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Industrial Emissions Directive

Background

In November 2005 the European Commission launched a review of European legislation on industrial emissions in order to ensure clearer environmental benefits, remove ambiguities, promote cost-effectiveness and to encourage technological innovation. The general objective of the review was stated as `to evaluate the scope to improve the functioning of the Directive and its interaction with other legislation, in particular related to industrial emissions, while not altering the main underlying principles and the level of ambition set in the Directive’.

The review led to the commission proposing, on 21 December 2007, a recast Directive on Industrial Emissions (IED). This proposal, which was accompanied by an impact assessment, involved the coalescing of seven existing directives into one namely:

  • the Large Combustion Plant directive (LCPD);
  • the Integrated Pollution Prevention and Control directive ( IPPCD);
  • the Waste Incineration directive (WID);
  • the Solvent Emissions directive (SED); and
  • the three existing directives on Titanium dioxide on (i) disposal (78/176/EEC), (ii) monitoring and surveillance ( 82/883/EEC) and (iii) programs for the reduction of pollution (92/112/EEC).

In June 2009, Member States reached political agreement on the draft proposal. In June 2010, following further discussions between the Council and the European Parliament, a final draft of the proposal was agreed which was subsequently ratified during a vote at the full session of the European Parliament.

On 8 November 2010, the European Council ratified the proposal. Following publication in the Official Journal of the European Union on 17 December 2010, the directive (2010/75/EU) came into force on 6 January 2011.

The document below lists the name and operator of all large combustion plant for which a “limited life” undertaking under Article 33 of the Industrial Emissions Directive was received by the relevant regulator

             LCP limited life list

Rationale

The European Commission undertook a 2 year review with all stakeholders to examine how the legislation on industrial emissions could be improved to offer a high level of protection for the environment and human health while simplifying the existing legislation and cutting unnecessary administrative costs.

The IED makes sure a significant improvement on the interaction between the existing seven directives which it will replace. It also strengthens, in several instances, some provisions in existing directives, for example the Large Combustion Plant provisions.

Consultations

Updated Impact Assessments

In May and June 2008 Defra held four consultations to inform the development of a formal UK Government position. The consultation documents are available on the National Archives website:

Implementation

In December 2010, the Directive on industrial emissions (integrated pollution prevention and control) (Recast), was published in the Official Journal and requires transposition into UK law no later than 6 January 2013. It represents a coming together of seven directives, including the Waste Incineration Directive, into one piece of legislation.  Certain provisions of the directive follow the implementation dates below:

  • Transposition into UK law by 6 January 2013.
  • Implementation from 6 January 2013 in respect of any installation new after that date.
  • Implementation by 6 January 2014 in respect of installations already in existence before 6 January 2013 (except large combustion plants).
  • Implementation by 6 July 2015 in respect of industrial activities not subject to the current integrated pollution prevention and control Directive.

Implementation from 1 January 2016 in respect of large combustion plants already in existence before 6 January 2013.

The details of transposition arrangements in the devolved administrations will be made available by the relevant body at the appropriate time. In England and Wales, Defra, in conjunction with the Environment Agency and the Welsh Assembly Government, will be launching a consultation exercise on draft regulations early in 2012.

Guidance

Over the course of implementation, existing guidance documents for the component directives under the IED will be developed and/or updated. See Unofficial Consolidated Environmental Permiting Regulations 2013

Further Review of the IED

The IED envisages that the European Commission will review some topics relevant to the new directive and propose legislation where appropriate. The topics are::

  • mixed species breeding under the livestock provisions and the application of thresholds (Article 73(3) – by December 2011)
  • the application of Best Available Techniques (BAT) to the spreading of manure outside the boundaries of an installation (Article 73(2) – by December 2012)
  • emissions from intensive cattle rearing (Article 73(2) – by December 2012)
  • Combustion of fuels in installations with a rated thermal input of less than 50 ME (Article 73(2) – by December 2012)
  • Emission limit values for certain combustion plants (Article 30(9) – by December 2013)

Downloads

20 December 2012

Page last modified: 4 February 2014