IPPC and Industry By Dr. Ken Macken Dublin Regional Licensing Manager

Requirements of IPPC Directive (96/61/EC) - 1 zAll the appropriate preventive measures are taken against pollution, in particular through application of best available techniques (BAT);

BATNEEC under EPA Act zThe Best Available Technology Not Entailing Excessive Costs shall be construed as meaning the provision and proper maintenance, use, operation and supervision of facilities which, having regard to all the circumstances, are the most suitable for the purposes. zRegard shall be had to— z( a ) in the case of an activity other than an established activity— z(i) the current state of technical knowledge, z(ii) the requirements of environmental protection, and z(iii) the application of measures for these purposes, which do not entail excessive costs, having regard to the risk of significant environmental pollution which, in the opinion of the Agency exists; z( b ) in any other case, in addition to the matters specified in paragraph (a)— z(i) the nature, extent and effect of the emission concerned, z(ii) the nature and age of the existing facilities connected with the activity and the period during which the facilities are likely to be used or to continue in operation, and z(iii) the costs which would be incurred in improving or replacing the facilities referred to in subparagraph (ii) in relation to the economic situation of activities of the class concerned.

BAT under IPPC Directive zBest Available Techniques shall mean the most effective and advanced stage in the development of activities and their methods of operation which indicate the practical suitability of particular techniques for providing in principle the basis for emission limit values designed to prevent and, where that is not practicable, generally to reduce emissions and the impact on the environment as a whole: - 'techniques` shall include both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned, - 'available` techniques shall mean those 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, - 'best` shall mean most effective in achieving a high general level of protection of the environment as a whole.

Bref and Seville zThe European IPPC Bureau has been established in Seville to undertake publication of BAT Reference (Bref ) guidance documents for the various industrial sectors covered by the IPPC Directive. zTo date guidance has been finalised for about 12 sectors with a further 20 sectors planned or underway. zThese can be found at

Requirements of IPPC Directive (96/61/EC) - 1 zAll the appropriate preventive measures are taken against pollution, in particular through application of best available techniques (BAT); zNo significant pollution is caused; zWaste production is avoided in accordance with Council Directive 75/442/EEC; where waste is produced, it is recovered or, where that is technically and economically impossible, it is disposed of while avoiding or reducing any impact on the environment;

Requirements of IPPC Directive (96/61/EC) - 2 zEnergy is used efficiently; zThe necessary measures are taken to prevent accidents and limit their consequences; zThe necessary measures are taken upon definitive cessation of activities to avoid any pollution risk and return the site of operation to a satisfactory state.

Requirements of IPPC Directive - What the permit must include - 1 zMeasures to ensure that the installation is operated using BAT, meets any relevant EQS and is operated in accordance with the obligations on the operator outlined in Article 3 above. zMeasures to take account of any relevant matters in an EIS. zELV’s (and/or equivalent parameters or other technical measures) for those pollutants where significant quantities are likely to be emitted, in particular those substances listed in Annex  of the Directive.

Requirements of IPPC Directive - What the permit must include - 2 zELV’s are to be based on BAT having regard to the location of the installation and the state of the local environment. In all circumstances the conditions of the permit shall contain provisions on the minimisation of long-distance or transboundary pollution and ensure a high level of protection for the environment as a whole. zA suitable monitoring programme for emissions that will detail the frequency and methodology used and an obligation to supply data to the competent authority. z Arrangements for emergencies and incidents to ensure safe shut down of installation. zAny other conditions that the competent authority considers necessary.

Energy Conditions - 1 z9.1The licensee shall carry out an audit of the energy efficiency of the site within one year of the date of commencement of site activities. The licensee shall consult with the Agency on the nature and extent of the audit and shall develop an audit programme to the satisfaction of the Agency. The audit programme shall, as a minimum, identify opportunities for energy use reduction and efficiency.

Energy Conditions - 2 z9.2 The audit programme shall be submitted to the Agency in writing at least one month before the audit is to be carried out. A copy of the audit report shall be available on-site for inspection by authorised persons of the Agency and a summary of the audit findings shall be submitted as part of the Annual Environmental Report. The energy efficiency audit shall be repeated at intervals as required by the Agency.

What Will Happen zDOELG will publish EPA Amendment soon. zSome new sectors/types of activity will require licenses. zMost existing IPC licenses will require revision. zDeadline:30 October 2007.

Miscellaneous zKyoto zCarbon trading and taxes zNational Ceilings zSO 2, NO x, NH 3 and VOCs zNational Plans under LCP and Solvents Directives zWaste Incineration Directive zRevisions to existing licences zRequirements for waste to energy plant