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Implementation of the WI Directive

This report provides an analysis of the implementation of the WI Directive and offers suggestions for amendments and improvements. It includes information on questionnaire scope, responses analysis, definitions, number of installations and permits, public participation, abnormal operation, and more.

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Implementation of the WI Directive

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  1. Implementation of the WI Directive DG ENV, Brussels, 7 December 2010

  2. Outline • Questionnaire scope • Completeness of the responses • Analysis of the responses • Definitions • Number of installations/permits and waste types • Permit • Public participation • Abnormal operation • Suggestions for amendments • Suggestions for improvement ERT

  3. Questionnaire scope • Implementation of WID provisions Information exchange on: • Best practices • Difficulties • Identify need for clarification / amendment of WID provisions

  4. Completeness of the responses • Overall adequate MS response • Implementationtransposition identification of best practices hampered

  5. Category 1: Definitions Question 1.1: Please describe any problems with the definitions given in Article 3 identified when transposing and implementing the Directive? Most MS do NOT report problems with definitions Some do: • mixedmunicipal waste =? untreated municipal waste =? household waste=? commercial waste • burning of products of the pyrolysis/gasificationprocesses? European Court of Justice • disposalor recovery? Draft Guidance • categories of combustible liquid wastesfor which the WID requirements for hazardous waste do not apply Industrial Emissions Directive

  6. Category 1: Definitions • technical problems (e.g. determination of nominal capacity, calorific value) • existing and new installations • End-of-waste

  7. Category 2: Numbers Question 2.1: Please give information on number of installations, permits and permitted capacities that fall within the scope of the Directive. • 1 plant = 1 permit = 1 installation? • Inconsistentand unreportedfigures (e.g. capacities) affect conclusions ?

  8. Category 2: numbers

  9. Category 2: Numbers Heat recovery • 10 MS: in all installations (Germany => 27% of the total number of heat recovering installations in the reporting MS) • 7 MS: in > 85% of installations (mainly existing plants no heat recovery) • 2 MS: NO installations with heat recovery • Rest: 29 - 81%

  10. Category 2: Numbers Question 2.3: Please give information on the waste that has been co-incinerated. • Co-incineration: Yes 22 MS No 2 MS No information 1MS • plants subject to Annex V emission limits Yes 4 MS No21 MS Question 2.4: How many co-incineration plants are subject to the emission limits provided in Annex V of the Directive (i.e. untreated MSW or > 40 % of the heat from the combustion of hazardous waste)?

  11. Question 3.1: What provisions are made within the permitting process for identifying: • quantities and categories • minimum and maximum flows • ranges of calorific values • restrictions on content of pollutants • of hazardous wastes? Category 3: Permit Specific permit provisions on hazardous wastes: • Derogations in many MS → non-compliance? (+ 10 MS) • ≠aim of WID provisions not pursued e.g. BE-FL • Poorly specified mass flows • Implementation (4 MS) • Categoriesbasedon: • lists of approved waste codes oracceptance/input limit values • Quantities and flowsbasedon: • BAT • Testingemissions in advance • Sectoral studies • Waste calorificvalue, % energysubstitution, ratedthermal input of plant

  12. Category 3: Permit Specific permit provisions on hazardous wastes: • Implementation (4 MS) • Calorificvaluesand pollutantconc. basedon: • informationfromprevious tests withsimilarwastes • informationfromseveral studies • Permittedconcentrations in the flue gas

  13. Question 3.7: For releases to air, have ELV’s additional to those given in Annex II or V been set? Category 3: Permit Question 3.14: are the requirements of the permit for the measurement of pollutants to air and process operation parameters identical to those set out in Art. 11(2) Air Emission Limit Values • Additional or more strict provisions • 13 MS • NH3 (SNCR), benzene + many others • Reasoning: BAT, precaution, measurement results • Measurement requirements: • Many exemptions cf. WID, especially for HF, HCl and SO2 (9 MS)

  14. Question 3.6: for cement kilns co-incinerating waste, have any exemptions from the ELV’s for Nox, dust, TOC or SO2 been granted cf. Annex II.1? How many? Reasoning? Category 3: Permit AirEmission Limit Values • ELV exemptionsin cement kilns(NOx, dust, SO2, TOC) • Granted in 20 out of 22 MS • Numbercomparabilityissue • For TOC and SO2: mainreasoning = rawmaterialsused, butproof?

  15. Question 3.9: Have ELV’s been set for pollutants to water in addition to the pollutants specified in Annex IV? Category 3: Permit Question 3.10: What operational control parameters are set for waste water discharges? Water Emission limit values • Additional (8 MS) • Most frequently mentioned: AOX, COD, CN-, NH4-N, F-, SO42-, SO32-, S2- • Reasoning: existing (water related) legislation, BAT • Operational control parameters: • Definitionneeds clarification • Additional: weekly flow volume, peak weekly flow (1 MS)

  16. Question 3.11: What provisions are made to ensure protection of soil, surface waters or groundwater in accordance with Art. 8(7)? Category 3: Permit Protection of soil, surface waters, groundwater • General plant design • Coverage and impermeable surfaces • Easy access to reservoirs and drainage systems • Easy to clean  no deposits • Avoiding waste spread • Design guidelines • Waste storagecapacity design limitedstorageperiods • Water storage • Facilities for separate collection of polluted waters • Storage tank requirements legislation – permit – practice?

  17. Question 3.11: What provisions are made to ensure protection of soil, surface waters or groundwater in accordance with Art. 8(7)? Category 3: Permit Question 3.12: What criteria are used to ensure that storage capacity is adequate for waters to be tested and treated before discharge? Protection of soil, surface waters, groundwater • Organizationalmeasures • Inspections and leak tests (internal/independent) • Monitoring water/soilquality • Emergency plans • Criteria ensuring adequate storagecapacity (3 MS) • Best practices • Capacity of waste water treatmentfacility • Quantities of fire-fighting water/ number of firehydrants • Max precipitationforecasts • Risk assessmentstudy • Annual water balances legislation – permit – practice?

  18. Question 3.13: What provisions have been made to minimize the quantities and the harmfulness of residues resulting from (co-) incineration plants? Category 3: Permit Minimization quantities and harmfulness residues • General • BAT or best practiceguidesfor waste management • Waste acceptance list • Pretreatment of residues prior to disposal (e.g. solidifying) • Recycling • System design  saleableproducts • Restrictionsonuse of residues • Specialised waste management undertaking • Transport in closed containers or PE bags, safe route • Residueanalysis • Requirementsonrecording and presentation of measurementresults legislation – permit – practice?

  19. Question 3.16: What provisions are made within the permitting process as regards air emissions, to ensure compliance with the provisions of Art 11(8), (9), (11), (12)? Category 3: Permit Measurement standardisation, recording, processing, presentation • Implementation?? • Article 11 (9) All measurement results shall be recorded, processed and presented in an appropriate fashion in order to enable the competent authorities to verify compliance with the permitted operating conditions and emission limit values laid down in this Directive in accordance with procedures to be decided upon by those authorities. • Article 11 (12) The average values over the sample period and the average values in the case of periodical measurements of HF, HCl and SO2 shall be determined in accordance with the requirements of Article 10(2) and (4) and Annex III.

  20. Question 3.16: What provisions are made within the permitting process as regards air emissions, to ensure compliance with the provisions of Art 11(8), (9), (11), (12)? Category 3: Permit • Procedures • Measurementfrequency, techniques, conditions • (Detailed) calculation of daily averages • Calibrationrequirements • Record keeping: duration – data • Content, form and timing of reports/data submitted, e.g.: • Real-time data transmission • Data publicationon internet • Quarterly, monthly, daily,… reporting • Locationmeasurementpoints (4MS): • representativityverifiedby CA • ISO guidelines Measurement standardisation, recording, processing, presentation

  21. Category 4: Public participation Availability of copies Public announcement of submission Minimum content Permit application (co-)incineration Access restrictions Standard permit procedure IPPC procedure not IPPC procedure Debates Committees Submission of comments Possibility to comment decisions Publications of decisions Appealing decisions Permit decision Access decisions Permit Access to permits Monitoring reports

  22. Category 4: Public participation Periodduringwhich the public is enabled to comment • Fixed period • According to the permit type (new/updated or IPPC/non-IPPC) • No fixed period is reported (from submission of the application to the granting of the permit) Confusion new vs. ‘updated’ permits • Half of the MS that provide an answer indicating that arrangements to enhance public participation are made for new permit applications only 1 MS: Only public participationfor IPPC plants Question 4.1: What arrangements are made to ensure public participation in the permitting process? Reported periods during which permit applications are made publicly available (20 MS excl. BG, DE, NL, ES and SE)

  23. Category 4: Public participation Question 4.2: With regard to the availability of information throughout the permitting process: Is there any information related to environmental aspects not publicly available on the application, decision process and subsequent permit? If yes, please specify. Some information related to environmental aspects is NOT publicly available • Most MS: all information available • Some MS: restrictions possible after solid motivation • Personal • Juridical • Industrial or commercial • On grounds of national security • Environmental protection (exact locations of rare or protected species) Best practice: minimize restrictions

  24. Category 4: Public participation Question 4.2: please specify whether this information is available free of charge. Costsfor the public • Consulting and viewinginformation: 100% free • 3 MS: Proportionalcharges if substantial preparatory work is needed • transforming information into a specific format • photocopying or sending documents. Submission of annual report on functioning and monitoring of the plant • Set in legalprovisions and oftenalso in permit conditions Question 4.3: What provisions are made to require an operator to submit an annual report on the functioning and monitoring of the plant to the competent authority?

  25. Category 4: Public participation Question 4.4: What information are these Annual Reports required to contain? Art. 12(2) “This report shall, as a minimum requirement, • give an account of the running of the process • and the emissions into air and water • compared with the emission standards in this Directive.”

  26. Category 4: Public participation Additional information in Annual Report • details on procedures, processes, installations, energy issues and combustion conditions. • Detailed figures concerning the impact on natural resources. • Information on the performance of EMAS • data gathered in the frame of the E-PRTR requirements • inclusion of results of monitoring, audits or inspection reports • indicators on safety, failures, incidents or accidents. • proposals of corrective measures in case of non-compliance with ELVs or specific permit conditions.

  27. Category 4: Public participation Question 4.5: How are the Annual Reports made available to the public? • from the Competent Authority on request • on the internet (governmental and/or company websites) • at the town hall • at the installation upon request • 3 MS: provisions on annual reporting hold for all types of plants, regardless capacity, and no separate lists are made up Question 4.6: For (co-)incineration plants with a nominal capacity > 2 Tonnes/hour, how are these plants publicly identified?

  28. Category 5: Abnormal operations Question 5.1: What provisions are made within a permit to control the period of operation of an incineration or co-incineration plant during abnormal operation (i.e. stoppages, disturbances or failure of abatement or monitoring equipment)? Most MS refer to the provisions required under Art. 13 as they were transposed • Very few MS: NO details are included in individual permits • Immediate notification of the CA, with specification of details; • Identification and elimination of the cause of longer ELV exceedance periods; • Conditions for stopping or reducing feeding of waste; • Procedures, also concerning start-up or shut-down of the installation; • Conditions for resuming normal operations; • Obligation to include in the Annual Report relevant information on the operation under abnormal conditions + details on the causes, effects and actions that were undertaken... legislation – permit – practice?

  29. Category 5: Abnormal operations Specific conditions and requirements that are included in the permits: • Procedures for the control of intermediate and abnormal operation and the monitoring of the operating conditions; • Conditions on peak emissions; • Plans or protocols to be applied in case of failures, accidents or exceedance of ELV; • Mitigation of effects of discharges and accidental leaks; • Measures for prevention and requirements on minimum availability of measurement equipment; • Limits on the duration of abnormal operating periods; • Conditions for resuming normal operation; 1 MS: no specific national provisions exist, being the authority issuing the permit responsible for establishing such provisions.

  30. Category 5: Abnormal operations Question 5.2: For incineration and co-incineration plants what are the maximum permissible periods of operation during abnormal operation with exceedance of ELVs (i.e. before the plant must shut down)? • All but 1 reporting MS: 3 to 4 hours without interruption in a single event • 1 MS: < one hour •  All but 2 reporting MS: maximum cumulative duration of periods exceeding ELVs over 1 year of 40 to 60 hours • 2 MS: cumulative duration > 60 hours (1 MS: case by case) • 2 MS: complementary requirements for ELV exceedance periods when no waste is being burned • In some MS: stricter conditions in individual cases or additional requirements in regions.

  31. Category 6: Suggestions for amendments Question 6.1: What information, do you have to suggest that the Directive should be amended with regards to: Article 10 Control and monitoring • Excessive burden for small plants • More flexibility for: • small installations (e.g. < 6 tonnes/hour) • plants that treat consistently specific waste streams • plants that comply with ELVs without need for abatement. Article 11: Measurement requirements • Unnecessary distinction between averaging periods for ELVs for incineration and co-incineration (resp. half hourly and daily averages). • Articles 11(7) and 11(13) are incompatible: 11(13) = continuous measurements, 11(7) reduction of the frequency of periodic measurements FOR SAME POLLUTANTS

  32. Category 6: Suggestions for amendments Article 13: Abnormaloperatingconditions • ELV exceedance and continuous measurement of emissions during batch processes that can exceed 4 hours? • In co-incineration plants ELVs are based on daily averages, so it might be difficult to determine a 4 hour exceedance period. Annex I • Need of review in view of international harmonization (I-TEQ/WHO-TEQ) Annex II • Need for drafting of special regulations for processes that use waste for both energy and material recovery.

  33. Category 6: Suggestions for amendments Annex V • ELVs of WI Directive are not always in line with BAT. • Detection threshold of dioxins and furans has improved since the Directive’s adoption => reduce sampling period Other • Suggestions for exemption of provisions on incineration of certain wastes with energy recovery. • Need for a mixing rule for waste water discharges from cleaning from exhaust gas to distinguish pollutants not originated by the waste.

  34. Suggestions for improvement ERT • Clarify focus on implementation • Clarify permit - legislation - practice • Add article nr/text • Further standardisation of answers • Yes/no + e.g. ‘in some cases’  remarks field • Reformulate some questions (e.g. 2.1, number of exemptions, …) • Add examples • Outline of topics to be addressed  more subquestions

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