the european best available techniques (bat) approach · 4/20/2016 · the european best available...

UNECE/CLRTAP/TFTEI Workshop 20 April 2016

European IPPC Bureau

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The European Best Available Techniques (BAT) approach

Workshop to promote the understanding and implementation of BAT across the entire UNECE region with focus on countries

in the EECCA region Berlin, 20-22 April 2016

Georgios Chronopoulos, BREF author,


European Commission, Joint Research Centre



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European IPPC Bureau (EIPPCB)

~20 staff within the Sustainable Production and Consumption (SPC) Unit

of the Institute for Prospective Technological Studies (IPTS)

IPTS in the context of the Joint Research Centre (JRC)



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Outline of this presentation

1 - The Industrial Emissions Directive (IED)

2 - The Sevilla process

3 - Challenges for the drawing up and review of BREFs under

the IED



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1 - The Industrial Emissions Directive (2010/75/EU)



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Industrial Emissions Directive 2010/75/EU (IED)

Key instrument for minimising consumption and emissions of industrial activities in Europe

General framework:

prevent and, if not feasible, reduce pollution

high level of protection for the environment as a whole

permit based on Best Available Techniques (BAT)

BAT are determined by a Technical Working Group steered

by the JRC (EIPPCB) and documented in BREFs

‘BAT conclusions’ are secondary legislation



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Structure of IED

• Ch. I: Common provisions

• Ch. VII: Committee, transitional and final provisions

• Annexes

Ch. II: Provisions for all activities listed in Annex I

Ch. III: Special provisions for combustion plants [> 50 MW]

Ch. IV: Special provisions for waste (co-)incineration plants

Ch. V: Special provisions for installations and activities using

organic solvents

Ch. VI: Special provisions for installations producing TiO2

BAT-based permit conditions

Sectoral « minimum » requirements incl. emission limit values



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Annex I to IPPC and IED Directive

Wide range of industrial activities listed:

• Energy industries

• Production and processing of metals

• Mineral industries Cement, lime, glass, ceramics

• Production of chemicals

• Waste management industries Several recovery or disposal operations

Incineration

• ‘Other’ industries: Pulp and paper, textile processing

Tanning of hides and skins

Intensive farming of pigs and poultry, slaughterhouses and animal by-product processing,

food drink and milk processing, surface treatment using organic solvents

~ 50 000 IPPC installations in Europe



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Environmental scope of the IED

waste prevention and recovery

energy & water use

prevention and control of accidents

noise

vibration

heat

emissions to water

odour

emissions to air



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Definition of BAT in the IED

Best Most effective in achieving a high general level of

protection of the environment as a whole

Available Developed on a scale which allows implementation in the

relevant industrial sector, under economically and technically viable conditions

Techniques Both the technology used and the way in which the

installation is designed, built, maintained, operated and decommissioned

Note: in determining BAT, special consideration should be given to the criteria listed in Annex III of the IED



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Annex III of the IED - Criteria for determining best available techniques

1. the use of low-waste technology; 2. the use of less hazardous substances; 3. The furthering of recovery and recycling of substances generated and used in the process and of

waste; 4. comparable processes, facilities or methods of operation which have been tried with success on an

industrial scale; 5. technological advances and changes in scientific knowledge and understanding; 6. the nature, effects and volume of the emissions concerned; 7. the commissioning dates for new or existing installations; 8. The length of time needed to introduce the best available technique; 9. the consumption and nature of raw materials (including water) used and energy efficiency; 10. The need to prevent or reduce to a minimum the overall impact of the emissions on the environment

and the risks to it; 11. the need to prevent accidents and to minimise the consequences for the environment; 12. information published by public international organisations.



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'BAT Conclusions'

Part of BREF laying down conclusions on:

• BATs, their description, information to assess their applicability, emission levels associated with BAT, monitoring, consumption levels, and, where appropriate, relevant site remediation measures

new Adoption of BAT conclusions by Commission =>Commission Implementing Decision

• after Committee (Art.75) vote

• taking into account opinion of stakeholder forum on BREF

•



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Role of BAT conclusions in IED permitting

BAT conclusions are the reference for setting permit conditions

Permits to contain emission limit values (ELVs) to ensure that, under normal operating conditions, emissions do not exceed BAT-associated emission levels (BAT-AELs)

Derogation from BAT-AELs is only allowed in specific and justified cases

• Need to demonstrate that costs are disproportionately higher than benefits due to local/installation-specific situations

• Member States report to the public/Commission on use of all derogations



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Reconsidering / updating permit conditions (IED Article 21)

• "Within four years of publication of decisions on BAT conclusions in accordance with Article 13(5) relating to the main activity of an installation, the competent authority shall ensure that:

(a) all the permit conditions for the installation concerned are reconsidered and, if necessary, updated to ensure compliance with this Directive [the IED];

(b) the installation complies with those permit conditions.

• The reconsideration shall take into account all the new or updated BAT conclusions applicable to the installation and adopted since the permit was granted or last reconsidered."



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A complex consensus-building exchange of information with numerous stakeholders and underpinned by sound techno-economic information that has been enshrined into law by:

2 - The Sevilla process

Commission Implementing Decision 2012/119/EU



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The legal basis for the exchange of information on BAT

Article 13(1) of the Industrial Emissions Directive 2010/75/EC:

‘In order to draw up, review and, where necessary, update BAT reference documents, the Commission shall organise an exchange of information between Member States, the industries concerned, non-governmental organisations promoting environmental protection and the Commission’

The exchange of information should address:

the performance of installations and techniques in terms of emissions and consumptions, etc.

the techniques used, associated monitoring, economic and technical viability, etc.

best available techniques and emerging techniques identified after considering all the issues concerned



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Exchange of information on BAT: actors

Forum members: • guidance to COM • nominate in TWGs • formal opinion on BREFs

GLS (Glass)

• Industry • Member States

• NGOs • Commission

‘Forum’ (IED Article 13) led by the Commission:

industry, Member States, environmental NGOs

34 Technical Working Groups (TWGs)

BREF authors team: • lead TWGs • validate/check information • draft BREFs • present BREF to Forum

TWG members: • research information • peer review draft BREFs

WT (Waste Treatment)



FMP (Ferrous Metals Processing)




EU Member States Committee (IED Article 75) Members of the Committee: • vote the BAT conclusions



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TWG kick-off meeting

Draft 1 (D1)

Draft 2 (D2) optional

Final TWG meeting

The ‘Sevilla process’

Final draft

Bulk of info. needed (incl. questionnaires)

TWG Comments

BREF

BAT conclusions

BAT conclusions

24 – 29 months (without D2) 29 – 39 months (with D2)

TWG Activation Initial positions

Tota

l dura

tion

Art 13 Forum opinion

Adoption of BAT conclusions through

the IED Art. 75 Committee

Commission Implementing Decision

Industry

EU Member States + EFTA and Accession Countries



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200 to 1250 pages

Standard BREF structure:

• Preface

• General information about the sector concerned ……………...Chapter 1

• Applied processes and techniques ……………………………………. Chapter 2

• Current emission and consumption levels………………………….Chapter 3

• Techniques to consider in the determination of BAT………….Chapter 4

• Best available techniques (BAT) conclusions …………………….Chapter 5

• Emerging techniques…………………………………………………………..Chapter 6

• Concluding remarks and recommendation for future works

(including suggestions for R&D)

Exchange of information on BAT: BREFs



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Chapter 3: Current emission and consumption levels

Range of currently observed emission and consumption levels for the overall process and sub-processes

Data presenting the whole sector

Qualified as far as possible with details on operating conditions (e.g. percentage of full capacity, inclusion or exclusion of other than normal operating conditions, reference conditions)



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Chapter 4: Candidate BAT

10 heading structure

• Description

• Technical description

• Achieved environmental benefits

• Environmental performance and operational data

• Cross-media effects

• Technical considerations relevant to applicability

• Economics

• Driving force for implementation

• Example plants

• Reference literature



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Environmental performance and operational data

Actual plant-specific performance data from well-performing plants

Emission levels, consumption levels of raw materials, water, energy and amounts of residues/wastes generated

Accompanied by the relevant contextual information

Details of relevant operating conditions

Emission monitoring issues related to the use of technique

Key for deriving environmental performance levels associated with BAT

Data collection step is crucial for determining BAT



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The information on key environmental issues is obtained through plant-specific questionnaires covering:

emissions to air and water

generation of solid by-products, residues and wastes

efficient use of resources (e.g. energy, water)

techniques that are potential BAT candidates

Importance of contextual information:

details on the techniques used (characteristics, historical data)

other than normal operating conditions

link between the fuel characteristics and generated pollutants

consumptions (e.g. raw water, energy, chemicals)

Data collection step is crucial for determining BAT - 1



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Data collection step is crucial for determining BAT – 2

Plant-specific questionnaires are developed with the contribution of the whole TWG

Pre-selection of well-performing plants/installations willing to participate

Member State representatives sending/ collecting questionnaires from operators (providing preliminary quality check)



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Number of WWTP

Effluent values not shown in the graph:

< LOD: #69 (Bio)

< 5 mg/l: #36 (Bio)

BAT is about real plant performance: Waste water treatment in the chemical sector (Zoom)

BAT-AEL: 5 – 35 mg/l (yearly average) Abbreviation Meaning

Bio Biological treatment

Filt Filtration (includes MBR and sand filtration)

Flot Flotation

NI No information provided

PC Physico-chemical treatment only

Sed Sedimentation

SF Sand filtration

Ultraf Ultrafiltration



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Individual BAT conclusion (standard format)

• Example from the CLM BREF (Commission Implementing Decision 2013/163/EU)

• 1.2.5.3 Dust emissions from kiln firing processes

• 17. In order to reduce dust emissions from flue-gases of kiln firing processes, BAT is to use dry flue-gas cleaning with a filter.

• ( 1 ) A description of the techniques is given in Section 1.5.1.

• BAT-associated emission levels

• The BAT-AEL for dust emissions from flue-gases of kiln firing processes is <10 – 20 mg/Nm3, as the daily average value. When applying fabric filters or new or upgraded ESPs, the lower level is achieved.

Technique (1) Applicability

a Electrostatic precipitators (ESPs)

Applicable to all kiln systems b Fabric filters

c Hybrid filters



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http://eippcb.jrc.ec.europa.eu/reference/

BREFs are available to the world



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8 BAT conclusions already adopted:

Iron and Steel; Glass; Tanning of Hides and Skins; Cement, Lime and Magnesium Oxide; Chlor-Alkali; Pulp, Paper and Board; Refining of Mineral Oil and Gas; Wood-Based Panels

3 BAT conclusions soon to be adopted:

Common Waste Water and Waste Gas Treatment/Management Systems in the Chemical Sector; Non-Ferrous Metals; Intensive Rearing of Poultry and Pigs;

8 (B)REFs being worked upon:

Large Volume Organic Chemicals; Monitoring of Emissions; Large Combustion Plants; Waste Treatment; Food, Drink and Milk; Waste Incineration; Surface Treatment using Organic Solvents (including Wood and wood-products Preservation with Chemicals); Ferrous Metal Processing;

Work on 3 more BREF reviews to start in 2016/2017:

Textiles; Slaughterhouses and Animal by-products; Common Waste Gas treatment in the chemical sector

Achievements



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3 - Challenges for the drawing up and review of BREFs under the IED



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Challenges and constraints of drawing up of BREFs

New BREFs and BAT conclusions are a prerequisite for the updating of IPPC

permits time is a critical factor in the implementation of the IED need to

speed up the Sevilla process

The time allowed for a BREF elaboration/review is 2-3 years maximum

Resources are scarce among stakeholders involved in the Sevilla process,

including the EIPPCB

Increased importance of BREFs/BATC requires the acquisition of better and

more data (contextual information, applicability, monitoring, costs), which may

not be readily available



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General strategy to shorten the time to delivery

Adopt a more focused approach (shorter BREFs, focus on BAT conclusions,

target key environmental issues)

Anticipate further and prepare input before the BREF elaboration/review starts:

anticipation of the structure of the BAT, KEIs and identification of the data needs

are crucial to devise appropriate questionnaires

‘single draft’ route is the standard for BREF reviews not involving major changes

in the scope

Possibilities for e.g. extending commenting periods and holding additional TWG or

subgroup meetings are necessarily limited

Deliver the best quality with (limited) available time and resources



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Conditions to reach useful BAT conclusions

All stakeholders should contribute to the exchange of

information, including representatives from institutions/associations

who are not directly represented in the TWG (e.g. competent

authorities, equipment suppliers, representatives of industrial

installations)

The applicability of the identified BAT and any potential restrictions

need to be carefully assessed

A transparent exchange of information needs to be ensured

BAT conclusions are based on clear facts and sound techno-

economic information



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What could stakeholders do to prepare for the review of a BREF?

Become familiar with the BREF Guidance (2012/119/EU)

Look at recently adopted BAT conclusions (e.g. Tanning of Hides and Skins;

Chlor-Alkali; Pulp, Paper and Board; Refining of Mineral Oil and Gas)

Examine the current BREF BAT conclusions and start thinking of possible

BAT conclusions for the sector to meet the content and format set by the

BREF Guidance (Chapter 3 of the BREF Guidance)

Clarity, accuracy, preciseness, completeness, consistency, etc.

With respect to Scope, Structure, Techniques, Applicability, BAT-AE(P)Ls

Key environmental issues for the sector? Directly associated activities?



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Scope

Have there been major changes in the sector that need reflection in the scope of the BREF?

Any applied processes obsolete / any new processes?

Directly associated activities

Applied processes and techniques in current BREF: update if necessary (i.e. in case of gaps,

errors etc.)

Key environmental issues (KEI)

What are the KEI for the sector and are they addressed in the BREF (by BAT candidates and

BAT conclusions)?



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What could stakeholders do to prepare for the review of a BREF? BAT candidates

Any new candidates/any obsolete candidates? Developments on the emerging techniques

in the current BREF?

Update of candidates: description, plant-specific environmental performance and

operational data, economics, applicability (10-heading structure)

Performance indicators: emission levels, consumption levels, other levels: e.g. abatement

efficiency (compare BAT-AEPLs = environmental performance levels associated with BAT)

BAT conclusions/BAT-AELs

Under IED: need for a more sound data basis for concluding on BAT-AELs

BAT-AELs are derived from real plants (plant-specific data)



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DATA collection

Data collection, especially plant-specific data, will form major part of the review process

Important: contextual information, monitoring

Collection of plant-specific via 'questionnaires' tailored to the sector under review

Identify well-performing plants that will participate in the collection of plant-specific

information (questionnaires)

When to provide what?

More basic information to define Scope, KEI, BAT candidates (new/obsolete) is considered

useful already for preparing the call for initial positions

Detailed data collection (questionnaires) ->after Kick-off meeting



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Useful information and links


http://eippcb.jrc.ec.europa.eu/

Industrial Emissions Directive(IED)

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:334:0017:0119:en:PDF

"Guidance" - Commission Implementing Decision 2012/119/EU

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:063:0001:0039:EN:PDF

Guidance on Interpretation and Implementation of the IPPC Directive (DG ENV)

http://ec.europa.eu/environment/industry/stationary/ippc/general_guidance.htm
















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Thank you for your attention

George Chronopoulos

[email protected]

+34 954 488 467


mailto:[email protected]


the european best available techniques (bat) approach · 4/20/2016 · the european best available...

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