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European Suppliers of Waste to Energy Technology

Revision of BREF documents in light of the Industrial Emissions Directive

11th International Conference Thermal treatment of waste – from plans to implementation

Bydgoszcz, 4./6.11.2014

Edmund Fleck

ESWET President


Contents

1. ESWET

2. Introduction

3. BREF documents under IPPC

4. BREF documents under IED

5. Planning for the revision of BREF documents

6. ESWET planning

7. Summary

11th International Conference, Bydgoszcz 4./6.11.2014 2


• ESWET is the association of European suppliers of waste to energy technology

• Main aim is the development and dissemination of technologies for waste incineration

• Consciousness for the positive aspects of waste incineration for the environment, energy production, recovery of resources shall be initiated and furthered

• Focus of the activities is the law making process in Brussels

1. ESWET: Who is ESWET

3 11th International Conference, Bydgoszcz 4./6.11.2014


1. ESWET members

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2. Introduction

1996: IPPC - Integrated Pollution Prevention and Control Directive

• Introduction of an integrated approach to avoid and control harmful implications to the environment

2000: WID - Waste Incineration Directive

• Determination of emission limits and other conditions for waste incineration plants

2010: IED - Industrial Emissions Directive

• New formulation and integration of: IPPC, WID + other directives




• With the IPPC, the elaboration of BREF documents was introduced

• These should determine what is ‚state of the art‘ for various sectors ('vertical BREF')

• They are 'technical handbooks' that should assist permitting authorities; they are not legally binding though

• For the elaboration, the EIPPCB in Seville was founded

• EIPPCB reports to JRC and thus the Commission

• Authors for the BREF documents are mostly seconded from authorities in Member States

• A TWG is formed, consisting of experts from: Member States, Commission, Industry, NGO's



TWG kick-off meeting

Draft 1 (D1)

Final TWG meeting

Final draft

Draft 2 (D2) (revised) draft

BAT conclusions

Activation call of TWG (new BREF)

or

TWG reactivation and

call for ‘wishes’ (BREF review)

2 – 3 months

3 – 5 months

3 months (new BREF)

5 months (BREF review)

Information

6 months

6 months (new BREF)

4 – 6 months (BREF review)

5 – 7 months

2 – 3 months

3 months

Total: 30 – 38 months

TWG comments

TWG comments

RAI

RAI

RAI

Chap. 3, 4, 5

RAI

BREF - New BREF or BREF

revision with ‘major scope

expansion’

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11th International Conference, Bydgoszcz 4./6.11.2014


TWG reactivation

and call for ‘wishes’

5 months

Draft 1 (D1)

Final TWG meeting

Final draft

Draft 2 (D2)

revised draft

BAT conclusions

2 – 3 months

TWG comments

3 – 5 months

Information

6 months

4 – 6 months

2 – 3 months

3 months

Total: 28 – 38 months (with D2)

23 – 28 months (without D2)

kick-off meeting

Draft 2?

TWG comments

yes

no

3 – 5 months

3 – 7 months RAI

RAI

RAI

RAI

Chap. 3, 4, 5

BREF - 1st BREF revision

without ‘major scope

expansion’

8




TWG reactivation

and call for ‘wishes’

5 months

Draft 1 (D1)

Final TWG meeting

Final draft

revised draft

BAT conclusions

2 – 3 months

Information

6 months

4 – 6 months

3 months

Total: 23 – 28 months

kick-off meeting

TWG comments

3 – 5 months

RAI: request for additional information from the EIPPCB to

the TWG (if this is considered necessary)

Chap. 3, 4, 5: Update of at least Chapters 3, 4 and 5

RAI

RAI

RAI

Chap. 3, 4, 5

BREF - following BREF

revision without ‘major

scope expansion’

9





For the current version of the BREF WI (Waste Incineration) the process proceeded like this, after installation of the TWG:

• Kick-off meeting in Seville

• Some countries (e.g. AT, DE, NL...) had worked out reports in advance and submitted these early on

• The author (Paul James/UK) mainly used these in his preparation of the 1st draft

• Several 1000 comments/remarks

• 2nd draft; again numerous comments

• 'Final' draft as basis for the 2nd TWG meeting in Seville

• 2nd meeting in Seville focused on: chapter 5; BATAOEL table; some 'split-views'




• Short time after 2nd meeting for final comments

• Formal approval in IEF - Information Exchange Forum (Member States, Commission, Industry, NGO's)

• Publication in August 2006

• Entire BREF document only in English; some Member States had at least Chapter 5 translated into their mother language, on their own initiative (and cost)




• Under IED, the BREF documents have a completely different status

• They are more legally binding

• BAT-Conclusions will be elaborated in a separate chapter

• These will be translated into all official languages in the EU and have legal status

• Within 4 years after formal adoption of new or revised BREF documents, permits have to be reviewed and adapted if needed



EXISTING BREF (Best Available Technique) Reference Document

Based on IPPC (Existing BREFs), Chapters:

1. General Information

2. Applied Processes and Techniques

3. Current Consumption and Emission levels

4. Techniques to consider in the determination of BAT

5. Best Available Techniques

6. Emerging Techniques

7. Concluding remarks

13




NEW PROPOSED BREF Contents:

Preface

Scope

Chapter 1: General information

Chapter 2: Applied processes

Chapter 3: Current emission and consumption levels

Chapter 4: Techniques to consider in the determination of BAT

Chapter 5: BAT conclusions

Chapter 6: Emerging techniques

Chapter 7: Concluding remarks and recommendations for future work

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• EIPPCB (European IPPC Bureau): for each BREF, there will be 2 authors in parallel; this in order to guarantee continuity

• TWG (Technical Working Group): "Seville group"; composition in principle as before, but representatives from Industry have to be nominated through IED Article 13 Forum

• IED Article 13 Forum: group consisting of Member States, Commission, Industry, NGO's, led by the Commission. Gives comments/statements to the BAT-Conclusions

• IED Article 75 Committee: "Comitology", only Member States and Commission; final adoption of BREF document and BAT-Conclusions

15




IED Article 13

3. The Commission shall establish and regularly convene a forum composed of representatives of Member States, the industries concerned and non-governmental organisations promoting environmental protection.

The Commission shall obtain the opinion of the forum on the practical arrangements for the exchange of information and, in particular, on the following:

(a) the rules of procedure of the forum;

(b) the work programme for the exchange of information;

(c) guidance on the collection of data;

(d) guidance on the drawing up of BAT reference documents and on their quality assurance including the suitability of their content and format.

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IED Article 13

5. Decisions on the BAT conclusions shall be adopted in accordance with the regulatory procedure referred to in Article 75(2).6.

6. After the adoption of a decision in accordance with paragraph 5, the Commission shall without delay make the BAT reference document publicly available and ensure that BAT conclusions are made available in all the official languages of theUnion.7.

7. Pending the adoption of a relevant decision in accordance with paragraph 5, the conclusions on best available techniques from BAT reference documents adopted by the Commission prior to the date referred to in Article 83 shall apply as BAT conclusions for the purposes of this Chapter except for Article 15(3)and (4).

17




Article 75

Committee procedure

1. The Commission shall be assisted by a committee.

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. [Comitology definition]

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at 3 months.

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Review Preparation

TWG Reactivation / Call for wishes

Kick-Off Meeting Preparation

Kick-Off Meeting

New Information

Drafting

Draft Formal

TWG Comments

Final TWG Meeting

Drafting

Prepare final draft

Consideration by Forum

Forum

Preparation

Committee

Preparation

BATC

Publication

Working Period

Specific Date /

Meeting

19




• Work under IED has started with the revision of the BREF 'Glass and Steel'

• In parallel a so-called 'Guidance Document' has been elaborated in the Art. 13 Forum and published on 2.3. 2012: "Commission implementing decision 2012/119/EU of 10 February 2012 laying down concerning guidance on collection of data and of 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"

• As always, documents like this are a compromise; but our assessment is that we can live with it

• Revision of the BREF LCP is the first governed by IED from the very beginning

20




21




22


BREF WT

• Reactivation of the TWG: 24.6.2013

• Submission of 'wish list': 20.9.2013

• Kick-off meeting: 25.-28.11.2013

• Questionnaire send: 27.6.2014

• Reply to questionnaire: 31.10.2014

BREF WI

• Reactivation of the TWG: 12.5.2014

• Submission of 'wish list': 12.9.2014

• Kick-off meeting (planned): 19.-22.1.2015



• After reactivation of the TWG, a so-called 'wish list' can be submitted (also called 'frontloading')

• Under IED, preferably complete data sets/information from various plants shall be provided

• A 'Questionnaire' has to be elaborated specifically

• This should request not only technical data, emissions, consumption etc. but also cost

• Data should be collected over a longer period, e.g. one year

• In principle, data could be declared as 'confidential'; then only EIPPCB will have access, not the TWG

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• ESWET has started with a dedicated working group more than 2 years ago

• Most important are the revision of the BREF WT and the BREF WI

• In a first step, the existing documents have been analysed; identifying missing/wrong/outdated information

• The implications of the new 'rules' on the data reported has been analysed in great detail

• A detailed 'wish list' has been prepared and submitted

First for the BREF WI, but then also for the BREF WT, ESWET and CEWEP have formed joint working groups

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6. ESWET planning



Some questions

How many plants and which plants should provide data; how many will answer

Short- or long-term averages

How to deal with data/information declared as 'confidential'

How will BATAEL's (ranges or single values) be derived

25

6. ESWET planning



• The role of BREF documents has changed significantly under IED

• From a 'technical handbook' to a legally binding document, that is mandatory in permitting

• This will play a role when submitting data/information

• How and what data will be collected, will be quite different

• All stakeholders will start much earlier and more intense with their preparation

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7. Summary



• All participants are on a 'learning curve'

• EIPPCB is struggling with resources; envisioned time for revisions of BREF cannot be kept

• Has led to focusing more and more on BAT-Conclusions and what is leading to them

• Commission and EIPPCB are in general very transparent and cooperative

Will be a time-consuming, interesting and challenging process

But will be worth the effort

BREF documents are being looked at worldwide

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7. Summary



Thank you very much for your attention

www.eswet.eu


http://www.eswet.eu/

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