1. AйПиПиСи ?? IPPC implementation - experience from new EU member countries & changes brought by Industrial Emissions Directive Monika Přibylová Kiev, 10 April 2012 ?? …!!

2. Content of presentation Preparation for IPPC implementation Institutional building Legal framework – permitting procedure BAT information exchange system Recommendations Implementation of the Industrial Emissions Directive

3. Basic considerations for implementation of the IPPC Directive 2008/1/EC One permit system Central Fees National BAT reference doc. Fixed format for application and permits Two permit system De-central permitting Not fees Rely on EU BREFs etcGuidelines or Scope of integration

4. Preparation for implementation 1. Implementation plan – incl. list of IPPC installation 2. Negotiation of transitory period with EC and industry 3. Draft legislation + impact assessment (estimation of total cost for industry 0.3 – 1 billion EUR) 4. Communication with operators – seminars, web, direct mail, information centre 5. Translation of BREFs 6. Participation in IEF, IPPC expert group, TWGs 7. Pilot and capacity building projects 8. Preparation of funds for support of BAT implementation

5. Overview of installations in CR Operators: 727 Installations: 1312 How to get the list?

6. Division of competencies competenciesinstitutioncountries Legislation, guidance, appeal body, transboundary permits, reporting to EC Ministry of Environment (MoE) CR, SK, PL, Est. BG Permitting bodies, permit reviews 1. MoE 2. Regions 3. Inspectorates 4. Agency Est, HR CR, PL SK BG Assessment of IPPC application, IP Register, BAT info-support IPPC AgencyCR, BG Enforcement/inspectionEnv. Inspectoratesall BAT info exchangeMoE MoE+MoI+MoA PL, SK CR

7. 7 Scope of integration – basis for legal and institutional framework

8. Legal framework Act No. 76/2002 Coll., on IPPC - in force since 1.1.2003 - Transposition of IPPC Directive Special - Special act to media and corresponding legislation IPPC Act content: Integrated permitting Integrated pollution register BAT information exchange system State administration competencies Transitory and linking provisions (changes to related media legislation and link with construction permitting)

9. Subsidiary legislation Decree on integrated permit application: description of installation and related activites; materials and energy consumption, emissions and waste generation, comparison with BAT, monitoring methods, proposal of binding conditions, … Gov. Decree on BAT information exchange system Gov. Decree on integrated pollution register

10. IPPC Legal framework in Estonia  IPPC Act with main provisions of IPPC  Regulation on the list of enterprises and call in dates  Regulation on content of applications (very detailed)  Regulation on content of permits (very detailed)  Sector Acts (air, water and waste)  Regulations with water and air ELVs (mostly EU)

11. Best Available Techniques application Comparison with BAT – in IP application: Use sectoral or horizontal BAT Ref. Documents (BREFs) Use sectoral studies – national/EU or other EU MS guidance (e.g. UK BAT notes) Comparison with competitors and info from suppliers of technologies Assess consideration from annex 4 of the IPPC Dir. In practice „WE HAVE BAT because it was EXPENSIVE“ Support BAT programs – national ecofunds, EU funds, EBRD

12. Improvement programmes implementation 1. Operator compares his techniques with BAT - addressing all aspects 2. Operator identifies non compliance areas 3. Operator includes in the application his justified suggestion action plan for complying with EU requirements (BAT), including necessary investments 4. Regulator includes in the permit the requirements for improvement, with precise conditions. Action plan is thus changed into conditions on improvement with deadlines for each achievement.

13. Integrated permitting procedure

14. Participation of public and related authorities Published documents: Nontechnical summary of application Assessment of applications Valid permit NGO`s, industrial association and general public - right to comments on application,…participate in public hearing; (participation of NGO in 10-20% of procedures) Related authorities for consultation within procedure: Water catchment A., Regional Authorities‘ water, waste and air protection dept., Local Authorities, Inspectorates,…

15. Setting permit conditions 1) Binding conditions – emission limit values are based on: Consideration of BAT… Requirements on local environmental quality National legal requirements (ELVs,…) 2) Minimum standards = ELVs set in media based legislation (e.g. requirements for LCP) and requirements of regional environmental plans; other conditions as specified in the IPPC directive (monitoring requirements,…) 3) The lifecycle of technology should be respected =>feasible solutions in each specific case should be find In practice (in CR) for existing installation the 1st integrated permit is 50 – 95 % based on former media based permits.

16. BAT information exchange system Gov. Decree sets: TWG support participation of Czech representatives in EU TWGs and technical support of Czech IPPC MoE, MTI, MoA are responsible for translating BREFs Czech Information exchange forum – representatives of TWGs, permitting auth., MoE, MTI, MoA, CEI, AIP, NGOs,… www.ippc.czwww.ippc.cz – BREFs in Czech, links to EIPPCB, contacts for national WG,…

17. Recommendations 1. Consultation with industry and authorities on drafting legislation 2. Regulatory integration has to be supported by clear setting of responsibilities and coordination of authorities 3. Identification of installations for implementation plan 4. Funds to support BAT application 5. Application form + guidance needed in advance (tested on pilot permits) 6. Negotiation: a) application before official procedure b) improvement plans during permitting procedure

18. What is it? Industrial Emission Directive 2010/75/EU 18 It recasts 7 directives related to industrial emissions into a one coherent legislative instrument. Content:  IPPC Directive,  Large Combustion Plant Directives,  Waste Incineration Directives,  Solvents Emissions Directives, and  3 Directives on Titanium Dioxide.

19. Changes in IPPC - 1(2) Industrial Emission Directive 2010/75/EU  Strengthening of the application of BAT - making BAT Conclusions the reference in the permitting process  ELVs to ensure emissions do not exceed BAT AELs  Wider scope of Annex I: Gasification/liquefaction other than coal >/= 20 MW Additional waste disposal and recovery activities Wood panels production, Wood preservation Waste water treatment from IPPC activities 19

20. Changes in IPPC - 2(2) Industrial Emission Directive 2010/75/EU  Submit base line study about the state of site contamination,  Monitoring: permit to include requirement for periodic monitoring for soil (every 10 years) and groundwater (every 5 years)  Permit reconsideration: max. 4 years after BAT Conclusions  General binding rules based on BAT  Environmental inspection:  frequency to be determined on the basis of risk appraisal  reports of inspections to be publicly available 20

21. Timeline for implementation of changes in IPPC Industrial Emission Directive 2010/75/EU 7/1/20117/1/2014 7/1/20137/7/2015 2011 Entry into force of the Directive on industrial emissions (IED). 2013 Member States fully transpose the IED. The Directive applies to all new installations from this date onwards 2014 All existing installations previously subject to IPPC, WI, SE and TiO2 Directives must meet the requirements of the IED. 2015 Existing installations operating newly prescribed activities (e.g. waste installations, wood based panels, wood preservation) must meet the requirements of the IED. 21

22. Overview of information links: IPPC and Industrial Emissions Directives – http://ec.europa.eu/environment/air/pollutants/stationary/index.htm http://ec.europa.eu/environment/air/pollutants/stationary/index.htm BAT reference documents in English - http://eippcb.jrc.es/reference/http://eippcb.jrc.es/reference/ BAT reference documents in Czech – www.ippc.czwww.ippc.cz Czech information system about IPPC – http://www.mzp.cz/ippchttp://www.mzp.cz/ippc Polish information system about IPPC - http://ippc.mos.gov.pl/ippc/http://ippc.mos.gov.pl/ippc/ 22

23. Děkuji za pozornost Contact: mpribylova@seznam.czmpribylova@seznam.cz BAT