UK delays implementation of European IPPC Directive.

The UK, like all other European Member States, was due to have transposed the European Integrated Pollution Prevention and Control Directive (IPPC) (Directive 96/61/EC) into national law by 31 October 1999. But it missed the deadline. Yvonne Kershaw considers why.

Even though the UK

had relatively little to do to implement the European IPPC Directive compared to other member states, because it already had similar legislation under its own Integrated Pollution Control Regulations, it missed the deadline for implementation. The first consultation document on the proposed UK regulations was issued in July 1997. Four consultation documents have now been issued, and the Department of the Environment, Transport and the Regions (DETR) has admitted that a fifth consultation on the proposed regulations is necessary. This could delay implementation until as late as September this year.

The Directive aims to achieve integrated prevention and control of pollution, and lays down measures to prevent emissions of pollution to air, water and land. Where prevention of emissions is not possible, then the Directive requires them to be to reduced. According to the Directive, pollution includes emissions of substances, vibrations, heat and noise.

The installations that are affected by the legislation, and which are given in Annex I of the Directive, include installations for the surface treatment of substances, objects or products, using organic solvents. In particular, it includes pollutants used in dressing, printing, coating, &greasing, waterproofing, sizing, painting, cleaning or impregnating, with a consumption capacity of more than 150kg/h or more than 200tpa.

Other activities that will be covered by the IPPC Directive include chemical installations for the production of basic organic chemicals, `such as simple hydrocarbons; oxygen-containing hydrocarbons, such as alcohols, aldehydes, ketones, carboxylic acids, esters, acetates, ethers, peroxides, epoxy resins; sulphurous hydrocarbons; nitrogenous hydrocarbons such as amines, amides nitrous compounds, nitro compounds, or nitrate compounds, nitriles, cyanates, isocyanates; phosphorus-containing hydrocarbons; halogenic hydrocarbons; organo-metallic compounds; basic plastic materials; synthetic rubbers; dyes and pigments; and surface-active agents and surfactants. Chemical installations for the production of biocides are also regulated by the Directive.

The Directive requires that licences are issued to all installations who want to operate industrial processes that fall under the Directive. When determining authorisation conditions, competent bodies in member states are required to take basic obligations into account. This means taking all appropriate measures to prevent pollution, in particular through the application of best available techniques (BAT), and ensuring that no significant pollution is caused; that waste production is avoided where possible, that waste that is produced is recovered, or, where this is not technically or economically feasible, is safely disposed of. Energy must also be used efficiently and measures must be taken to limit accidents and their consequences. Sites must be restored to a satisfactory state after closure of the installation.

Under the Directive, BAT are defined as being the best available techniques taking into consideration costs and advantages. This definition of BAT is actually closer to the alternative acronym BATNEEC -- best available techniques not entailing excessive cost. A number of considerations have been stipulated in the Directive, which should be taken into account when determining best available techniques. These include the use of low-waste technology; the use of less hazardous substances; the nature, effects and volume of the emissions concerned; the length of time needed to introduce the best available technique; and the consumption and nature of raw materials, including water used and their energy efficiency.

Reference documents slipping behind schedule too

The European IPPC Bureau is currently preparing best available techniques reference documents (BREFs). These guidance documents should be taken into account when the national competent authorities issue permits. The preparation of the BREFs is also now slipping behind schedule. The start dates for work on the BREFs for various industry sectors are indicated in Table 1. Originally it was expected that each BRIEF would take about one year to produce, although the European IPPC Bureau has now concluded that two years is more realistic.

Table 1

[degrees] Start
date              Industry sectors

1997              * Pulp and paper * Iron and steel
                  * Cement and lime * Cooling systems

1998              * Chloralkali * Ferrous metals
                  * Non-ferrous metals * Glass * Tanneries
                  * Textiles * Monitoring systems

1999              * Refineries * Large volume organic chemicals
                  * Large volume gaseous and liquid inorganic
                  chemicals * Smithies and foundries
                  * Storage of bulk or dangerous materials
                  * Waste water and waste gas treatment in the
                  chemicals industry * Economic and cross-media
                  issues

2000              * Large volume solid inorganic chemicals
                  * Food and milk * Large combustion plant

2001              * Ceramics * Polymers * Surface treatment of
                  metals using solvents * Incineration

2002              * Specialty inorganic chemicals * Organic fine
                  chemicals * Landfills * Waste recovery/disposal

Since the UK has already made regulations that address similar topics to those in IPPC, it will not relax any of its regulations in light of the Directive -- this means that some UK requirements will be stricter than the Directive stipulates. For example, the UK Regulations will apply to production and use, although the Directive itself only applies to production. Areas where the UK regulations will, however, have to be extended include the provisions concerning energy efficiency, raw material consumption and noise pollution.

Once the Regulations are in place in member states the provisions will apply immediately to all new installations, and those undergoing substantial changes. The delay in implementing the Regulations in the UK means such installations will have to apply for a permit under the current Integrated Pollution Control scheme, and then re-apply for an IPPC permit once the regulations are issued. Existing installations must be brought into compliance by 31 October 2007, although it is thought that most member states will phase this in earlier for some industry sectors. For example, in the UK it has been proposed that for installations currently regulated under IPC with a single IPC process, transfer to IPPC should await the publication of the BREF documents. Transfer to IPPC would then occur at the next four-year review of IPC authorisations. For installations with one or more processes regulated under the waste licensing regime, the Agency suggests that transfer to IPPC will occur when the relevant BREFs and guidance have been published for all licensable activities. For most activities currently outside the scope of IPC, they would be brought into IPPC in the year after publication of BREFs and Secretary of State's guidance.

Graduating in 1992 and gaining her doctorate four years later. Yvonne Kershaw is now with the Paint Research Association. She edits two journals on health, safety and environmental legislation for the coatings industry, including the PRA's `SHE Alert.'