|IED recent legislative developments – guidance on drawing up of BAT and determination of the start-up and shut-down periods of combustion plants|
|Thursday, 14 June 2012 13:44|
Considering Article 21(3) of the Industrial Emissions Directive (IED) which requires that within 4 years of publication of decisions on BAT (Best Available Techniques) conclusions relating to the main activity of an installation all the permit conditions for the installation concerned are reconsidered and, if necessary, updated to ensure compliance the process for establishing BAT is of crucial importance for industry. The legal act that must not be overlooked in that regard is Commission Implementing Decision 2012/119/EU) of 10 February 2012.
An equal importance for combustion plants, the total rated thermal input of which is equal to or greater than 50 MW, has Commission Implementing Decision (2012/249/EU) of 7 May 2012 concerning the determination of start-up and shut-down periods for the purposes of Directive 2010/75/EU. These provisions have significance for assessing compliance with the emission limit values (the values measured during the start-up and shut-down periods are to be disregarded) as well as for determining the number of operating hours of the combustion plants, where it is relevant for the implementation of that Directive.
Determination of start-up and shut-down periods has also relevance for setting permit requirements which should include measures relating to conditions other than normal operating conditions.
The European Commission has adopted this year two important decisions implementing Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions:
1) Commission Implementing Decision (2012/119/EU) of 10 February 2012 laying down rules concerning guidance on the collection of data and on the drawing up of BAT reference documents and on their quality assurance referred to in Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (OJ L 63, 2.3.2012, p 1),
2) Commission Implementing Decision (2012/249/EU) of 7 May 2012 concerning the determination of start-up and shut-down periods for the purposes of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (OJ L 123, 9.5.2012, p 44)
Given that Directive 2010/75/EU does not determine start-up and shut-down periods, while those periods relate to several provisions in that Directive and that the emissions from combustion plants during start-up and shut-down periods are generally at elevated concentrations compared to normal operating conditions it was necessary to adopt the second of the above decisions. It applies to combustion plants covered by Chapter III of Directive 2010/75/EU.
The process for establishing BAT conclusions is underway. As the European Cement Association Cembureau (www.cembureau.be) indicates, from 14-16 May 2012, the Cement, Lime and Magnesium Oxide (CLM) Technical Working Group (TWG) met in Seville (Spain) to discuss and agree the draft BAT conclusions for the CLM BAT Reference Document (BREF).