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

Thanks for listening

Dr. Ian Marnane

Office of Environmental Enforcement

Environmental Protection Agency

Richview

Clonskeagh Road

Dublin

Phone: + 353 1 2680100

Mail: i.marnane@epa.ie

Website: www.epa.ie