Revision of BREF documents in light of the Industrial Emissions Directive

Transcription

1 Revision of BREF documents in light of the Industrial Emissions Directive 11th International Conference Thermal treatment of waste from plans to implementation Bydgoszcz, 4./ Edmund Fleck ESWET President

2 Contents 1. ESWET 2. Introduction 3. BREF documents under IPPC 4. BREF documents under IED 5. Planning for the revision of BREF documents 6. ESWET planning 7. Summary 2

3 1. ESWET: Who is ESWET ESWET is the association of European suppliers of waste to energy technology Main aim is the development and dissemination of technologies for waste incineration Consciousness for the positive aspects of waste incineration for the environment, energy production, recovery of resources shall be initiated and furthered Focus of the activities is the law making process in Brussels 3

4 1. ESWET members 4

5 2. Introduction 1996: IPPC - Integrated Pollution Prevention and Control Directive Introduction of an integrated approach to avoid and control harmful implications to the environment 2000: WID - Waste Incineration Directive Determination of emission limits and other conditions for waste incineration plants 2010: IED - Industrial Emissions Directive New formulation and integration of: IPPC, WID + other directives 5

6 3. BREF documents under IPPC With the IPPC, the elaboration of BREF documents was introduced These should determine what is state of the art for various sectors ('vertical BREF') They are 'technical handbooks' that should assist permitting authorities; they are not legally binding though For the elaboration, the EIPPCB in Seville was founded EIPPCB reports to JRC and thus the Commission Authors for the BREF documents are mostly seconded from authorities in Member States A TWG is formed, consisting of experts from: Member States, Commission, Industry, NGO's 6

7 3. BREF documents under IPPC Activation call of TWG (new BREF) or TWG reactivation and call for wishes (BREF review) 3 months (new BREF) 5 months (BREF review) TWG kick-off meeting Draft 1 (D1) 2 3 months TWG comments 5 7 months Draft 2 (D2) (revised) draft BAT conclusions 2 3 months TWG comments 3 5 months 6 months Information 6 months (new BREF) 4 6 months (BREF review) RAI Chap. 3, 4, 5 RAI RAI RAI BREF - New BREF or BREF revision with major scope expansion Final TWG meeting 3 months Final draft Total: months 7

8 3. BREF documents under IPPC TWG reactivation and call for wishes 5 months kick-off meeting 6 months Information 4 6 months RAI revised draft RAI BAT conclusions 2 3 months TWG comments yes Draft 1 (D1) 3 5 months Draft 2? no Chap. 3, 4, 5 Final TWG meeting Final draft 3 7 months Draft 2 (D2) 2 3 months TWG comments 3 5 months 3 months Total: months (with D2) months (without D2) RAI RAI BREF - 1 st BREF revision without major scope expansion 8

9 3. BREF documents under IPPC TWG reactivation and call for wishes 5 months kick-off meeting 6 months Information 4 6 months Draft 1 (D1) Final TWG meeting Final draft Total: months revised draft RAI BAT conclusions 2 3 months TWG comments RAI 3 5 months Chap. 3, 4, 5 RAI 3 months RAI: request for additional information from the EIPPCB to the TWG (if this is considered necessary) Chap. 3, 4, 5: Update of at least Chapters 3, 4 and 5 BREF - following BREF revision without major scope expansion 9

10 3. BREF documents under IPPC For the current version of the BREF WI (Waste Incineration) the process proceeded like this, after installation of the TWG: Kick-off meeting in Seville Some countries (e.g. AT, DE, NL...) had worked out reports in advance and submitted these early on The author (Paul James/UK) mainly used these in his preparation of the 1st draft Several 1000 comments/remarks 2nd draft; again numerous comments 'Final' draft as basis for the 2nd TWG meeting in Seville 2nd meeting in Seville focused on: chapter 5; BATAOEL table; some 'split-views' 10

11 3. BREF documents under IPPC Short time after 2nd meeting for final comments Formal approval in IEF - Information Exchange Forum (Member States, Commission, Industry, NGO's) Publication in August 2006 Entire BREF document only in English; some Member States had at least Chapter 5 translated into their mother language, on their own initiative (and cost) 11

12 4. BREF documents under IED Under IED, the BREF documents have a completely different status They are more legally binding BAT-Conclusions will be elaborated in a separate chapter These will be translated into all official languages in the EU and have legal status Within 4 years after formal adoption of new or revised BREF documents, permits have to be reviewed and adapted if needed 12

13 4. BREF documents under IED EXISTING BREF (Best Available Technique) Reference Document Based on IPPC (Existing BREFs), Chapters: 1. General Information 2. Applied Processes and Techniques 3. Current Consumption and Emission levels 4. Techniques to consider in the determination of BAT 5. Best Available Techniques 6. Emerging Techniques 7. Concluding remarks 13

14 4. BREF documents under IED NEW PROPOSED BREF Contents: Preface Scope Chapter 1: General information Chapter 2: Applied processes Chapter 3: Current emission and consumption levels Chapter 4: Techniques to consider in the determination of BAT Chapter 5: BAT conclusions Chapter 6: Emerging techniques Chapter 7: Concluding remarks and recommendations for future work 14

15 4. BREF documents under IED EIPPCB (European IPPC Bureau): for each BREF, there will be 2 authors in parallel; this in order to guarantee continuity TWG (Technical Working Group): "Seville group"; composition in principle as before, but representatives from Industry have to be nominated through IED Article 13 Forum IED Article 13 Forum: group consisting of Member States, Commission, Industry, NGO's, led by the Commission. Gives comments/statements to the BAT-Conclusions IED Article 75 Committee: "Comitology", only Member States and Commission; final adoption of BREF document and BAT- Conclusions 15

16 4. BREF documents under IED IED Article The Commission shall establish and regularly convene a forum composed of representatives of Member States, the industries concerned and non-governmental organisations promoting environmental protection. The Commission shall obtain the opinion of the forum on the practical arrangements for the exchange of information and, in particular, on the following: (a) the rules of procedure of the forum; (b) the work programme for the exchange of information; (c) guidance on the collection of data; (d) guidance on the drawing up of BAT reference documents and on their quality assurance including the suitability of their content and format. 16

17 4. BREF documents under IED IED Article Decisions on the BAT conclusions shall be adopted in accordance with the regulatory procedure referred to in Article 75(2) After the adoption of a decision in accordance with paragraph 5, the Commission shall without delay make the BAT reference document publicly available and ensure that BAT conclusions are made available in all the official languages of theunion Pending the adoption of a relevant decision in accordance with paragraph 5, the conclusions on best available techniques from BAT reference documents adopted by the Commission prior to the date referred to in Article 83 shall apply as BAT conclusions for the purposes of this Chapter except for Article 15(3)and (4). 17

18 4. BREF documents under IED Article 75 Committee procedure 1. The Commission shall be assisted by a committee. 2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. [Comitology definition] The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at 3 months. 18

19 5. Planning for the revision of BREF documents Review Preparation TWG Reactivation / Call for wishes Kick-Off Meeting Preparation Kick-Off Meeting Specific Date / Meeting Working Period New Information Drafting Draft Formal TWG Comments Drafting Final TWG Meeting Prepare final draft Consideration by Forum Forum Preparation Committee Preparation BATC Publication 19

20 5. Planning for the revision of BREF documents Work under IED has started with the revision of the BREF 'Glass and Steel' In parallel a so-called 'Guidance Document' has been elaborated in the Art. 13 Forum and published on : "Commission implementing decision 2012/119/EU of 10 February 2012 laying down concerning guidance on collection of data and of the drawing up of BAT reference documents and on their quality assurance referred to in Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions" As always, documents like this are a compromise; but our assessment is that we can live with it Revision of the BREF LCP is the first governed by IED from the very beginning 20

21 5. Planning for the revision of BREF documents 21

22 5. Planning for the revision of BREF documents BREF WT Reactivation of the TWG: Submission of 'wish list': Kick-off meeting: Questionnaire send: Reply to questionnaire: BREF WI Reactivation of the TWG: Submission of 'wish list': Kick-off meeting (planned):

23 5. Planning for the revision of BREF documents After reactivation of the TWG, a so-called 'wish list' can be submitted (also called 'frontloading') Under IED, preferably complete data sets/information from various plants shall be provided A 'Questionnaire' has to be elaborated specifically This should request not only technical data, emissions, consumption etc. but also cost Data should be collected over a longer period, e.g. one year In principle, data could be declared as 'confidential'; then only EIPPCB will have access, not the TWG 23

24 6. ESWET planning ESWET has started with a dedicated working group more than 2 years ago Most important are the revision of the BREF WT and the BREF WI In a first step, the existing documents have been analysed; identifying missing/wrong/outdated information The implications of the new 'rules' on the data reported has been analysed in great detail A detailed 'wish list' has been prepared and submitted First for the BREF WI, but then also for the BREF WT, ESWET and CEWEP have formed joint working groups 24

25 6. ESWET planning Some questions How many plants and which plants should provide data; how many will answer Short- or long-term averages How to deal with data/information declared as 'confidential' How will BATAEL's (ranges or single values) be derived 25

26 7. Summary The role of BREF documents has changed significantly under IED From a 'technical handbook' to a legally binding document, that is mandatory in permitting This will play a role when submitting data/information How and what data will be collected, will be quite different All stakeholders will start much earlier and more intense with their preparation 26

27 7. Summary All participants are on a 'learning curve' EIPPCB is struggling with resources; envisioned time for revisions of BREF cannot be kept Has led to focusing more and more on BAT-Conclusions and what is leading to them Commission and EIPPCB are in general very transparent and cooperative Will be a time-consuming, interesting and challenging process But will be worth the effort BREF documents are being looked at worldwide 27

28 Thank you very much for your attention 28