Vibeke Burchard Carl Bro as + 45 27 23 68 11 - Vbu@carlbro

1

Consultant: CMDC Joint Venture

Multi-Country Conference Prague 7-9 June 2004

Selected challenges in IPPC permitting - experience from CEE

Vibeke Burchard

Carl Bro as

+ 45 27 23 68 11

- [email protected]

2Consultant: CMDC Joint Venture

4- 6 years ago focus was upon

What is IPPC – this directive that totally changed the permit system in all CEE countries

Difference between single media system and integrated approach

BAT and Best for the environment as a whole Focus on input and not only emission and discharges Public access Regular inspections checking compliance with permit


NOW• Good principal understanding of Integrated Permitting• Institutions and competence in place• Many permits issued

- Still permitters find the permitting task, ”difficult and very time consuming”

- Too much ”desk work” – few face to face consultations- Lack of comprehensive BAT evaluation – insufficient applications- Permits do not always have clear and enforceable conditions- Tools for checking EQS missing or permitters have no knowledge


My WARM UP presentation Focus on

1. BAT as a flexible concept,

2. National BAT guidance and BAT evaluation

3. Shortcomings in the applications related to BAT

4. Priority substances

5. Setting emission limit values

6. IPPC and environmental management


Best is most effective in achieving a high general level of protection of the environment as a wholeof the environment as a whole

Available: developed on a scale which allows implementation in the relevant sectorsector under economically and technically viable conditions – reasonably accessiblereasonably accessible to the operator

Technique: both the technologytechnology and the waythe way an installation is designed, operated, maintained and decommissioned


Waste Water

BBest for the est for the Environment as a WholeEnvironment as a Whole

Raw materials

Auxiliaries

Energy / Fuel

Water

INPUTOdour

Ground/soil and ground water protection

WASTErecovery of waste and disposal

Air emissions – local, local, regional and globalregional and global

Accident prevention

Noise and vibrations

Decommissioning

Management, operation, monitoring


1. BAT is a flexible concept Not enough to consult the BREFS!!

Art 9.4: when setting ELV take into consideration:• the technical characteristics of the installation, • geographical location• local environmental conditions• minimisation of long distance and transboundary pollution• high level of protection of the environment as a whole

Annex IV- likely costs and benefits (proportionality)- commissioning dates (respect the investment cycle)- time needed to implement (pre-application consultations needed)


BAT is a flexible concept

• BUT You cannot allow a heavily polluting installation in a difficult financial situation to continue harming the environment

Solution:• State funds/loans - not distorting competition• EU structural funds for regional development• Refusal of permits• Time limited permits


Questions 1 BAT Guidance

• Does you country have (or have plans for) national BREFs• How is it ensured that national BAT Guidelines are in

compliance with EU BREFs• Does your country have set up Technical Working Groups or

has plans to do it. What are the mandate/tasks - how are they selected

• How does the Ministry inform the permitters and operators about BAT?

• Can you recommend BREFs that are not yet planned by the EU – what do you miss (for instance BAT for cow farms)

• Any national initiatives to recommend


Questions 2 BAT is a flexible concept

• How do you solve problems related to installations with old, outdated technology, high pollution load in areas with high unemployment – has EU funding been sought or national grant/loans be granted

• Will you make use of time limited permits or even refusal of permits

• Have consultations started with all existing IPPC enterprises or do you have such plans ? – to leave sufficient time for implementation of BAT measures

• What can you recommend as a national initiative


3. Operator’s BAT evaluation- experience shows

• Operator does not compare his technique to BAT or the information presented in the application is not comprehensive and sufficient

• He does not present a justified deviation from BAT• In case of non compliance with BAT, the operator does not

present an action plan with time schedule or the plan is not justified and targets not set

• The operator does not present sufficient information (BAT is not only ELVs but also use of energy and water, ground and ground water protection, waste minimisation and waste recovery monitoring, prevention of accidents)


Questions 3 Focus at BAT evaluation

• Are operators in your country obliged, in his application, to compare the techniques to BAT

• If, yes, how is the information presented (pls give examples) ?• Is the operator’s information sufficient?• How/where does the operator find knowledge about BAT• How do you build in the improvement plans in the permit

• Can you recommend any national initiatives to improve the situation


4.Focus on Priority Substances

Sources of information are eg:

• ANNEX III of the Directive• List of I (and list II) dangerous substances (76/464)• Water Framework Directive Priority Substances and Priority Hazardous

substances (Annex X 32 substances or groups of s.)

- TOXIC, - PERSISTENT and - liable to BIOACCUMULATE

• VOC Directive 99/13 – phase out carcerogenic, mutagenic and toxic to reproduction (R 45, 46, 49, 60, 61)


RED ligth ! IF

• R 50,51, 52, 53: Dangerous, Toxic, or very toxic to aquatic environment

• R 45, 45, 48, 49, 60, 61: Hazardous to man, incl. unborn child

• R 58 and 59 (long lasting effect in environment, damage to ozone layer)

• Other Rs eg. Explosive, Highly flammable etc

4.Focus on Priority Substances


- Emission Ceiling Directive (SO2, NOx, VOC & NH3

- Air Framework Directive (SO2, NOx, particles, Pb, benzene, CO, PAH, Cd, Ar, Ni & Hg)

- Acidifying substances- Eutrofying substances- Ozone precursors- Toxic /hazardous

4.Focus on Priority Substances- the local environment


focus at long distance and transboundary effects

- Acidifying substances

- Eutrofying substances

- Toxic substances

- so dilution is NOT the long term solution

4.Focus on Priority Substances- also long distance and transboundary


Questions 4 Focus on priority substances

• How do you evaluate the information from operator on his choice of raw materials and auxiliaries

• Which information does the operator have to present• Examples of substitution of hazardous material• Do you have specific guidance on priority substances

• National guidance recommended ?


5. BAT and emission limit values

§ 9.4 ...ELVs shall be based on the use of BAT, ....taking int account:

• the technical characteristics of the installation, • geographical location• local environmental conditions• minimisation of long distance and transboundary pollution• high level of protection of the environment as a whole

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Consultant: CMDC Joint Venture

5. BAT and Emission Limit Values

EU Emission limit values EU Emission limit values are are minimum valuesminimum values

Local conditions (EQS!!)Local conditions (EQS!!)

High level of protection of High level of protection of the environment as a the environment as a whole!whole!

EU BREFs for sectorsEU BREFs for sectors

Other BAT sourcesOther BAT sources

Technical characteristics of the installation

andand

Investment cycle

Long distance and Long distance and transboudary pollutiontransboudary pollution


5. BAT and Emission Limit Values

The site specific permit

Result of the site specific evaluation


5. BAT and Emission Limit Values- national challenges

• ”All limit values need to be in legal acts” – we cannot leave it for the permitter to decide ELVs in the permits” – guidance is not enough.

• ”We cannot base emission limit values on ”non national BAT guidelines (e.g BREFs) – we need national guidelines”


Questions 5 BAT and Emission limit values

• Do you have emission limit values in national legal Acts other than EU limit values.

• Taking into acount the ELVs in the legislation, how do you ensure that Art 9.4 is complied with

• How do you take ”external water treatment” into account when setting emission limit values (Art 2.6)

• Should BREFs have more precise guidance on emission limit values rather than the range often seen (e.g 2-400 mg/Nm3)

• Are national initiatives needed/recommended (eg. Air and water dispersion models, guidance, training?)


6. Precise, controllable and enforceable conditions - A challenge for the project training

Dust emission from Stack 5: ”100mg/Nm3”

One must consider:- control period (one hour/day/month/year)- average time of measurement (1 hour, average of three times 1 hour measurement, continuous….)- uncertainty of sampling and analysis- measurements/samples should be representative- location of sampling- are exceedance of the limit values allowed?- If yes, how often and how much


Emissions vary over time

ELVnever to be exceeded

ELV which could be exceeded twice a month for max 1 hour

Guiding value to aim for

100

130

70


6. Environmental management and BAT

TechniqueTechniqueTechnologyTechnology

the wayway you operatethe wayway you designthe wayway you maintain- decommissioning EMAS

ISO 14000


Questions 6 Environmental Management

• Are the operators in your country obliged to have an environmental management system

• Does the operator have to include information about management in his application

• Are national initiatives recommended

Documents

Vibeke Burchard Carl Bro as + 45 27 23 68 11 - Vbu@carlbro