Analysis of the reports submitted by Member States on the implementation of directive 2008/1/EC, Directive 2000/76/EC, Directive 1999/13/EC and further development of the web platform to publish the information Draft report on subtask 3.1: Analysis of Member States implementation of IPPC and WI Directives – Annex A: Member States WI factsheets Report to the European Commission Unrestricted Commercial Issue1 April 2010 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Title Analysis of the reports submitted by the Member States and the further development of the web platform to publish the information Customer European Commission Customer reference ANV.C.4/FRA/2007/0011 Confidentiality, copyright and reproduction Unrestricted File reference Reference number Marie Leverton AEA Gemini Building Harwell IBC Didcot OX110QR UK t: 0870 190 2817 f: 0870 190 5545 AEA is a business name of AEA Technology plc AEA is certificated to ISO9001 and ISO14001 Author Name Approved by Name Liesbet Goovaerts (VITO) Katrijn Alaerts (VITO Ive Vanderreydt (VITO) Signature Date AEA Energy & Environment iii Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Table of contents Annex A iv 5 AEA Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Annex A Annex A sets out the detailed overviews of the Member States responses to the questionnaire. For each Member State a individual fact sheet is drafted containing: - The main text given in the response to each qualitative question by means of a short summary. This short summary presents the most relevant information provided by the MS in relation to each question. The questions are structured using the 6 main categories, used in the reporting tool. The qualitative questions are further split into subcategories providing an overview of specific practical approach and experiences of the Member States for each of the main categories. - Presentation of the Member States quantitative data in tables; - The completeness table, which indicates the degree to which the answers comply with the requirements of the questionnaire. The method described in the main report is used; - A summary on the status of implementation. This summary describes whether or not all requirements are implemented into a functional and effective practical systems. These fact sheets were presented to the Member States for approval. All comments, clarifications and additional information provided by the Member States were taken into account. These fact sheets are used as the basis for the analysis made in previous chapters. AEA Group 5 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report LITHUANIA Overview of the answers The table below presents the detailed analysis of Lithuania’s responses to each question of the questionnaire, by means of a short summary or standardised answer where appropriate. Comments regarding the adequacy of the answers in relation to the requirements of the questionnaire are added where necessary. AEA Group 6 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Table 1: Lithuania – overview of the answers Main category Question number – sub question reporting tool Subcategory: approach or experiences Summary of MS response Comments Question (Q) 1 Category: DEFINITIONS Subcategory: Specific Member States approach NO related questions asked Subcategory: Experiences of Member States 1.1 Please describe any problems with the definitions given in Article 3 identified when transposing and implementing the Directive? - 2 Waste Hazardous waste Mixed municipal waste Incineration plant Co-incineration plant Existing incineration or co-incineration plant Nominal capacity Emission Emission limit value Dioxins and furans Operator Permit Residue - Category: NUMBER OF INSTALLATIONS/PERMITS/WASTE (CO)-INCINERATED Subcategory: Specific Member States approach NO related questions asked Subcategory: Experiences of Member States 2.1 Please give information on number of installations, permits and permitted capacities that fall within the scope of the Directive. See Table 2 below. 7 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Main category Question number – sub question reporting tool 2.2 2.3 Subcategory: approach or experiences Summary of MS response Question (Q) Have any mobile plants received permits under this Directive? Please specify. No Comments Please give information on the waste that has been co-incinerated For cement kilns - wood waste: non-hazardous - plastics: non-hazardous - textiles: non-hazardous - other (please specify): EU waste catalogue code: 160103, 200101,150101 non-hazardous 2.4 3 How many co-incineration plants are subject to the emission limits provided in Annex V of the Directive (i.e. where co-incineration of untreated municipal waste is undertaken or more than 40 % of the heat release results from the combustion of hazardous waste)? 0 Category: PERMIT Subcategory: Specific Member States approach 3.1 3.1.1 What provisions are made within the permitting process for: Identifying the quantities and categories of hazardous waste that may be treated AEA Group No information is provided on how these quantities, categories, flows, ranges of calorific values and restrictions are determined within the permitting process. Pursuant to national legislation (Art. 11.1 of Order No 699 of 31 December 2002 by the Minister of Environment) permits issued to incineration and co-incineration plants that incinerate hazardous waste must indicate the quantities of the different types of hazardous waste that may be incinerated. In the original answer the EWC codes and mass flows of hazardous wastes that have been permitted, are listed. 8 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Question number – sub question reporting tool 3.1.2 Main category Subcategory: approach or experiences Question (Q) The minimum and maximum flows of hazardous wastes to be treated Summary of MS response Pursuant to national legislation (Art. 11.2 of Order No 699 of 31 December 2002) permits issued to incineration and co-incineration plants that incinerate hazardous waste must indicate: the maximum and minimum mass flows of the hazardous wastes their maximum and minimum calorific values the maximum permitted contents of polluting hazardous components, e.g. PCB, PCP, chlorine, fluorine, sulphur, heavy metals, for these types of waste. Comments Answer not entirely clear: does the last remark mean that in practice only maximum flows are specified in the permit? Plant permits indicate the maximum flows of hazardous wastes. 3.1.3 The range of calorific values of hazardous wastes permitted See answer to question 3.1.2. 3.1.4 Restrictions on the content of pollutants e.g; PCB, PCP, chlorine, fluorine, sulphur, heavy metals See answer to question 3.1.2. 3.4 For incineration plants, what measures are in place (in addition to the report requested under Article12(2), if any) to ensure that plants are designed, equipped, built and operated to so that the emission limit values (as set out in Annex V of the Directive) are not exceeded? Art. 6 (1-3)(5-7) of the WID are transposed into national legislation (Chapter IV of Order No 699 of 31 December 2002) in similar wordings. Additionally it is stated that: incineration and co-incineration plants must be equipped with automatic measuring devices. measurement methods must be applied that allow verification of the control and monitoring of the appropriate parameters, conditions and concentrations, expressed in units of mass. 3.5 For co-incineration plants, what measures are in place (in addition to the report requested under Article12 (2), if any) to ensure that plants are designed, equipped, built and operated to so that the emission limit values (as set out in Annex II of the Directive) are not exceeded? See answer to question 3.4. 3.7 For releases to air from incineration and coincineration plants, have emission limit values additional to those given in Annex II or Annex V, as appropriate, been set? No 3.8 How are emission limit values for discharges of waste water from flue gas cleaning equipment to the aquatic environment determined? Identical to Annex IV 9 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Question number – sub question reporting tool 3.9 3.10 3.11 Main category Subcategory: approach or experiences Summary of MS response Question (Q) Have emission limit values been set for pollutants discharged to water, in addition to the pollutants specified in Annex IV? No What operational control parameters are set within the permitting process for waste water discharges? pH Temperature Flow Remarks Pursuant to national legislation (Order No 699 of 31 December 2002) permits for the discharge of waste water into bodies of water must specify control parameters for waste water purification technology, at least for pH, temperature and flow (quantity of waste water). Plant permits do not specify operational control parameters for waste water since no waste water is produced when cleaning exhaust gases. What provisions have been made to ensure protection of soil, surface waters or groundwater in accordance with Article 8(7)? Art. 8(7) of the WID is transposed into national legislation (Order No 699 of 31 December 2002) in similar wordings. Comments Plant permits state that: Sites that may be subject to pollution must be covered with a hard, water-resistant surface (asphalt, asphalt cement, cement or similar) and constructed in such a way that surface waste water does not run onto the adjacent site area and water from the adjacent site area does not run onto the surface concerned. Municipal waste water is released into treatment plants. Surface waste water (rain) is collected, channelled via conduits into enclosed water reservoirs, and used the in manufacturing process or released into water bodies. 3.12 What criteria are used to ensure that storage capacity is adequate for waters to be tested and treated before discharge where necessary? See answer to question 3.11. Criteria for ensuring adequate storage capacity are not specified. 3.13 What provisions in general have been made to minimize the quantities and harmfulness of residues resulting from incineration or coincineration plants? Art. 9 of the WID is transposed into national legislation (Order No 699 of 31 December 2002) in similar wordings. Additionally it is stated that ash and particulates resulting from the cleaning of gases must be delivered to a waste management undertaking. Full citation of the relevant national legislation can be found in the original answer. Where waste is incinerated in a cement kiln no residue is created since all residue is rendered into a component for the manufacture of clinker. AEA Group 10 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Question number – sub question reporting tool 3.14 Main category Subcategory: approach or experiences Question (Q) Are the requirements of the permit for the measurement of pollutants to air and process operation parameters identical to those set out in Article 11(2)? 3.15 Are the requirements of the permit for the measurement of pollutants to water identical to those set out in Article 11(14-15)? 3.16 What provisions are made within the permitting process, as regards to air emissions, to ensure compliance with the provisions of Summary of MS response Comments Yes Yes 3.16.1 Article 11 paragraph 8? Art. 11(8) of the WID is transposed into national legislation (Order No 699 of 31 December 2002) in similar wordings. Only paragraph (c) concerning exemptions for wastes incinerated in an oxygen enriched environment has been omitted. Full citation of the relevant national legislation can be found in the original answer. 3.16.2 Article 11 paragraph 9? Pursuant to national legislation (Order No 699 of 31 December 2002): pollutant measurements may be carried out only by laboratories holding permits issued in accordance with a procedure laid down by the Ministry of Environment the apparatus used for analysis must be verified and calibrated measurements of pollutants emitted by stationary sources of air pollution must be carried out in accordance with the basic requirements laid down in the methodological recommendations approved by national legislation operators must register the results of measurements and, when requested to do so, forward these results to officials responsible for control of environmental protection. reports on pollutants emitted into the environment must be provided in accordance with legislation governing the drafting and provision of such reports. operators must maintain a register of the characteristics of stationary sources of air pollution in accordance with the provisions of national legislation (order No 150 of 15 March 2001). 3.16.3 Article 11 paragraph 11 ? Art. 11(11) of the WID is transposed into national legislation (Order No 699 of 31 December 2002) in similar wordings. Full citation of the relevant national legislation can be found in the original answer. 3.16.4 Article 11 paragraph 12? National legislation (Order No 699 of 31 December 2002) provides that: the average values in the case of periodical measurements of HF, HCl and SO2 and the values over the sampling period for these pollutants shall be determined in accordance with Annex III of the WID. the operator shall constantly monitor the workings and technical condition of the automatic devices for measuring air and water pollutants. These devices must be No information is provided on the location of the sampling and measurement points. 11 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Question number – sub question reporting tool Main category Subcategory: approach or experiences Summary of MS response Comments Question (Q) calibrated at least once every three years (by an authorised institute) while at the same time carrying out measurements based on the reference methods 3.17 What provisions are made within the permitting process, as regards to water emissions, to ensure compliance with the provisions of Article 11 paragraph 9? Pursuant to national legislation (Order No 699 of 31 December 2002): operators must register the results of measurements and, when requested to do so, forward these results to officials responsible for control of environmental protection. reports on pollutants emitted into the environment must be provided in accordance with legislation governing the drafting and provision of such reports. Economic operators must maintain a register of pollutants discharged in waste water in accordance with the requirements laid down in national legislation (Order No 171, 2001). 3.18 What compliance regime is applied for emissions to air and water according to Article 11 paragraphs 10 and 16, respectively? Art. 11(10) and (16) are transposed into national legislation (Order No 699 of 31 December 2002) in similar wordings. Full citation of the relevant national legislation can be found in the original answer. For air: 3.19 Option box: Identical to Article 11(10)/More stringent compliance regime For water: Option box: Identical to Article 11(16)/More stringent compliance regime Please describe any official guidance that has been developed on producing validated daily average emission data (Article 11, paragraph 11)? identical identical Art. 11(11) has been transposed into national legislation (Order No 699 of 31 December 2002) in similar wordings. Full citation of the relevant national legislation can be found in the original answer. No further official guidance is reported. 3.20 What are the procedures for informing the competent authority in the event of breach of an emission limit? National legislation (Order No 699 of 31 December 2002) states that: where measurements show that the ELVs for air or water are exceeded, the operator must immediately notify the responsible regional environmental protection department. the means of notification must be specified in permits issued by the regional environmental departments. Subcategory: Experiences of Member States AEA Group 12 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Main category Question number – sub question reporting tool Subcategory: approach or experiences Summary of MS response Question (Q) What wastes have been considered to be ‘inappropriate’ for representative sampling? Some Type: 180103, 180202 Reasoning: - 3.3 With regard to the furnace gas residence times and temperatures laid out in Article 6(1) and Article 6 (2): have any exemptions from the operating conditions been granted in accordance with Article 6(4)? No 3.6 For cement kilns co-incinerating waste, have any exemptions from the emission limits for NOx, dust, SO2 or TOC been granted in accordance with Annex II.1? Yes 3.6.1 If yes, how many exemptions have been granted? 2 3.6.2 If yes, where these data are available, please describe the reasoning for granting the derogation(s) for each case (optional) 3.2 - Capacity of the cement kiln (tonnes per hour): New or existing: Reasoning for granting the derogation (only for TOC and SO2) Limit values (unit): Comments 15-18 existing NOx: 1200 mg/Nm³ Dust: 50 mg/Nm³ 4 - Related time period other - Remarks The exemption was in force until 1 January 2008. Time period not specified. Category: Public participation Subcategory: Specific Member States approach 13 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Question number – sub question reporting tool 4.1 Main category Subcategory: approach or experiences Summary of MS response Comments Question (Q) What arrangements are made to ensure public participation in the permitting process? Remarks: - type of permit new and updated - public availability of the permit application period that the public is enable to comment public availability of the final decision on the permit application at regional authority office - 4.2 10-30 days at regional authority office With regard to the availability of information throughout the permitting process: 4.2.1 Is there any information related to environmental aspects not publicly available on the application, decision process and subsequent permit? No 4.2.2 Where these data are available, please specify whether this information is available free of charge (optional) Yes 4.3 For incineration plants and co-incineration plants with a nominal capacity of two tonnes or more per hour, what provisions are made to require an operator to submit an annual report on the functioning and monitoring of the plant to the competent authority? Pursuant to national legislation (Art. 10.4 of Order No 699 of 31 December 2002) incineration and co-incineration plants must provide annual reports on the operation of the plant, incineration methods, and the monitoring of pollutants emitted (discharged) into air and water (comparing this data to the limit values laid down). Reports must be provided in accordance with national legislation on the procedure for reporting environmental emissions (Order No 408 of 20 December 1999) and the rules on waste management (Order No 722 of 30 December 2003). 4.4 What information are these Annual Reports required to contain? - Remarks: Annual reports provide the following information: 1. Water: concentration and quantity of pollutants in waste water prior to and after treatment waste water treatment plant indicators AEA Group Account of the running of the process Emissions into air compared to standards set in the Directive Emissions into water compared to standards set in the Directive Types of waste that are incinerated Other (see remarks) 14 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Main category Question number – sub question reporting tool Subcategory: approach or experiences Summary of MS response Comments Question (Q) 2. 3. application of safety measures classification of waste water by purification quality waste water discharge site parameters Atmosphere: quantity of pollutants emitted to air without cleaning, picked up in cleaning devices and rendered harmless through treatment characteristics of sources or pollution operational indicators of cleaning plants implementation of measures to reduce air pollution Type and quantity of waste incinerated 4.5 How are the annual reports made available to the public? All annual reports are available from the competent authority upon request. 4.6 For incineration or co-incineration plants with a nominal capacity of less than two tonnes per hour, how are these plants publicly identified? The list of these plants is available through the internet Remarks: http://gamta.lt Subcategory: Experiences of Member States NO related questions asked 5 Category: Abnormal operation of installations Subcategory: Specific Member States approach 5.1 What provisions are made within a permit to control the period of operation of an incineration or co-incineration plant during abnormal operation (i.e. stoppages, disturbances or failure of abatement or monitoring equipment)? 5.2 For incineration and co-incineration processes what are the maximum permissible periods of operation during abnormal operation (i.e. before the plant must shut down)? Maximum permissible period with exceedence of emission limit values Art. 13 of the WID is transposed into National legislation (Order No 699 of 31 December 2002) in similar wordings. Full citation of the relevant national legislation can be found in the original answer. 3-4 hours 15 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Main category Question number – sub question reporting tool 6 Subcategory: approach or experiences Summary of MS response Question (Q) Maximum cumulative duration of periods exceeding ELV over one year 40-60 hours Subcategory: Experiences of Member States NO related questions asked Comments Category: Other Subcategory: Specific Member States approach NO related questions asked Subcategory: Experiences of Member States 6.1 What information, if any, do you have to suggest that the Directive should be amended with regards to 6.1.1 Articles 10 - 6.1.2 Articles 11 - 6.1.3 Articles 13 - 6.1.4 Annex I - 6.1.5 Annex III - 6.1.6 Other (optional) - AEA Group 16 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Member State quantitative data Table 2: Answer to question 2.1 Requested information total Number of installations within the scope of the Directive 2 1 3 Number of permits issued 2 1 3 Number of permits to be issued 0 0 0 - - - 2 1 3 Total permitted capacities of waste throughput, if available (optional) (tonnes/year) Number of plants that recover heat generated by the incineration process 1 existing1 new Existing plants are as defined in article 3 paragraph 6, new plants are all others 17 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Analysis of completeness Table 3 presents the level of completeness of the report of Lithuania Table 3: Lithuania – Completeness analysis table Question number, subquestion Level of completeness Comments 1.1 2.1 2.2 2.3 2.4 3.1 The answer is incomplete: some information on the permitting process is missing. Q 3.1.2: some unclearness remains owing to a last remark. 3.2 3.3 3.4 3.5 3.6 Q 3.6.2: No time period specified, but this question was optional. 3.7 3.8 3.9 3.10 3.11 3.12 The question is not answered: criteria for ensuring adequate storage capacity are not specified. 3.13 3.14 3.15 3.16 Q 3.16.4: Some information on the provisions of Art 11(12) is lacking. 3.17 3.18 3.19 3.20 AEA Group 18 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report 4.1 4.2 4.3 4.4 4.5 4.6 5.1 5.2 6.1 19 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Analysis of implementation status Lithuania provides an extensive, and generally very clear and complete overview of the national legislation and legal provisions in place to ensure compliance with the WI Directive. No difficulties with interpreting the Directive’s definitions are reported and no amendments are suggested. 3 installations fall within the scope of the Directive and were permitted, all of them recovering the heat generated in the incineration process. So far, no permits were granted to mobile plants. Various, non-hazardous types of waste are co-incinerated in cement kilns. None of the coincineration plants is subject to the emission limits of Annex V of the WID. The report shows no indications of important shortcomings in the implementation of the Directive. On the whole, full compliance with the provisions regarding the normal and abnormal operating conditions, ELVs for emissions to air and water, residues, monitoring, control and measurement requirements and public participation procedures is ensured by means of the requirements laid down in national legislation and specified in the permits. For a few aspects however, exemptions are applied or more ample requirements are adopted. Two derogations from the ELVs were granted to cement kilns, one for NOx and one for dust, valid until 1 January 2008. Infectious wastes from research or healthcare are exempted from the sampling requirements. It is reported that, although laid down by national legislation, plant permits do not specify operational control parameters for waste water since in the Lithuanian installations no waste water is produced for the cleaning of exhaust gases. Public participation is ensured throughout the permitting process for new and for updated permits. The application and the final decision can be viewed, free of charge, at the regional authority office for a period of 10 to 30 days. The annual reporting requirement is laid down by national legislation and the content as well as the procedures for submission of these reports is specified. The information to be submitted exceeds the requirements of the WI Directive. All annual reports can be obtained from the competent authority upon request. A specific list for plants with a capacity of less than 2 tonnes per hour is available through the internet. AEA Group 20 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report The Gemini Building Fermi Avenue Harwell International Business Centre Didcot Oxfordshire OX11 0QR Tel: 0845 345 3302 Fax: 0870 190 6138 E-mail: info@aeat.co,uk www.aeat-env.com 21