1 Overview of the Proposal for a Directive on industrial emissions (IPPC) Keir McAndrew - European Commission, DG ENV.C.4 - Industrial Emissions, ozone depleting substances and fluorinated gases

2 Content of the presentation Background to the IPPC recast proposal Key findings of the review process The proposal Co-decision – the story so far Next steps…

3 The current situation European Industry is subject to a range of industrial emissions legislation.... IPPC Directive Waste Incineration Directive Large Combustion Plants (LCP) Directive Directive on the limitation of emissions of VOC from solvents Directives related to the titanium dioxide industry European Pollutant Emission Register (EPER) European Pollutant Release and Transfer Register (E-PRTR) This makes implementation and enforcement very difficult and leads to unnecessary administrative burden

4 Scope of the IPPC Directive There are approximately IPPC installations in operation across Europe comprising… Energy industries… Mineral industries… Metal Industries… Chemical industries… Waste management… Other activities…

5 Fundamentals of the IPPC Directive Focus on prevention of pollution and, if not feasible, minimisation Installations must operate according to an integrated permit Permits should contain Emission Limit Values based on Best Available Techniques with the possibility to take into account certain local conditions BAT information exchange leads to the BAT Reference Documents (BREFs), adopted by the Commission The Public are provided with access to information Final deadline for implementation: 30 October 2007

6 The Commission’s IPPC review The review began in early 2006, with data collection taking place over the following two years. The main focus of the review was 10 key studies that focused on:  horizontal issues including implementation, environmental benefits, impacts on competitiveness  sectoral issues including waste treatment, agriculture, waste incineration and large combustion plants Approximately 100 case study installations were analysed The entire review process was overseen by an advisory group comprising stakeholders from Member States, industry and NGOs

7 Insufficient implementation of Best Available Techniques (BAT) Shortcomings in implementation were recognised in some of the case study installations as part of the review Sector Cement NOx 3 out of 4 installation: (Waste Incineration Directive) No apparent consideration of BAT Non ferrous metals plant 1 SO2ELV: Not possible to identify rationale behind difference Non ferrous metals plants 2 and 3 Dioxins No monitoring data available Pulp mill Chemicals plant Benzene ELV: BAT Associated Emissions Levels (BREFs) Permit conditions: Emission Limit Values (ELVs) mg/m3 800 mg/m mg/m3 800 mg/m3 < ng/m3 No ELV Various pollutants to water No permit conditions for releases to water 5 mg/m mg/m3 (500x more than the BREF)

8 Concerns with the status quo The Commission’s review identified other key areas of concern: Limitations with regard to compliance, enforcement and environmental improvements Unnecessary administrative burdens due to complexity and inconsistency of parts of legal framework Insufficient scope and unclear provisions to achieve the Thematic Strategy objectives (air, waste, soil)

9 COM Proposal for an Industrial Emissions Directive Recast Proposal - COM(2007) 844 final, The Commission’s proposal for a Directive on industrial emissions recast into one single act the IPPC and 6 other ‘sectoral’ Directives Key elements  strengthening of BAT and the role of the BREFs  new minimum emission limit values for Large Combustion Plants

10 Issue 1: Insufficient implementation of BAT Permits issued to operators must contain BAT based permit conditions (Art. 16(2)) BREFs shall be the reference for setting the permit conditions (Art. 15(3)) Permit conditions cover not only emissions to air and water, but also emissions to land, waste management, energy efficiency, environmental management systems and prevention of accidents (Art. 15(1,2))

11 Issue 1: Insufficient implementation of BAT BREFs contain emission levels associated with the use of BAT (BAT-AELs) Permits must contain emission limit values set by the competent authority that do not exceed BAT-AELs (Art.16(2)) Derogation from these limits is allowed in specific cases as long as it is justified (Art. 16(3)) but in any case the ELVs set out in Chapter III (LCP) have to be met

12 Issue 1: Insufficient implementation of BAT: specific concerns regarding LCPs LCPs: main source of industrial emissions  74% (SO2) - 49% (NOx) of 2005 industrial emissions (NEC) Significant emission reductions beyond “business as usual” are needed to achieve the Thematic Strategy on Air Pollution objectives - LCPs are key factor BAT implementation is lagging behind Current emissions ( ) are much higher than BAT levels, leaving a huge emission reduction potential (SO2 > 80%; NOx > 59%)

13 Issue 1: Insufficient implementation of Best Available Techniques (BAT): sectoral chapters LCP: tightening of minimum ELVS from 2016 on  Aligned with current BAT (upper end of the range)  Significant contribution to the objectives of the TSAP  Net benefits of €7-28 billion per year Other sectors: little changes

14 Issue 2: Limitations with regard to compliance enforcement and environmental improvements Minimum provisions were introduced on: Inspections  Inspection plans and programmes for IPPC installations  At least 1 site visit every 12 months unless programmes are based on a systematic appraisal of the environmental risks Review of permit conditions  Permits to be reconsidered within 4 years of the publishing of a new BREF and, if necessary, will have to be updated Reporting on compliance by operators  yearly report, including comparison with BAT (BREF)

15 Issue 3: Unnecessary administrative burdens The Commission identified reductions in administrative burden at EU level through the introduction of:  Reduced reporting requirements for MS and operators  Simplified use of general binding rules  Unified / Single permits for installations subject to the proposed Directive These actions at an EU level should reduce administrative burden by €31 million per year However, the main possibilities for reduction of administrative burden lie at Member States level: action could result in a further € million saving per year

16 Environmental improvements through the introduction of new activities to the scope of IPPC  Smaller combustion activities of MW capacity  Wood based panels, wood preservation activities  Some additional waste management activities Clarification of IPPC scope for existing activities New provisions concerning protection of soil and groundwater Issue 4: Insufficient scope & unclear provisions that threaten the Commission’s Thematic Strategy objectives

17 State of play in EU institutions EP: 1st reading vote in plenary in March 2009 Council: political agreement under CZ Presidency in June 2009

18 European Parliament amendments Rapporteur appointed in early 2008 – Mr Holger Krahmer (ALDE-DE) and issued his draft report in July 2008 containing 58 amendments. Further 475 amendments were submitted prior to the European ENVI Committee vote. The European ENVI Committee voted on 22 January The vote considered 63 compromise amendments and a number of individual amendments resulting in 80 agreed amendments in the final ENVI Committee report. The resulting ENVI Committee report along with a number of further amendments was voted at the Plenary sitting on 10 March The final Parliament report includes 85 amendments.

19 Key Parliamentary Amendments The proposal of the Commission to strengthen the application of BAT and the role of the BAT Reference Documents (BREFs) is generally supported. Other issues such as soil protection, inspection, update of permits, reporting and public access to information generally remain close to the Commission's Proposal. A key new proposal was introduced (the so-called European Safety Net) to allow the Commission to establish, through Comitology, minimum requirements for all industrial sectors based on the BREFs. Additional amendments relate mainly to scope of the Directive e.g. no extension of the scope for poultry, limited BAT-based manure land-spreading

20 Council Political Agreement Following work under three Presidencies political agreement was reached in Council on 25 June 2009 Key provisions on strengthening of role of BREFs have been maintained BAT Conclusions (from the BREFs) shall be the reference for setting the permit conditions Implementation of BAT Associated Emission Levels (BAT- AELs) set in the BAT Conclusions  Permits must contain emission limit values to ensure that emissions do not exceed BAT-AELs  Derogation from BAT AELs is allowed in specific cases as long as it is justified and justification is made available to the public

21 Council Political Agreement New adoption procedure: comitology for “BAT Conclusions”, followed by publication of the whole BREF More guidance on the elaboration and content of the BREFs Large Combustion Plants - Level of ambition maintained but more flexibility introduced Implementation date for New plants: 2012 instead of 2016 Implementation for Existing plants: 1 January 2016 retained but certain temporary flexibilities added

22 Council Political Agreement LCP flexibilities Possibility to have a Transitional National Plan 2016 – 2020 – similar to the NERP under the LCP Directive Opt-out derogations: plants operating less than hours and stopping operation before end 2023 Specific derogations  Small isolated systems (islands)  District heating plants < 200 MW (end 2023)  Specific fuels: oil-shale, low quality lignite Review clause (end 2013)  COM to propose revised limit values for certain types of plants (diesel engines, refineries, non-commercial fuels,..)  to be based on new BREFs

23 Council Political Agreement Smaller amendments to:  Inspections  Permit review  Reporting by operators  Soil and Groundwater provisions  Scope

24 Next steps COM Proposal (December 2007) EP: 1st reading (March 2009) Council: political agreement (June 2009) EP: 2 nd reading (beginning 2010)  Level of flexibility to deviate from BAT levels  LCP End of co-decision (foreseen around the end of 2010)

25 For more information… DG ENV industrial emissions website CIRCA website on the IPPC review (study reports) European IPPC Bureau (BREFs) Status in co-decision – PreLex