Industrial Emissions Directive

1) Law on the Implementation of the Directive on industrial emissions 2) regulation implementing the Directive on industrial emissions, amending the regulation on pollution control and incident officers and the adoption of a Decree on 3) Regulation on the implementation of the Directive on industrial emissions, amending Council Regulation on the control of volatile organic compounds during transfer or storage of petrol, fuel mixtures and crude benzene and amending Regulation to limit hydrocarbon emissions during refueling of motor vehicles In Austria amendment of: 1) Industrial Code 2 ) Emission Protection Act for boilers 3) Water Act 4) Waste Management Act 2002 (AWG - novella industrial emissions ) and Remedial Law 5 ) Waste Incineration Directive 6) Landfill Ordinance

The Industrial Emissions Directive 2010/75/EU, Eng. Industrial Emissions Directive, named IED is an EU directive for the licensing, operation, monitoring and decommissioning of industrial facilities in the European Union. It is based on a proposal from the European Commission in 2007 and adopted by the European Council and the European Parliament in 2010. The Directive combines seven precursor directives related to industrial emissions and developed this partially on.

New are particularly

  • Stricter limits on power plants and other " large combustion plants "
  • The liability of the " BAT conclusions " of European factsheets on Best Available Techniques ( BREFs ) at the industrial plant approval
  • The introduction of an " initial state report " on the soil and groundwater as well as
  • The commitment to systematic and regular monitoring of industrial equipment as well as the obligation to publish the monitoring reports.

Occasion

The Industrial Emissions Directive replaces the existing authorization basis for industrial facilities in EU Member States, the so-called IPPC Directive ( 2008/1/EC ), and

  • The Directive on Waste Incineration ( 2000/76/EC ),
  • The Large Combustion Plant Directive ( 2001/80/EC ),
  • The Solvent Emissions Directive ( 1999/13/EC ) and
  • Three guidelines for titanium dioxide production ( 78/176/EEC, 82/883/EEC, 92/112/EEC ).

The previous guidelines were revised after several years of evaluation through extensive studies in several places by the European Commission and is included in the proposal for the industrial emission directive. In the legislative process only discussed these amendments ( ' Recast' method) were subsequently by the EU Parliament and the European Council.

Objective

The directive seeks to prevent pollution from industrial plants by an integrated permit or reduce as far as possible. For industrial installations to the best available techniques (BAT) to use, which are published in the BREF documents of the European Commission. The BREFs (English BREF documents ) are from an author by the EU Commission, composed of representatives from government agencies, industry and environmental groups in a 2 - to 5 -year discussion process created (so-called Sevilla Process ). The BREFs are the basis of the BAT conclusions. About the created in the Seville process text on the BAT conclusions agree the EU Member States. Subsequently, the BAT conclusions shall be translated into all EU languages ​​and published in the EU Official Journal. The BAT conclusions impose binding obligations (in particular emissions ) for approval of the equipment concerned. The implementation of the requirements in the industrial installations to ensure the latest four years after the publication of the BAT conclusions, the authorities of the Member States.

Affected industries

The scope of the Directive refers to the following industries (partly only from a specific approved production capacity ):

The approval and monitoring of industrial equipment marked with (*) were in force until January 6, 2013 IPPC Directive ( 2008/1/EC ) not regulated uniformly across Europe.

So far, data sheets have been published for the following trades on Best Available Techniques ( BREFs ) and BAT conclusions, their specifications - particularly in terms of emissions - must be implemented no later than 4 years after notice to the affected plants:

Changes from the IPPC Directive and other integrated guidelines

The IPPC Directive is looked at only permits prior to a consideration of the best available techniques (BAT), which are documented in the European BAT reference documents. The Industrial Emissions Directive, however, requires the mandatory compliance associated with the best available techniques emissions no later than four years after they were published as BAT conclusions in the EU Official Journal (eg dust daily average value for sinter plants in the iron and steel production: < 1-15 mg / Nm3 or in old < 20-40 mg/Nm3 if the fabric filter can ) there not be applied. To ensure that set out in the BAT conclusions emissions during operation of the system shall be determined by the approval authorities in accordance with low limits.

The problem is that authorities may differ from those associated with BAT emission levels. The Directive allows for in Article 15, paragraph 4, this deviation, if the definition of the associated limit values ​​would be disproportionate due to the geographical location and the local environmental conditions or technical characteristics of the installation concerned. Can AUEV Because of Article 193 to introduce more stringent environmental regulations, an EU Member State, ie he may refrain from granting exceptions. The reaction in Germany allowed to make exceptions, if due to technical characteristics of the installation concerned would be the implementation of BAT values ​​are disproportionate and should be tested or when used for a maximum of nine months emerging techniques. Future techniques are defined so that they reach either a higher level of environmental protection or the same level of protection at a lower cost. Due to the geographic location or local environmental conditions can not be derogated from BAT levels in Germany.

An innovation in relation to the IPPC Directive is the requirement that operators of certain facilities are required to report in the licensing documents and updating of a permit on the state of soil and groundwater so that when decommissioning of the plant, a comparison with the state at the time of the creation of the so-called is the initial state report (german baseline report) possible.

With the integration of the Large Combustion Plant Directive ( 2001/80/EC ), the rule was introduced that EU countries for large power plants can set up a transitional national plan by the end of 2012. If such a national plan by the EU Commission is accepted, old coal-fired power plants do not have to comply with 2016 but in 2020 the same limits as new power plants. Continue to apply to old power plants that are not to be renewed, a special scheme: they must be run to 2023 more 17,500 hours. Germany has not submitted a transitional national plan for maintaining high limits in old coal-fired power plants.

While European environmental organizations welcome the more binding the BREFs, the regulations on large power plants are strong in their criticism.

Entry into force and implementation into national law

The Directive entered into force on January 6, 2011. The implementation in national law of the EU Member States had to take place until 7 January 2013.

On 7 February 2013, the European Commission announced that by the end of the period, only 14 of the 27 Member States, the Directive had completely or only partially implemented. This applies to the following countries: Belgium, Bulgaria, Denmark, Germany, Ireland, Finland, France, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Austria, and Slovakia.

Implementation in Germany

In Germany several hundred Intensive livestock installations and more than 9,000 industrial plants are affected by the industrial emissions directive, of which about 1,800 large combustion plants, 130 waste incineration plants and plants for incineration (especially cement plants ), 7,069 solvents onset of plants (including 329 large and 6,740 small and medium-sized plants ) and 6 installations producing titanium dioxide.

Germany has the implementation completed by the amendment of existing laws, especially of

  • Federal Pollution Control Act,
  • Water Resources Act,
  • Recycling law.

The Bundestag approved the Law on the Implementation of the Directive on industrial emissions on 8 November 2012, the Federal Council on December 14, 2012. Implementation of the European Directive was not made within the time limit set by the EU until January 7, 2013, but the second May 2013 ( 20 days after publication in the Federal law Gazette on 12 April 2013).

Further amendments were made by two packages Regulation, which also came into force on 2 May 2013:

The first legislative package was adopted by the Federal Cabinet and required only the consent of the Bundesrat. The package includes the following regulations:

The second package of regulations required the consent of the Bundesrat and Bundestag, because it affects many emission limits, including to

  • Power plants larger than 50 MW ( 13 BlmSchV )
  • Incineration and co-incineration of waste in cement kilns and other equipment ( 17 BlmSchV )
  • Installations using organic solvents, ( 2 BlmSchV, 31 BlmSchV )
  • Equipment for the production of titanium dioxide ( 25 BlmSchV )

History of implementation in Germany

The first draft of an implementing law and regulation of a first package was published by the Federal Ministry for the Environment on 25 November 2011; the draft Regulation second package was followed on 17 April 2012. Subsequently, the hearing of the affected industry and environmental organizations took place. On May 23, 2012, the Federal Cabinet decided the transposition law and the first package of regulations; on September 4, 2012, the second legislative package was adopted by the Cabinet.

The first consultation of the Bundestag for Implementation Act took place on September 27, 2012. Without debate, the fractions referred the bill to the appropriate committees.

The Federal Council met on July 6, 2012 on the draft legislation and proposed numerous changes. The federal government rejected a portion of the proposed amendments, but also took into account many of the proposals in its draft proposal for the Bundestag on 15 August 2012.

In the lead Environment Committee of the Bundestag took place on October 15, 2012 the public hearing on the draft law and draft implementing regulation requiring approval. While the experts of the industry ( BDI, Vattenfall ) welcomed the draft of the Federal Government, urging other experts ( Ökopol, BZL ) stricter limits for nitrogen oxides, dust and mercury from coal-fired power plants in order to protect the health and comply with international agreements ( Gothenburg Protocol, NEC Directive). The designs of the federal government corresponded neither the prior art nor documented by the European Commission best available techniques. Instead of the planned 10 μg/Nm3 that should comply with existing plants throughout the year from 2019, the Federal Environment Agency also had a reduction of mercury emissions from coal-fired power plants on 3 μg/Nm3 in daily mean from 2016 and 1 μg/Nm3 recommended throughout the year from 2019. The Federal Environment Agency had the effectiveness of nitric oxide - reduction measures in large existing power plants identified, which are provided for no limit losses; particularly for coal-fired power plants, the Federal Environment Agency had a high benefit-cost ratio shows, for lignite-fired power plants an average, only partially low benefit-cost ratio.

On October 17, 2012, the Environment Committee of the Bundestag approved the government draft of the implementing regulation requiring approval by a vote of the governing coalition (CDU / CSU and FDP). On 18 October 2012, the Bundestag approved the second package of regulations the government without debate by a vote of the CDU / CSU and FDP; the five -prepared speeches were recorded in the minutes. The SPD abstained, Alliance 90/The Greens and the Left Party voted against. An application of the SPD on equating the emission limit values ​​for waste incineration plants with multiple contaminants far less stringent limit values ​​for waste incineration in cement plants, power plants and other facilities was rejected without debate by a vote of the government parties.

The second and third consultation on the bill took place on 8 November 2012 at the Bundestag. There was no debate; the speeches were only taken in the minutes. The recommendation of the Environment Committee on the draft law of the Federal Government on August 15, 2012 was adopted with the votes of the governing coalition. The SPD abstained, Alliance 90/The Greens and the Left Party voted against the bill.

On November 29, 2012 discussed the environmental and the economic committee of the Bundesrat:

  • The first, already discussed on July 6, 2012 at the Federal Law on the Implementation of the Industry Emissions Directive, which the Bundestag had approved on 8 November 2012 in a slightly different version by the second and third counseling majority
  • The first package of regulations to implement the Industrial Emissions Directive, which did not require the consent of the Bundestag
  • The second package of regulations to implement the Industrial Emissions Directive, which the Bundestag had approved after the first consultation on October 18, 2012

Taken over by the government and parliament amendments proposed by the Federal Council on the legislative package ( July 6, 2012) presented the committee to issue a consent recommendation. The first dealt with Regulations gave the majorities in the Bundesrat committees occasion for numerous amendments.

On 14 December 2012, the Federal Council approved the slightly modified by the Bundestag on November 8, 2012 bill of the Federal Government. The law then entered a timely manner to 7 January 2013. It was released on April 20, 2013 and entered into force on 2 May 2013.

As to the second regulation package that includes numerous emission limits, the Economic Committee of the Federal Council proposed, inter alia, before, several emission reductions approved by the Federal Government and the Bundestag for dust and mercury from existing coal-fired power plants as well as for dust, nitrogen oxides, mercury, tin, and benzo ( a) pyrene from garbage burning to prevent equipment. Request explanations of the economic committee and associated Federal Decisions of 14 December 2012:

  • Cancellation of planned in Germany from 2016 new mercury limit of 0.01 mg/Nm3 in funding for coal-fired power plants, as it is not introduced in Europe and the limit " especially from the smaller plants " is difficult to maintain. => Application is rejected by a majority.
  • Deletion of the in Germany from 2019 in addition to dust limit value of 20 mg/Nm3 planned in daily average new dust limit value of 10 mg/Nm3 in the annual mean for existing large coal -fired power from 300 MW, because this leads to the fact that in the time of the last nuclear power plants from go network, "simultaneously other fossil-fired existing plants would have to be taken out of the market." The improvement of the dust filter causing " in existing plants a disproportionate effort ". => Application is rejected by a majority.
  • Cancellation of planned in Germany from 2016 to halve the dust threshold to 5 mg/Nm3 in daily average for waste incineration plants, as this will not be introduced throughout Europe and not " in the sense of a level playing field " is. => Application is rejected by a majority.
  • Cancellation of planned in Germany from 2016 reduction of dust-limit to 10 mg/Nm3 in the daily average for cement plants, lime plants, power plants and other plants that co-incinerate waste, as this will not be introduced throughout Europe and lead to significant retrofitting of existing plants need. => Application is rejected by a majority.
  • Cancellation of planned in Germany from 2016 reduction of the limit value for nitrogen oxides from 200 mg/Nm3 to 150 mg/Nm3 in daily average for waste incinerators ( for existing plants from 2019 ), as it is not introduced throughout Europe. The value would lead to " additional burdens on the companies concerned and in addition to a competitive disadvantage compared to European competitors ." => Application is rejected by a majority.
  • Cancellation of planned in Germany from 2019 new mercury limit of 0.01 mg/Nm3 in funding for waste incineration plants, as it is not introduced throughout Europe. Retrofitting measures are complex and supplied " no significant contribution to the reduction of total mercury emissions in Germany ". => Application is rejected by a majority.
  • Cancellation of planned in Germany from 2019 new mercury limit of 0.01 mg/Nm3 annual average mitverbrennende for waste cement plants, lime plants, coal-fired power plants and other facilities, as it is not introduced throughout Europe. => Application is rejected by a majority.
  • Cancellation of planned in Germany from 2016 new emission limits for tin and benzo ( a) pyrene from waste incineration plants and waste mitverbrennenden plants, because they are not introduced throughout Europe. => Application is rejected by a majority.

Other proposed changes and decisions:

  • Economic and Environmental Committee: During the start- up and shutdown of power plants should be taken instead of the regular emission limits special arrangements for higher emission values ​​by the Authority. = Assumed > Application majority.
  • Economic Committee: If " reliable evidence " that a waste incineration plant or a waste mitverbrennende system takes the mercury limit to less than 20% to complete, the Authority should be able to waive application of a continuous mercury measurement. This corresponds to the date specified in the 17 BlmSchV exception. An aggravation is not justified. = Assumed > Application majority.
  • Environment Committee: deletion of the exception possibility to increase the mercury limit in daily average of refuse mitverbrennenden cement plants from 0.03 to 0.05 mg/Nm3 mg/Nm3, as tested sorbents such as activated carbon and oven coke for mercury removal are available and an exception is therefore not required is. => Application is rejected by a majority.
  • Environment Committee: In the toxicity assessment of dioxins and furans should be taken on the set in 2005 by the World Health Organization under the new state of the science virulence factors ( " WHO - TEF 2005 " ) and will be expanded to be measured pollutant list to twelve polychlorinated biphenyls. = Assumed > Application majority.
  • Environment Committee: Limit values ​​for ammonia, which were already provided for in the draft bill by April 17, 2012 and painted in the government draft of 4 September 2012, should - be resumed - with increased values ​​. This should apply in the half-hourly mean when applied to a catalytic or non-catalytic incinerators for Stickstoffoxidminderung a limit value of 10 mg/m3 in daily average and 15 mg/m3; for waste mitverbrennende cement and lime plants should limit value of 30 mg/m3 apply in daily average, with exceptions to be permitted if it is " based on the composition of the natural raw materials necessary ' and could be excluded that, and the use of waste materials incur additional emissions of ammonia. = Assumed > Application majority.

The adoption and publication of the regulation packages were not made within the prescribed period to 7 January 2013.

The amendments proposed by the Federal Council on the implementing regulations have been reviewed by the federal government and fully adopted by the decision of the Cabinet on 23 January 2013.

The second regulation package that includes limits required after taking into account the changes requested by the Federal Council the approval of the Bundestag. The Environment Committee of the Bundestag discussed the amendments proposed by the Federal Council on the second package of regulations on February 20, 2013, and recommended their adoption by a vote of the governing coalition ( against the votes of all opposition parties ). The approval for the second package of regulations by the government majority in the Bundestag took place (without debate ) on February 21, 2013, the votes of the governing coalition, with the abstention of the SPD and counter-voices of 90/Grüne Alliance and the Left.

The entry into force of both Regulation packets carried on the day of publication in the Federal Law Gazette on 2 May 2013.

Implementation in Austria

The implementation of the EU industrial emissions Directive in Austria in particular requires amendments of

  • Waste Management Act and Remedial Law ( draft submitted in January 2013, decision on May 22, 2013)
  • Waste Incineration Directive (draft submitted in November 2012 )
  • (Presented draft in December 2012) Landfill Ordinance
  • Industrial Code (presented draft in April 2013)
  • Emission Protection Act ( draft submitted in December 2012) for boilers
  • (Presented draft in March 2013) Water Act
  • Effluent Emission Regulations ( AEV )
  • VOC plant regulation ( VAV)
  • State laws

Guests may request in Parliament the Minister of Economy explained on 7 February 2013 relating to the financial period ended January 7, 2013 deadline for implementation of industrial emissions directive that the relevant legal provisions, in particular pollution control law for boiler plants and industrial installations law, were already in the assessment and expected is "that the parliamentary decision-making in the next few months or even weeks is done ." The first decision was made on May 22, 2013 for waste management and remediation of contaminated sites law.

Text of the Directive

  • Text of industrial emissions directive
Glass Refuse-derived fuel Oriented strand board Slaughterhouse Coating Dry cleaning Electrophoretic deposition List of power stations in Germany Eco Management and Audit Scheme Particulates Dessau Berlin TA Luft Waste minimisation
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