Integrated Pollution Prevention and Control workstrands

In order to inform the IPPC Directive Review, the European Commission employed several external projects, or “workstrands”. These are as follows:

The implementation of the IPPC Directive by Member States

The main objectives of this workstrand were to assess progress in relation to the issuing of permits for IPPC Directive installations and to assess (by sampling) whether those permits which had been issued for IPPC installations fulfilled the underpinning principles and therefore were issued in accordance with the requirements of the directive.

In particular, the study looked at permitting progress in relation to the final compliance date for IPPC of 30 October 2007, the measures which were in place to manage the permitting process, data collection in relation to permitting, the methods of permitting, the Member State legal framework for implementing IPPC and guidance.

Options to streamline legislation on industrial emissions and possible emissions trading schemes for nitrogen dioxide (NOx) and (SO2)

The IPPC Directive, while being an entity on its own, has several cross-cutting directives on industrial emissions control which may affect how permits are issued and the assessment of best available techniques (BAT). This can provide significant difficulties for regulators in determining suitable permit conditions, for industry in providing difficulties in assessing compliance and in the climate of Better Regulation can provide additional unwanted and onerous reporting and monitoring requirements. These directives include the Waste Incineration Directive (WID), Solvent Emissions Directive (SED) and Large Combustion Plant Directive (LCPD).

The main objective of the workstrand was to provide information that will assist in the development of plans and proposals concerning the potential for integration of industrial emissions legislation and the potential for different approaches to controlling emissions from industry.

The workstrand primarily focussed on:

  • the interactions between IPPC and other sectoral directives and identification of where tensions arise;
  • the economic, social and environmental impacts of possible streamlining options;
  • the possibilities for development of trading schemes for emissions of NOx and SO2.

Beyond regulatory compliance

The IPPC Directive aims to minimise pollution and other environmental impacts from various industrial sources throughout the EU through the issuing of permits.

Additional incentives or instruments, such as taxes or voluntary programs, could also be used to encourage operators to go beyond mere IPPC permit compliance requirements and to enhance the dynamic nature of the best available technique (BAT) concept.

A mix of instruments, such as taxes and regulatory relief, in combination with the more traditional permitting approach, could be used to regulate industries and secure further environmental benefit. Use of measures such as programs, charges and taxes could be aimed to achieve performance better than these upper limits set in the permit.

The main aim of the study was to identify and assess tools or instruments that encourage operators of IPPC installations to change their behaviour and to innovate and perform Beyond Regulatory Compliance (BRC).

Data gathering and impact assessment for possible amendments to the IPPC Directive

The IPPC Directive has been identified as having several areas which may need to be strengthened. This workstrand aimed to provide evidence on issues identified as areas to consider for potential technical amendments to the directive.

The areas which were identified as possibly requiring technical amendment include:

  • Specific Emission Limit Values (ELVs)
  • Clarification of interpretations
  • Requirements for inspection
  • Requirements on discharges to water
  • Provision of information by MS to the Sevilla process
  • Possible amendments to Annex I of the IPPCD (eg thresholds, new activities, etc)

Integrated measures in agriculture to reduce ammonia emissions

The IPPC Directive currently requires regulation of limited aspects of the agricultural sector (the intensive rearing of poultry or pigs above a certain capacity). This workstrand looked at wider measures to secure reductions in ammonia emissions and the possible extension of the directive to include a wider proportion of the intensive agriculture sector (this being one of four parcels of work).

The overall objective was to identify the most appropriate integrated and consistent actions to reduce various environmental impacts (notably to water, air and climate change) from agriculture. This required the development of a methodology to assess and quantify the costs and the effects of various policies and measures aiming at reducing the impact of agriculture on the environment.

The work on ammonia comprised four separate tasks (which were later integrated) as listed below:

  • Development and application of the integrated nitrogen model MITERRA-EUROPE
  • Analysis of international and European policy instruments: pollution swapping
  • Assessment of most promising measures
  • Impact assessment of a possible modification of the IPPC Directive

Different approaches to implementation of the IPPC Directive and their impacts on competitiveness

The intention of the IPPC Directive was to provide a ‘level playing field’ across the EU in order that while environmental controls were being improved there was not distortion of competition from individual MS implementation of the IPPC Directive requirements.

This workstrand assessed the impacts of different approaches to IPPC implementation on competitiveness with particular regard to the flexibility provided for by Article 9(4) of the IPPC Directive in relation to the setting of permit conditions and the application of best available techniques (BAT).

This study also extended to the assessment of the application of the ‘regulatory cycle’ (such as inspection frequency, review frequency, monitoring and reporting requirements, etc) across Member States and the potential for distortion of competition or economic advantage from differing regulatory burdens across the EU. Consideration was also given to the effects of IPPC Directive implementation for Member States when compared with non-EU nations.

Review and possible widening of the scope of the IPPC Directive in relation to waste treatment activities

The IPPC Directive currently requires activities such as disposal and recovery of certain wastes, incineration of waste and certain landfills to be permitted.

This workstrand investigated the economic, environmental and social impacts relating to potential addition to the activities listed in IPPC Directive Annex I with regard to waste treatment activities and the current definition of wastes as stated in the directive. Evidence was obtained from Member States on current practices and environmental controls, the identification of different options to address relevant concerns and different options for taking forward possible additions.

The issues in relation to waste definition and possible ‘new’ activities to be considered for bringing into the scope of the IPPC Directive are listed below:

  • Waste coverage definitions
  • Waste activities list and thresholds
  • Biological treatment of organic waste
  • Pre-treatment of combustible waste for co-incineration
  • Sorting of construction and demolition waste
  • Off-site treatment of slags and ashes for recycling
  • Recycling of sludges, wood, rubber, minerals, edible oils/fats and gypsum
  • Mechanical and chemical recycling of plastics
  • Scrap metal preparation

The use of general binding rules for the implementation of the IPPC Directive

The IPPC Directive allows Member States to prescribe certain requirements (for some categories of installation) as general binding rules (GBRs), provided that an integrated approach and an equivalent high level of environmental protection as a whole are ensured.

The workstrand gathered information on the use by Member States of GBRs for the implementation of the IPPC Directive, to gain an understanding of the way these GBRs have been determined and are used, and to assess the GBRs and their uses against the obligations laid down in the directive. There were four broad work areas which informed the outputs of the workstrand, these being:

  • Overview of the use of GBRs
  • Selection of example GBRs for analysis (case studies)
  • Data gathering
  • Data assessment