Industrial Emissions Directive
Directive 2010/75/EU of the European Parliament and the Council on industrial emissions (the Industrial Emissions Directive or IED) is the main EU instrument regulating pollutant emissions from industrial installations.
The objectives of The Industrial Emissions Directive (IED) are to “reduce emissions into air, soil, water and land and to prevent the generation of waste, in order to achieve a high level of protection of the environment as a "whole” by reducing harmful emissions across the EU, in particular through better application of Best Available Techniques (BAT)[1]. Around 50,000 installations undertaking the industrial activities listed in Annex I of the IED are required to operate in accordance with their Environmental Permit which contains conditions set in accordance with the principles and provisions of the IED[1].
Operator’s combusting waste would need to comply with Chapter IV of the IED - Special Provisions for waste incineration plants and waste co-incineration plants'.
The IED was adopted on 24 November 2010 and is a recast of the Waste Incineration Directive (WID) alongside six other European Directives including the Integrated Pollution and Prevention Directive (IPPC) and the Large Combustion Plants Directive and is enacted via the Environmental Permitting (England and Wales) Regulations 2010, as amended.
The IED is based on several pillars, in particular (1) an integrated approach, (2) use of best available techniques, (3) flexibility, (4) inspections and (5) public participation[1].
- The integrated approach means that the permits must take into account the whole environmental performance of the plant, covering e.g. emissions to air, water and land, generation of waste, use of raw materials, energy efficiency, noise, prevention of accidents, and restoration of the site upon closure.
- The permit conditions including emission limit values must be based on the Best Available Techniques (BAT) which are described within BAT Reference Documents (BREFs) The IED requires that these BAT conclusions are the reference for setting permit conditions.
- The IED allows competent authorities some flexibility to set less strict emission limit values. This is possible only in specific cases where an assessment shows that achieving the emission levels associated with BAT described in the BAT conclusions would lead to disproportionately higher costs compared to the environmental benefits due to the geographical location or the local environmental conditions or the technical characteristics of the installation. The competent authority shall always document its justification for granting such derogations.
- The IED contains mandatory requirements on environmental inspections. Member States shall set up a system of environmental inspections and draw up inspection plans accordingly. The IED requires a site visit to take place at least every 1 to 3 years, using risk-based criteria.
- The IED ensures that the public has a right to participate in the decision-making process, and to be informed of its consequences, by having access to permit applications, permits and the results of the monitoring of releases.
Emissions Standards Legislation in the UK
The EU Withdrawal Act 2018 maintains established environmental principles and ensures that existing EU environmental law will continue to have effect in UK law, including the IED and BAT Conclusion Implementing Decision made under it[2].
The UK government has introduced secondary legislation under the EU Withdrawal Act 2018, and further legislation in the devolved administrations where required, to ensure the domestic legislation that implements the IED (including the Transitional National Plan) can continue to operate. This amends current legislation to[2]:
- correct references to EU legislation
- transfer powers from EU institutions to UK institutions
- ensure the UK meets its international agreement obligations