Directive 2010/75/EU of the European Parliament and the Council on Industrial Emissions is the main EU regulatory instrument and body that supervises pollutant emissions from industrial installations. The European Union adopted the Industrial Emissions Directive (IED) on November 2010. It is based on a Commission proposal recasting seven previously existing directives (including in particular the IPPC Directive) following an extensive review of the policy. The IED entered into force on January 6, 2011 and had to be transposed by Member States on January 7, 2013.

According to the European Union (2016), the IED was aimed to achieve a high level of protection of human health and the environment taken as a whole by reducing harmful industrial emissions across the EU, in particular through better application of Best Available Techniques (BAT). In addition, around 50,000 installations undertaking the industrial activities listed in Annex I of the IED are required to operate in accordance with a permit (granted by the authorities in the Member States). This permit should contain conditions set in accordance with the principles and provisions of the IED.

Here are some of the salient points of the IED:

• The legislation covers the following industrial activities: energy, metal production and processing, minerals, chemicals, waste management and other sectors such as pulp and paper production, slaughterhouses and the intensive rearing of poultry and pigs.

• All installations covered by the directive must prevent and reduce pollution by applying the best available techniques (BATs), efficient energy use, waste prevention and management and measures to prevent accidents and limit their consequences.

• The installations can only operate if in possession of a permit and have to comply with the conditions set therein.

• The BAT conclusions adopted by the Commission are the reference for setting the permit conditions. Emission limit values must be set at a level that ensures pollutant emissions do not exceed the levels associated with the use of BATs. However, if it is proven that this would lead to disproportionate costs compared to environmental benefits.

• Competent authorities need to conduct regular inspections of the installations.

• The public must be given an early opportunity to participate in the permitting process.

   

  Four pillars of Industrial Emissions Directive

   

  Over-all, the IED is based on several pillars, in particular - an integrated approach, use of best available techniques, flexibility, inspections and public participation.

   

  First, 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.

  Second, the permit conditions including emission limit values must be based on the Best Available Techniques (BAT). In order to define BAT and the BAT-associated environmental performance at EU level, the Commission organises an exchange of information with experts from Member States, industry and environmental organisations. This work is coordinated by the European IPPC Bureau of the Institute for Prospective Technology Studies at the EU Joint Research Centre in Seville, Spain. This process results in BAT Reference Documents (BREFs); the BAT conclusions contained are adopted by the Commission as Implementing Decisions. The IED requires that these BAT conclusions are the reference for setting permit conditions.

  For certain activities, i.e. large combustion plants, waste incineration and co-incineration plants, solvent using activities and titanium dioxide production, the IED also sets EU wide emission limit values for selected pollutants.

   

  Thirdly, 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. Furthermore, Chapter III of the IED on large combustion plants includes certain flexibility instruments (Transitional National Plan, limited lifetime derogation, etc.).

  Further, 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.

  Lastly, 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.

  The IED also has built-in mechanisms in order to ensure monitoring, review and report. Article 30 (9) and 73 of the IED require the Commission to review the need to control emissions through the European Pollutant Release and Transfer Register. In this way, the emission data reported by Member States are made accessible in a public register, which is intended to provide environmental information on major industrial activities. This report was adopted by the Commission on 17 May 2013 (COM(2013) 286 final).

  To control industrial emissions, the EU has also developed a general framework based on integrated permitting. This means the permits must take account of a plant’s complete environmental performance to avoid pollution being shifted from one medium - such as air, water and land - to another. Priority should be given to preventing pollution by intervening at source and ensuring prudent use and management of natural resources.

   

   

   

   

   

  The Netherlands’ compliance with the Industrial Emissions Directive (IED)

  In the Netherlands, European environmental directives related to air pollution are implemented through the Environmental Management Act and the Activities Decree. In particular, the Industrial Emissions Directive regulates emissions from large combustion plants, waste incineration plants, VOC solvents and IPPC installations. This is being supervised by the Ministry of Infrastructure and Environment.  

   

  Emissions that are not regulated by the general binding rules of the Activities Decree are subject to permits. The emission limits for most substances emitted to air by industrial sources are given by the Netherlands Emission Guideline for Air (Ministry of Infrastructure and Environment, 2012).

   

  On the other hand, the Activities Degree contains environmental regulations, especially for companies. It states that:

   

• The Activites Decree is applicable to all companies in the Netherlands, unless they have little or no impact of the environment.

• Many of the rules of the Activities Decgree are detailed in the Activities Regulations.

• The Activities Decree contains rules per type of environmentally harmful activity (e.g. metal processing) and by type of environmental impact (e.g. noise).

• It is sometimes possible to deviate from the rules of the Activities Decree with ‘customised rules’.

• The Activities Degree has different rules for different types of businesses. The Activities Decree makes a distinction between companies in types A, B, and C.

• The Decree sometimes obliges a company to make a notification when it starts op or make changes. A company can determine which rules the Activities Decree with ‘customised rules.”

• The Activities Decree has different rules for different types of businesses. The Activities Decree makes a distinction between companies in types A, B, and C.

• The Decree sometimes obliges a company to make a notification when it starts op or make changes.

• A company can determine which rules the Activities Decree imposes on its activities by using the Activities Decree Internet Module. AIM is an ICT system with the goal of making the Activities Decree accessible to companies and the competent authority.

Over-all, the Activities Decree and the Activities Regulations regulate 100 activities such as storage in tanks and packages, mid-sized combustion plants, work on materials (mechanical labour, coating, etc.), agricultural activities, and some industrial processes (such as large combustion plants). For some of these activities, the regulations are an implementation of EU legislation such as the Industrial Emissions Directive. Further, the Decree sets goals for each environmental aspect, such as soil, waste, air, water and safety. The Activities Regulations provide the means for compliance, such as the techniques to be used, and impose other requirements, such as ways to measure emissions.

Further, the Activities Decree distinguishes between three types of companies: types A, B, and C. In general, they have the following guidelines:

Type A ？ these companies perform less environmentally harmful activities, such as many office and school building and shops. They are not required to submit a notification to the competent authority when they start or make changes. They also do not require an All-in-one permit for Physical Aspects for the environmental aspects. The Activities Decree is applicable to the whole company. However, other environmental rules may apply to them outside of the Activities Decree.

Type B

Type B companies are required to submit a notification to the competent authority in the case of a start-up or change. They do not require an All-in-one Permit for Physical Aspects environment. They sometimes require an ‘OBM’, an All-in-one permit for Physical Aspects limited environmental impact assessment. The Activities Decree is applicable to the whole company. Outside of the Activities Decree, other environmental regulations may also apply. Examples of type B companies are car companies, metalworking companies and marinas.

Lastly, Type C companies require an All-in-one Permit for Physical Aspects for the environment aspect. They are required to submit a notification under the Activities Decree for activities to which Chapter 3 of the Activities Decree applied. For these activities no rules are required in the permit. Type C companies sometimes also require an OBM.

Only a part of the Activities Decree is applicable to type C companies. The rest of the environmental rules can be found in the All-in-one Permit for Physical Aspects of the company. Outside of the Activities Decree and the All-in-one Permit for Physical Aspects, other environmental rules may also apply.

Netherlands Emissions Guidelines for Air

However, not all emissions are governed by the general binding rules of the Activities Decree. These are subject to permits. The emission limits for most substances emitted to air by industrial sources are set by the Netherlands Emission Guidelines for Air (NeR).

The NeR is a national guideline, aimed at harmonizing the environmental permits in the Netherlands with respect to reducing of emissions to the air. The system of the NeR was derived from the German TA Luft in the 1990s.

The NeR is implemented by the Activity Degree since January 1, 2016 which has a legally binding status. However, the NeR does not have a legally binding status. It only functions as an important guideline for competent authorities during giving of permits. Its content is monitored by the representatives of the competent authorities (provinces, municipalities, and the national government) and officials of the trade and industries.

In general, general concentration standards are given for each substance or class of substances. In most cases, a threshold value is given above which implementation of measures should be considered. This threshold value is called the mass flow limit. The concentrations are upper limits for the concentration in the waste gas flow of a specific relevant source. Further, the NeR also contains special provisions for specific activities and branches of industry.

References:

http://www.eea.europa.eu/policy-documents/directive-2010-75-ec-on

Netherlands Emissions Guidelines for Air (2017). Ministry of Infrastructure and the Environment. Kingdom of The Netherlands.