The Impact and the Relation of the IPPC Directive with other Directives Dr. Ian Marnane Irish Environmental Protection Agency Workshop on the Directive 96/61/EC concerning (IPPC) Integrated pollution prevention and control INFRA 32645 organised in co-operation with The Union of Chambers and Commodity Exchanges of Turkey (TOBB)
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The Impact and the Relation of the IPPC Directive with other Directives
The Impact and the Relation of the IPPC Directive with other Directives. Workshop on the Directive 96/61/EC concerning (IPPC) Integrated pollution prevention and control INFRA 32645 organised in co-operation with The Union of Chambers and Commodity Exchanges of Turkey (TOBB). - PowerPoint PPT Presentation
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The Impact and the Relation of the IPPC Directive with other Directives
Dr. Ian Marnane
Irish Environmental Protection Agency
Workshop on the Directive 96/61/EC concerning (IPPC) Integrated
pollution prevention and control
INFRA 32645
organised in co-operation with
The Union of Chambers and Commodity Exchanges of Turkey
(TOBB)
Overview of Presentation
Details on myself and the EPA Overview of IPPC in Ireland Philosophy of the IPPC Directive Types of interaction between directives Specific directives Problematic interactions The Future Concluding Comments
Ian Marnane
10 years experience in the area of IPPC and industrial permitting and impact assessment
Consultant in the industrial sector: pharmaceutical, Solvents, chemicals, energy activities in UK and Ireland
EPA licensing unit, assessment of IPPC applications Currently working in the Environmental Enforcement area,
specialising in IPPC air emissions enforcement (incineration, solvents, pharmaceutical, energy)
The Environmental Protection Agency
Established in 1994 ~ 350 personnel in 10 locations around Ireland Split into 4 main sections
OEE – Environmental Enforcement (incl. IPPC licences) OCLR – Climate Change, Permitting (IPPC) and Resource Use OEA – Monitoring and Assessment of the Environment, research OCCS – Communications
IPPC In Ireland - Overview
Integrated permitting system developed under legislation in 1992, and amended in 2003 to bring in line with IPPC
Irish system includes additional national activity classes Waste management activities regulated under a ‘Waste
Licensing Process’, integrated system Licensing and enforcement activities carried out by
separate offices within the EPA At present number of licensed facilities is 743 Only outstanding sector at present is intensive agriculture
The IPPC Directive – The Basics
Philosophy of the IPPC Directive Prevention, reduction and elimination of pollution Intervention at source Prudent management of natural resources Balance between human activity and socioeconomic development Supplements existing community legislation on prevention and
control of pollution from industrial plant
Basic Obligations Use Best Available Techniques to prevent pollution No significant pollution to be caused Waste minimisation, recovery or minimisation of impact of disposal Energy efficiency Accident prevention and damage limitation Site Closure – avoid pollution risk and return to satisfactory state
Relationship Between IPPC and Other Directives
IPPC is a broad directive How are these obligations under IPPC aided by other
community legislation and vice versa? Means of interaction with other legislation, which specify:
Environmental quality standards Emission limit values Operational/process requirements The requirement for a discharge permit (e.g. WID) Energy efficiency requirements Measures to be taken in the event of an accident/emergency Waste minimisation requirements Prevention and remediation of environmental damage
Types of Interactions
Interaction on Procedures Integrated permitting approach fulfils the requirements for development of a
permitting system under other directives and simplifies the regulatory process
Interactions on Conditions Specification of minimum emission limit value and process requirements Specification of environmental quality standards. IPPC process must ensure that
these standards are complied with.
Interactions on Principle IPPC process must support the principles of other relevant directives, e.g. with
regard to waste management, access to information, good environmental management (EMAS) etc.
Interactions on Outcomes/Results IPPC supports a wide range of environmental targets/benchmarks for the
protection of the environment.
IPPC Directive
Water Framework Directive
EIA Directive
PRTR Regulations
Seveso Directive
Waste Incineration Directive
Large Combustion Plant Directive
Air Quality Framework Directive
Waste DirectiveLandfill Directive
Groundwater Directive
Environmental Liability Directive
Nitrates Directive
National Emissions Ceiling DirectiveSolvents Directive
Habitats DirectiveAnimal By-Products Regulations
Range of Potential Interactions with Some other Community Legislation
Emissions Trading Directive
Minimum Inspection Criteria
Decision
Access to Environmental Information Directive
REACH Regulations
Waste Legislation
The IPPC Directive directly refers to waste legislation including the Waste Framework Directive (2008/98/EC) and Landfill Directive (1999/31/EC)
Main focus is on waste avoidance as part of the permitting process, rather than waste management
No specific constraints under IPPC, but a principle that has to be addressed as part of the IPPC process
Where requirements of landfill directive are met, requirements of IPPCD are deemed to be met. Has arisen as an issue in some countries
2008/98/EC specifies required energy efficiency for municipal waste incineration to be classed as recovery
Air Quality (2008/50/EC)
New air framework directive comes into force in June 2011 (repeals 96/62/EC)
Specifies limits for many of the most common emissions such as NOX, SO2, particulates
Requires that full account is taken of specified air quality objectives as part of the IPPC licensing process
IPPC requires account be taken of all environmental quality standards
May need to go beyond BAT if required, particularly in urban areas – ‘Air Quality Status must be maintained or improved’
Waste Incineration Directive (2000/76/EC)
Sectoral Directive – significant interaction with IPPC WID applies to all incineration plant while IPPC sets
thresholds of 10 t/day (haz. Waste) and 3 t/hour (non-haz waste).
Specifies minimum ELVs for incineration and co-incineration, however compliance with WID does not imply compliance with IPPC, particularly BAT requirements
WID generates permit conditions Some problems with interactions as discussed later
Large Combustion Plant Directive (LCPD)2001/80/EC
LCPD supports the IPPC Directive by specifying minimum criteria, but compliance with LCPD limits does not imply compliance with IPPC
IPPC Directive allows for legislative limits such as specified in LCPD
LCPD limits do not necessarily meet BAT, and implementation varies across the EU at present
LCPD includes several ‘conditions’ which should be taken into account in the permitting process, for example: Monitoring requirements (continuous emissions monitoring) Procedures to be followed in the event of breakdown of equipment Reporting requirements
Water Quality Directives
Several articles in the Water Framework Directive (2000/60/EC) refer directly to the IPPC directive Environmental objectives in WFD to be regarded as environmental
quality standards for the purposes of IPPC process Requirements to implement emission controls to BAT standard Where objectives are not being met WFD stipulates permit review Priority substances determined under WFD to be added to Annex
III of IPPCD.
Directive 2008/105/EC sets water quality standards for priority substances, direct link to IPPC
Seveso II (96/82/EC)
IPPC provides support to Seveso II (96/82/EC) Directives developed and issued at the same time, so interaction at
development stage IPPC is broad in scope and ensures ongoing protection of the
environment, provides a good basis for the development of Seveso II compliance
Seveso II does not seek to replace dangerous chemicals, but IPPC does
Seveso II specifies two levels at which the requirements of the directive apply, IPPC provides an additional lower tier
IPPC requirement for accident response is much weaker than for Seveso II and requires the regulator to tackle this issue effectively as part of the IPPC permitting process
Other Directives
EIA Directive Categories listed in EIA cover most IPPC activities EIA information requirements are broader than IPPC but
complimentary MS may provide for a single procedure to fulfil EIA and IPPC
Access to Information on the Environment IPPC amended to take Aarhus requirements into account
Habitats and Birds Directive Conservation status of designated sites must not be adversely
affected by IPPC activity
Other Directives
Solvents Directive (1999/13/EC) Applies to IPPC activities and also sub-threshold activities SD is a source of permit conditions/ELVs for IPPC regulated
activities
Environmental Liability Directive (2004/35/EC) Directive explicitly applies to IPPC activities Imposes strict liability, no need to prove intent, negligence or fault Strengthens position of competent authority
REACH Regulations No direct relationship to IPPC Recommendations issued under previous legislation (EEC No.
793/93) sometimes referred to IPPC permitting as a means of reducing risks associated with certain compounds
Other Directives
Greenhouse Gas Emissions Trading (2003/87/EC) Where a site is subject to 2003/87/EC the member state may
choose not to impose requirements relating to energy efficiency May lead to two different permits being issued with differing
monitoring requirements
PRTR Regulations (166/2006) Replaces IPPC EPER requirements with PRTR requirements Covers all IPPC activities Register of information on release of pollutants to air, water and
land and transfer of waste and pollutants
Problematic Interactions, examples
Specification of ELVs and interaction with BAT Variations in monitoring requirements and burden Differences in definition of ‘installation’, ‘plant’, etc. Multiple Member State reporting requirements BAT may limit potential for cost-effective emissions
reduction Differences in solvent ‘consumption’ between Solvents
and IPPC directive Replacement of virgin fuels by waste hindered by WID
Problematic interactions continued….
Example of differences between specified ELVs and BAT for large combustion plant
IPPC BAT LCP Directive
NOX (as NO2) 50 – 200 500
SO2 20 – 200 400
Dust 5 – 20 50
The Future………
Some problems have been identified in the inter-relationships between the IPPC Directive and other directives (Impel, 2006).
Some level of harmonisation, consistency and flexibility required, avoid duplication where possible
Industrial Emissions Directive (IED) will address some of the issues identified: BAT/Reporting/Inspections/definitions
IED will incorporate LCPD, WID, Solvents and Titanium Dioxide Directives, i.e. main sectoral directives where issues with interaction have been noted.
Conclusions
IPPC Directive cannot be considered in isolation Direct interaction with many directives, particularly
sectoral directives (LCPD, WID, Solvents Directive) Direct supporting role in many cases (Waste Directive,
Water Framework) Some interactions have resulted in problems in Member
States and some of these will be addressed by the proposed Industrial Emissions Directive.
Knowledge of a range of legislation required within the IPPC process, to ensure that all interactions are considered as part of the permitting process
References
1. Farmer, A. The EU IPPC Directive: Broad Interactions on Industrial Environmental Regulation. Institute for European Environmental Policy.
2. IMPEL, 2006. The inter-relationship of the IPPC Directive with other Directives.
3. European Commission, 2007. Assessment of options to streamline legislation on industrial emissions. Final Report (prepared by ENTEC UK Ltd).
4. IMPEL, 1998. Interrelationship between IPPC, EIA, SEVESO Directives and EMAS Regulation