The Industrial Emissions Directive which came into force on the 6th of January 2011 and came about as a result of a European Commission review of European legislation on industrial emissions. The review led to the commission proposing this directive on industrial emissions (The IED or Industrial Emissions Directive) which replaces seven existing directives namely:
Certain provisions of the Directive/Irish legislation will follow the implementation dates below:
One of the main functions of the Environmental Protection Agency has been the licensing and control of specified activities that are listed in:
In relation to waste activities and of interest to waste licence applicants, the range of waste activities listed in the new First Schedule (class 11) has been expanded.
Is there always a corresponding class of activity under the Industrial Emissions Directive for activities under the Waste Management Act?
The Industrial Emissions Directive has introduced a new type of licensing. Whereas in the past we had waste licences under the Waste Management Act as amended and IPPC licences under the Environmental Protection Agency Act 1992 as amended we now have a third type of licence - the Industrial Emissions Directive (IED) licence. Under the IED there is a new set of capacity thresholds (perhaps daily or annual capacity thresholds) which bring activities under the control of the IED and the thresholds may depend on the intended destination of the waste. For example the composting of waste now has an associated threshold of 50 tonnes per day (Class 11.4(a)(i)) if the waste is destined for disposal but if the waste is intended for recovery, or a mix of disposal and recovery, then the threshold is 75 tonnes per day (Class 11.4(b)(i)).
A Class 11.1 activity must have a connection or association with another activity at the same licenced site and can only be an ‘additional’ class of activity.
A landfill that is covered by the IED will be licensed as class 11.5. For a landfill to be class 11.1, it must be the following:
Many of the IED classes of activity talk about production capacity, consumption capacity, treatment capacity, etc., but how do you interpret the term ‘capacity.’
How do I interpret the term "pre-treatment" as it pertains to activities under class 11.4(a)(iii) and 11.4(b)(ii)?
The term "pre-treatment" is not defined in the Industrial Emissions Directive. The term "treatment" is defined in the Waste Framework Directive (2008/98/EC) as:
Text of class 11.5 of the First Schedule of the EPA Act 1992 as amended:
It would be convenient to limit the application of IED to those landfills subject to the Landfill Directive. However the definition of class 11.5 is silent on the applicability of the Landfill Directive and simply refers to landfills, potentially meaning all landfills, regardless of the applicability of the Landfill Directive or status of operations – e.g. operational, aftercare.
The definition of class 5.4 in the Directive indicates that landfills are as defined in the Landfill Directive, but does not restrict the application of IED to those landfills subject to the Landfill Directive.
Article 82 of the Industrial Emissions Directive states (paraphrased) the following:In relation to installations carrying out activities referred to in Annex I, …point 5.4 … which are in operation and hold a permit before 7 January 2013…, Member States shall apply the laws, regulations, and administrative provisions adopted in accordance with Article 80(1) from 7 January 2014….
Article 76A(8) of the Waste Management Act 1996 as amended, states, in relation to class 11.5 (landfill) activities, that the Agency shall, by 7 January 2014, examine the terms of every waste licence and determine whether, having regard to the provisions of the Industrial Emissions Directive, the waste licence is to be amended to bring it into conformity with the Directive.
The provisions of the Industrial Emissions Directive (Article 82) state that the Directive should be applied to installations “which are in operation”. The Agency will apply the provisions of the IED only to those landfills “which are in operation”. The Landfill Directive differentiates between two principal phases of a landfill – the operational phase and the aftercare phase. The provisions of the IED will be applied to those landfills that remain in the operational phase. The Landfill Directive is silent on the closure phase as being a distinct phase, therefore the operational phase will be taken to include the period of time during which closure procedures are being implemented. The onus will be on the landfill operator (licensee) to demonstrate the documented achievement of site closure in accordance with the CRAMP (including verification of definite closure by OEE) and demonstrate that the site has entered the aftercare phase before 7 January 2014.
What are the newly prescribed activities under the First Schedule of the EPA Act 1992 as amended (existing installation not covered by the EPA Act)?
The following activities are newly prescribed and will require an Industrial Emissions Licence by 7th July 2015:
Given the complexity and scale of some IED activities, and in order to avoid possible delays caused by submitting an incomplete application, the EPA recommends that you engage in pre-application clarification/consultation prior to submitting your application for an IED licence.
Contact the EPA Environmental Licensing Programme at email@example.com if you wish to arrange a pre-application meeting.
What are the newly prescribed activities in the food & drink sector (activities which previously did not require a licence)?
Newly prescribed activities in the food and drink sector include those installations involved in:
Having regard to the scope of both the Slaughterhouses and Animal by-products Industries BREF and the Food, Drink and Milk Industries BREF, the ‘slaughter’ activity (class 7.4.1) is considered to end with the making of standard cuts for large animals and the production of a clean whole carcase for poultry. Standard cuts are defined as carcases, half carcases, half carcases cut into no more than three wholesale cuts and quarters. Chilling is considered part of the slaughtering class, if it is chilling of the carcase or standard cuts. For the purposes of clarity, the slaughter activity covers the removal of offal and appendages.
The Agency wishes to bring to your attention an impending date specified in the European Union (Large Combustion Plants) Regulations 2012 S. I. No. 566 of 2012 regarding the Limited life time derogation.
A Class 11.6 activity is the temporary storage of hazardous waste pending any of the activities referred to in paragraph 11.2, 11.3, 11.5 or 11.7 with a total capacity exceeding 50 tonnes. It does not apply to the temporary storage of hazardous waste on the site where the waste is generated and is awaiting collection.
The storage of waste is a (pre-)treatment operation. In the Waste Framework Directive (2008/98/EC), ‘treatment’ means recovery or disposal operations, including preparation prior to recovery or disposal. Disposal and recovery operations are listed (in a non-exhaustive list) in Annex I and II respectively of the Directive. Activities D15 and R13 are storage operations, as follows:
According to the Waste Management Act 1996, as amended, the temporary storage of waste refers to the storage of waste for a period of not more than six months.