Transcript The Industrial Emissions Directive 2010

The Industrial Emissions Directive 2010
YES Breakfast, 27 February 2013
Nabarro LLP and Waterman
What are the aims of the Industrial
Emissions Directive 2010 (“IED”)?
• IED replaces, amends and corrects seven existing
environmental Directives on pollution control
• It aims to:
– resolve overlaps and inconsistencies between the directives
by combining them into a single, unified structure
– simplify and reduce the administrative burden on operators
– streamline permitting, reporting and monitoring
requirements
– achieve a high level of environmental protection
– strengthen the use of best available techniques (“BAT”)
How will the IED be implemented?
• Implementation by 7 January 2013 - England and Wales missed this
deadline
• Implemented by the Environmental Permitting (England and Wales)
Regulations 2013 (“2013 Regulations”):
– 2013 Regulations approved by Parliament on 13 February 2013
– DEFRA: 2013 Regulations in force today (27 February 2013)
• 2013 Regulations will amend the current Environmental Permitting
(England and Wales) Regulations 2010 (“EPR”) to transpose the
requirements of the IED
• New guidance is to be developed and existing guidance updated
• Regulators have been briefed about the changes to the EPR
IED timetable for impact on business
• 7 January 2013 – operators of new Part A and existing Part B
installations must comply with applicable parts of IED. Applications for
new facilities after this date must demonstrate IED compliance
• 7 January 2014 - operators of existing Part A installations (not Large
Combustion Plants (“LCPs”) must comply with applicable parts of IED.
Includes new facilities permitted prior to January 2013 but operational
after this date
• 7 July 2015 - IED applies to existing installations operating newly
prescribed activities (e.g. some composting & Anaerobic Digestion
facilities, some Mechanical Biological Treatment facilities)
• 1 January 2016 - LCPs must meet the specific requirements set out
in Chapter III and Annex V of the IED
IED changes: Extended scope of
EPR
• EPR requires operators of “regulated facilities” to hold an environmental
permit for their activities
• IED has widened the definition of a “regulated facility”
– various sector-specific technical changes have been implemented
– permits will be required for previously excluded activities and vice
versa
• Changes since the DEFRA consultation
– 2013 Regulations do not introduce a single permit for multiple
activities at one installation
– no registration system for solvent emission activities in place of the
permitting regime, therefore a permit will still be required
IED changes: BAT
• Regulator responsibilities
Regulators are required to:
– be aware of developments in BAT
– actively encourage the application of emerging techniques
– use future BAT conclusions as the reference point for setting permit
conditions
– set permit conditions stricter than BAT only where:
– necessary to ensure that no significant pollution is caused; or
– environmental quality standards require stricter conditions
• Impacts
– Operators will be under increased pressure to apply new techniques to their
activities
– Regulators may use applications for new permits/permit variations to
discharge their obligation to encourage the use of emerging techniques
– Operators should consider appeals against “gold-plated” permit conditions
IED changes: Deemed conditions
and enforcement
•
Permits for Part A installations, waste/co-incineration plants or solvent emission activities
deemed to include conditions:
a) If a permit condition is breached to:
o inform the regulators;
o ensure that compliance is restored within the shortest possible time; and
o If the breach poses immediate danger to human health or the
environment, to suspend operations until compliance is restored
b) If an incident occurs which significantly affects the environment to:
o inform the regulators;
o take measures necessary to limit the environmental consequences; and
o take measures to prevent further possible incidents
•
Impacts
– Regulators can now serve enforcement notices even if no permit breach
– Increased risk of an offence under the EPR, leading to severe penalties:
o Magistrates’ Court – fine up to max £50,000 and/or 12 month imprisonment
o Crown Court – unlimited fine and/or 5 years’ imprisonment
o Directors’ liability
– Loss of revenue on suspension of operations
– Operators need clear procedures on reporting lines, monitoring, incident notification
and liaison with regulators
IED changes: Permit reviews
• Regulator obligations: to review permits in accordance with Art. 21 of the IED.
The reviews will:
– take place within 4 years of the introduction new BAT conclusions;
– reconsider permit conditions and update (where necessary) to ensure
compliance with IED and new/updated BAT conclusions
– reconsider and update permit conditions, as a minimum, where:
o pollution caused by the installation is of “such significance” that
existing emission limit values need to be revised or new values
included in the permit;
o operational safety of an activity requires other techniques to be used;
and
o it is necessary to comply with new (stricter) environmental quality
standards
• Impacts for operators
– Possible variation of permit conditions and introduction of more stringent
requirements
– Operators should consider whether there is any scope to appeal those
variations
IED changes: Baseline reports
• Obligations
For permitted activities involving the use, production or release
of hazardous substances, a baseline report will be required to:
– determine the state of soil and groundwater contamination
at the permitted site
– enable a comparison to be made at the time of surrender
• Impacts for operators
– New installations: baseline report required on permit
application
– Current installations: baseline report required on the
regulator’s next operational review
– Increased costs for operators to prepare/revise reports
Summary of technical changes to
EPR
• Stringent Emission Limits for LCPD installations
• Many activities have been removed from Schedule 1 or
downgraded from Part A1 to A2 or B
• Waste Section has been significantly rewritten
• Some new activities have been added
LCPD
• Minimum requirements for large combustion plants – Chapter III
and Annex V
– SOx, NOx and dust emission limit values (ELVs) must be at least as
stringent as those prescribed in the IED
– It also provides various optional “bounded flexibilities” through which
those ELVs can be relaxed or not applied
– The transitional national plan (TNP) enables operators to opt to
place plants in the TNP. Overall annual emissions cap which
reduces between 2016 and 2020. Gives operator time to make
adjustments
– The “limited life derogation” (LLD) operate for no more than 17,500
hours, from 1 January 2016 to 31 December 2023. ELVs set at 31
December 2015 are maintained till closure
Activities Removed from Schedule 1
• Forty-nine industrial activity descriptions removed because:
– no longer carried out e.g. destroying a railway vehicle by
burning if asbestos has been incorporated in, or sprayed
on to, its structure
– covered by other description e.g. landfill gas engines will
now generally be regulated as DAA's to the landfill
– not in IED – deregulation
– DEFRA and WAG have retained some activities which
are not in IPPC or in IED but pose an environmental risk
• For a full list of changes please see handout
Activities Removed from Schedule 1
(cont…)
A number of activities removed from following sections:
1. Energy
• 1.1 Combustion activities
• 1.2 Gasification, liquefaction and
refining activities
2. Metals
• 2.2 Non-ferrous metals
3. Minerals
• 3.1 Production of cement and lime
• 3.2 Activities involving asbestos
• 3.3 Manufacturing glass and glass
fibre
• 3.4 Production of other mineral fibres
4. Chemicals
• 4.1 Organic Chemicals
• 4.2 Inorganic chemicals
•
•
4.3 Chemical fertiliser production
4.4 Plant health products and
biocides
• 4.5 Pharmaceutical production
• 4.7 Manufacturing activities involving
carbon disulphide or ammonia
5. Waste
• 5.1 Incineration and co-incineration
of waste
6. Other
• 6.1 Paper, pulp and board
manufacturing activities
• 6.4 Coating activities, printing and
textile treatments
• 6.6 Timber activities
Activities downgraded from Part A1
to A2 or B
3.1 Production of cement and lime
– Grinding cement clinker is moved from a Part A1 to a Part A2 activity
4.1 Organic Chemicals
– A1(e) The flame bonding of polyurethane foams or polyurethane
elastomers, is now a part B activity
6.6 Timber activities
– The part A1 activity is removed (Curing, or chemically treating, as part of
a manufacturing process, timber or products wholly or mainly made of
wood if any substance in paragraph 7 of Part 1 of this Schedule is used).
– It is replaced with a Part A2 activity: Preservation of wood and wood
products with chemicals with a production capacity exceeding 75m3 per
day other than exclusively treating against sapstain
If the activity is no longer permitted
then what do I do?
• Where the permit relates only a schedule reference which is no
longer included, that permit ceases to have effect.
• Where a permit contains any conditions which relates solely to a
description which is no longer included, that condition ceases to
have effect.
If the activity moves from Part A to
Part B or other type of permit then
what do I do?
• Activities moving from Part A to B or other type of permit:
– the permit is deemed to be granted; and
– any conditions of that permit which are applicable only to Part
A installations cease to have effect.
• Change in regulator to Local Authority
Waste Sector - Incineration
• Incineration and co-incineration of hazardous waste is only a Part A1 activity
if it is above 10t per day.
• Incineration and co-incineration of non-hazardous waste is only a Part A1
activity if it is above 3t per hour; it was previously 1t per hour.
• The incineration of waste in a plant which is not an incineration plant or a coincineration plant is no longer a Part A1 activity.
• A2 activities are removed and Part B activities now cover incineration or coincineration of specific wastes if they exceed 50kg per hour.
• Removal of PAH and PCB monitoring requirements from waste incinerators.
• Activities below these thresholds are small waste incineration plants (SWIP)
and BAT does not apply.
Waste Sector – Disposal and Recovery
• Previous Schedule 1 of EPR
– Section 5.3 was Disposal of Waste other than by Incineration or Landfill
– Section 5.4 was Recovery of Waste
– Did not include recovery of non-hazardous waste
– Deemed equally high environmental risk as other waste activities
• New Schedule 1 of EPR
– Section 5.3 is now disposal or recovery of hazardous waste exceeding
10 tonnes per day, including blending, mixing or repackaging prior to
other activities
– Section 5.4 is now disposal or recovery of non-hazardous waste
exceeding 50 tonnes per day (or 100 tonnes per day if the only waste
treatment activity is anaerobic digestion) including new activities:
o pre-treatment of waste for incineration or co-incineration
o treatment of slags and ashes
o treatment in shredders of metal waste including waste electrical and
electronic equipment and end-of-life vehicles and their components
o larger biological treatment sites including MBT, AD and composting
Waste Sector – Disposal and Recovery
(cont…)
Old Section 5.3 Part A1(b): The disposal of waste oils (other than by incineration or landfill)
in a facility with a capacity of more than 10 tonnes per day (including storage)
New Section 5.3 Part A(1)(a)(x): Disposal or recovery of hazardous waste with a capacity
exceeding 10 tonnes per day involving one or more of the following activities: oil re-refining
or other reuses of oil
‘Do you have any uncertainties about which waste management activities are now
subject to IPPC requirements? If so, how would you like them remedied?’
Fifteen out of 27 had uncertainties, including five of the eight respondents from the Waste
sector. These uncertainties can be addressed in guidance.
Other New Activities
IPPC requirements upon:
Ref:
Activities
Concern
5.6
Temporary or underground storage of hazardous waste exceeding 50
tonnes
odour, land protection, water
pollution
5.7
Independently operated wastewater treatment works serving only industrial
activities subject to the Directive
odour, land protection, water
pollution
6.6
Wood preservation
heavy metals, biocides
6.8
Clarification of the application of IPPC to installations producing foodstuffs
from a mixture of animal and vegetable materials
odour, site protection
New activities at current Part A installations have until 15 July 2015 to
obtain a permit
Application Timetable
• “Duly made” applications must be submitted by:
30 September 2014:
– Gasification or liquefaction of coal or other fuels in installations with a total rated
thermal input of 20 megawatts or more
– Biological processing of chemicals
– Non Hazardous Waste Recovery Activities
31 December 2014:
– Hazardous Waste Activities
– Non-Hazardous Waste Disposal
– Wood Preservation
31st March 2015:
– Temporary or underground storage of hazardous waste
– Independently operated treatment of waste water
– Food sector
BAT Assessment
• BAT – Best Available Techniques
• Sector specific
Published in 2004
Published in 2004
Published in 2009
Key BAT changes
BAT Conclusions published by the EU
Four years for regulator to review permit
if necessary, update
permit conditions
“derogation” provision - regulators can set
less stringent emission limits than BAT
Published BAT Conclusions
• 2013/84/EU: tanning of hides and skins
• 2012/135/EU: iron and steel production
• 2012/134/EU: manufacture of glass
• Best available techniques reference document for energy efficiency
• 2012/119/EU: rules concerning guidance on the collection of data and on
the drawing up of BAT reference documents and on their quality
assurance
How do BAT conclusions vary from current BAT?
Pollutant
Process
CO
BAT (S2.01)
(mg/m3 daily ave)
BAT Conclusion (2012/135/EU)
12-39 kg CO/t sinter
Dust
Bag filter
<20
< 1 – 15
Dust
Adv ESP
<50
< 20 – 40
Dust
Cooling ESP
<50
< 30
Dust
Cooling bag filter
<50
< 10
Mercury
Bag filter
0.015 g/t sinter
< 0,03 – 0,05
Sox (I to IV)
Sinter plants
< 500
spot sample
< 350 – 500
Sox (V)
wet desulphurisation or regenerative
activated carbon (RAC) process
< 100
spot sample
< 100
Nox
waste gas recirculation
200-310 (spot sample)
< 500
Nox
RAC
200-310 (spot sample)
< 250
Nox
SCR
200-310 (spot sample)
< 120
(PCDD/F)
bag filter
0.1-0.5 ng I-TEQ/m3
Spot determination
< 0,05 – 0,2 ng I-TEQ/Nm 3
(PCDD/F)
advanced electrostatic precipitator
0.1-0.5 ng I-TEQ/m3
Spot Determination
< 0,2 – 0,4 ng-I-TEQ/Nm 3
suspended solids
Effluent
40 mg/l
< 30 mg/l
COD
Effluent
300 mg/l
< 100 mg/l
heavy metals
Effluent
0.02 – 0.5 mg/l
< 0,1 mg/l
BAT – Get involved
• Information comes from operational experience
• Operators have full opportunity to influence BAT conclusions
• DEFRA chairs a grouping of UK industry representatives who
have shown themselves able to identify any perceived disparity
of practice within the EU in respect of industrial pollution control.
Costs
• Associated charges are very unlikely to increase as a result of IED
• However, cost to specific sectors:
Sector
Cost (£millions)
Comment
LCPD
£1,907
Over 15 years from 2016
Waste
£3.6 - £44
142 to 416 new installations
Wood Preservation
£0.9 - £2.1
244 installations
Independent Wastewater Plants
£0.3
3 to 5 installations
Food
£0.7 to £3.4
20 to 40 installations
• Possible refund on subsistence costs for activities that are no longer
covered by a schedule reference
What to do now (and where you
could come unstuck)…
• Start permit applications early to:
– allow adequate time to complete them before the deadlines
– discover and overcome issues early
– allow regulated activities to start sooner, bringing immediate economic
benefits
– avoid unnecessary enforcement action
• Ongoing compliance
– Audit current processes/procedures to ensure compliance with IED and BAT
– Review subsistence charges to deduct activities no longer requiring a permit
– Consider preparation or review of baseline reports
– Develop a plan for ongoing monitoring and assessment of activities against
these criteria, to avoid nasty surprises on permit review
• Regulator liaison
– Developing early and open relations is to everyone’s benefit
– Ensure that advice/position statements are given in writing
– Educate the regulators about your business – and CHALLENGE them!
Contact details
Waterman
Tom Cullingford, Associate Director
[email protected]
0114 229 8900
Nabarro
Lukas Rootman, Partner
[email protected]
0114 279 4022
Alex Ibrahim, Senior Associate
[email protected]
020 7524 6569
Rebecca Roffe, Associate
[email protected]
0114 279 4040