Ministry for Ecology, Energy, Sustainable Development and Sea in charge of Green Technologies and Climate Negotiations Choice of BAT according to the IPPC directive Guy MOTTARD Directorate General for Risk Prevention

TAIEX Workshop – Practical aspects of implementation of the permitting process – April 2010 Content of the presentation Which requirements ? Analysis methodology Example Conclusion 2

TAIEX Workshop – Practical aspects of implementation of the permitting process – April 2010 Reminder : IPPC BAT requirements To define the BAT applicable to one plant, the following IPPC requirements have to be taken into account Availability of the techniques  techniques developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages, whether or not the techniques are used or produced inside the Member State in question, as long as they are reasonably accessible to the operator Determination of the ELV  The emission limit values and the equivalent parameters and technical measures … shall be based on the best available techniques, without prescribing the use of any techniques or specific technology, but taking into account the technical characteristics of the installation concerned, its geographical location and the local environmental conditions In determining the best available techniques, special consideration should be given to the items listed in Annex IV 3

TAIEX Workshop – Practical aspects of implementation of the permitting process – April 2010 How to use the BREF ? The BREF documents do not set any legal requirement They are the main reference to implement the IPPC requirement concerning BAT application Others references can be used, but it is necessary to demonstrate that the techniques are “BAT” (on the basis of the considerations of annex IV) A BREF is not exhaustive (e.g. not taking into account all the type of production within a sector) A BREF cannot take into account the local environmental conditions The competent authority have to consider others issues when setting the permit conditions  the technical characteristics of the installation,  its geographical location  the local environmental conditions 4

TAIEX Workshop – Practical aspects of implementation of the permitting process – April 2010 What information in a BREF ? Precise description of the techniques For each best available techniques, additional information  achieved environmental benefits  cross-media effect  operational data  driving force for the implementation  example plants For each technique (if appropriate) the associated emission levels under the normal operating conditions (excluding start-up, shut down, …) 5

TAIEX Workshop – Practical aspects of implementation of the permitting process – April 2010 BAT conclusions 6

TAIEX Workshop – Practical aspects of implementation of the permitting process – April 2010 Which requirements ? Analysis methodology Example Conclusion 7

TAIEX Workshop – Practical aspects of implementation of the permitting process – April 2010 Analysis methodology ( 1/3 ) The following considerations have to be taken into account to chose the BAT to be applied Environmental impact of the installation in order to proportionate the actions to be taken Technical characteristics of the installation Geographical location Local environmental conditions 8

TAIEX Workshop – Practical aspects of implementation of the permitting process – April 2010 Analysis methodology ( 2/3 ) Environmental impact of the installation in order to proportionate the actions to be taken  What is the contribution of the installation for each pollutant to the “non-quality” of the local environment ?  Costs/ benefits analysis Technical characteristics of the installation  Is the activity or type of production process covered by a BREF ?  If yes, does the BREF address all the potential environmental effects of the activity ?  Are the technical characteristics of the installation described in the BREF  If not, is there others reference document ? 9

TAIEX Workshop – Practical aspects of implementation of the permitting process – April 2010 Analysis methodology ( 3/3 ) Geographical location  Climate (temperature, …)  Availability of resources (water, energy, …)  Space needed  … Local environmental conditions  High/low sensitivity of the environment to the pollution emitted by the activity  Are there environmental quality standards ?  Are they met ?  Biodiversity  … All the answers to these questions should be given in the permit application 10

TAIEX Workshop – Practical aspects of implementation of the permitting process – April 2010 Which requirements ? Analysis methodology Example Conclusion 11

TAIEX Workshop – Practical aspects of implementation of the permitting process – April 2010 Example New installation : incineration plant in urban area Main pollutant to be considered : NOx The BREF provide 2 different BATs 12

TAIEX Workshop – Practical aspects of implementation of the permitting process – April 2010 BAT 1 Option 1 : Selective non-catalytic reduction (SNCR)  Expected NOx emission : 180 mg/Nm 3 13

TAIEX Workshop – Practical aspects of implementation of the permitting process – April 2010 BAT 2 Option 2 : Selective catalytic reduction (SCR)  Expected NOx emission : 80 mg/Nm 3 14

TAIEX Workshop – Practical aspects of implementation of the permitting process – April SCRSNCR Achieved env. benefits Reduction efficiency BATAEL NH 3 > 80 % mg/Nm 3 (daily) < 10 mg/Nm 3 (daily) % mg/Nm 3 (daily) 5-30 mg/Nm 3 (daily) Economics Capital costs Operating costs Significantly higher higher Reference costs Cross-media effects Energy requirement Reagent consumption Residue type Residue amount Water consumption Effluent production kWh/t (thermal) 3 kg/t Spent catalyst when changed Negligible Not significant None kWh/t (thermal) 8,5 kg/t None Not significant None BREF information ( 1/2 )

TAIEX Workshop – Practical aspects of implementation of the permitting process – April SCRSNCR Operational data Complexity Flexibility High (additional process unit required) High (ability to operate under various input conditions) Medium Medium (temperature critical) Applicability Waste type Inter-process compatibility Plant size range New/existing Key location factor Any type Requires pre-dusting and SO 2 /SO 3 removal Any size but usually medium- large for economic reasons Often applicable to existing plants Location with high NOx sensitivity Any type Higher dose rates (high reduction efficiency) without ammonia slip needs downstream wet scrubbing Any size May be problematic for existing plants None BREF information ( 2/2 )

TAIEX Workshop – Practical aspects of implementation of the permitting process – April Other issues to consider Technical characteristics  the technical characteristics of the plant are taken into account in the BREF document  no reason to use another reference to define BAT Geographical location No particular specificity in this example which can justify the use of flexibility  the BAT described in the BREF are applicable Environmental local conditions  is the NOx environmental quality standard achieved ?  is there a particular high NOx sensitivity ?  is this plant among the largest NOx emitters of the area ?

TAIEX Workshop – Practical aspects of implementation of the permitting process – April 2010 Which requirements ? Analysis methodology Example Conclusion 18

TAIEX Workshop – Practical aspects of implementation of the permitting process – April Conclusion The BREF does not provide any “one-size-fit-all” solution IPPC provides flexibility to define the conditions applicable to a particular plant  the quality of the content of the permit is important : it should provide all the necessary information to the competent authority to make its decision Again (from the French experience) : this approach requires different skills for the competent authority BAT-based permit is a very efficient regulatory tool

TAIEX Workshop – Practical aspects of implementation of the permitting process – April 2010 Thank you for your attention … 20