Industrial Emissions Directive – key issues
Source: CIWM, August 2010
Agreement has finally been reached on the new Industrial Emissions Directive, set to consolidate the IPPC Directive and six other related Directives, and it will become law after adoption by the European Parliament and the Council of Ministers. The Directive sets strict limits for emissions of nitrogen oxides and sulphur dioxide emissions, but allows operators of large combustion plants (LCPs) until 2020 to comply with them.
One of the more controversial issues in the Directive's development has been the scope to deviate from best available techniques (BAT), in the light of studies which demonstrated a widespread deviation from BAT in industry. Under the Directive, operators can derogate from BAT where this is justified by the geographical location or local environmental conditions and technical characteristics. However, in both cases operators will also have to demonstrate that the application of BAT in the circumstances would result in disproportionately high costs.
The Directive also enshrines the principle of minimum emissions limit values for particularly polluting industries, though the limits themselves will be decided at a later date, once assessments have taken place at a sectoral level. This raises the issue of potential carbon leakage, a threat taken very seriously in the context of the EU ETS, where it effectively underpins the principle of granting up to 100% free allowances to carbon intensive industries. It remains to be seen whether this is considered an important factor in the setting of specific limits.
While the new Directive will not come into force for some time yet, those in industry will want to assess how it will impact on their business as soon as possible.
AUTHOR: VINCENT BROWN
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