PREPARING FOR THE INDUSTRIAL
EMISSIONS DIRECTIVE
Webinar 15 May 2013
William Wilson, Barrister,
Burges Salmon LLP
Tel. +44 (0) 117 939 2289
william.wilson@burges-salmon.com
Philip Hay, Senior Consultant,
SKM Enviros
Tel. +44 (0) 7584 215 069
phay@globalskm.com
WHAT THIS WEBINAR WILL COVER
1.
2.
3.
4.
5.
6.
7.
8.
9.
Overview of Industrial Emissions Directive ‘IED’
Summary of Directives replaced
Significance of way IED is implemented
Aims, objectives, key features
The IED in more detail
Application Timing
Key differences in permitting
Examples of Key sector issues
Summary
Please note that we have more material than time, but the slides
will be made available if we have your email addresses
PREPARING FOR THE INDUSTRIAL
EMISSIONS DIRECTIVE 2010/75/EU
BURGES SALMON LLP
Leading UK law firm
Significant international client base
627 staff, 79 partners
London & Bristol offices
Leading environmental and energy law practice
www.burges-salmon.com
PREPARING FOR THE INDUSTRIAL
EMISSIONS DIRECTIVE 2010/75/EU
SKM Enviros
• Market leading consultancy providing water,
environmental, sustainability and health and
safety solutions
• 500 consultants in 20 offices
across the UK, Europe,
the Middle East and Africa
• Part of the Sinclair Knight Merz group, a global
engineering, sciences and project delivery firm
achieve outstanding client success
INDUSTRIAL EMISSIONS DIRECTIVE
2010/75/EU
KEY FEATURES
Recast of 7 existing Directives
covering industrial emissions
Includes Integrated Pollution
Prevention and Control 'IPPC' and
Large Combustion Plants 'LCP'
Directives
Important changes to Best Available
Techniques 'BAT' test, will affect
wide range of installations
Important provisions on limited life
time for some combustion plants
PREPARING FOR THE INDUSTRIAL
EMISSIONS DIRECTIVE 2010/75/EU
WHEN IN FORCE
Adopted 24 November 2010
Entered into force 6 January 2011
Transposition of most of IED was required by 7 January
2013
Transposing regulations for England and Wales, Scotland,
Northern Ireland, 2013
- Look out for differences in transposition!
Important rules and deadlines for obtaining permits
PREPARING FOR THE INDUSTRIAL
EMISSIONS DIRECTIVE 2010/75/EU
DIRECTIVES REPLACED
IPPC Directive 2008/EC – Integrated Pollution and
Control Directive
LCP Directive 2001/80/EC – Large Combustion Plants
Directive
WID Directive 2007/76/EC – Waste Incineration Directive
VOCs Directive 1999/13/EC Volatile Organic Compounds
Directive
Three TiO 2 Directives 78/176/EEC, 82/883/EEC,
92/112/EEC, Titanium Dioxide Directives
PREPARING FOR THE INDUSTRIAL
EMISSIONS DIRECTIVE 2010/75/EU
IPPC DIRECTIVE 2008/1/EC
Repealed 7 January 2014
Applies pollution control
and BAT to wide range of
installations – from
breweries and power plant
to very large pig farms
Energy, metals, minerals,
chemicals, waste
management and many
other activities
PREPARING FOR THE INDUSTRIAL
EMISSIONS DIRECTIVE 2010/75/EU
LARGE COMBUSTION PLANTS
DIRECTIVE 2001/80/EC
Limits emissions of pollutants to air from
large combustion plants – a key driver of
power station closure and replacement after
2016
Repealed 1 January 2016
Transitional National Plans (A.32) may allow
for derogations to 2020 for LCPs permitted
before 27 November 2002
Limited life time derogation (A.33) for certain
LCPs to 2023 where limited operations and
certain conditions apply
Other relevant derogations for Small
isolated systems (A.34) and District heating
plans (A.35)
PREPARING FOR THE INDUSTRIAL
EMISSIONS DIRECTIVE 2010/75/EU
WASTE INCINERATION DIRECTIVE
2000/76/EC
Repealed 7 January 2014
Controls on dust, NOx, SO2, HCl,
HF, heavy metals, dioxins, furans
from incinerators
PREPARING FOR THE INDUSTRIAL
EMISSIONS DIRECTIVE 2010/75/EU
VOCs DIRECTIVE 1999/13/EC
Repealed 7 January
2014
Limits VOCs from
solvents, e.g. printing,
cleaning, footwear
manufacture,
pharmaceuticals
PREPARING FOR THE INDUSTRIAL
EMISSIONS DIRECTIVE 2010/75/EU
THREE TiO 2 DIRECTIVES 78/116/EEC,
82/883/EEC, 92/112/EEC
Repealed 7 January
2014
Control production of
titanium dioxide, in
manufacturing processes
typically involving
sulphuric acid, e.g.
pigments in paints, ink
and paper
PREPARING FOR THE INDUSTRIAL
EMISSIONS DIRECTIVE 2010/75/EU
SIGNIFICANCE OF THE WAY IED IS
IMPLEMENTED
The ‘copy out’ debate and referential drafting: what it means and
why it matters
Much closer reliance by businesses, advisers, regulators on the
actual Directive text (rather than implementing regulations)
More scope for regulators to apply their own interpretations day to
day, but
At key points industry interpretation may vary from regulators and
may require a reasoned argument to be presented
For England and Wales - See now: Unofficial Consolidated
Environmental Permitting Regulations 2013 (Defra website)
Environmental Permitting Core Guidance (Defra 7 March 2013)
Industrial Emissions Directive EPR Guidance on Part A Installations
(Defra 7 March 2013) – applies to new installations now and to
existing installations from 7 January 2014.
PREPARING FOR THE INDUSTRIAL
EMISSIONS DIRECTIVE 2010/75/EU
SOME SIGNIFICANT DIFFERENCES
Stricter controls on nitrogen oxides, sulphur dioxide and dust
Stronger application of BAT test, and requirement for permit
conditions outside BAT to be justified
Land Quality – Tighter review processes
Minimum emission limit values tightened, e.g. for LCPs
Requires general binding rules on basis of BAT, and requires these to
be kept up to date
Some general rules have new, enhanced status and importance
Changes to scope – exemptions and newly included activities
PREPARING FOR THE INDUSTRIAL
EMISSIONS DIRECTIVE 2010/75/EU
IED CHAPTER I – ‘COMMON PROVISIONS’
A.2
A.3
A.4
A.5
A.6
A.7
A.8
A.9
Scope
Definitions
Obligations to hold a permit
Granting of a permit
General Binding Rules
Incidents and Accidents – see e.g. 7(c)
Non-compliance
Emission of greenhouse gases –
relationship with EU-ETS.
PREPARING FOR THE INDUSTRIAL
EMISSIONS DIRECTIVE 2010/75/EU
IED CHAPTER II – INSTALLATIONS
SUBJECT TO IPPC (1)
A.10 Scope
A.11 General principles governing the basic obligations of an
operator:
All appropriate measures against pollution
BAT are applied
No significant pollution caused
Generation of waste prevented – Directive 2008/98/EC
Where waste generated, waste hierarchy applied
Energy used efficiently
Necessary measures taken to prevent accidents and
limit their consequences
Necessary measures on definitive cessation of activities
to avoid risk of pollution and return site to satisfactory
state, defined in A.22.
PREPARING FOR THE INDUSTRIAL
EMISSIONS DIRECTIVE 2010/75/EU
IED CHAPTER II – INSTALLATIONS
SUBJECT TO IPPC (2)
A.12 Applications for permits
A.13 BAT reference documents and exchange of
information
A.14 Permit conditions all necessary measures to comply
with A.11 and A.18 PLUS important detail, e.g. on
ELVs and GBRs.
A.15 Emission Limit values, equivalent parameters and
technical measures
A.16 Monitoring requirements
A.17 General binding rules for activities listed in Annex 1
A.18 Environmental quality standards
A.19 Developments in best available techniques.
PREPARING FOR THE INDUSTRIAL
EMISSIONS DIRECTIVE 2010/75/EU
IED CHAPTER II – INSTALLATIONS
SUBJECT TO IPPC (3)
A.20
A.21
A.22
A.23
A.24
A.25
A.26
A.27
Changes by operators to installations
Reconsideration and updating of permit condition by
the competent authority
Site closure
Environmental inspections
Access to information and public participation in the
permit procedure
Access to justice
Trans boundary effects
Emerging techniques
PREPARING FOR THE INDUSTRIAL
EMISSIONS DIRECTIVE 2010/75/EU
CHANGES TO BAT AND BREFS
IPPC Bureau in Seville produces technical guidance notes called ‘BREFs’
on what constitutes Best Available Techniques ‘BAT’ in particular
industries
Examples of new provisions on BAT in IED
A.13
(2) to (7) new – BAT reference documents and exchange of
information
A.14
(3) to (5) new – Permit conditions
A.15
(2) to (5) new – Emission limit values, equivalent parameters and
technical measures
A.19
Further emphasis on updated BAT conclusions – developments in
BAT
A.21
(2) to (4) new – reconsidering and updating permit conditions by
competent authority
A.24
(2) new – access to information and public participation in the
permit procedure
PREPARING FOR THE INDUSTRIAL
EMISSIONS DIRECTIVE 2010/75/EU
WASTE MANAGEMENT ACTIVITIES
•
•
•
•
IED Annex 1 point 5.3(b) extends IPPC to
some non-hazardous waste activities.
A.3.37 IED defines waste as in A3.1 of
Directive 2008/98/EC
No reference in IED to A.2 of Directive
2008/98/EC (exclusions) - England and Wales
MAYBE technical units treating waste ARE
subject to IPPC/IED if over the threshold EVEN
IF excluded by 2008/98/EC
PREPARING FOR THE INDUSTRIAL
EMISSIONS DIRECTIVE 2010/75/EU
IED CHAPTER III – SPECIAL PROVISIONS
FOR COMBUSTION PLANTS
A.28
A.29
A.30
A.31
A.32
A.33
A.34
A.35
A.36
A.37
A.38
A.39
A.40
A.41
Scope
Aggregation Rules – A.29.3
Emission Limit values
Desulphurisation rate
Transitional National Plan – Defra & devolved administrations
Limited life time derogation – to 1 January 2014
Small isolated systems
District heating plants
Geological storage of carbon dioxide
Malfunction or breakdown of abatement equipment
Monitoring of emissions into air
Compliance with emission limit values
Multi-fuel combustion plants
Implementing rules
PREPARING FOR THE INDUSTRIAL
EMISSIONS DIRECTIVE 2010/75/EU
IED CHAPTER IV – WASTE INCINERATION
A.42 – A. 55
Some points to note Regulator for non-hazardous waste co-incineration
activities: Schedule 13
Removal of BAT requirements from incineration and coincineration installations not subject to IPPC
PCB and PAH monitoring – Annex VI Part 6, para 2.1 (c)
A42.1 – chapter does not apply to gasification and
pyrolysis plants if same conditions are met
PREPARING FOR THE INDUSTRIAL
EMISSIONS DIRECTIVE 2010/75/EU
IED CHAPTER V - ACTIVITIES USING
SOLVENTS
A.56 – A.65
Few changes to Solvent Emissions Directive
Preamble – Chapter V, Annex VII IED (Sched. 14 EPR
Regulations)
Registration option for solvent activities – A.4.1
Removal of BAT from solvent activities – current Part ‘B’
activities
PREPARING FOR THE INDUSTRIAL
EMISSIONS DIRECTIVE 2010/75/EU
IED CHAPTER VI – SPECIAL PROVISONS
FOR INSTALLATIONS PRODUCING
TITANIUM DIOXIDE
A.66 – A.70
Annex VIII applies
PREPARING FOR THE INDUSTRIAL
EMISSIONS DIRECTIVE 2010/75/EU
IED CHAPTER VII COMMITTEE,
TRANSITIONAL AND FINAL PROVISIONS
A.71-A.84
Timetable for permiting
- Must be permitted by 7 July 2015 if newly subject to
IPPC/IED
Activities not subject to IED – “Legacy” activities – see
March 2012 Defra consultation para. 32
Mobile Plant – A3.3
PREPARING FOR THE INDUSTRIAL
EMISSIONS DIRECTIVE 2010/75/EU
‘OTHER IMPORTANT IED PROVISIONS’ (1)
Activities newly subject to IPPC – the “2015
installations”
IPPC “general principle” on waste prevention
Waste not excluded from being subject to IED
Site closure
PREPARING FOR THE INDUSTRIAL
EMISSIONS DIRECTIVE 2010/75/EU
OTHER IMPORTANT IED PROVISIONS (2)
Chemical industry – production on ‘industrial scale’
Disposal or recovery of non-hazardous waste –
exclusion of activities covered by UWWTD
Important issue for water industry – see Annex 1
point 5.3 (a) and (b), and A.6.1 March 2012 Defra
consultation
PREPARING FOR THE INDUSTRIAL
EMISSIONS DIRECTIVE 2010/75/EU
The Industrial Emissions Directive
In Practice
Aspects covered
1. Overview of Industrial Emissions Directive
2. Summary of Directive replaced
3. Significance of way IED is implemented (England
and Wales)
4. Aims, objectives, key features
5. The Directive in more detail
6. Application Timing
7. Key differences in permitting
8. Examples of Key sector issues
9. Summary
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Timing and Deadlines
• The following deadlines apply for obtaining permits within
the Directive:
- IED applies from now to all new installations and with
following variations:
- 7 January 2014 – applies to existing permitted
installations (permitted prior to January 2013);
- 7 July 2015 – IED applies to existing installations, not
currently permitted, operating newly prescribed
activities; and
- 1January 2016 – Existing large combustion plants must
meet the specific requirements set out in Chapter III and
Annex V of IED
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Transposition within the UK
Country
Regulation
Regulator
England
Environmental Permitting
Regulations 2010 (as
amended 2013)
Environment
Agency
Wales
As in the IED, but no
application window for
existing sites new to
Natural
Resources Wales permitting
Northern
Ireland
Pollution Prevention and Northern Ireland
Control (Northern Ireland) Environment
Regulations 2012
Agency
Scotland
Pollution Prevention and
Control (Scotland)
Regulations 2012
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Timings
Scottish
Environmental
Protection
Agency
Phased application
windows for existing sites
new to permitting (see
next slide)
Scottish Application Windows
Application
window
Sector
Schedule 1 References
Block 1
7 Jan - 7 April 2014
Food and
Drink
Section 6.8, Part A, paragraph (d)(ii) & (iii)
Block 2
7 March - 7June
2014
Waste
Section 5.1, Section 5.3 Part A, Section 5.4 Part A
paragraph (a)(iii) to (v), Section 5.4 Part A paragraph (b),
Section 5.6 Part A paragraph (a) and Section 5.6 Part A
paragraph (b)
Block 3
7 May – 7 Aug 2014
Wood
Preservation
Section 6.6, Part A
Block 4
7 July – 7 Oct 2014
Others*
Section 5.7, Part A, Section 1.2, Part A, paragraph (c)(ii)),
2012, Sections 4.1 to 4.6, and Section 6.1, Part A,
paragraph (c)
* Privately operated waste water treatment sites; sites gasifying or liquefying fuels other than coal in installations with a total rated thermal input of 20MW or more;
sites in the chemical industry concerning production by biological processing; and sites producing oriented strand board, particleboard or fibreboard with a production
capacity exceeding 600m3 per day.
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Key Differences - Land Quality
• IED requires on-going periodic
monitoring of Land Quality
• Recent EA Condition wording:
Periodic monitoring shall be carried out at least once
every 5 years for groundwater and 10 years for soil,
unless such monitoring is based on a systematic
appraisal of the risk of contamination.
Changes in Listed Activities
• Many listed activities remain the same
– However new “overarching requirements” apply
• Some newly listed activities
• Some changes in definitions and thresholds
• A number of previously UK listed activities fall
out
…..some examples
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Changes in Threshold - Food and
Drink
• Vegetable Matter – Change from production based
rolling 90 day average of 300 tonnes per day to a
capacity limit of 300 tones per day.
• Mixed Vegetable and meat – used to be that anything
over 10% animal content would be classified as Meat
based (with a 75 tonne/day capacity limit. NOW there is
a sliding scale between the two limits based on the
proportion of meat and veg
…..meaning more sites permitted
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The Capacity Question
• A factory could produce
100 tonne/day of vegetable
based product based on working 8 hours.
• Under the threshold? The Regulator may
disagree, this may have a capacity of 300
tonne/day.
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Capacity
• Things to consider include
–
–
–
–
Planning restrictions
Utility constraints
Cleaning time
Product mix variation
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Expanded Scope - Hazardous Waste
Industry
• Hazardous waste recovery as well as disposal
operations now included
• Meaning no more dual permitting of facilities
• 10 tonne capacity threshold, capturing merchant
storage and treatment plants e.g for fluorescent
light fittings, some WEEE, and bulk storage
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Expansion Scope - Non-Hazardous
Waste Industry
• Non-hazardous waste treatment for disposal is
a listed activity including
–
–
–
–
–
preparation of RDF (new);
biological treatment;
physico-chemical treatment;
shredding of metals and WEEE (new); and
treatment of slags and ashes (new).
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Expansion Scope - Non-Hazardous
Waste Industry
• Non-hazardous waste treatment for recovery may be a
listed activity including:
• preparation of RDF (new);
• biological treatment (new);
• shredding of metals and WEEE (new); and
• treatment of slags and ashes (new).
BUT NOT physico-chemical treatment
• Biological treatment is a listed activity – so most
composting plants will likely fall within the scope as the
capacity is 75 tonnes per day (100 for AD).
• Recovery of IBA is a listed activity, as is the use of
shredders for metals or WEEE. The key here is again
daily capacity rather than actual throughput.
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Waste Industry – Implications (1)
• EXAMPLE 1 - Aerobic Composting plant currently
exempt (T23)
• Some of these sites will go from exempt to permitted
• EXAMPLE 2 – Metal shredders – for WEEE / ELV
etc.
• Currently regulated under lower level permits
……. All will now need to meet BAT
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Waste Industry – Implications (2)
BAT…….
•
•
•
•
•
•
Containment and bunding
Land quality monitoring
Nuisance (noise, odour dust)
Accidents, energy…….
Planning?
Timescales for BAT Improvements ?
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Other Changes - Large Combustion
Plant
• Revised ELVs in Annex V of the IED- tightening
of limits particularly around NOx and SO2
• Deminimus of 15MWth for the aggregation of
combustion plant – some plant could drop out of
LCP requirements
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Uncertainties - Water industry
• 5.3b Recovery of non hazardous waste by
biological treatment does this apply to sludge
treatment in AD plants?
• Import from off site
– Sewage sludge?
– other materials?
• Removal of many biogas
engines >3MWth (1.1)
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SUMMARY AND WAY FORWARD
• This is, overall, much more than a re-cast –
significant changes have been introduced
• Wider discretion for regulators?
• But also scope to present arguments for different
interpretation of the Directive
• Identify the potential implications to your operations
• Watch out for developments in BAT documents and
involve yourselves in the process
• Work with trade organisations and specialists as
you need to
PREPARING FOR THE INDUSTRIAL
EMISSIONS DIRECTIVE 2010/75/EU
Further Information
For SKM contact:
Philip Hay, Senior Consultant
SKM Enviros
Tel. +44 (0) 7584 215 069
Email phay@globalskm.com
www.skmenviros.com
William Wilson, Barrister
Burges Salmon LLP
Tel. +44 (0) 117-939-2289
Mobile +44 (0) 7970 577 492
Email william.wilson@burges-salmon.com
PREPARING FOR THE INDUSTRIAL
EMISSIONS DIRECTIVE 2010/75/EU