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Industrial Emissions Directive – Some Implications


Environet has recently completed a review of the Industrial Emissions Directive (24 November 2010) and its implications for impacted facilities. Below are the main outcomes of that review. We have excluded implications for large combustion and waste incineration plants which will be dealt with in a future news item.

  • ‘BAT conclusions’ should be the reference for setting permit conditions.
  • EU BAT reference documents should be updated at least every 8 years.
  • BAT emission levels can be exceeded where there is ‘disproportionately high costs compared to the environmental benefit.’ Such derogations need to be documented by the EPA in the licence issued.
  • ELVs (Emission Limit Values) specifically set out in the Directive cannot be exceeded.
  • A ‘baseline report’ on soil & groundwater conditions should be prepared for each facility. The Commission will establish guidance on the content of the report.
  • Where process effluent is discharged to a municipal wastewater treatment plant, the effect of that treatment can be taken into account when setting ELVs.
  • The EPA can grant a temporary derogation to BAT ELVs for a period not exceeding 9 months when a facility is testing emerging techniques.
  • Groundwater monitoring must be carried out at least every 5 years.
  • Licence conditions must be updated within 4 years of publication of new BAT conclusions.
  • The EPA is now required to issue a report to the licensee within 2 months of an inspection/audit taking place.
  • In general the majority of the IED must be transposed into Irish law by 7 January 2013.
  • With some exceptions, existing installations shall have until 7 January 2014 to comply with the requirements of the Directive.

One of the biggest changes associated with the implementation of the IED will be the requirement to comply with ELVs as specified in BAT conclusions. The only derogation that appears to be allowed is on the basis of cost and any such derogation must be explained and included in an annex to the licence by the EPA. Under the IPPC Directive it was possible to argue that BAT was being applied if there was no significant impact on the environment, but this is no longer the case.

For more information please contact Gerard Kelly at 058-51155.