The Impact and the Relation of the IPPC Directive with other Directives

1. 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 CommodityExchanges of Turkey (TOBB) Dr. Ian Marnane Irish Environmental Protection Agency

2. 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

3. 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)

4. 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

5. 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

6. 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

7. 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

8. 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.

9. Range of Potential Interactions with Some other Community Legislation Emissions Trading Directive Water Framework Directive Access to Environmental Information Directive National Emissions Ceiling Directive Solvents Directive Animal By-Products Regulations Habitats Directive Landfill Directive Waste Directive IPPC Directive Groundwater Directive Nitrates Directive Environmental Liability Directive EIA Directive Air Quality Framework Directive PRTR Regulations Seveso Directive Minimum Inspection Criteria Decision REACH Regulations Waste Incineration Directive Large Combustion Plant Directive

10. 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

11. 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’

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. Problematic interactions continued…. • Example of differences between specified ELVs and BAT for large combustion plant

21. 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.

22. 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

23. 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

24. 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