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Last developments in Environmental Regulation: IPPC Directive, EU ETS and REACH

Last developments in Environmental Regulation: IPPC Directive, EU ETS and REACH. Guy Tackels ICF Conference Weiden, 9 October 2006. Environmental issues affecting domestic glass. CAFE programme and NEC Directive IPPC Directive EU Emission Trading Scheme REACH. CAFE Programme.

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Last developments in Environmental Regulation: IPPC Directive, EU ETS and REACH

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  1. Last developments in Environmental Regulation:IPPC Directive, EU ETS and REACH Guy Tackels ICF Conference Weiden, 9 October 2006

  2. Environmental issues affecting domestic glass • CAFE programme and NEC Directive • IPPC Directive • EU Emission Trading Scheme • REACH

  3. CAFE Programme

  4. EUROPEAN AIR QUALITY INITIATIVESIN RELATION TO CAFE CAFE IMO Bunkers S Special Area for Baltic North Sea Acidification Strategy Auto Oil Air Quality Framework and Daughters NECD 1&2 Sulphur Protocols Protect Ecosystems Gothenburg Protocol Protect Human Health 1stNitrogen Protocol SLFD Update of LCPD AIR IPPC Directive/BREFS Progressive implementation of Best Available Techniques On Industrial Plant WATER WASTE

  5. WHAT IS THE CAFE PROGRAMME ? • The 6th (European) Environmental Action Programme requires a coherent strategy on air pollution to be developed by mid-2005 • Objectives : “Long-term, strategic and integrated policy to protect against the effects of air pollution on human health and the environment” • The Clean Air For Europe Programme will provide the technical input for the Thematic Strategy published on 21 September 2005.

  6. WHAT IS THE CAFE PROGRAMME ? • Framework including all technical and legislative work related to Air Quality: • Emissions from Industry, Transport, Agriculture and the other economic sectors • Resulting Air Quality at regional/national/local levels • Impact on human health and ecosystems • Priorities : Ozone and particles (PM 2.5) • Five-year policy cycle – first policy deliverables in 2005/2006 • Driven by the European Commission

  7. CAFE : A COMPLEX ORGANISATION EUROPEAN COMMISSION CONSULTANTS UN-ECE DG ENV DG ENTR DG TREN WHO STAKEHOLDERS MEMBER STATES UNICE NGOs France : Forum Pollution Transfrontière

  8. CAFE A MULTI-POLLUTANT/MULTI-EFFECT APPROACH Acidification SO2 NOx Ecosystems Eutrophication NH3 Ground levelozone VOC Health impact Health impact of PM Particles

  9. NOx, SO2, VOC, NH3, PM emissions CAFE A MULTI-POLLUTANT/MULTI-EFFECT APPROACH Dispersion Heath impacts and vegetation damage(acidification,eutrophisation, particles, ground level ozone) Reduction costs €€€

  10. ENVIRONMENTAL IMPACT INDICATORS • Critical loads for acidity • Critical load for eutrophication • Critical level for ozone Critical loads are defined as: "the highest load that will not cause chemical changes leading to long-term harmful effects in the most sensitive ecological systems". Critical loads are the maximum amount of pollutants that ecosystems can tolerate without being damaged.

  11. ENVIRONMENTAL IMPACT INDICATORS Acidity Exceedance By S deposition alone By total N deposition

  12. Loss in life expectancy 2020attributable to anthropogenic PM2.5 [months] 2000 2010 2020 Loss in average statistical life expectancy due to identified anthropogenic PM2.5Average of calculations for 1997, 1999, 2000 & 2003 meteorologies

  13. CAFE is not sufficient! For instance for PM2.5…

  14. Action plan for CAFE includes namely • Air quality European legislation revision • Revision of the directive on National Emission Ceilings (NEC), • Modification of limit values for vehicles, • Takes into account emissions of small combustion plants (lower than 50 MWth), • Includes air quality concerns in other sectors (agriculture, transport,…)

  15. IPPC DIRECTIVE

  16. European Legislations • IPPC (Integrated Pollution Prevention and Control) Directive • BAT (Best Available Techniques) • BREF (BAT REFerence Document) • Glass BREF revision starting in 2006

  17. IPPC Directive : some key messages • According to DG Environment, 3 principles: • Use of BAT • Integrated approach • Flexibility • The BREF is not an European regulation but a reference document, resulting to the obligation in the IPPC Directive of information exchange on BAT and associated emission levels • The permit will contain Emission Limit Values (ELVs) but not the means to reach ELV by a given technique • ELVs are based on BAT but can be adapted to local circumstances • Emission levels associated with BAT are purely indicative values and not ELVs • Technico-economic aspects must be taken into account • Existing and greenfield installations must be treated in a different way. The size of the installation is also an important factor

  18. IPPC Review Process (I) • Purpose: “While not altering its main underlying principles and level of ambition the review will evaluate the scope to improve the functioning of the Directive its coherence and complementarity with other industrial emissions-related legislation and the effectiveness of market-based- instruments in this context. However, the review should not distract Member States from a proper and timely implementation of the Directive. In particular, the deadline of 30 October 2007 for the full implementation of the Directive remains valid. • Timing: will proceed during 2006 and will be concluded in 2007 • Link: http://europa.eu.int/comm/environment/ippc/ippc_review_process.htm

  19. IPPC Review Process (II) • 5 external projects: 1) Assessment of the implementation by the Member States of the IPPC Directive 2) Assessment of options to streamline legislation on industrial emissions and analysis of the interaction between the IPPC Directive and possible emission trading schemes for NOX and SO2 3) Incentives to improve the environmental performance of IPPC installations beyond regulatory compliance 4) Data gathering and impact assessment for possible technical amendments to the IPPC Directive 5) Assessment of different approaches to implementation of the IPPC Directive and their impacts on competitiveness (Including Domestic Glass study) • For more information: http://europa.eu.int/comm/environment/ippc/ippc_review_process.htm

  20. Glass BREF revision • Nomination of TWG Members (Technical Working Group): 3th March 2006 • Wishes list sent to the IPPC Bureau in Seville (end of May 2006) • Nomination in IPPC Bureau of the expert in charge of the Glass BREF revision: Mr Marcos Garcia Muñoz • Background paper: November or December 2006 • Kick-off TWG meeting in Seville : December 2006 or January 2007

  21. Domestic glass organisation • CPIV coordination (F. Rivet, F. Van Houte and G. Tackels) • Group coordinator for Domestic Glass : F. Deblock and D. Lalart • Already several meetings • Survey of Furnace & Plant Emissions • Important to show the progress made • Exhaustive data required

  22. Some key points for the Domestic Glass sector • Filters for small installations versus PM2.5 • NOx reduction with and without nitrates • Primary measures • Oxycombustion • SCR

  23. Coût de la réduction des NOx d’après le BREF sur la verrerie Tirée en tonnes par jour

  24. REACH

  25. REACH • Registration, Evaluation and Authorisation of CHemicals • « No data, no market » • Covers both organic and inorganic chemical substances (including glass, metals, cement, paper, ceramics, …) produced or imported in EU up to downstream utilisation • Regulation : immediately into force in EU, no transposition required • Industry strategy : make REACH « workable » • Prioritisation not only on volumes but including risks assessment • Specificity of some products must be recognised like alloys and glass

  26. REACH: next steps • 4 October 2006 : Debate in Parliament Environment Committee • 10 October 12006: Vote in Parliament Environment Committee • 14 November 2006: expected vote in Parliament plenary • 4 December 2006: probable vote in Council (Competitiveness) and final approval of REACH • Beginning 2007 : REACH is applicable

  27. REACH and Glass IndustryWill the Glass industry affected by REACH? • Glass in its final shape is clearly an article • Raw materials are substances and the batch is a preparation • But what about the molten glass?

  28. The glass industry • In comparison to other industries the glass industry belongs to the few production sectors where the manufacturing and forming of a material are combined. Many other industries are characterised either by the production of substances (e.g. chemical industry) or by the reshaping of a material (e.g. plastics conversion and metalworking industries). • Except for some very specific cases (for example glass powders), glass products are articles (in the sense of REACH: article means an object composed of one or more substances or preparations which during production is given a specific shape, surface or design determining its end use function to a greater degree than its chemical composition does)

  29. What is glass ? Net result is that glass becomes a unique material with properties unlike those of the individual oxides themselves. E.g., for E glass composition: Melting temperatures of crystalline oxides (C) Weighted average melting temperature of oxides: 1913 °C Actual melting range temperature of E glass (liquidus T): ~1085 °C

  30. What is glass ? • So, • Glass is: • An amorphous (vitreous) material • A product of chemical reaction among original ingredients • A new material with physical and chemical properties different from those of its predecessor materials • A mixture of unreacted oxide ingredients • Glass is not: • A mere mixture of substances • An inhomogenous substance comprised of a collection of unbonded, individual domains • A collection of crystallites at a submicroscopic scale

  31. Regulatory aspects of glass • In the “Questions and Answers on REACH Part II” published on 22nd of November 2004, the European Commission stated that “ Fluid glass mass (during the manufacture of glass) is a preparation”. • In the “Questions and Answers on REACH Part III” published in August 2006, the European Commission stated that “ Fluid glass mass (produced during the manufacture of glass) is a preparation, albeit a special one, that would render glass comparable to metallic alloys. “….” The glass becomes an article when it has been given its final shape (e.g. bottle), but remains a preparation if it cools to a glass mass destined for further processing”.

  32. Glass and REACH • The high temperature mineralogical transformation allows the complete and tightly bound incorporation of chemical species in the glass structure. • For instance, lead oxide and boron oxide can be easily combined in the glass melt. Articles formed thereof, no longer have the hazardous characteristics of the raw materials. • With regard to REACH and taking the above into account: • glass definitely does not fit into the REACH definitions of “substance” or “preparation” • glass has very little in common with the individual chemical properties of its constituent substances because the melting process generates a new state of matter through mineralogical transformation

  33. Glass and REACH • Regarding the aspect « communication in the supply chain » • It is important to communicate the right (=relevant and useful) information in the supply chain via the Safety Data Sheets • Communicating on the risks of individual substances in glass is not relevant and has no added value

  34. Conclusions • The glass network structure displays properties which differ totally from those of the substances from which it is made. • The material “glass” does not fit into the REACH definitions of “substance” or “preparation” • The glass industry puts “articles” on the market and not substance or preparation (excepted in very few cases such as glass powders) • Glass is largely recognised as an inert material. • The concept of special preparation could be useful to solve the issues identified in this presentation • Workshop on special preparation on 10&11 October • “Royal Haskoning” study

  35. EU ETSWhat are the conclusions after 21 months of EU ETS?

  36. EU ETS calendar • If you are above 20t/day of glass production you must have • open an account in the registry • made quantification and reporting of emissions, according to the MRG (Monitoring and reporting Guidelines) set up by the Commission and MS regulations • given to your authorities the amount of previous year emissions (already verified by an agreed external verification body) before 31 March • surrendered your emissions on the registry before April 30 • If you have not enough allowances, you have to buy on the market

  37. What are the conclusions after 21 months of EU ETS? • Allocation methodologies are quite different from country to country • Strong increase of CO2 price (from 8 to 30€/t) followed by a collapse end of April 2006. High volatility • Much higher costs of electricity (up to 30%) with the question of windfall profits • Allowances are traded, the market is operational (more than 360 Mt for 7,2 billion €traded in 2005) but …are emissions really reduced? • Is the aim of the tool (reduce the emissions for a lower cost) achieved?

  38. EUA 2006 prices from beginning of 2005 up to end of August 2006 €/t CO2 Source : Point Carbon

  39. Emission Trading huge impact on electricity prices Source : IFIEC Europe

  40. EU ETS, some lessons from 2005 • EU ETS largely dominated by energy sector • 23 biggest European companies, producing 70 % of electricity hold around 30% of the allowances • Glass industry : 21.6Mt on a total of 2.1 billion tonnes (1%) and 475 installations on a total of 11.000 (4,3%)

  41. EU ETS, some lessons from 2005 • Average emission per plant is 45.000 tonnes of CO2/year and specific emission is 620 kg/tonne of glass (range 200 to 1200!) • Cap & trade system are fixing limits to the production and does not take into account the requirement to adapt production to the market demand • Many companies are long (excess of allowances) but not all. • In France, after only one year of operation, some companies have an excess of allowances up to 14% and others have to buy up to 18% of their allowances.

  42. The environmental targets of EU ETS are completely missed: • We do not receive the right signal leading to substantial investments in CO2 emissions reduction • Penalisation of the companies with substantial growth and (small) financing of declining markets! • It was a mistake to mix different sectors with different economic models, competition conditions and technical emission reduction possibilities • Industry penalised two time due to the huge electricity cost increase

  43. Cap &Trade is not well adapted to the glass industry. Is the baseline & Credit better? • The system (also called PSR: Performance Standard Rate) allows an ex-post adjustment of the production and is thus more equitable • The monitoring and verification must be done on emissions but also on the production • The system is based on a « benchmark » of relative emissions • Unfortunately, we see also important drawbacks for glass industry submitted to Baseline & Credit system

  44. Is Baseline & Credit system better for glass industry? • In glass industry, which unit is the most suitable: melted glass or net production? • Relative target must be applied to homogeneous sub-sectors • How to assign right and realistic progress? • Perverse effects must be avoided : choice of melting technique, type of energy etc… must remain in the hands of the glassmaker • An up to date ETS tool, well tailored to our industry has still to be found!

  45. Future of EU ETS • Discussions on NAP2 (2008-2012 period) • Deadline for submission to the Commission: 30 June 2006 • Many Member States are late • Commission wants strong reductions in line with Kyoto protocol requirements • Post Kyoto (post 2012) will be difficult

  46. Issues for the Glass industry • Nothing will be as before • Expensive fossil energy • Carbon constraint unavoidable • R&D must be increased • Optimisation of current processes will not be sufficient • How to cope with the “factor 4” announced by some EU countries (F, D, UK, S, …)? • Promote glass products helping to reduce GHG emissions

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