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
Commodity Exchanges of Turkey
(TOBB)
Dr. Ian Marnane
Irish Environmental
Protection Agency
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.
Range of Potential Interactions with
Some other Community Legislation
Emissions Trading Water Framework
Directive
Directive
Solvents Directive
Animal By-Products
Regulations
Access to Environmental
Information Directive
National Emissions
Ceiling Directive
Habitats Directive
Landfill Directive
Waste Directive
Nitrates Directive
Groundwater
Directive
IPPC
Directive
Environmental
Liability Directive
EIA Directive
PRTR Regulations
Seveso Directive
Minimum
Waste Incineration Inspection Criteria Large Combustion
Directive
Plant Directive
Decision
Air Quality
Framework
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 coincineration, 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 interrelationships 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: [email protected]
Website: www.epa.ie