Considering Article 21(3) of the Industrial Emissions Directive (IED) which requires that within 4 years of publication of decisions on BAT (Best Available Techniques) conclusions relating to the main activity of an installation all the permit conditions for the installation concerned are reconsidered and, if necessary, updated to ensure compliance the process for establishing BAT is of crucial importance for industry. The legal act that must not be overlooked in that regard is Commission Implementing Decision 2012/119/EU) of 10 February 2012.
An equal importance for combustion plants, the total rated thermal input of which is equal to or greater than 50 MW, has Commission Implementing Decision (2012/249/EU) of 7 May 2012 concerning the determination of start-up and shut-down periods for the purposes of Directive 2010/75/EU. These provisions have significance for assessing compliance with the emission limit values (the values measured during the start-up and shut-down periods are to be disregarded) as well as for determining the number of operating hours of the combustion plants, where it is relevant for the implementation of that Directive.
Determination of start-up and shut-down periods has also relevance for setting permit requirements which should include measures relating to conditions other than normal operating conditions.
The European Commission has adopted this year two important decisions implementing Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions:
1) Commission Implementing Decision (2012/119/EU) of 10 February 2012 laying down rules concerning guidance on the collection of data and on 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 (OJ L 63, 2.3.2012, p 1),
2) Commission Implementing Decision (2012/249/EU) of 7 May 2012 concerning the determination of start-up and shut-down periods for the purposes of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (OJ L 123, 9.5.2012, p 44)
Given that Directive 2010/75/EU does not determine start-up and shut-down periods, while those periods relate to several provisions in that Directive and that the emissions from combustion plants during start-up and shut-down periods are generally at elevated concentrations compared to normal operating conditions it was necessary to adopt the second of the above decisions. It applies to combustion plants covered by Chapter III of Directive 2010/75/EU.
IED Article 3(27)
‘operating hours’ - the time, expressed in hours, during which a combustion plant, in whole or in part, is operating and discharging emissions into the air, excluding start-up and shut-down periods
IED Article 14(f) – the permit should, among others, include
‘measures relating to conditions other than normal operating conditions such as start-up and shut-down operations, leaks, malfunctions, momentary stoppages and definitive cessation of operations’
IED Annex V Part 3 point 1 in fine
‘For the purpose of the calculation of the average emission values, the values measured during the periods referred to in Article 30(5) and (6) and Article 37 as well as during the start-up and shut-down periods shall be disregarded.’
The process for establishing BAT conclusions is underway. As the European Cement Association Cembureau (www.cembureau.be) indicates, from 14-16 May 2012, the Cement, Lime and Magnesium Oxide (CLM) Technical Working Group (TWG) met in Seville (Spain) to discuss and agree the draft BAT conclusions for the CLM BAT Reference Document (BREF).
This follows the launching of the process for the transformation of relevant parts of the CLM BREF into BAT conclusions. Cembureau also points out that in terms of next steps, the European Industrial Pollution Prevention and Control Bureau (EIPPCB) will now prepare the revised version of the BAT conclusions and adapt the CLM BREF to the provisions of the IED.
The BREF will then be submitted to the Article 13 Forum for an opinion and the BAT conclusions to the Article 75 Committee for adoption by the European Commission. Formal approval from the European Parliament will also be required. The adopted BAT conclusions are likely to be published in March 2013 and will be translated into all EU Official languages.