Proposed IE (IPPC) Directive

The background to the Review of the IPPC Directive

From 2005–2007 the European Commission sought to review the implementation of Directive 96/61/EC on the Integrated Pollution Prevention and Control (IPPC) Directive. The Lisbon Agenda, the Sixth Community Environment Action Programme, and the EU Sustainable Development Strategy, have been important drivers for the process of reviewing the IPPC Directive and related legislation on industrial emissions, such as the Waste incineration Directive (WID), Solvent Emissions Directive (SED), Large Combustion Plants Directive (LCPD) and Titanium Dioxide Production Directives.

While not aiming to alter the main underlying principles and level of ambition of IPPC, the review was used to evaluate the scope for improving the functioning of the directive, its coherence and how it complements other industrial emissions-related legislation and the effectiveness of market-based instruments in this context.

The EC has finished its review of implementation of the IPPC DIRECTIVE throughout Member States (MS) and reported its findings. The EC has found that the key principles of the IPPC Directive provide a sound basis for future development of European Union legislation on industrial emissions; however significant shortcomings have been identified. These are:

Insufficient implementation of best available techniques (BAT) at a Member State level. This has resulted in lower than anticipated emissions reductions and a distortion of competition across the EU.
Limitations in compliance, enforcement and environmental performance, which are hindering environmental protection.
Unnecessary administrative burdens due to complexity and inconsistency in current legal frameworks.
Insufficient scope and unclear provisions of the current IPPC Directive.
Constraints on the use of flexible instruments (eg further emissions trading).

The view from the EC was that the aspirations intended had not been delivered through the use of the IPPC Directive. This could have serious implications for meeting the requirements of the Thematic Strategy on Air Pollution. The main conclusion of the EC was that significant improvements to IPPC are required and that the status quo is not an acceptable option.

As a result the EC has proposed a Directive on Industrial Emissions which aims to address the issues highlighted in the IPPC Directive Review.

The IPPC recast process

On 21 December 2007 the EC adopted a Proposal for a Directive on Industrial Emissions (IE(IPPC)D). The proposal recasts seven existing directives related to industrial emissions into a single clear and coherent legislative instrument. The recast includes in particular the IPPC Directive.

The IPPC Directive has recently been codified (Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning Integrated Pollution Prevention and Control). The codified act includes all the previous amendments to the IPPC Directive and introduces some linguistic changes and adaptations. The substance of the IPPC Directive has not been changed and the adopted new legal act is without prejudice to the new Proposal for a Directive on Industrial Emissions.

The IE(IPPC)D is anticipated to follow the stages and timings for implementation as listed below:

Consideration of proposed IE(IPPC) Directive by European Parliament and Council via co-decision process until late 2009–2010.
Proposed entry into force of new directive on 1^st January 2011.
Transposition of the new directive by Member States by 30 June 2012.
For amendments to Annex 1 activity descriptions, MS have until 1 January 2014 to apply necessary controls.
For additions to Annex 1 activity descriptions, MS have until 1 July 2015 to apply necessary controls.
More stringent ELVs for certain activities will apply from 1 January 2016.

Content of the proposed Directive on Industrial Emissions IE(IPPC)D

The following section provides basic details on the content of the proposed IE(IPPC) Directive. These are provided by way of headline issues and are not intended to be exhaustive:

A single legal act revising and recasting separate legal instruments:

Comprising directives on waste, surveillance and monitoring and elimination of pollution from the titanium dioxide industry the ‘Titanium Dioxide Production Directives’; the ‘Integrated Pollution Prevention and Control Directive’ (IPPC Directive); the ‘Solvent Emissions Directive’ (SED); the ‘Waste Incineration Directive’ (WID); and the ‘Large Combustion Plant Directive’ (LCPD).

Definitions:

Clarified definitions to ensure more consistent interpretation by Member States.

Best available techniques (BAT) and integrated pollution control to remain the key instruments for improving industrial emissions:

Regulation of industrial installations will continue in an integrated manner with BAT to remain a key principle and with BAT Reference Documents (BREFs) central to implementation.
Clarification and strengthening of the concept and role of BAT.
BREFs to be the reference for setting permit conditions. Permit ELVs should not exceed BAT-AELs (Associated Emission Levels).
Provision for derogation from meeting BAT, but only in limited, specific cases and based on assessment of local circumstances. Where derogation occurs, installations must meet the sectoral ELVs.

General Binding Rules (GBRs):

Further provisions for GBRs and explanation about the EC’s aspirations for their use.

Emission Limit Values (ELVs):

Revision of ELVs for large combustion plants and titanium dioxide production.
Provision for temporary derogations from ELVs where emerging technologies are being trialled.
Application of ELVs to off-site spreading of livestock slurry and manure.

Inspections:

A system of environmental inspections will be implemented including plans and criteria for routine and non-routine inspections set out based on environmental risk and competent authorities reporting to the public and taking action on inspection findings.

Monitoring:

Requirement for soil and groundwater monitoring for dangerous substances, and criteria for monitoring.
Removal of some monitoring reporting requirements.

Reporting:

Operators will be required to report on compliance with permit conditions on an annual basis and reporting and monitoring requirements will be simplified by a move toward electronic reporting.

Revised Scope of Annex I Activities:

Annex I clarifies and lowers thresholds for certain activities and introduces new activities.
The Directive shall not apply to research activities, development activities or the testing of new products and processes.

Revised Scope of Annex II Substances:

Air discharges to include fine particulate matter in addition to dust.