1 Review of the IPPC Directive and related legislation Second Meeting Of Working Group E On Priority Substances 17 October 2007 Filip FRANCOIS – DG ENV Industrial Emissions and Protection of the Ozone Layer Unit (C.4)

2 Industrial Emissions Legislation Integrated Pollution Prevention and Control (IPPC) Directive VOC Solvents Emissions Directive (SE) Large Combustion Plants Directive (LCP) European Pollutant Emission Register (EPER) European Pollutant Release and Transfer Register (E-PRTR) Waste Incineration Directive (WI) Titanium Dioxide Directives (TiO2)

3 Main elements of the legislation l About IPPC installations (combustion, refineries, chemicals, metals, waste, food, intensive farming…) l Integrated permitting to ensure overall high level of environmental protection: air, water, soil, waste, energy.. l Permit conditions based on Best Available Techniques (BAT) taking into account the BREFs and local conditions l 30 October 2007 : deadline for full IPPC implementation also for existing installations l Sectoral Directives (LCP, SE, WI, TiO2) set minimum requirements: ELVs, monitoring, reporting

4 IPPC Review Drivers IPPC Review Air Thematic Strategy and others Better Regulation Admin Burden Lisbon Agenda (eg ETAP) IPPC Implementation Action Plan (2005)

5 Core Objectives An ambitious review while not altering the fundamental principles, objectives and ambition of the present legislation (high level of environmental protection, integrated approach, BAT, permitting …)

6 IPPC review process - Data collection Studies: l About 10 studies relevant for review process l Horizontal issues (implementation, env. benefits, competitiveness, streamlining, incentives) l Sectoral issues (waste, agriculture, waste incineration, LCP) l About 100 case installations analysed Advisory Group l 4 plenary meetings l In-depth consultation and discussions on studies l More than 200 written comments on reports and replies to questionnaires

7 Shortcomings in implementation Problems: l Complexities in current legal framework (IPPC/sectoral) l Insufficient emission reductions: lack of progress towards BAT l Lack of transparency on the application of the criteria related to flexibility (technical characteristics, geographical location and local environmental conditions) Effects: l Incorrect implementation (e.g. sectoral Directives = default) l Difficulties in interpretation (e.g. scope, definitions) l Lower level of environmental protection l Possible distortion of competition

8 Shortcomings in implementation, some examples from case studies Case study of 30 installations: only half had all permit conditions clearly based on BAT as determined in the BREFs Sector BAT Associated Emission Levels (BREFs) Permit conditions: Emission Limit Values (ELVs) Cement NOx mg/m3 3 out of 4 installations : 800 mg/m3 (Waste Incineration Directive) No apparent consideration of BAT Non ferrous metals plant 1 SO mg/m3 ELV: 800 mg/m3 Not possible to identify rationale behind difference Non ferrous metals plants 2 and 3 Dioxins < ng/m3 No ELV No monitoring data available Pulp mill Various pollutants to water No permit conditions for releases to water Chemicals plant Benzene 5 mg/m3 ELV: 2500 mg/m3 (500x than BREF)

9 Estimated Potential Emission Reduction from BAT (LCP)

10 Main options: BAT-based permitting, role of BREFs, effectiveness of legislation l BREFs: more prominent or binding role l Possible deviation from BAT/BREFs u more transparent u stronger justification according to criteria set in the Directive (technical characteristics of installation concerned, geographical location, local environmental conditions) l new / updated EU-wide minimum ELVs u to be set if insufficient progress towards BAT/BREFs l Inspections, permit reviews u more specific provisions in legislation

11 Main options Streamlining and reducing administrative burdens EU level l Single Directive on industrial emissions u integrating IPPC and 6 sectoral Directives => increase legal coherence, transparency and clarity l Streamline MS reporting => save administrative costs MS level: various actions: highest impact! l e.g. combined permitting, monitoring and reporting from operators => save administrative costs

12 Interaction Water FD - IPPCD l WFD Environmental objectives (Art 22.4) to be regarded as EQS for IPPCD (Art 10 – beyond BAT) l Study on streamlining IPPC vs other legislation: no real issues found vs WFD l Options to clarify / strengthen interface u Refer to list of PS in Annex III of IPPCD u Take account of PS in permitting process / permit reviews u Take better account of PS in context of review of BREFs

13 Timing / More info l Commission’s adoption foreseen end 2007 l Legislative proposal unlikely to come into effect until ~ 2012 at earliest l October 2007 deadline unaffected!

14 More information DG ENV industrial emissions website Reports from CIRCA