules (Article 6)
In addition to the possibility of carrying out a site specific determination of permit
conditions, Article 6 provides for Member States to include requirements for certain
categories of installations: combustion plants, waste incineration plants or waste coincineration plants in General Binding Rules (GBR). The IED defines GBRs in Article
3(8) as meaning ‘emission limit values or other conditions, at least at sector level, that
are adopted with the intention of being used directly to set permit conditions’.
GBRs are considered to be limit values or other conditions (defined in particular in
environmental laws, regulations and ordinances) at sector level or wider, that are given
with the intention to be used directly to set permit conditions. They provide direct
conditions or minimum standards. GBRs are binding either to the authority or to the
operator. However, under certain conditions, some general rules may not be mandatory
and deviation will be allowed, although the normal expectation would be that the rules be
used directly.
The principle established under Article 6 was already reflected by Article 9(8) of Directive
2008/1/EC for installations falling under the scope of that Directive.
Emission of greenhouse gases (Article 9(2))
Article 9(2) provides Member States with the option not to impose requirements relating
to energy efficiency in respect of combustion units or other units emitting carbon dioxide
on the sites which are listed in Annex I of Directive 2003/87/EC establishing a scheme
for greenhouse gas emissions allowance trading within the Community. Annex I of
Directive 2003/87/EC applies to specified installations or parts of installations used for
research, development and testing of new products and processes.
This paragraph is identical to the fourth subparagraph of Article 9(3) of Directive
2008/1/EC.
Permit conditions (Article 14(4))
Article 14(4) provides that a competent authority may set stricter permit conditions than
those achievable by the use of the best available techniques as described in the BAT
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conclusions. Member States may establish rules under which the competent authority
may set such stricter conditions.
Emission limit values, equivalent parameters and technical measures (Article
15(4), (5))
Article 15(4) provides that the competent authority may grant derogations, in specific
cases, to set less strict emission limit values associated with the best available
techniques as described in the BAT reference documents. These different emission
limit values must not exceed those set out in the Annexes to the Directive where the
values in the Annexes are applicable. Furthermore, the competent authority is required
to ensure that no significant pollution is caused and that a high level of protection of the
environment as a whole is achieved.
Such derogations may only apply where an assessment shows that the achievement of
emission levels associated with the best available techniques as described in BAT
conclusions would lead to disproportionately higher costs compared to environmental
benefits due to:
o
o
the geographical location or the local environmental conditions of the installation
concerned; or
the technical characteristics of the installation concerned.
Article 15(4) is partly based on Article 9(4) of Directive 2008/1/EC, but has been
significantly changed.
Article 15(5) provides that the competent authority may grant temporary derogations for
the testing and use of emerging techniques for a total period of time not exceeding 9
months, provided that after the period specified, either the technique is stopped or the
activity achieves at least the emission levels associated with the best available
techniques. While this is technically optional for Member States, it will still need to be
transposed in order to give the competent authority the power to grant temporary
derogations to meet the obligation under the IED to encourage the development and
application of emerging techniques (Article 27).
CHAPTER III – SPECIAL PROVISIONS FOR COMBUSTION PLANTS
Emission limit values (Article 30(5), (6))
Article 30(5) provides that the competent authority may grant a derogation for a
maximum of 6 months from the obligation to comply with the emission limit values
provided for sulphur dioxide in respect of a combustion plant which to this end normally
uses low-sulphur fuel, in cases where the operator is unable to comply with those limit
values because of an interruption in the supply of low-sulphur fuel resulting from a
serious shortage.
Article 30(6) provides that the competent authority may grant a derogation from the
obligation to comply with the emission limit values provided for in Article 30(2) and (3)
and in cases where a combustion plant using only gaseous fuel has to resort
exceptionally to the use of other fuels because of a sudden interruption in the supply of
gas and for this reason would need to be equipped with a waste gas purification facility.
The period for which such a derogation is granted shall not exceed 10 days except
where there is an overriding need to maintain energy supplies.
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Desulphurisation rate (Article 31(2))
The IED provides that for combustion plants firing indigenous solid fuel, which cannot
comply with the emission limit values for sulphur dioxide set down in the Directive due to
the characteristics of this fuel, Member States may instead apply minimum
desulphurisation rates as set out in Annex V (Article 31(2)).
The Commission intends, by 31 December 2019, to review the possibility of applying the
minimum rates of desulphurisation set out in Annex V, taking into account, in particular,
the best available techniques and benefits obtained from reduced sulphur dioxide
emissions.
Transitional National Plan (TNP) (Article 32))
The IED repeals the current LCP Directive and provides that revised emission limit
values will apply to new large combustion plants from the date of two years after entry
into force of the directive. However, Article 32 of the IED provides that Member States
may draw up and implement a transitional national plan (TNP) for existing plants (i.e.
granted the first permit before 27 November 2002 or submitted an application for a
permit before that date provided the plant was put into operation no later than 27
November 2003), to allow some flexibility in the period 1 January 2016 to 30 June 2020.
The following plants are excluded from the TNP:
- those using the limited life time derogation (Article 33 (1));
- large combustion plants in refineries firing residue fuels;
- district heating plants to which Article 35 of the IED applies; and
- large combustion plants that were subject to previous derogation under Article 4(4) of
the Large Combustion Plant Directive (2001/80/EC).
The TNP proposed under the IED is similar to the National Emissions Reduction Plan
(NERP) defined in the current LCP Directive and currently operational in Ireland. Ireland
was supportive of the NERP on the basis that it delivered emissions reductions greater
than the minimum requirements of the Directive to be achieved using the emission limit
value approach at less cost to the operator, and without compromising local air quality.
The ESB which operated 6 industrial plants in the original NERP is of the view that a
TNP should be provided post 2016. Overall there were 6 industrial plants in the original
NERP as follows: ESB: Moneypoint, Co. Clare, Poolbeg, Dublin, Tarbert, Co. Kerry,
Great Island, Co. Wexford, Aghada, Cork and Aughinish Alumina, Askeaton, Co.
Limerick.
In its response to the Regulatory Impact Assessment consultation process, before
provision for a post 2016 NERP had been made, the ESB expressed concern about the
impact of the proposal on generation capacity all over Europe (resulting from the early
closure of existing plants which are essential for peak load demand), on security of
supply (increased gas demand) and, ultimately on prices. The flexibility afforded by the
TNP would satisfy the concerns expressed by the ESB.
Member States are required to communicate their TNPs to the Commission by 1
January 2013. The Commission shall evaluate the plan as to whether it is in accordance
with the implementing rules (established under Article 41(b)) and if it is does not object
within 12 months it is considered as accepted. The Commission may reject the plan if
the implementing rules are not complied with.
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Limited life time derogation (Article 33)
Flexibility is provided in Article 33 which provides an ‘opt out’ clause for plants close to
the end of their life. It is proposed that plants undertaking to close by 2023 can operate
for a maximum of 17,500 hours between 1 January 2016 and ending no later than 31
December 2023 without complying with revised emission limit values.
Small isolated system (Article 34)
Article 34 provides that until 31 December 2019, combustion plants being, on 6 January
2011, part of an small isolated system may be exempted from compliance with revised
emission limit values set down in Article 30(2) and the rates of desulphurisation referred
to in Article 31, where applicable. A ‘small isolated system’ is defined under Article 2(2)
of Directive 2003/54/EC as a system with a consumption of less than 3000 GWh in the
year 1996, where less than 5% of annual consumption is obtained through
interconnection with other systems.
District heating plants (Article 35)
Article 35 provides that until 31 December 2022, a combustion plant may be exempted
from compliance with the emission limit values referred to in Article 30(2) and the rates
of desulphurisation referred to in Article 31 subject to meeting a number of conditions.
Where a Member State applies this derogation, it must submit a list to the Commission
by 1 January 2016 of any combustion plants to which this derogation has been applied.
Malfunction or breakdown of the abatement equipment (Article 37(2))
In the event of a breakdown or malfunction of equipment, Article 37(2) sets out the time
limits in which an operator will reduce or close down operations if a return to normal
operation is not achieved within 24 hours, or to operate the plant using low polluting
fuels. The cumulative duration of unabated operation shall not exceed 120 hours in any
12-month period. The competent authority may grant a derogation from these time-limits
if:
(a) there is an overriding need to maintain energy supplies;
(b) the combustion plant with the breakdown would be replaced for a limited period
by another plant which would cause an overall increase in emissions.
Multi-fuel firing combustion plants (Article 40(2), (3))
Article 40(2) and (3) sets out emission limit values that may be applied instead of the
emissions limit values set down in Article 40(1) in the case of multi-fuel firing combustion
plants covered by Article 30(2), which use the distillation and conversion residues from
the refining of crude-oil for own consumption, alone or with other fuels.
CHAPTER IV – SPECIAL PROVISIONS FOR WASTE INCINERATION PLANTS AND
WASTE CO-INCINERATION PLANTS
Permit conditions (Article 45(3))
Article 45(3) provides that Member States may list the categories of waste to be included
in the permit which can be co-incinerated in certain categories of waste co-incineration
plants.
Authorisation to change operating conditions (Article 51(1), (2), (3) & (4))
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Competent authorities are permitted under Article 51(1), (2) and (3) to set different
operating conditions to those laid down in Article 50(1) in relation to temperature subject
to meeting a number of conditions regarding emission limit values and residues.
Member States may lay down rules governing these authorisations. Member States are
required under Article 51(4) to inform the Commission of all operating conditions set
under Article 50(1), (2) and (3).
Delivery and reception of waste (Article 52(5))
Under Article 52(1) the operator is required to determine the mass of each type of waste
prior to accepting the waste at the waste incineration plant or waste co-incineration plant.
Under Article 52(2) the operator must collect available information about the waste for
the purpose of verifying compliance with the permit requirements specified in Article
45(2) prior to accepting hazardous waste at the waste incineration plant or waste coincineration plant and under Article 52(4) the operator is required to check documents
and take representatives samples.
Article 52(5) provides that the competent authority may grant exemptions from
paragraphs 52(2), (3) and (4) to waste incineration plants or waste co-incineration plants
which are a part of an installation covered by the provisions of Chapter II (IPPC) and
only incinerate waste or co-incinerate waste generated within that installation.
CHAPTER V – SPECIAL PROVISIONS FOR INSTALLATIONS
AND ACTIVITIES USING ORGANIC SOLVENTS
Control of Emissions (Article 59(2), (3), (4))
Article 59(1)(a) provides that Member States should take measures to insure that each
installation either meets the emissions limit values and other requirements laid down in
Parts 2 and 3 of Annex VII or 59(1)(b) the requirements of the reduction scheme set out
in Part 5 of Annex VII provided that an equivalent emission reduction is achieved
compared to that achieved through the application of the emission limit values referred to
in Article 59(1)(a).
Article 59(2) provides that the competent authority may, by way of derogation from
Article 59(1)(a), where the operator demonstrates to the competent authority that for an
individual installation the emission limit value for fugitive emissions is not technically and
economically feasible, allow emissions to exceed that emission limit value provided that
significant risks to human health or the environment are not to be expected and that the
operator demonstrates to the competent authority that the best available techniques are
being used.
Article 59(3) provides that the competent authority may for coating activities covered by
item 8 of the table in Part 2 of Annex VII which cannot be carried out under contained
conditions, by way of derogation from Article 59(1), allow the emissions of the installation
not to comply with the requirements set out in that paragraph if the operator
demonstrates to the competent authority that such compliance is not technically and
economically feasible and that the best available techniques are being used.
Member States are required under Article 59(4) to report to the Commission on the
derogations (if applied).
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Appendix 3
Legal and Operational Issues
These issues relate to the transposition and implementation of the Industrial Emissions
Directive and do not include issues relating to any of the IED’s exceptions or derogations
as these are discussed in Appendix 2.
CHAPTER 1 – COMMON PROVISIONS (Articles 1 to 9)
Article 2 - Scope
Article 2(1) provides that the IED shall apply to the industrial activities referred to in
Chapters II to VI of the Directive and does not apply to research activities, development
activities or the testing of new products and processes.
Article 3 – Definitions
The definitions contained in Article 3 can be divided into 3 categories – (1) definitions
unchanged from the existing component Directives, (2) definitions adapted from the
existing component Directives with modification, and (3) definitions substantively
changed or new.
(1) Definitions unchanged from the existing component Directives
Article 3(1) – substance
Article 3(2) – pollution
Article 3(4) – emission
Article 3(5) – emission limit value
Article 3(6) – environmental quality standard
Article 3(16) – the public
Article 3(17) – the public concerned
Article 3(20) – groundwater
Article 3(23) – poultry
Article 3(24) – fuel
Article 3(25) – combustion plant
Article 3(31) – biomass
Article 3(33) – gas turbine
Article 3(35) – diesel engine
Article 3(36) – small isolated system
Article 3(37) – waste
Article 3(38) – hazardous waste
Article 3(39) – mixed municipal waste
Article 3(41) – waste co-incineration plant
Article 3(42) – nominal capacity
Article 3(44) – organic compound
Article 3(45) – volatile organic compound
Article 3(46) – organic solvent
(2) Definitions adapted from the existing component Directives with modification
Article 3(3) – installation
The IED defines ‘installation’ as a stationary technical unit within which one or more
activities listed in Annex I or in Part I of Annex VII are carried out, and any other directly
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associated activities on the same site which have a technical connection with the
activities listed in those Annexes and which could have an effect on emission and
pollution.
This definition is in its substance identical to the definition in the IPPC Directive
(2008/1/EC) apart from some editorial changes.
Article 3(7) – permit
‘Permit’ is defined as a written authorisation to operate all or part of an installation or
combustion plant, waste incineration plant or waste co-incineration plant. This definition
was drafted for the IED on the basis of the first sentence of Art 2(9) of Directive
2008/1/EC but with some modification in text.
The term ‘permit’ was not used in the Irish transposing legislation for Directive
2008/1/EC, rather the term ‘licence’ is used though not actually defined in the
transposing legislation.
Article 3(9) – substantial change
‘Substantial change’ means a change in the nature or functioning, or an extension, of an
installation or combustion plant, waste incineration plant or waste co-incineration plant
which may have significant negative effects on human health or the environment.
This definition is, in its substance, identical to the first part of Article 2(11) of Directive
2008/1/EC. However, there are certain editorial changes and changes of terminology
regarding installations
The term ‘substantial change’ is not defined in the Irish
transposing legislation for Directive 2008/1/EC.
Article 3(10) – best available techniques
Best available techniques (BAT) means the most effective and advanced stage in the
development of activities and their methods of operation which indicates the practical
suitability of particular techniques for providing in principle the basis for emission limit
values and other permit conditions designed to prevent and, where that is not
practicable, to reduce emissions and the impact on the environment as a whole.
This paragraph is, in its substance, identical to Article 2(12) of Directive 2008/1/EC.
However, reference to ‘other permit conditions’ has to be reflected in the transposing
national legislation.
Article 3(15) – operator
‘Operator’ is defined in the IED to mean any natural or legal person who operates or
controls in whole or in part the installation or combustion plant, waste incineration plant
or waste co-incineration plant, or where this is provided for in national law, to whom
decisive economic power over the technical functioning of the installation or plant has
been delegated.
This definition of operator is similar to the definition of ‘operator’ in the IPPC Directive
(2008/1/EC). However, in transposing the IPPC Directive into Irish law, ‘operator’ was
not separately defined in the transposing instrument. The transposing legislation for the
IPPC Directive includes definitions of ‘occupier’ and ‘person in charge’ and references to
‘person’ are also used. The transposing legislation for the IED may need to be
streamlined to align the references contained in IPPC legislation.
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Article 3(30) – determinative fuel
Means the fuel which, amongst all fuels used in a multi fuel firing combustion plant using
the distillation and conversion residues from the refining of crude oil for own
consumption, alone or with other fuels, has the highest emission limit value as set out in
Part 1 of Annex V, or, in the case of several fuels having the same emission limit value,
the fuel having the highest thermal input amongst those fuels.
This definition is, in substance similar to Article 8(2) of Directive 2001/80/EC, however, it
is important for the correct implementation of Article 40 of the IED. The Irish legislation
transposing Directive 2001/80/EC refers to the term ‘determinative fuel’ but does not
include a definition.
Article 3(47) – coating
Means coating as defined in point 8 of Article 2 of Directive 2004/42/EC of the European
Parliament and of the Council of 21 April 2004 on the limitation of emissions of volatile
organic compounds due to the use of organic solvents in certain paints and varnishes
and vehicle refinishing products.
This definition does not appear in national legislation.
(3) Definitions substantively changed or new
Article 3(8) – general binding rules
The IED defines ‘general binding rules’ as meaning emission limit values or other
conditions, at least at sector level, that are adopted with the intention of being used
directly to set permit conditions.
Article 3(11) – BAT reference document
A best available techniques (BAT) reference document (BREF) is defined as a
document drawn up for defined activities describing, in particular, applied techniques,
present emission and consumption levels, techniques considered for the determination
of BAT as well as BAT conclusions and any emerging techniques, giving special
consideration to the criteria listed in Annex III of the IED.
This is a new definition making clear the content and the adoption of the already existing
BAT reference documents. It is very important for the correct implementation of the IED,
therefore it needs to be transposed into national legislation.
Article 3(12) – BAT conclusions
'BAT conclusions' are defined as the parts of a BREF laying down the conclusions on
BAT, their description, information to assess their applicability, the emission levels
associated with the BAT, associated monitoring, associated consumption levels and,
where appropriate, relevant site remediation measures. The BAT conclusions are to be
adopted through the procedure set out in Article 75(2) of the IED (implementing acts).
They shall be the reference for setting permit conditions for the installations covered by
the IED (Article 14(3)).
This new definition regarding the BAT conclusions is crucial for the correct
implementation of Articles 14 and 15 and therefore it needs to be transposed into
national legislation.
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Article 3(13) – emission levels associated with the best available techniques
‘Emission levels associated with the best available techniques’ (BAT AELs) are
defined as ‘the range of emission levels obtained under normal operating conditions
using a best available technique or a combination of best available techniques,
expressed as an average over a given period of time, under specified conditions’.
This new definition regarding the BAT AELs is crucial for the correct implementation of
Article 15 and therefore it needs to be transposed into national legislation.
Article 3(14) – emerging technique
The IED defines and introduces the term, ‘emerging technique’ as a novel technique that
could provide a higher general level of protection of the environment or higher cost
savings than existing best available techniques.
This new definition is important for the correct implementation of Article 27 and therefore
it needs to be transposed into national legislation.
Article 3(18) – hazardous substances
Hazardous substances means substances or mixtures as defined in Article 3 of
Regulation (EC) No. 1272/2008 of the European Parliament and of the Council of 16
December 2008 on classification, labeling and packaging of substances and mixtures.
This new definition is important for the correct implementation of Articles 14, 22, 58 as
well as Annex III and therefore it needs to be transposed into national legislation.
Article 3(19) – baseline report
Baseline report means ‘information on the state of soil and groundwater contamination
by relevant hazardous substances’. The IED introduces the concept of a ‘baseline
report’ which must be prepared before a new plant commences operations or before the
permit of an existing plant is updated. At plant closure stage, the operator must compare
the state of the site in terms of contamination by hazardous substances with that
indicated in the initial baseline report and return the site to that initial state indicated in
the baseline report. The Commission is required under Article 22(2) to establish
guidance on the content of the baseline report.
This new definition is crucial for the correct implementation of Articles 12 and 22 and
therefore it needs to be transposed into national legislation.
Article 3(21) – soil
Soil is defined in the IED as meaning ‘the top layer of the Earth’s crust situated between
the bedrock and the surface. The soil is composed of mineral particles, organic matter,
water, air and living organisms’. The IED takes this definition of soil from the definition
in the proposed Soils Directive.
This new definition is important for the correct implementation of Articles 14, 16, 22, 46
and 52 and therefore it needs to be transposed into national legislation.
Article 3(22) – environmental inspection
Environmental inspection ‘means all actions, including site visits, monitoring of emissions
and checks of internal reports and follow-up documents, verification of self-monitoring,
checking of the techniques used and adequacy of the environmental management of the
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installation, undertaken by or on behalf of the competent authority to check and promote
compliance of installations with their permit conditions and, where necessary, to monitor
their environmental impact’.
This new definition is important for the correct implementation of Articles 21 and 23 and
therefore it needs to be transposed into national legislation.
Article 2(26) – stack
Stack ‘means a structure containing one or more flues providing a passage for waste
gases in order to discharge them into the air’.
This new definition is important for the correct implementation of Articles 29, 30, 42 and
46 as well as Annex V and therefore it needs to be transposed into national legislation.
Article 3(27) – operating hours
Operating hours ‘means the time, expressed in hours, during which a combustion plant,
in whole or in part, is operating and discharging emissions into the air, excluding start-up
and shut-down periods’. The term ‘operating hours’ is used for the limited life time
derogation in Article 33 and in the context of emission limit values in Article 30(4).
Implementing rules are to be established concerning the determination of the start-up
and shut-down periods referred to in the definition for ‘operating hours’ (Article 41).
Clear definition of these terms will be necessary to avoid implementation discrepancies.
This new definition is important for the correct implementation of Articles 30, 32, 33 and
72 as well as Annex V and therefore it needs to be transposed into national legislation.
Article 3(28) – rate of desulphurisation
Rate of desulphurisation ‘means the ratio over a given period of time of the quantity of
sulphur which is not emitted into air by a combustion plant to the quantity of sulphur
contained in the solid fuel which is introduced into the combustion plant facilities and
which is used in the plant over the same period of time’.
This paragraph is based on Article 2(4) of Directive 2001/80/EC with certain
modifications to the definition.
Article 3(29) – indigenous solid fuel
Indigenous solid fuel ‘means a naturally occurring solid fuel fired in a combustion plant
specifically designed for that fuel and extracted locally’.
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Article 3(34) – gas engine
Gas engine ‘means an internal combustion engine which operates according to the Otto
cycle and uses spark ignition or, in case of dual fuel engines, compression ignition to
burn fuel’.
This new definition is important for the correct implementation of Articles 28 and 72 as
well as Annex V and therefore it needs to be transposed into national legislation.
Article 3(40) – waste incineration plant
Waste incineration plant ‘means any stationary or mobile technical unit whose main
purpose is the generation of energy or production of material products and which uses
waste as a regular or additional fuel or in which waste is thermally treated for the
purpose of disposal through the incineration by oxidation of waste as well as other
thermal treatment processes, such as pyrolysis, gasification or plasma process, if the
substances resulting from the treatment are subsequently incinerated’.
This paragraph is based on Article 3(5) of Directive 2000/76/EC but now includes some
additional text. It will require transposing into national legislation.
Article 4 - Obligation to hold a permit (adapted from the existing component Directives
with modification)
The IED in Article 4(2), provides that a permit may cover two or more installations or
parts of installations operated by the same operator on the same site. Where a permit
covers two or more installations, it will contain conditions to ensure that each installation
complies with the requirements of the IED. This is in line with the integrated approach to
preventing and controlling emissions into the environment contained with the IED. This
Article is based on Article 4 of Directive 2008/1/EC and Articles 2(8), 3 and 4 of Directive
1999/13/EC but due to changes in scope, the national transposing legislation will need to
be reviewed.
Article 4(3) provides that Member States may opt to provide that a permit covers several
parts of an installation operated by different operators. This Article is one of the
derogations available to Member States and is dealt with in Appendix 2.
Article 5 – Granting of a permit (adapted from the existing component Directives with
modification)
Under Article 5(1), the competent authority shall grant a permit if the installation complies
with the requirements of the IED. Article 5(2) introduces a new component in terms of
requiring Member States to take an integrated approach where more than one
competent authority or more than one operator is involved or more than one permit is
granted, in order to ensure a fully coordinated and effective approach to permitting
procedure. Article 5(3) requires the competent authority, in this case the EPA, to take
into account any information gathered or conclusions reached where an installation has
undergone substantial change and falls under Article 4 of Directive 85/337/EEC, the
Environmental Impact Assessment Directive, for the purpose of granting a permit under
the IED.
Article 6 – General binding rules (adapted from the existing component Directives with
modification)
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This Article is one of the derogations available to Member States and is dealt with in
Appendix 2.
Article 7 – Incidents and accidents (substantively changed from the existing
component Directives)
Without prejudice to the Environmental Liability Directive (2004/35/EC) which was
transposed into Irish law by the Environmental Liability Regulations 2008 (S.I. no. 547 of
2008), in the case of any incident or accident significantly affecting the environment,
Member States must ensure that (a) the operator informs the competent authority
immediately, (b) the operator immediately takes measures to limit the environmental
consequences and to prevent further possible incidents or accidents, and (c) the
competent authority requires the operator to take any appropriate complementary
measures that the competent authority considers necessary to limit the environmental
consequences and to prevent further possible incidents or accidents.
This Article is based on Article 14(b) of Directive 2008/1/EC but has been significantly
changed.
Article 8 - Non-compliance (substantively changed from the existing component
Directives)
The IED introduces improved mechanisms for Member States to check and enforce
compliance with the legislation. The IED lays down more specific provisions to ensure an
effective implementation and enforcement of the Directive. Member States are required
under Article 8 to ensure that the operator and the competent authority take necessary
measures in a case of non-compliance with this Directive.
The operator is required under Article 8(2)(a) to inform the competent authority
immediately in the event of a breach of the permit conditions, this provision is identical to
point (a) of Article 14 of Directive 2008/1/EC.
The operator is required, under Article 8(2)(b), to take the measures necessary to ensure
that compliance is restored within the shortest possible time and under Article 8(2)(c) to
take any appropriate complementary measures that the competent authority considers
necessary to restore compliance. Where the breach of the permit conditions poses an
immediate danger to human health or threatens to cause an immediate significant
adverse effect upon the environment and until compliance is restored, the operation of
the installation, combustion plant, waste incineration plant, waste co-incineration plant or
part thereof will be suspended.
The provisions in Article 8(2)(b) and (c) to deal with a breach of the permit conditions are
based on Article 10 of Directive 1999/13/EC and Article 4(9) of Directive 2000/76/EC but
there are significant changes in the scope.
Article 9 – Emission of greenhouse gases (unchanged from the existing component
Directives)
The Emission Trading Scheme Directive (2003/87/EC) introduced through its Article 26
an amendment to the IPPC Directive to exclude the requirement for Member States to
include in IPPC permits emission limit values for greenhouse gas, unless necessary to
ensure that no significant local pollution is caused. This requirement is now provided for
in Article 9(1) of the IED in order to avoid possible double-regulation of installations
subject to the EU emissions trading scheme.
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This Article is identical to Article 9(3) of Directive 2008/1/EC.
CHAPTER II – PROVISION FOR ACTIVITIES LISTED IN ANNEX I (IPPC activities)
Article 10 – Scope (adapted from the existing component Directive with modification)
Article 10 provides that Chapter II of the IED applies to the activities set out in Annex I
and where, applicable, reaching the capacity thresholds set out in that Annex.
Due to changes of activities from those covered by the IPPC Directive, it has to be made
clear that national legislation reflects the link between Chapter II and installations
referred to in Annex I.
Article 11 – General principles governing the basic obligations of the operator
(adapted from the existing component Directive with modification)
Article 11 requires that Member States take the necessary measures to provide that
installations are operated in accordance with 8 principles, 4 of which are unchanged
from Article 3 of Directive 2008/1/EC. The other 4 principles that are modified or new
are:
o all the appropriate preventive measures are taken against pollution; (Article
11(a)) (modified)
o the best available techniques are applied; (Article 11(b)) (new)
o the generation of waste is prevented in accordance with Directive 2008/98/EC;
(Article 11(d)) (new)
o where waste is generated, it is, in order of priority and in accordance with the
waste hierarchy in Directive 2008/98/EC, prepared for re-use, recycled,
recovered or, where that is technically and economically impossible, it is
disposed of while avoiding or reducing any impact on the environment; (Article
11(e)) (modified)
The transposing legislation for the IED will need to (a) ensure that appropriate language
is used for waste prevention, i.e. to reflect waste prevention principles and the waste
management hierarchy established by Directive 2008/98/EC and (b) to reflect that
installations are required to be operated under the auspices of this waste management
hierarchy. Also, as the application of BAT is now mandatory, this will have to be
transposed into national law.
Article 12 – Applications for permits (adapted from the existing component Directive
with modification)
Article 12(1) details what is to be included in an application for a permit and is
unchanged from Article 6(1) of Directive 2008/1/EC except for the provisions in 12(1)(e)
and 12(1)(h).
The IED introduces a new requirement in 12(1)(e) over the original permit application
requirements in the IPPC Directive (2008/1/EC). Under 12(1)(e) an operator is required
to submit, where applicable, a baseline report in accordance with Article 22(2). Article
22(2), requires that a baseline report, as defined in Article 3(19) be prepared by
operators to provide quantified information on the initial state of soil and groundwater
contamination before starting operation of an installation or before a permit for an
installation is updated for the first time after 7 January 2013.
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Article 12(1)(h) provides that measures for dealing with waste generated by the
installation should be in accordance with the waste management hierarchy of
prevention, preparation for re-use, recycling and recovery.
Article 13 – BAT reference documents and exchange of information (new)
To date regulation of industrial emissions under the IPPC Directive has been informed
by Best Available Techniques (BAT) reference documents (BREF for short), which are
developed by the EC in collaboration with the Member States, industry and other
stakeholders. This work is co-ordinated by the European IPPC Bureau of the Institute
for Prospective Technology Studies at the EU Joint Research Centre in Seville (Spain).
Article 13(3) introduces for the first time a forum made up of representatives of Member
States, the industries concerned and non-governmental organisations promoting
environmental protection. This forum will be a continuation of the existing Information
Exchange Forum (IEF) under the IPPC Directive but now formally includes NGOs
promoting environmental protection. Ireland is represented by the EPA on this forum.
Article 13(3) requires the Commission to obtain the opinion of the forum on the practical
arrangements for the exchange of information foreseen under Article 13 and, in
particular on the following: (a) the rules of procedure of the forum; (b) the work
programme for the exchange of information (c) guidance on the collection of data; and
(d) guidance on the drawing up of BAT reference documents and on their quality
assurance including the suitability of their content and format.
The final line of Article 13(3) makes it clear that the guidance to be adopted under points
(c) and (d) must be adopted in accordance with the regulatory procedure referred to in
Article 75 (2) i.e. via Committee. The BREF guidance generally gives a range of
emission levels known as BATAELs (BAT Associated Emission Levels) that can be
achieved by BAT but the guidance does not prescribe a specific maximum emission limit
value (ELV).
Article 13(5) provides that decisions on BAT conclusions shall be adopted in accordance
with the regulatory committee procedure. After the adoption in comitology, the
Commission shall without delay make the BREF publicly available and make sure the
BAT conclusions are made available in all languages of the Union (Article 13(6)).
Articles 13 to 16 of the IED require that BAT reference documents are the reference for
setting permit conditions and that emission limit values do not exceed the emission
levels associated with the best available techniques as described in those BAT
reference documents.
Article 14 – Permit conditions (substantively changed from the existing component
Directive)
Article 14(1) provides that Member States are to ensure that the permit includes all
measures necessary for compliance with the operator’s basic obligations (Article 11) and
environmental quality standards (Article 18). These measures are to include at least the
following:
o
o
o
emission limit values for polluting substances 14(1)(a);
rules guaranteeing protection of the soil and groundwater 14(1)(b);
waste monitoring and management measures14(1)(c);
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o
o
o
o
o
o
requirements concerning emission measurement methodology, frequency
and evaluation procedure 14(1)(d);
an obligation on the operator to inform the competent authority regularly of
the results of such monitoring at least annually 14(1)(e);
requirements concerning the maintenance and surveillance of soil and
groundwater 14(1)(f);
measures relating to exceptional circumstances (leaks, malfunctions,
momentary stoppages or definitive stoppages etc.) 14(1)(g);
provisions on the minimisation of long-distance or transboundary pollution
14(1)(h); and
conditions for assessing compliance with the emission limit values 14(1)(i).
Article 14(1) is mainly based on Article 9(1), 9(3), 9(4), 9(5) and 9(6) of Directive
2008/1/EC.
But due to significant changes and to its importance for correct
implementation of the Directive, it needs to be verified whether national legislation is in
conformity with its requirements, with special regard to points (c), (d), (e), (f) and (h).
The IED in Article 14(3) introduces a new requirement that BAT conclusions shall be the
reference for setting the permit conditions.
The option in Article 14(4) to set stricter permit conditions than those achievable by the
use of the best available techniques as described in the BAT conclusions is discussed in
Appendix 2.
Article 15 – Emission limit values, equivalent parameters and technical measures
(substantively changed from the existing component Directive)
Article 15(1) which provides that the emission limit values for polluting substances shall
apply at the point where the emissions leave the installation, and any dilution prior to that
point shall be disregarded when determining those values. This paragraph is identical to
the 2nd sentence of Art 2(6) of Directive 2008/1/EC
Article 15(2) provides that without prejudice to Article 18, the emission limit values and
the equivalent parameters and technical measures referred to in Article 14(1) and (2)
shall be based on the best available techniques, without prescribing the use of any
technique or specific technology. This paragraph is identical to the first sentence of
Article 9(4) of Directive 2008/1/EC.
The general principle that competent authorities should set emission limit values that
ensure that emission limit levels associated with best available techniques (BAT-AELs)
are met (Article 15(3)) is maintained in the IED. In accordance with Article 15(3), the
competent authority may achieve this by two means:
o setting emission limit values that do not exceed the emission limit levels
associated with best available techniques;
o setting different emission limit values not in line with the emission limit levels
associated with best available techniques, but only in terms of values, periods of
time and reference conditions. Where this approach is taken, the competent
authority will have to ensure that the emissions of the installation do not exceed
the emission limit levels associated with best available techniques through
addition – and at least annual – emissions monitoring.
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Article 15(4) provides competent authorities with the option to deviate from this
approach, in specific cases, where transparently justified – this derogation is discussed
in Appendix 2.
The IED requests Member States to actively promote emerging techniques. In addition,
the Directive, in Article 15(5) provides the competent authority with the option to grant
temporary derogations from emission levels associated with the best available
techniques as described in the BAT reference documents to enable an operator to test
and use emerging techniques which might provide for higher level of environmental
protection. This derogation is discussed further in Appendix 2.
Article 16 – Monitoring requirements (new)
Under Article 16(1), the emission monitoring requirements referred to in Article 14(1)(c)
shall, where applicable, be based on the conclusions on monitoring as described in the
BAT conclusions. Under Article 16(2), the frequency of the periodic monitoring referred
to in Article 14(1)(e) is to be determined by the competent authority in a permit for each
individual installation or in general binding rules. Without prejudice to this proviso, the
minimum frequency for monitoring of soil is at least 10 years, and groundwater every 5
years, unless it is based on a systematic appraisal of the risk of contamination (Article
16(2)).
The new requirements introduced under Article 16 are crucial to the correct
implementation of the IED.
Article 17 – General binding rules for activities listed in Annex I (new)
This Article lays down the conditions which must be followed if a Member States
chooses to adopt the derogations available to Member States under Article 6 which is
dealt with in Appendix 2.
It states that if adopting generally binding rules Member States shall ensure an
integrated approach and that a high level of environmental protection equivalent to that
achievable with individual permit conditions (Article 17(1)). Generally binding rules are to
be based on BAT to ensure compliance with Articles 14 and 15 (Article 17(2)). Any
generally binding rules are to be updated to take account of developments in BAT in
order to ensure compliance with Article 21 (Article 17(3)). Upon their official publication
any generally binding rules adopted are to contain a reference to the IED or be
accompanied by such a reference (Article 17(4)).
Article 18 – Environmental quality standards (unchanged from the existing
component Directive)
Where an environmental quality standard requires stricter conditions than those
achievable by the use of the best available techniques, additional measures shall be
included in the permit, without prejudice to other measures which may be taken to
comply with environmental quality standards.
This Article is identical to Article 10 of Directive 2008/1/EC.
Article 19 – Developments in best available techniques (adapted from the existing
component Directive with modification)
Article 19 requires Member States to ensure that the competent authority follows or is
informed of development in best available techniques and of the publication of any new
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or updated BAT conclusions and shall make that information available to the public
concerned.
Although this Article is based on Article 11 of Directive 2008/1/EC, there are changes in
respect of the BAT conclusions and public participation.
Article 20 – Changes by operators to installations (adapted from the existing
component Directive with modification)
Under Article 20(1), the operator is to inform the competent authority of any planned
change in the nature or functioning, or an extension of the installation which may have
consequences for the environment. In such cases, where appropriate, the competent
authority shall update the permit. While this provision is based on Article 12(1) of
Directive 2008/1/EC it now refers to any planned changes in ‘the nature or functioning,
or an extension of the installation which have consequences for the environment’.
Article 20(2) provides that no substantial change planned by the operator is made
without a permit granted in accordance with the IED. The application for a permit and
the decision by the competent authority shall cover those parts of the installation and
those details listed in Article 12 (Applications for permits) which may be affected by the
substantial change.
Article 20(3) provides that any change in the nature or functioning or an extension of an
installation shall be deemed to be substantial if the change or extension in itself reaches
the capacity thresholds set out in Annex I.
Article 21 - Reconsideration and updating of permit conditions by the competent
authority (substantively changed from the existing component Directive / new)
The IED, in Article 21(1), introduces a requirement for permit conditions to be
reconsidered, and where necessary, updated to ensure compliance with the Directive.
Under Article 21(2) the reconsideration must take into account results of emission
monitoring and other data and all the new or updated BAT conclusions applicable to the
installation and adopted since the permit was granted or last renewed.
Article 21(3) provides that competent authorities will have a period of 4 years in which to
review permit conditions post the adoption of revised BREFs relating to the main activity
of an installation. The competent authority shall:
o reconsider, and if necessary, update the permit conditions so as to ensure the
emission limit values are in line with emission levels associated with the best
available techniques (BATAEL);
o reconsider / update all existing derogations granted (i.e. Article 15.4);
o ensure that the installation operates according to the BAT conclusions.
The permit review provision in Article 21(3) concerns BAT conclusions relating to the
‘main activity’ of an installation.
Under Article 21(4), where an installation is not covered by any of the BAT conclusions,
the permit condition shall be reconsidered and, if necessary, updated where
development in the best available techniques allow for the significant reduction of
emissions.
Article 21(5) provides that irrespective of BAT conclusions, the permit shall be
reconsidered if there is significant pollution caused by the installation that would need a
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revision of the emission limit values in the permit, if operational safety requires so or
where it is necessary to comply with a new or revised environmental quality standard
(Article 18).
Applying revised BAT conclusions within a four year time frame could be onerous for
industrial operators particularly for those who have just received a licence prior to the
revision of the BAT conclusion. It will also have implications for the EPA who develop
national BAT guidance based on EU BREFs and BAT conclusions. Recital 22 of the IED
indicates that flexibility is available in specific cases – ‘In specific cases where permit
reconsideration and updating identifies that a longer period than 4 years after the
publication of a decision on BAT conclusions might be needed to introduce new best
available techniques, competent authorities may set a longer time period in permit
conditions where this is justified on the basis of the criteria laid down in this Directive.’
Article 21(2), (3), (4), (5) are new provisions and are crucial to the correct
implementation of the IED.
Article 22 – Site closure (new)
The current IPPC Directive requires the return of the site to “a satisfactory state” after
operations have ceased. This requirement has led to wide differences in interpretation
by Member States and consequential differences in the level of environmental protection
offered throughout the EU. Under Article 22(2), where the activity involves the use,
production or release of relevant hazardous substances, the operator must prepare a
baseline report, containing existing information on soil and groundwater measurements
that reflect the state at the time the report is drawn up or, alternatively, new soil and
groundwater measurements having regard to the possibility of soil and groundwater
contamination by those hazardous substances to be used, produced or released by the
installation concerned, before a new plant commences operations or before the permit of
an existing plant is updated for the first time after 7 January 2013. The Commission is to
establish guidance on the content of the baseline report.
Under Article 22(3) on site closure, the operator must compare the state of the site with
that indicated in the initial baseline report and where the comparison indicated that the
installation has caused significant environmental pollution, the operator must return the
site to the initial state established in the baseline report.
Where the contamination occurred as a result of permitted activity before a baseline
report was required or for a site that is not required to conduct a baseline report then the
contamination should be remediated such that it ceases to pose a significant risk to
human health or the environment taking into account its current or approved future use
(Article 22(4)). Article 14(1)(b) obliges Member State to make sure that appropriate
requirements ensuring protection of the soil and groundwater are included in the permit.
Article 22 is a new Article crucial to the correct implementation of the IED.
Article 23 – Environmental inspections (new)
In Article 23, the IED introduces a mandatory requirement for Member States to provide
a system of environmental inspections and that all installations are covered by an
inspection plan which must be regularly reviewed and, where appropriate, updated.
Such a plan provides for routine and non-routine inspections, as provided for in the
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definition of ‘environmental inspections’ in Article 3(22). The frequency of inspection is
to be based on a systematic risk assessment with at least 1 inspection a year for plants
deemed to pose the highest risks and every 3 years for plants posing the lowest risks.
The inspection report is required to be made available to the operator within 2 months of
the date of the site visit and publicly available within 4 months of the site visit. All the
necessary actions identified in the report are to be taken by the operator within a
reasonable period to be determined by the competent authority.
It is considered that this system of inspections will allow for the efficient allocation of
resources based on a risk assessment to target those sites most likely to cause
environmental pollution.
This is a new Article crucial to the correct implementation of the IED.
Article 24 – Access to information and public participation in the permit procedure
(adapted from the existing component Directive with modification)
The IED ensures that the public has a right to participate in the decision-making process,
and to be informed of its consequences, by having access to (a) permit applications in
order to give opinions, (b) permits, (c) results of the monitoring of emissions and (d) the
European Pollutant Release and Transfer Register (E-PRTR). In the E-PRTR, emission
data reported by Member States are to be made accessible in a public register, which is
intended to provide environmental information on major industrial activities.
The IED requires that when a decision on granting, reconsideration or updating of a
permit has been taken, the competent authority shall make available to the public
information on decisions, the reasons on which the decision is based, the results of any
consultations during the decision making process, the title of the BAT reference
documents, the permit conditions and any derogations.
The documents that form the licence application under the IED will constitute
'environmental information' as defined in the European Communities (Access to
Information on the Environment) Regulations 2007 to 2011 (S.I. Nos. 133 of 2007 and
662 of 2011). As such the provisions of these Regulations will apply to all documents
relating to IED licences. In addition, the EPA’s current policy of publishing all documents
associated with licence applications on the EPA website www.epa.ie will continue for the
IED licensing system.
This Article is identical to Article 15 of Directive 2008/1/EC.
Article 25 – Access to justice (unchanged from the existing component Directive)
Article 25 provides that members of the public concerned shall have access to a court or
other independent and impartial body competent to review the procedural and
substantive legality of decisions, acts or omissions of the competent authority subject to
Article 24 when one of the following conditions is met: (a) they have a sufficient interest,
or (b) they maintain the impairment of a right, where administrative procedural law of a
Member State requires this as a precondition.
Environmental non-governmental organisations are considered to be amongst those
who have a sufficient interest in environment decision-making pursuant to Article
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25(1)(a). Irish administrative procedural law does not require the impairment of a right so
transposition of Article 25(1)(b) is not required.
Article 25 and Article 3(17) define ‘the public concerned’ as those affected or likely to be
affected by, or having an interest in, the taking of a decision on the granting or the
updating of a permit or of permit conditions.
It is considered that a review of the procedural and substantive legality of decisions of
the competent authority should be open to be considered by the High Court by way of
judicial review. This reflects the practice adopted in the existing legislation transposing
the component directives and other Irish environmental legislation. The requirement for
a review procedure that is fair, equitable, timely and not prohibitively expensive, is
implemented in Ireland through the Courts system, specifically through judicial review,
which is governed by Order 84 of the Rules of the Superior Courts. The cost rules
applicable to judicial review cases concerning IPPC matters are set out in Section 50B of
the Planning and Development Acts, as amended by the Environment (Miscellaneous
Provisions) Act 2011.
This Article is identical to Article 16 of Directive 2008/1/EC.
Article 26 – Transboundary effects (unchanged from the existing component Directive)
This Article provides for cooperation between Member States. Where a Member State is
aware that the operation of an installation is likely to have significant negative effects on
the environment of another Member State, the Member State in whose territory the
application for a permit was submitted shall forward to the other Member State any
information required to be given or made available pursuant to Annex IV (which outlines
the procedures under the IED for public participation in decision-making). This
cooperation has particular importance with respect to Northern Ireland.
The existing provisions in the legislation transposing the component directives that
establish arrangements for cooperation will continue under the IED.
This paragraph identical to Art 18(1) of Directive 2008/1/EC.
Article 27 – Emerging techniques (new)
Article 27 provides that Member States shall, where appropriate, encourage the
development and application of emerging techniques and the Commission is to establish
guidance to assist Member States in encouraging the development and application of
emerging techniques.
This is a new Article and is crucial to the correct implementation of the IED.
CHAPTER III – SPECIAL PROVISIONS FOR COMBUSTION PLANTS
Article 28 – Scope (adapted from the existing component Directive with modification)
This article provides that Chapter III of the IED applies to combustion plants, the total
rated thermal input of which is equal to or greater than 50 MW, irrespective of the type of
fuel used. A number of exceptions are provided in Article 28 and these are outlined in
Appendix 2.
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Article 28 is based on Articles 1, 2(6) and 2(7) of Directive 2001/80/EC. However, certain
new and modified elements (the introduction of 'total' rated thermal input, the inclusion of
gas engines in point (i) and the omission of certain parts of the text) require attention.
However, it should be noted that Member States are free to limit the exclusions from the
scope of transposition of this Article.
Article 29 – Aggregation rules (adapted from the existing component Directive with
modification)
Article 29(1) provides that where the waste gases of two or more separate combustion
plants are discharged through a common stack, the aggregation rule will be applied
whereby the combination formed by such plants shall be considered as a single
combustion plant and their capacities added for the purposes of calculating the total
rated thermal input. This is a new provision.
Article 29(2) provides that where two or more separate combustion plants which have
been granted a permit for the first time on or after 1 July 1987, or the operator of which
have submitted a complete application for a permit on or after that date, are installed in
such a way that, taking technical and economic factors into account, their waste gases
could in the judgement of the competent authority, be discharged through a common
stack, the combination formed by such plants shall be considered as a single
combustion plant and their capacities added for the purposes of calculating the total
rated thermal input. This paragraph is based on the last part of Art 2(7) of Directive
2001/80/EC.
Article 29(3) provides that for the purpose of calculating the total rated thermal input of a
combination of combustion plants referred to in paragraphs 1 and 2, or individual
combustion plants with a rated thermal input below 15 MW shall not be considered. This
is a new provision.
Article 30 – Emission limit values (substantively changed from the existing component
Directive)
In Article 30 and Annex V, the IED sets more stringent emission limit values, aligned with
best available techniques, for certain categories of combustion plants and pollutants.
The IED requires new large combustion plants to meet strict emissions limits for nitrogen
and sulphur oxides and particulates from 7 January 2013. Existing plants will need to
comply with the Directive by 2016 (Article 30), although until 30 June 2020, Member
States may define transitional plans with declining annual caps for nitrogen oxides,
sulphur dioxide and dust particles (Article 32) – the Transitional National Plan is further
discussed in Appendix 2. Industrial installations that are scheduled to close by the end
of 2023 do not need to upgrade (Article 33) – this limited life time derogation is further
discussed in Appendix 2.
Article 31 – Desulphurisation rate (new)
See under Appendix 2.
Article 32 – Transitional National Plan (new)
See under Appendix 2.
Article 33 – Limited life time derogation (new)
See under Appendix 2.
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Article 34 – Small isolated systems (new)
See under Appendix 2 for the derogation contained in Article 34(1) which provides an
exemption until 31 December 2019 from compliance with the emission limit values
referred to in Article 30(2) and the rates of desulphurisation referred to in Article 31,
where applicable, for combustion plants being on 6 January 2011 part of a small isolated
system.
Article 34(2) provides that combustion plants with a total rated thermal input of more than
500 MW firing solid fuels, which were granted the first permit after 1 July 1987, shall
comply with the emission limit values for nitrogen oxides set out in Part 1 of Annex V.
Article 34(3) provides that where there are, on the territory of a Member State
combustion plants that are part of a small isolated system, that Member State shall
report to the Commission before 7 January 2013 a list of those combustion plants, the
total annual energy consumption of the small isolated system and the amount of energy
obtained through interconnection with other systems.
Article 35 – District heating plants (new)
Article 35 provides for a derogation from compliance with the emission limit values set
out in Article 30(2) for district heating plants. This derogation is discussed in Appendix 2.
Article 36 – Geological storage of carbon dioxide (unchanged from the existing
component Directive)
Carbon capture and storage is considered to be a bridging technology that will contribute
to mitigating climate change. It consists of the capture of carbon dioxide from industrial
installations, its transport to a storage site, and its injection into a suitable underground
geological formation for the purposes of permanent storage. Article 36 of the IED
obliges Member States to ensure that operators of all combustion plants with a rated
electrical output of 300 MW or more for which the original construction licence or in the
absence of such a procedure, the original operating licence is granted after the entry into
force of the Carbon Capture and Storage Directive (2009/31/EC) have assessed that a
number of conditions are met including suitable storage sites, transport facilities and
ability to retrofit CO2 capture.
While Article 36 of the IED has already been transposed into Irish law, Ireland considers
it appropriate to await developments and progress by key players in this field, and the
more advanced Member States who have committed substantial resources both financial
and human to the implementation of the regulatory framework underpinning this
technology. Accordingly, Ireland has exercised its right, in accordance with Article 4 of
Directive 2009/31/EC, not to allow for any storage in part or in the whole of the State and
therefore there is currently no area of Irish territory that would be free to be used for CO 2
storage. This issue will, however, be kept under active review.
Article 36 is identical to Articles 9a(1) and 9a(2) of Directive 2001/80/EC as amended by
Article 33 of Directive 2009/31/EC and has been transposed into Irish law by the Large
Combustion Plants Regulations 2010 (S.I. No. 371 of 2010).
Article 37 – Malfunction or breakdown of the abatement equipment (adapted from
the existing component Directive with modification)
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Article 37(1) provides that Member States are to ensure that provision is made in the
permits for procedures relating to malfunction or breakdown of the abatement
equipment. This Article is identical to the first sentence of Article 7(1) of Directive
2001/80/EC.
Under Article 37(2) in the case of a breakdown, the competent authority shall require the
operator to reduce or close down operations if a return to normal operation is not
achieved within 24 hours, or to operate the plant using low polluting fuels. The operator
must notify the competent authority within 48 hours after the malfunction or breakdown
of the abatement equipment. The cumulative duration of unabated operation cannot
exceed 120 hours in any 12-month period. This Article is identical to the second and
third sentences of Article 7(1) of Directive 2001/80/EC.
The competent authority may grant a derogation from the time limits set out in the first
and third subparagraphs of Article 37(2) in certain circumstances. This derogation is
discussed in Appendix 2.
Article 38 – Monitoring of emissions into air (adapted from the existing component
Directive with modification)
Under Article 38(1) Member States are to ensure that the monitoring of air polluting
substances is carried out in accordance with Part 3 of Annex V. Although Article 38(1) is
based on the first sentence of Art 12 of Directive 2001/80/EC, the change of reference
mean that it needs to be transposed into national legislation.
In accordance with Article 38(2), the installation and functioning of the automated
monitoring equipment shall be subject to control and to annual surveillance tests as set
out in Part 3 of Annex V. This Article is based on Annex VIII(A) of Directive 2001/80/EC
and as it is important for the correct implementation of Chapter III therefore it needs to
be transposed into national legislation.
The competent authority is under Article 38(3) to determine the location of the sampling
or measurement points to be used for the monitoring of emissions. Article 38(4) provides
that all monitoring results shall be recorded, processed and presented in such a way as
to enable the competent authority to verify compliance with the operating conditions and
emission limit values which are included in the permit. Articles 38(3) and (4) are new
paragraphs important for the correct implementation of Chapter III and therefore need to
be transposed into national legislation.
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Article 39 – Compliance with emission limit values (new)
Article 39 provide that the emission limit values for air shall be regarded as being
complied with if the conditions set out in Part 4 of Annex V are fulfilled.
Article 40 – Multi-fuel firing combustion plants (substantively changed from the
existing component Directive)
Under Article 40(1) the competent authority shall set the emission limit values for multifuel firing combustion plants (defined in Article 3(32)) involving the simultaneous use of
two or more fuels by:
(a) taking the emission limit value relevant for each individual fuel and pollutant
corresponding to the total rated thermal input of the entire combustion plant as
set our in Part 1 and 2 of Annex V;
(b) determining fuel-weighted emission limit values, which are obtained by
multiplying the individual emission limit value referred to in point (a) by the
thermal input delivered by each fuel, and dividing the product of multiplication by
the sum of the thermal inputs delivered by all fuels;
(c) aggregrating the fuel-weighted emission limit values.
Article 40(1) is based on Art 8(1) of Directive 2001/80/EC.
Article 40(2) and (3) provide for Member States to deviate from applying the emission
limit values set in Article 40(1) to multi-fuel firing combustion plants covered by Article
30(2), which use the distillation and conversion residues from the refining of crude-oil for
own consumption, alone or with other fuels. See Appendix 2 for further detail on this
derogation.
Article 41 – Implementing rules (not requiring transposition)
Article 41 provides that implementing rules are to be established for:
o the determination of the start-up and shut-down periods referred to in Article
3(27) (‘operating hours’) and in Annex V, Part 4, point 1 (Assessment of
compliance with emission limit values)
o the TNPs referred to in Article 32 and, in particular, the setting of emission
ceilings and relating monitoring and reporting.
These implementing rules are to be adopted in accordance with the regulatory
procedure referred to in Article 75(3). The Commission was to make proposals no later
than 7 July 2011.
This paragraph sets out an obligation for the Commission and does not need to be
transposed into national legislation.
CHAPTER IV – SPECIAL PROVISIONS FOR WASTE INCINERATION PLANTS AND
WASTE CO-INCINERATION PLANTS
Article 42 – Scope (substantively changed from the existing component Directive)
Chapter IV applies to waste incineration plants and waste co-incineration plants which
incinerate or co-incinerate solid or liquid waste.
Although this paragraph is in part based on Article 2(1) of Directive 2000/76/EC, there
are significant changes made to it in subparagraphs 2 to 5.
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Article 43 – Definition of residue (adapted from the existing component Directive with
modification)
For the purpose of this Chapter, ‘residue’ means any liquid or solid waste which is
generated by a waste incineration plant or waste co-incineration plant.
This Article is based on Article 3(13) of Directive 2000/76/EC.
Article 44 – Applications for permits (unchanged from the existing component
Directive)
A permit application for a waste incineration plant or waste co-incineration plant shall
include a description of the measures which are envisaged to guarantee that the
following requirements are met:
(a) the plant is designed, equipped and will be maintained and operated in such a
manner that the requirements under Chapter IV are met taking into account the
categories of waste to be incinerated or co-incinerated;
(b) the heat generated is recovered as far as practicable through the generation of
heat, steam or power;
(c) the residues are minimised in their amount and harmfulness and recycled where
appropriate;
(d) the disposal of the residues which cannot be prevented, reduced or recycled will
be carried out in conformity with national and Union law.
This Article is identical to Article 4(2) of Directive 2000/76/EC.
Article 45 – Permit conditions (adapted from the existing component Directive with
modification)
Article 45(1) provides that the permit must include the categories and quantities of waste
which may be treated, the plant's incineration or co-incineration capacity, the procedures
for sampling and measuring air and water pollutants to be used and the maximum
permissible period of any technically unavoidable stoppages etc. during which the
emissions into the air and the discharges of waste water may exceed the prescribed
emission limit values. This paragraph is based on several different provisions of Directive
2000/76/EC (Articles 4(4), 8(1) and 8(6)).
Under Article 45(2), where a permit is granted to a waste incineration plan or waste coincineration plant using hazardous waste, it should include the following in addition to the
requirements under Article 45(1):
o a list of the quantities of the different categories of waste which may be treated;
and
o the minimum and maximum mass flows of those hazardous wastes, their lowest
and maximum calorific values and their maximum contents of polluting
substances.
This paragraph is identical to Article 4(5) of Directive 2000/76/EC.
Article 45(3) provides Member States with an option to list the categories of waste to be
included in the permit which can be co-incinerated in certain categories of waste coincineration plants. This is an optional measure which is discussed in Appendix 2.
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Article 45(4) provides that the competent authority shall periodically reconsider and,
where necessary, update permit conditions. This paragraph is identical to Article 4(7) of
Directive 2000/76/EC.
Article 46 – Control of emissions (adapted from the existing component Directive with
modification)
Article 46(1) provides that waste gases from waste incineration plants and waste coincineration plants shall be discharged in a controlled way by means of a stack the
height of which is calculated in such a way as to safeguard human health and the
environment. This paragraph is identical to the second part of Article 6(5) of Directive
2000/76/EC.
Article 47 – Breakdown (unchanged from the existing component Directive)
In the case of a breakdown, the operator shall reduce or close down operations as soon
as practicable until normal operations can be restored.
This Article is identical to Article 13(2) of Directive 2000/76/EC.
Article 48 – Monitoring of emissions (adapted from the existing component Directive
with modification)
Member States are required under Article 48(1) to ensure that the monitoring of
emissions is carried out in accordance with Parts 6 and 7 of Annex VI. This paragraph is
identical to Article 11(1) of Directive 2000/76/EC, however, there is a change in
reference.
Article 48(2) provides that the installation and functioning of the automated measuring
systems shall be subject to control and to annual surveillance tests as set out in point 1
of Part 6 of Annex VI. This paragraph is identical to the first part of Article 10(3) of
Directive 2000/76/EC, however, there is a change in structure.
Article 48(3) provides that the competent authority is to determine the location of the
sampling or measurement points to be used for monitoring of emissions. This paragraph
is identical to Article 10(4) of Directive 2000/76/EC.
Under Article 48(4), all monitoring results shall be recorded, processed and presented in
such a way as to enable the competent authority to verify compliance with the operating
conditions and emission limit values which are included in the permit. This paragraph is
based on Article 11(9) of Directive 2000/76/EC.
Under Article 48(5), the Commission is required to set the date from which continuous
measurement of emissions into the air of heavy metals and dioxins and furans are to be
carried out. This paragraph does not require transposing as it is an obligation on the
Commission.
Article 49 – Compliance with emission limit values (adapted from the existing
component Directive with modification)
Article 49 provides that the emission limit values for air and water shall be regarded as
being complied with if the conditions described in Part 8 of Annex VI are fulfilled.
Although this article makes reference to a part of Annex VI which is based on provisions
of Directive 2000/76/EC, the structure has been changed.
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Article 50 – Operating conditions (adapted from the existing component Directive with
modification)
Article 50(1) provides that waste incineration plants are to be operated in such a way as
to achieve a level of incineration such that the total organic carbon content of slag and
bottom ashes is less than 3% or their loss on ignition is less than 5% of the dry weight of
the material. If necessary, waste pre-treatment techniques are to be sued. This
paragraph is identical to the first subparagraph of Article 6(1) of Directive 2000/76/EC.
Under Article 50(2), in order to guarantee complete waste combustion, the IED requires
all plants to keep the incineration or co-incineration gases at a temperature of at least
850°C for at least two seconds. If hazardous waste with a content of more than 1 % of
halogenated organic substances, expressed as chlorine, is incinerated, the temperature
has to be raised to 1 100 °C for at least two seconds. This paragraph is identical of the
second subparagraph of Article 6(1) and to Article 6(2) of Directive 2000/76/EC.
Article 50(3) provides that each combustion chamber of a waste incineration plant shall
be equipped with at least one auxiliary burner and details how and in what
circumstances such a burner should operate. This paragraph is based on the third and
fourth subparagraph of Article 6(1) of Directive 2000/76/EC.
Article 50(4) provides that waste incineration plants and waste co-incineration plants
shall operate an automatic system to prevent waste feed in certain specified situations.
This paragraph is identical to Article 6(3) of Directive 2000/76/EC.
Article 50(5) requires that the heat generated by the incineration process has to be put to
good use as far as practicable. This paragraph is identical to Article 6(6) of Directive
2000/76/EC.
Infectious clinical waste is to be placed straight into the furnace, without first being mixed
with other categories of waste and without direct handling in accordance with Article
50(6). This paragraph is identical to Article 6(7) of Directive 2000/76/EC.
Under Article 50(7), Member States are to ensure that the waste incineration plant or
waste co-incineration plant is operated and controlled by a natural person who is
competent to manage the plant. This paragraph is identical to Article 6(8) of Directive
2000/76/EC.
Article 51 – Authorisation to change operating conditions (new)
The application of this Article is optional for Member States and is discussed in Appendix
2.
Article 52 – Delivery and reception of waste (unchanged from the existing component
Directive)
Under Article 52(1), the operator of the plant is required, during the delivery and
reception of waste, to take all necessary precautions to prevent or limit as far as
practicable the pollution of air, soil, surface water and groundwater as well as other
negative effects on the environment, odours and noise, and direct risks to human health.
This paragraph is identical to Article 59(1) of Directive 2000/76/EC.
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Article 52(3) provides that, prior to accepting hazardous waste at the incineration plant or
co-incineration plant, the operator of the plant must have at their disposal the
administrative information on the generating process, the physical and chemical
composition of the waste, as well as on the hazardous characteristics of the waste. This
information is to be collected for the purposes of verifying compliance with the permit
requirements specified in Article 45(2). This paragraph is identical to Article 5(3) of
Directive 2000/76/EC.
Article 52(4) sets out the minimum procedures that should be carried out by an operator
prior to accepting hazardous waste at the waste incineration plant or waste coincineration plant to include the checking of documents required by Directive
2008/98/EC and, where applicable, those required by Regulation (EC) No. 1013/2006.
This paragraph is identical to Article 5(4) of Directive 2000/76/EC.
Article 52(5) provides that the competent authority may grant exemptions from
compliance with Articles 52(2) – (4) to waste incineration plants or waste co-incineration
plants which are part of an installation covered by Chapter II and only incinerate or coincinerate waste generated within that installation. The application of this paragraph is
optional and is discussed in Appendix 2.
Article 53 – Residues (unchanged from the existing component Directive)
Article 53(1) provides that incineration or co-incineration residues must be reduced to a
minimum in their amount and harmfulness and should be recycled, where appropriate,
directly in the plant or outside. This paragraph is identical to the first subparagraph of
Article 9 of Directive 2000/76/EC.
Under Article 53(2), when dry residues are transported, precautions must be taken to
prevent their dispersal into the environment. This paragraph is identical to the second
subparagraph of Article 9 of Directive 2000/76/EC.
Article 53(3) provides that tests must be carried out to establish the physical and
chemical characteristics, and polluting potential, of residues prior to determining the
routes for the disposal or recycling of the residues. Such tests are to deal with the total
soluble fraction and heavy metals soluble fraction. This paragraph is identical to the third
subparagraph of Article 9 of Directive 2000/76/EC.
Article 54 – Substantial change (unchanged from the existing component Directive)
‘Substantial change’ is defined in Article 3(9) as a change in the nature or functioning, or
an extension, of an installation or combustion plant, waste incineration plant or waste coincineration plant which may have significant negative effects on human health or the
environment. Article 54 qualifies further that a change of operation of a waste
incineration plant or a waste co-incineration plant treating only non-hazardous waste in
an installation covered by Chapter II which involves the incineration or co-incineration of
hazardous waste shall be regarded as a substantial change.
Article 54 is, in its substance, identical to Article 4(8) of Directive 2000/76/EC.
Article 55 – Reporting and public information on waste incineration plants and
waste co-incineration plants (unchanged from the existing component Directive)
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Under Article 55(1), applications for new permits must be made accessible to the public
so that the public may comment before the competent authority reaches a decision. This
paragraph is identical to Article 12(1) of Directive 2000/76/EC.
Article 55(2) provides that for plants with a nominal capacity of 2 tonnes or more per
hour, the report referred to in Article 72 shall include information on the functioning and
monitoring of the plant and give account of the running of the incineration or coincineration process and the level of emissions into air and water in comparison with the
emission limit values. This information is to be made available to the public. This
paragraph is identical to Article 12(2) of Directive 2000/76/EC.
A list of plants with a nominal capacity of less than 2 tonnes per hour shall be drawn up
the competent authority and shall be made available to the public in accordance with
Article 55(3). This paragraph is identical to Article 12(3) of Directive 2000/76/EC.
CHAPTER V – SPECIAL PROVISIONS FOR INSTALLATIONS AND ACTIVITIES
USING ORGANIC SOLVENTS
Article 56 – Scope
Chapter V applies to activities listed in Part 1 of Annex VIII (Technical provisions relating
to installations and activities using organic solvents) and, where applicable, reaching the
consumption thresholds set out in Part 2 of that Annex.
Article 57 – Definitions (unchanged from existing component Directive)
For the purposes of Chapter V, Article 57 includes a number of definitions:
o
o
o
o
o
o
o
o
o
o
o
o
o
existing installation
waste gases
fugitive emissions
total emissions
mixture
adhesive
ink
varnish
consumption
input
re-use
contained conditions
start-up and shut-down operations
These definitions are unchanged from the original Volatile Organic Compounds (VOC)
Solvents Directive (1999/13/EC) with the exception of ‘mixture’. Directive 1999/13/EC
originally had a definition for ‘preparation’ until this was amended by Directive
2008/112/EC that substituted ‘mixture’ for ‘preparation’.
Article 58 – Substitution of hazardous substances (unchanged from existing
component Directive)
Article 58 provides that substances or mixtures which, because of their content of volatile
organic compounds classified as carcinogens, mutagens, or toxic to reproduction under
Regulation (EC) No 1272/2008, are assigned or need to carry the hazard statements
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H340, H350, H350i, H360D or H360F, shall be replaced, as far as possible by less
harmful substances or mixtures within the shortest possible time.
Article 82(7) provides that this Article is to apply from 1 June 2015. This Article is
identical to Article 5(6) of Directive 1999/13/EC as amended by Directive 2008/112/EC.
Article 59 – Control of emissions (adapted from existing component Directive with
modification)
Under Article 59(1), Member States are to take the necessary measures to ensure that
each installation complies with either of the following:
(a) the emission of volatile organic compounds from installations shall not
exceed the emission limit values in waste gases and the fugitive emission
limit values, or the total emission limit values, and other requirements laid
down in Parts 2 and 3 of Annex VII are complied with;
(b) the requirements of the reduction schemes set out in part 5 of Annex VII
provided that an equivalent emission reduction is achieved compared to
that achieved through the application of the emission limit values referred
to in point (a).
Member States must in accordance with Article 72(1) report to the Commission on the
progress in achieving the equivalent emission reduction referred to in point (b).
This paragraph is based on Article 5(1), 5(2) and point 1 of Annex IIB of Directive
1999/13/EC but has been reworded.
The derogations provided in Article 59(2), (3) and (4) are discussed in Appendix 2.
Article 60 – Monitoring of emissions (adapted from existing component Directive with
modification)
In accordance with Article 60 Member States shall, either by specification in the permit
conditions or by general binding rules, ensure that measurements of emissions are
carried out in accordance with Part 6 of Annex VII.
This Article is based on Article 8(1) of Directive 1999/13/EC, however, the structure of
the Article has been changed.
Article 61 – Compliance with emission limit values (adapted from existing component
Directive with modification)
Under Article 61, the emission limit values in waste gases shall be regarded as being
complied with if the conditions set out in Part 8 of Annex VII are fulfilled.
This paragraph (in relation to Part 8 of Annex VII) is based on Article 9 of Directive
1999/13/EC however, the structure of the Article has been changed.
Article 62 – Reporting on compliance (adapted from existing component Directive with
modification)
Article 62 provides that operators shall supply the competent authority, on request, with
data to enable the competent authority to verify compliance with either (a) emission limit
values in waste gases, fugitive emission limit values and total emission limit values; (b)
the requirements of the reduction scheme under Part 5 of Annex VII; the derogation
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granted in accordance with Article 59(2) and (3). Such reporting may include a solvent
management plan prepared in accordance with Part 7 of Annex VII.
This paragraph is based on Article 9(1) of Directive 1999/13/EC, however, it has been
reworded.
Article 63 – Substantial change to existing installations (adapted from existing
Directive with modification)
‘Substantial change’ is defined in Article 3(9) as a change in the nature or functioning, or
an extension, of an installation or combustion plant, waste incineration plant or waste coincineration plant which may have significant negative effects on human health or the
environment. Article 63 qualifies further what a substantial change means in the context
of existing installations.
Article 63(1) provides that a change of the maximum mass input of organic solvents by
an existing installation averaged over 1 day, where the installation is operated at its
design output under conditions other than start-up and shut-down operations and
maintenance of equipment, shall be considered as substantial if it leads to an increase of
emissions of volatile organic compounds of more than:
(a) 25% for an installation carrying out either activities which fall within the lower
threshold band of items 1, 3, 4, 5, 8, 10, 13, 16 or 17 of the table in Part 2 of
Annex VII or, activities which fall under one of the other items of Part 2 of Annex
VII, and with a solvent consumption of less than 10 tonnes per year;
(b) 10% for all other installations.
This paragraph is based on Articles 2(4) and 2(28) of Directive 1999/13/EC, however,
changes have been made to its structure.
Under Article 63(2), where an existing installation undergoes a substantial change, or
falls within the scope of the IED for the first time following substantial change, that part of
the installation which undergoes the substantial change shall be treated either as a new
installation or as an existing installation, provided that the total emissions of the whole
installation does not exceed those that would have resulted had the substantially
changed part been treated as a new installation. This paragraph is identical to Article
4(4) of Directive 1999/13/EC.
Article 63(3) provides that in the case of a substantial change, the competent authority is
to check compliance of the installation with the requirements of the IED. This paragraph
is based on Article 9(2) of Directive 1999/13/EC.
Article 64 – Exchange of information on substitution of organic solvents
(transposition not required)
The Commission is to organise an exchange of information with the Member States, the
industry concerned and NGOs promoting environmental protection on the use of organic
solvents and their potential substitutes and techniques which have the least potential
effects on air, water, soil, ecosystems and human health.
The exchange of information should examine the following:
- fitness for use;
- the potential effects of organic solvents on human health and occupational
exposure;
- the potential effects on the environment; and
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-
the economic consequences, in particular the costs and benefits of the options
available.
This paragraph sets out an obligation for the Commission and therefore does not need
to be transposed into national legislation.
Article 65 – Access to information (adapted from existing component Directive with
modification)
Under Article 65(1), the decision of the competent authority, including at least a copy of
the permit, and any subsequent updates, shall be made available to the public. In
addition, the general binding rules applicable for installation and the list of installations
subject to permitting and registration shall be made available to the public. This
paragraph is identical to the second and third subparagraphs of Article 12(1) of Directive
1999/13/EC.
Article 65(2) provides that the result of emissions monitoring undertaken in order to
comply with Article 60 shall be made available to the public. This paragraph is identical
to Article 12(2) of Directive 1999/13/EC.
Article 65(3) states that Articles 65(1) and 65(2) shall apply subject to the derogations
laid down in Articles 4(1) and 4(2) of Directive 2003/4/EC on public access to
environmental information.
This paragraph is based on Article 12(3) of Directive
1999/13/EC, however, there is a change of reference to Directive 2003/4/EC.
CHAPTER VI – SPECIAL PROVISIONS FOR INSTALLATIONS PRODUCING
TITANIUM DIOXIDE
Articles 66 – 70
This chapter is not of relevance to this public consultation as Ireland does not have a
titanium dioxide industry.
CHAPTER VII – COMMITTEE, TRANSITIONAL AND FINAL PROVISIONS
Article 71 – competent authorities (adapted from existing component Directive with
modification)
Under this Article, Member States are to designate the competent authorities responsible
for carrying out the obligations arising from this Directive. The EPA is the competent
authority for the implementation of the IPPC Directive (2008/1/EC), the Waste
Incineration Directive (2000/76/EC), the Large Combustion Plants Directive
(2001/80/EC) and the VOC Solvents Directive (99/13/EC) in Ireland and it is proposed
that the EPA should continue in this role for the purposes of implementing the IED.
This Article is based on Article 2(8) of Directive 2008/1/EC, the rewording turns it into an
active obligation to designate the competent authority or competent authorities as the
case may be.
Article 72 – reporting by member states (transposition not required)
Member States are required in Article 72 to make available in electronic format
information relating to emissions and other forms of pollution, emission limit values and
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the application of best available techniques, the granting of exemptions and details of
progress made concerning the development and application of emerging techniques.
It is envisaged that the reporting requirements of operators and Member States will tie in
with the reporting requirements and arrangements for the European Pollutant Release
and Transfer Register (E-PRTR).
This Article does not require to be transposed into national legislation but must be
applied in practice.
Article 73 – review (transposition not required)
The Commission is required under Article 73(1) to submit to the European Parliament
and to the Council a report reviewing the implementation of the IED by 7 January 2016,
and every 3 years thereafter.
The Commission is required under Article 73(2), by 31 December 2012, to review the
need to control emissions from the combustion of fuels in installations with a total rated
thermal input below 50MW, the intensive rearing of cattle and the spreading of manure.
The Commission is required under Article 73(3) to report, by 31 December 2011, on the
establishment in Annex I to the IED of:
o
differentiated capacity thresholds for the rearing of different poultry species,
including the specific case of quail, and
o
capacity thresholds for the simultaneous rearing of different types of animals
within the same installation.
Article 74 – amendments of annexes (transposition not required)
Article 74 provides that the Commission may adapt the provisions of the IED to scientific
and technical progress on the basis of best available techniques by adopting delegated
acts in accordance with set procedures.
Article 75 – committee procedure (transposition not required)
The IED provides for a new Article 75 Committee to be established which will in due
course replace the Article 19 Committee established under the IPPC Directive. The
purpose of the Article 75 Committee is to provide assistance to the Commission in
determining a number of provisions foreseen in the IED. Ireland is an active participant
on this Committee.
Article 76 – exercise of the delegation (transposition not required)
Article 76 confers the power on the Commission to adopt the delegated acts referred to
in Article 48(5) and Article 74 for a period of 5 years from 6 January 2011.
Article 77 – revocation of the delegation (transposition not required)
Under Article 77, the European Parliament or the Council can revoke the delegation of
power referred to in Article 48(5) and Article 74 at any time.
Article 78 – Objection to delegated acts (transposition not required)
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Under Article 78, the European Parliament or the Council may object to a delegated act
within a period of 2 months from the date of notification. This period can be extended by
a further 2 months at the initiative of the European Parliament or Council.
Article 79 – penalties (adapted from existing component Directives with modification)
The IED requires Member States to determine penalties applicable to breaches of the
national provisions adopted pursuant to the IED. Similar provisions were included in the
VOC Solvents, Waste Incineration and the LCP Directives. The penalties utilised are to
be effective, dissuasive and proportionate.
This paragraph sets out a direct obligation for Member Sates by setting the provisions for
the determination of penalties and the deadline for reporting.
Article 80 – transposition (transposition not required)
Member States are required to transpose the IED into national law by 7 January 2013.
Ireland will have to communicate how the IED has been transposed to the Commission
by the transposition deadline.
Article 81 – repeal (transposition not required)
The IPPC Directive (2008/1/EC), VOC Solvents Directive (99/13/EC) and the Waste
Incineration Directive (2000/76/EC) will be repealed with effect form 7 January 2014.
The Large Combustion Plants (LCP) Directive (2001/80/EC) will be repealed with effect
from 1 January 2016.
Article 82 – transitional provisions (transposition not required)
Certain provisions of the IED follow the following implementation dates:
- implementation from 7 January 2013 in respect of any installation new after that
date,
- implementation from 7 January 2014 in respect of installations already in
existence before 7 January 2013 (except existing large combustion plants),
- existing large combustion plants do not become subject to the requirements of
Chapter III of the IED until 1 January 2016 remaining until that date subject to the
relevant requirements of Directive 2001/80/EC, and
- implementation by 7 July 2015 in respect of industrial activities not subject to the
current IPPC Directive (2008/1/EC).
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ANNEX I – CATEGORIES OF ACTIVITIES REFERRED TO IN ARTICLE 10 (i.e. IPPC
activities)
Annex I clarifies the scope of the IPPC activities covered under the IED. In some cases,
the IED provides a rewording of some activities, incorporates new thresholds for other
activities, and includes additional activities.
The amendments are as follows:
1
Energy industries
1.1
Combustion of fuels in installations with a total rated thermal input of 50MW or
more
This point is based on 1.1 of Annex I of Directive 2008/1/EC. However, there is a
significant change in that combustion installations with a rated thermal input of 50 MW
are now included. (However, as the Irish transposing legislation for Directive 2008/1/EC
applies to “the operation of combustion installations with a rated thermal input equal to or
greater than 50MW”, this change to this point does not have implications in the Irish
context).
1.4
Gasification of liquefaction of: (a) coal; (b) other fuels in installations with a total
rated thermal input of 20 MW or more.
This point is based on point 1.4 of Annex I to Directive 2008/1/EC. However, 1.4(b) is a
new element.
4
Chemical industry
Chemical industry now includes activities concerning production by biological
processing.
4.1
Production of organic chemicals
While this point is based on point 4.1 of Annex I to Directive 2008/1/EC, the removal of
the word “basic” is a new element.
4.2
Production of inorganic chemicals
While this point is based on point 4.2 of Annex I to Directive 2008/1/EC, the removal of
the word “basic” is a new element.
4.4
Production of plant protection products or of biocides
While this point is based on point 4.4. of Annex I to Directive 2008/1/EC, the removal of
the word “basic” is a new element.
5
5.1
Waste Management
Disposal or recover of hazardous waste with a capacity exceeding 10 tonnes per
day involving one or more of the following activities:
(a) biological treatment;
(b) physico-chemical treatment;
(c) blending or mixing prior to submission to any of the other activities listed in
points 5.1 and 5.2;
(d) repackaging prior to submission to any of the other activities listed in points
5.1 and 5.2;
(e) solvent reclamation/regeneration;
(f) recycling/reclamation of inorganic materials other than metals or metal
compounds;
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(g) regeneration of acids or bases;
(h) recovery of components used for pollution abatement;
(i) recovery of components from catalysts;
(j) oil re-refining or other reuses of oil;
(k) surface impoundment.
Although this point is based on point 5.1 of Annex I to Directive 2008/1/EC, there are
changes in that activities are now named explicitly instead of by reference to the Waste
Directive.
5.2
Disposal or recovery of waste in waste incineration plants or in waste coincineration plants:
(a) for non-hazardous waste with a capacity exceeding 3 tonnes per hour;
(b) for hazardous waste with a capacity exceeding 10 tonnes per day.
Although this point is based on points 5.1 and 5.2 of Annex I to Directive 2008/1/EC,
there is a change in scope.
5.3(a) Disposal of non-hazardous waste with a capacity exceeding 50 tonnes per day
involving one or more of the following activities, and excluding activities covered
by Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water
treatment:
(i) biological treatment;
(ii) physico-chemical treatment;
(iii) pre-treatment of waste for incineration or co-incineration;
(iv) treatment of slags and ashes;
(v) treatment in shredders of metal waste, including waste electrical and
electronic equipment and end-of-life vehicles and their components.
Although this point is based on point 5.3 of Annex I to Directive 2008/1/EC, activities not
covered by the scope of that Directive (activities other than points (i) and (ii)) are now
included.
5.3(b) Recovery, or a mix of recovery and disposal, of non-hazardous waste with a
capacity exceeding 75 tonnes per day involving one or more of the following
activities, and excluding activities covered by Directive 91/271/EEC:
(i) biological treatment;
(ii) pre-treatment of waste for incineration or co-incineration;
(iii) treatment of slags and ashes;
(iv) treatment in shredders of metal waste, including waste electrical and
electronic equipment and end-of-life vehicles and their components.
When the only waste treatment activity carried out is anaerobic digestion, the
capacity threshold for this activity shall be 100 tonnes per day.
This is a new activity.
5.5
Temporary storage of hazardous waste not covered under point 5.4 pending any
of the activities listed in points 5.1, 5.2, 5.4 and 5.6 with a total capacity
exceeding 50 tonnes, excluding temporary storage, pending collection, on the
site where the waste is generated.
This activity was only covered in part by Directive 2008/1/EC.
5.6
Underground storage of hazardous waste with a total capacity exceeding 50
tonnes.
This point is based on point 5.1 of Annex I to Directive 2008/1/EC,
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6
6.1
Other activities
Production in industrial installations of:
(a) pulp from timber or other fibrous materials;
(b) paper on card board with a production capacity exceeding 20 tonnes per day;
(c) one or more of the following wood-based panels: oriented strand board,
particleboard or fibreboard with a production capacity exceeding 600m3 per day.
Points (a) and (b) of this point are based on point 6.1 of Annex I to Directive 2008/1/Ec,
but point (c) is a new element.
6.4
(b) Treatment and processing, other than exclusively packaging, of the following
raw material, whether previously processed or unprocessed, intended for the
production of food for feed from:
(i) only animal raw materials (other than exclusively milk) with a finished product
production capacity greater than 75 tonnes per day;
(ii) only vegetable raw materials with a finished product production capacity
greater than 300 tonnes per day or 600 tonnes per day where the installation
operates for a period of no more than 90 consecutive days in any year;
(iii) animal and vegetable raw materials, both in combined and separate products,
with a finished product production capacity in tones per day greater than:
- 75 if A is equal to 10 or more; or
- [300- (22,5 x A)] in any other case
Where “A” is the portion of a animal material (in percent of weight) of the finished
product production capacity.
Packaging shall not be included in the final weight of the product.
This subsection shall not apply where the raw material is milk only.
Although this point is based on point 6.4(b) of Annex I to Directive 2008/1/EC, it is
reworded.
6.10
Preservation of wood and wood products with chemicals with a production
capacity exceeding 75 m3 per day other than exclusively treating against
sapstain.
This is a new point.
6.11
Independently operated treatment of waste water not covered by Directive
91/271/EEC and discharged by an installation covered by Chapter II
This is a new point.
ANNEX II – LIST OF POLLUTING SUBSTANCES
The changes to Annex II from Annex III to Directive 2008/1/EC are that:
 air discharges now also include fine particulate matter in addition to dust; and
 substances listed in Annex X to Directive 2000/60/EC (the Water Framework
Directive) are now included in Annex II.
ANNEX III – CRITERIA FOR DETERMINING BEST AVAILABLE TECHNIQUES
This annex is based on Annex IV to Directive 2008/1/EC. There are changes to point 12
and the introduction to the annex.
ANNEX IV – PUBLIC PARTICIPATION IN DECISION-MAKING
This annex is in the main identical to Annex V to Directive 2008/1/EC.
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ANNEX V – TECHNICAL PROVISIONS RELATING TO COMBUSTION PLANTS
Annex V sets more stringent emission limit values, aligned with best available
techniques, for certain categories of combustion plants and pollutants.
Part 1 – Emission limit values for combustion plants referred to in Article 30(2)
This part of Annex V contains revised emission limit values for existing combustion
plants.
Part 2 – Emission limit values for combustion plants referred to in Article 30(3)
This part of Annex V contains revised emission limit values for new combustion plants.
Part 3 – Emission monitoring
This part of Annex V is based on existing provisions of Directive 2001/80/EC.
Part 4 – Assessment of compliance with the emission limit values
The part of Annex V is new.
Part 5 – Minimum rate of desulphurisation
Part 6 – Compliance with rate of desulphurisation
While parts 5 and 6 of Annex V are new, their application is linked to an optional
provision of the IED and so will only need be transposed if Ireland chooses to use the
provisions regarding the rate of desulphurisation in Article 31 of the IED.
Part 7 – Average emission limit values for mulit-fuel firing combustion plants within a
refinery
Although this part of Annex V is new, its application is linked to an optional provision of
the IED and so will only need to be transposed if Ireland chooses to apply the emission
limit values in Part 7 to multi-fuel firing combustion plants within a refinery as provided
for in Article 40(3).
ANNEX VI – TECHNICAL PROVISIONS RELATING TO WASTE INCINERATION
PLANTS AND WASTE CO-INCINERATION PLANTS
Part 1 – Definitions
(a) ‘existing waste incineration plant’
(b) ‘new waste incineration plant’
The definition of (a) ‘existing waste incineration plant’ is based on a definition of Directive
2000/76/EC. However, the definition of (b) ‘new waste incineration plant’ is new.
Part 4 – Determination of air emission limit values for the co-incineration of waste
This part of Annex VI is based on existing provisions of Directive 2000/76/EC.
Part 6 – Monitoring of emissions
This part of Annex VI is based on existing provisions of Directive 2000/76/EC. The
changes made to it relate to provisions of non-mandatory nature.
Part 8 – Assessment of compliance with emission limit values
This part of Annex VI is based on existing provisions of Directive 2000/76/EC. The
changes made to it relate to provisions of a non-mandatory nature.
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66
ANNEX VII – TECHNICAL PROVISIONS RELATING TO INSTALLATIONS AND
ACTIVITIES USING ORGANIC SOLVENTS
Part 3 – Emission limit values for installations of the vehicle coating industry.
This part of the Annex VII is based on part II of Annex IIA to Directive 1999/13/EC.
Part 4 – Emission limit values relating to volatile organic compounds with specific risk
phrases
This part of Annex VII is based on existing provisions of Directive 1999/13/EC
Part 5 – Reduction scheme
This part of Annex VII is identical to point 2 of Part II of Annex IIA to Directive
1999/13/EC and the changes to it relate to provisions of a non-mandatory nature.
Part 6 – Emission monitoring
This part of Annex VII is based on Article 8 of Directive 1999/13/EC.
Part 7 – Solvent management plan
This part of Annex VII is based on Annex III of Directive 1999/13/EC.
ANNEX VIII – TECHNICAL PROVISIONS RELATING
PRODUCING TITANIUM DIOXIDE
Ireland does not have a titanium dioxide industry.
TO
INSTALLATIONS
ANNEX IX Part A - Repealed Directives with their successive amendments
Part B – List of time-limits for transposition into national law and application
Annex IX does not need to be transposed into Irish law.
ANNEX X – CORRELATION TABLE
Annex X does not need to be transposed into Irish law.
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67
Appendix 4
Summary table of key dates and actions under the IED
Issue
Deadline (if laid
down in the IED)
06/01/2011
07/07/2011
Entry into force
COM Proposal for implementing rules
concerning the determination of the start-up
and shut-down periods (Art. 3(26) and
Annex V, Part 4, point 1) and Transitional
National Plans
Review on animal rearing activities
31/12/2011
Review on combustion plants below 50
31/12/2012
MW, intensive rearing of cattle and
spreading of manure
Transitional National Plans to be
01/01/2013
communicated by Member States to the
Commission
Member States report on combustion plants
07/01/2013
being part of small isolated systems
End of transposition deadline and
07/01/2013
implementation date for articles mentioned
in Art. 80(1) (unless mentioned otherwise in
Art. 82)
Communication by Member States to the
upon adoption of
Commission of the text of main provisions of relevant national
national law adopted in the field covered by
law
IED
Application of new emission limit values for
07/01/2013
new combustion plants which co-incinerate
waste
Report on the need to establish new Union31/12/2013
wide ELVs and/or to amend the ELVs of
Annex V for certain combustion plants
Repeal of Directives 78/176/EEC,
07/01/2014
82/883/EEC, 92/112/EEC, 1999/13/EC,
2000/76/EC, 2008/1/EC
Implementation date for articles mentioned
07/01/2014
in Art. 80(1) for existing installations
already falling under the scope of Directive
2008/1/EC
Implementation of articles 58 and 59(5)
01/06/2015
(new classification of hazardous substances
in organic solvents according to Regulation
1272/2008)
RIA – Industrial Emissions Directive
Legislative
reference
Art. 83
Art. 41
Responsible
Art. 73(3)
Art. 73(2)
Commission
Commission
Art.32(5)
Member States
Art.34(3)
Member States
Art. 80
Member States
Art. 80(2)
Member States
Art. 82(6)(b)
Member States
Art. 30(9)
Commission
Art. 81(1)
-
Art. 82(1)
Member States
Art. 82(7)-(9)
Member States
Commission
68
Report on delegated power
Implementation date for existing
installations operating Annex I activities not
covered by Directive 2008/1/EC
Member States report on limited lifetime
derogation (list of plants, emission limit
values, operating hours used)
Implementation date of provisions of
Chapter III for combustion plants falling
under Art. 30(2)
Application of new emission limit values for
existing combustion plants which coincinerate waste
Repeal of Directive 2001/80/EC
Report reviewing the implementation of the
IED
Report emission inventories of combustion
plants
06/07/2015, and
then every five
years
07/07/2015
Commission
Art. 82(2)
Member States
01/01/2016
and then every
year
01/01/2016
Art.33(2)
Member States
Art. 82(3)
Member States
01/01/2016
Art. 82(6)(a)
Member States
01/01/2016
Art. 81(2)
-
07/01/2016, and
then every three
years
31/12/2019
and then every
three years
31/12/2019
and then every
year
31/12/2019
Art. 73(1)
Commission
Art. 72(3)
Member States
Art. 72(4)
Member States
Art.34(1)
Member States
Art.31(3)
Commission
Art.32(1)
Art. 72(3)
Member States
Commission
Art.35(1)
Member States
Art.33(1)
Art.13(3)(c) and
(d)
Member States
Commission
Art.15(4)
Commission
Art.22(2)
Commission
Art.23(4)
Commission
Report data for combustion plants to which
Art. 31 applies and for those operating less
than 1500 hours per year
End date for small isolated systems'
derogation
Review the possibility of applying minimum
31/12/2019
rates of desulphurisation
End date for Transitional National Plans
30/06/2020
Summary report on emissions of combustion 31/12/2020, and
plants
then every three
years
End date for district heating plants'
31/12/2022
derogation
End date for limited lifetime derogation
31/12/2023
Adoption of guidance on the collection of
data, and on the drawing up of BREFs (via
committee)
Possible adoption of guidance on the criteria
for derogation
Adoption of guidance on the content of the
baseline report
Possible adoption of guidance on the criteria
for appraisal of environmental risks for
inspections
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Art.76(1)
69
Adoption of guidance to assist MS in
emerging techniques
Adoption of delegated acts on the date of
continuous measurements of emissions from
waste (co-)incinerators
Adoption of implementing acts on the type,
format and frequency of information to be
reported by MS
Adoption of delegated acts on the adaptation
of annexes to scientific and technical
progress
Adoption of guidance on the relationship
between waste management activities, and
on the interpretation of "industrial scale"
RIA – Industrial Emissions Directive
-
Art.27(2)
Commission
-
Art.48(5)
Commission
-
Art.72(2)
Commission
-
Art.74
Commission
-
Annex I chapeau
Commission