Air Pollution Direcitve by zie20290

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									The Directive on Air Pollution from Industrial Plants
Official Title: Council Directive 84/360/EEC on the combating of air pollution from industrial
plants (OJ L 188, 16.7.84)

TAIEX Ref. No.: 75


1         Summary of Main Aims and Provisions
This is a framework Directive, which will be replaced entirely by the IPPC Directive in 2007. The
main aim of this Directive is to provide for measures and procedures to prevent or reduce air pollution
from industrial plants. It requires Member States to ensure that specified categories of industrial plant
obtain authorisation before commencing operation and before undergoing substantial alteration. Until
2007, authorisations for existing plant may only be issued subject to specified conditions, including
compliance with emission limit values and the use of Best Available Technology Not Entailing
Excessive Costs (BATNEEC).


2         Principal Obligations of Member States
2.1       Planning
     Implement policies and strategies to adapt gradually existing industrial plants to the Best
      Available Technology (Art. 13).

2.2       Regulation
     Ensure that specified categories of industrial plants are subject to authorisation before they
      commence operation or undergo substantial alteration (Art. 3 and Annex I).

     Ensure that applications for authorisation include a description of the plant containing sufficient
      information to enable the competent authority to determine the application (Art. 6).

     Ensure that authorisations are only granted if specified conditions are met for the prevention of air
      pollution, including the use of Best Available Technology Not Entailing Excessive Costs
      (BATNEEC) and compliance with emission limit values (Arts. 4 and 12). New plants should
      now be authorised under the IPPC Directive.

2.3       Monitoring
     Monitor:
       compliance with the requirements of the Directive (Art. 11);
       developments in Best Available Technology (Art. 12); and
       the state of the environment (Art. 12).




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2.4       Information and Reporting
     Make information concerning applications for authorisation and decisions of competent
      authorities available to the public (Art. 9).

     Exchange information with other Member States on experience and knowledge relating to the
      prevention of air pollution and on applications for authorisations (Arts. 7 and 10).

     Follow development in Best Available Technology and impose conditions on the basis of those
      developments (Art 12).

     Report to the Commission on:
       experience and knowledge relating to the prevention of air pollution (Art. 7);
       implementation of the Directive (Art. 15a and Council Directive 91/692/EEC); and
       transposition with texts of the main provisions of national law adopted in the field covered by
         the Directive (Art. 16).

2.5       Additional Legal Instruments
The following legislation should be borne in mind when implementing this Directive:

     The Integrated Pollution Prevention and Control Directive (96/61/EEC) will partially repeal this
      Directive in 1999, although it will not totally replace the requirements for standards until 10
      October 2007, when the IPPC Directive must be fully implemented.

     The Large Combustion Plants Directive (88/609/EEC) which requires limits on total emissions of
      SO2 and NOx to be set.

     The Directive on Ambient Air Quality Assessment and Management under which ambient air
      quality standards are set.

     Directive on Access to Environmental Information (90/313/EEC) which allows the public access
      to environmental information held by public bodies. The reader should also refer to the other
      legislation mentioned in the fiche for the IPPC Directive.


3         Implementation
3.1       Key Tasks
The key tasks involved in implementing this directive are summarised in the following checklist. The
key tasks are organised in chronological order wherever possible.




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    DIRECTIVE ON AIR POLLUTION FROM INDUSTRIAL PLANTS – KEY IMPLEMENTATION TASKS
    1    Planning
    1.1  Appoint a competent authority to implement the requirements of the directive.
    1.2  The competent authority should establish an authorisation system for industrial plants in the categories covered by the
         directive.
    1.3  Determine which additional categories of industry (if any) are to be included.
    1.4  Draw up an inventory of existing plants in the categories to be included.
    1.5  Prepare a strategy for bringing existing plants within the authorisation system.
    1.6  Formulate guidelines on pollution abatement techniques and emission limits based on best practice elsewhere in EU Member
         States and having regard to the costs of the technology proposed.
    1.7  Develop policies and strategies for the gradual adaptation of the best available technology not entailing excessive
         costs(BATNEEC) to reduce air pollution in existing plants in the categories covered by the directive.
    1.8  The competent authority should establish a sampling and laboratory facility to enable it to monitor compliance with the air
         pollution limits and emission limit values.
    1.9  Establish reporting systems to meet the reporting obligations.
    2    Regulation and Monitoring
    2.1  The competent authority should implement an authorisation procedure for existing industrial plants in the categories to be
         included for the period to 10th October 2007. On the basis that implementation of the directive will be linked with the
         implementation of the IPPC Directive the procedure should permit the review of authorisations from time to time to
         incorporate developments in BATNEEC.
    2.7  Monitor compliance of authorised facilities with emission limit values and to confirm that the use of plant does not cause
         significant air pollution and that BATNEEC is being used.
    2.8  Implement an enforcement scheme to take account of:
              nature of the plant;
              type of equipment to be used;
              pollution abatement measures to be adopted;
              nature and level of emissions; and
              procedures for emission monitoring.
    3    Consultation and Reporting
    3.1  The competent authority should arrange for contacts to be made with other Member States to exchange information on
         pollution control techniques.
    3.2  The competent authority should set up and maintain a public inventory of authorisation applications and authorisations granted
         and make information available to the public in accordance with the Directive on Access to Environmental Information
         (90/313/EEC).
    3.3  Report to the Commission, other Member States and the public as required by the obligations listed above on:
              the text of the laws introduced to allow the implementation of the directive; and
              the measures taken to prevent and reduce air pollution.


3.2          Phasing Considerations
Given that this directive will be repealed when the IPPC Directive (96/61/EEC) becomes fully
operational in 2007, implementation of this directive should take account of, and be carried out in
conjunction with, the implementation of the IPPC Directive. As the requirements are complementary,
it would be duplication of efforts to set up a separate administrative system to implement this
directive. However, some of the emission control standards of this directive will have to be
implemented for existing plant before the final date for implementing the IPPC Directive on 10
October 2007.


4            Implementation Guidance
The following text presents a number of general observations and suggestions for implementing this
directive based on the collective experience of Member States.

Planning

      This directive was issued in 1984. From 1999 its requirements are mostly replaced by the IPPC
       Directive (96/61/EEC) in so far as air pollution is concerned. However, whereas this directive
       refers to “Best Available Technology Not Entailing Excessive Costs” (BATNEEC), the IPPC
       Directive requires the use of “Best Available Techniques” (BAT), i.e. both the technology and
       how it is used are relevant, and there is less emphasis on the costs which may fall on the operator.
       Effectively only existing plants which are substantially modified should now be authorised under
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    the transitional arrangement of BATNEEC valid until 2007 as new plants should now be brought
    into the IPPC regime.

   Given the need to implement the IPPC Directive (96/61/EEC) it would be unwise to introduce a
    special organisational structure solely for air pollution control. However, the authority
    implementing the IPPC Directive must be aware that certain air pollution standards listed in this
    directive must be met in advance of the date of the IPPC Directive becoming fully effective. This
    applies to both new and substantially modified installations, but there is also a provision in the
    present directive to develop plans for the modification of existing plants to meet the standards.

   It is recommended that no institutional structures be created to implement this directive over and
    above those required for the IPPC Directive (96/61/EEC). The objective should be to move to
    implementation of the IPPC Directive as soon as possible.

Examples of Practice in Member States

One Member State (F) has a global, integrated approach to industrial pollution control and risk management.
The Law on Classified Installations for the Protection of the Environment of 19 July 1976 fulfils the
requirements of the IPPC Directive (96/61/EEC). The objective is to protect the environment from any air
pollution, noise, water pollution, waste, explosion or fire risks. Directive 84/360/EEC on air pollution from
industrial plants is covered by the legislation on classified installations.

In another Member State (UK) air pollution from industrial plants is controlled under an Environmental
Protection Act which specifies an integrated pollution control regime for emissions to air, land and water.
Emission limits for discharges to air are set and enforced by a national Environment Agency for large plants,
and by Local Authorities in the case of smaller installations. The specification of installation type and size to be
controlled by either organisation is laid down in regulations and a prior authorisation regime is operated based
on the principles of BATNEEC.

Regulation and Monitoring

   The initial step is to determine what classes of industrial plants are to be covered by the national
    legislation. Annex I of this directive lists 19 categories of installation which must be included, but
    Member States may add other categories.

   The required authorisation process applies to new plants belonging to the classes listed in Annex I
    of the directive, and to substantial alterations of existing plants belonging to these classes. It is
    necessary to establish an authorisation procedure, probably by using or modifying an existing
    authorisation or development consent process. It is recommended that the technical details of
    requirements relating to emission controls should be contained in separate guidance rather than in
    legislation, so that they can be readily updated. In order to deal with authorisations it will be
    necessary to produce guidelines specifying:

             What constitutes BATNEEC in respect of each category of industry? (the directive
              provides that account is to be taken of the economic situation of undertakings in the
              category as a whole, i.e. the technology must be affordable for at least the majority of
              operators).

             Applicable emission limits for each category of plant to include emissions of the
              substances listed in Annex II of the directive. These may be set according to local
              circumstances.

             Ambient air quality limit values paying regard to those quoted in the IPPC Directive
              (96/61/EEC) and to the proposals for specific limit values (this process will be done as
              part of implementing the IPPC Directive).

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   In practice, the process of defining BATNEEC and the applicable emission limits will need to be
    done as part of the implementation of the IPPC Directive (96/61/EEC). Furthermore the
    requirements of this directive should be integrated with the implementation of IPPC such that
    attention should focus on Air Pollution from Industrial Plants standards for BAT.

   The final step in the authorisation process is to identify and prepare an inventory of all the
    existing industrial plants covered by the directive. A strategy for bringing these within the
    authorisation system and converting them to BAT needs to be elaborated. Conversion to BAT
    must take account of the plant’s technical characteristics, degree of utilisation, length of
    remaining life, and the nature and volume of polluting emissions. The directive does not specify a
    time scale for bringing existing plants within the authorisation regime, so in practice this process
    can be combined with the implementation of the IPPC Directive (96/91/EEC).

   For plants brought within the authorisation regime under this directive the competent authority
    needs to issue a form of application requiring the submission of the following details:
         nature of the plant;
         type of equipment to be used;
         pollution abatement measures to be adopted;
         nature and level of emissions; and
         procedures for emission monitoring.

   Advances in knowledge relating to BAT should lead to changes in authorisation conditions when
    these are periodically reviewed, so that levels of pollution are progressively reduced over time.

   Arrangements need to be made for monitoring compliance with the authorisation. It is
    recommended that this should entail a combination of self-monitoring and reporting by operators,
    together with inspections by the environmental protection agency to verify compliance and check
    the monitoring results. A mixture of scheduled and unannounced inspections is recommended.
    There will also be a need to review authorisation conditions periodically. This can be integrated
    with the requirements of the IPPC Directive when it is fully implemented.

Reporting

   The competent authority needs to exchange information with other Member States and with the
    Commission concerning the prevention and reduction of air pollution, abatement techniques and
    emission limit values.

   Details of authorisations for industrial plants are to be maintained on a public register.


5        Costs
The main types of cost arising during the implementation of the Directive on Air Pollution from
Industrial Plants are illustrated in the checklist below. The costs of implementing the directive fall
into two main groups:

   Setting up the administrative structures to deal with plant authorisations and inspections; and

   The costs of compliance by operators in terms of abatement equipment and emissions monitoring.

The major costs will relate to the costs of compliance by operators.


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The costs of administration and regulation could be recovered from operators under a system of
charging fees for authorisation applications and renewals. Most of the costs will arise as a result of the
implementation of the IPPC Directive (96/6/EEC), although there are likely to be some costs incurred
at an earlier date as a result of introducing the authorisation scheme and BAT for this directive,
particularly in respect of authorising existing plants prior to the 2007 deadline for IPPC.

Checklist of the Types of Cost Incurred To Implement the Directive

Initial set-up costs:
 Establishment of competent authority(ies);
 Devising systems and procedures;
 Provision of training;
 Preparing technical guidance notes.

Capital Expenditure:
 Construction or alteration of industrial plants to meet BAT for air pollution abatement.

On-going running costs:
 Maintenance of the authorisation process, inventory and data processing;
 Operation of emissions abatement technology;
 Enforcement costs including inspection and sampling of plants covered by directive;
 Reporting to the Commission.




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84/360/EEC                                          34                    Directive on Air Pollution from Industrial Plants

								
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