Industrial emissions proposals laid in parliament

Key among the governments plans are: making local authorities the regulators for all waste incineration and co-incineration activities below a certain threshold; removing the burden of “best available techniques” (BATs) from smaller installations; and, encouraging regulators to press ahead with the development of standard rules.

The Consultation on the transposition of industrial emissions Directive in England and Wales ran from March 12 2012 to June 6 2012. The Directive is a recast of seven existing directives including those governing waste incineration, large combustion plants, integrated pollution prevention and control, activities using organic solvents and three on titanium dioxide production. It requires a wide range of industrial activities to be regulated so as to protect the environment from possible harm from their emissions.

The Directive will be transposed into law through amendments to the Environmental Permitting (England and Wales) Regulations 2010.

In their response to the consultation, published alongside a summary of responses, Defra and the Welsh Government have stayed close to their original plans for the transposition of the Directive and much of the material remains substantially unchanged from what was contained within the seven component Directives.

However following the consultation they note that there have been several misunderstandings about what waste management activities the Directive will cover. In a bid to resolve this Defra and the Welsh Government said they will discuss with the Environment Agency the provision of further guidance.

Respondents to the consultation included a number of councils and businesses as well as several industry bodies such as the Association for Organics Recycling, the British Metals Recycling Association and Environmental Services Association.

BATs

In the consultation Defra proposed to remove best available technique (BAT) requirements from incineration and co-incineration installations which are not subject to integrated pollution prevention and control (IPPC). BAT requirements are an obligation to ensure that industrial operators use the most cost-effective techniques to achieve a high level of environmental protection. These facilities would have a capacity of less than three tonnes per hour for non-hazardous waste and 10 tonnes per day for hazardous waste.

It asked respondents whether they agreed with the proposal and what environmental consequences could arise as a result. In total, 12 of the 14 respondents to the question disagreed with the proposal to remove BAT requirements from incineration and co-incineration installations which are not subject to the integrated pollution prevention and control (IPPC).

In response to the proposals, some local authorities, which would regulate such plants, claimed the lack of BAT requirement from these installations would give nothing for operators to aim for or for regulators to regulate against. However, Defra said it should be noted that the highly prescriptive requirements of Chapter IV manifestly provide plenty to achieve and enforce without, as an industry respondent pointed out, the added complexity of BAT assessments for what by definition are small plants.

Following the consultation the Regulations laid before Parliament will remain as drafted for England. However, given the strength of the feeling in consultation responses, the Welsh Government said that the BAT requirement will remain for installations in Wales.

Regulations

Defra said the draft amended Regulations, which were modified in light of the consultation responses, were laid before Parliament and the National Assembly for Wales in December 2012. The guidance is expected to be finalised in early 2013.