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Definition of Industrial Scales
in the IPPC Directive

• Scope, Exceptions and Examples

Jan Slavík, IPPC Unit - MoE of Czech
Republic Workshop on the Directive 96/61/EC
(2008/1/EC)
concerning Integrated Pollution Prevention and
Control (IPPC) Ankara, 05-06 November 2009
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Content

• Background sources
• Exemptions
• Installation
• Definition of installation and associated
  activities
• Stationarity
• Site
• Capacity of installation
• Annex I the most problematic areas
• 1. Energy industries
• Capacity of combustion installations
• 2. Production and processing of metals

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Content
3. Mineral industry Capacity 4. Chemical
industry Industrial scale Chemical
processing Basic chemicals 5. Waste
management End of life products 6. Other
activities Treatment or processing intended for
the production of food products (Capacity -
Average value on quarterly bases,
packaging) Intensive rearing (Capacity, Adding of
sub-headings) Organic solvents - consumption
capacity
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Background sources

• Directive 2008/1/EC concerning integrated
  pollution prevention and control (IPPC)
• Communication from The Commission COM(2003) 354
  final On the Road to Sustainable
  Production
• Guidance on Interpretation and Implementation of
  IPPC Directive
• Guidance on Interpretation and Determination of
  Capacity under IPPC Directive
• Guidance on Interpretation of Installation and
  Operator for Purpose of the IPPC Directive
• Relevant studies
• Experience of the Ministry of Environment of the
  Czech Republic in
  implementing IPPC

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Exemptions not covered by IPPCD

• Radioactive substances and genetically modified
  organisms art. 2 (1)
• Exempted from the definition of substance and
  subsequently it is not covered
  by the terms pollution
  or emission within the IPPCD.
• Cannot be regulated by the IPPC permit.
• Subject of separate EU legislation.
• Production of arms, munitions and war material
  art. 296 of the Treaty
• The Treaty allows to exclude these types of
  activities.
• Not mentioned directly in IPPCD.
• COM Guidance Exemptions only from certain
  provisions of IPPCD
  (public participation
  and access to information).
• The production of explosives in general is
  covered.
• Research, development and testing of new products
  and processes annex I

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Installation

• installation means a stationary technical unit
  where one or more activities listed
  in Annex I are carried out, and any other
  directly associated activities
  which have a technical connection with the
  activities carried out on that site
  and which could have an effect on emissions
  and pollution art. 2 (3)
• Installation is stationary.
• Installation is technical unit in very general
  sense entity, which allow to carry out
  industrial activity listed in Annex I in a
  controlled way by an operator
• Activity listed in Annex I is carried out.
• Directly associated activities (DAA) are covered.

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Installation stacionarity

• installation means a stationary technical unit
  where one or more activities listed
  in Annex I are carried out, and any other
  directly associated activities which have a
  technical connection with the activities carried
  out on that site and which could have an effect
  on emissions and pollution art. 2 (3)
• Transport of material within the site of the
  installation is covered by the IPPCD
• Mobile plants and technologies are covered if
• It is operated in the same location for
  significant period of time.
• It can be operated only as a part of or together
  with a stationary technology
  (for legal or technical reasons).
• Typical technology Special waste treatment
  units (incineration, remediation)
• It can be carried out only on a permitted
  site with appropriate measures regarding
  water protection and waste storage, the
  treatment technology is mobile.
• Activity is limited to site stationary unit

Storage of processed product
Waste storage
Pre-treatment
Waste treatment site
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Installation - Directly associated activities
(DAA)

• installation means a stationary technical unit
  where one or more activities listed
  in Annex I are carried out, and any other
  directly associated activities
  which have a technical connection with the
  activities carried out on that site
  and which could have an effect on emissions
  and pollution art. 2 (3)
• Directly associated activities (DAA) are covered
  by IPPC requirements.
• Directly associated - Annex I activity cannot be
  perform without it.
• DAA is technically connected by process or
  material flow (physical link/transport by mobile
  machinery within site) and it is operated on the
  same site.
• DAA are carried out on the same site as Annex I
  activity.
• DAA has effect on emissions and pollution
• by directly associated activity itself,
• by affecting the performance of Annex I activity,
• by possible accidents or spillages,
• potential effects are taken into account.
• Typical DAAs - Combustion units (under 50 MW).

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Installation site

• installation means a stationary technical unit
  where one or more activities listed
  in Annex I are carried out, and any other
  directly associated activities
  which have a technical connection with the
  activities carried out on that site
  and which could have an effect on emissions
  and pollution art. 2 (3)
• permit means that part or the whole of a
  written decision (or several such decisions)
  granting authorisation to operate all or part of
  an installation, subject to certain conditions
  which guarantee that the installation complies
  with the requirements of this
  Directive. A permit may cover one or more
  installations or parts of installations on the
  same site operated by the same operator art. 2
  (9)
• The threshold values given below generally refer
  to production capacities or outputs. Where one
  operator carries out several activities falling
  under the same subheading in the same
  installation or on the same site, the capacities
  of such activities are added together Annex I (2)
• There is no definition of site in the IPPCD.
• Depends on the judgement of competent authority.
• Some of the criteria
• Geographical location.
• Strict connection between an installation and a
  site.
• Fenced area around an installation.
• Area under ownership or control of an operator.
• Criteria can be applied separately or together.

Site
Plant 1
Plant 2
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Capacity of Installation

• The threshold values given below generally refer
  to production capacities or outputs. Where one
  operator carries out several activities falling
  under the same subheading in the same
  installation or on the same site, the capacities
  of such activities are added together. Annex I
  (2)
• The only technically coherent meaning of
  capacity is, therefore, the capacity
  at which the installation is capable of being
  operated. COM(2003) 354 final
• Technical restriction of capacity
• All production steps have to be taken into
  account (the performance of IPPC technology can
  be reduced by lower capacity of previous of
  following production steps)

Example Hypothetical Annex I activity Activity
with threshold production of 20
tonnes per day The threshold is relevant to
technology 2. All output from technology 2 have
to be processed by
technology 3. Installation cannot produce over
15 tonnes per day due to
limited capacity of technology 3
under threshold in Annex I.
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Capacity of Installation

• Legal restriction of capacity
• Technically it is possible to operate an
  installation on capacity over threshold values.
• General limitation
• It cannot be done in reality due to legal
  restrictions such as noise regulation
  (e.g. installation can operate only in
  certain time), laws regarding working hours
  (conditions for operating personnel).
• Limitation for specific installation
• Restriction by an administrative decision, which
  sets the maximum capacity
  of installation (technically can be operated on
  higher capacity).
• Operator have to demonstrate by monitoring and
  reporting compliance
  with the restriction.

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Annex I - Energy industries

• 1. Energy industries
• 1.1. Combustion installations with a rated
  thermal input exceeding 50 MW.
• 1.2. Mineral oil and gas refineries.
• 1.3. Coke ovens.
• 1.4. Coal gasification and liquefaction plants.
• Capacity of combustion installations Cat. 1.1.
• Rated thermal input is a specific technical
  expression analogous to capacity,

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Annex I - Production and processing of metals

• 2. Production and processing of metals
• 2.1. Metal ore (including sulphide ore) roasting
  or sintering installations.
• 2.2. Installations for the production of pig iron
  or steel (primary or secondary fusion) including
  continuous casting, with a capacity exceeding 2,5
  tonnes per hour.
• 2.3. Installations for the processing of ferrous
  metals
• hot-rolling mills with a capacity exceeding 20
  tonnes of crude steel per hour
• smitheries with hammers the energy of which
  exceeds 50 kilojoules per hammer, where the
  calorific power used exceeds 20 MW
• application of protective fused metal coats with
  an input exceeding 2 tonnes of crude steel per
  hour.
• 2.4. Ferrous metal foundries with a production
  capacity exceeding 20 tonnes per day.
• 2.5. Installations
• for the production of non-ferrous crude metals
  from ore, concentrates or secondary raw materials
  by metallurgical, chemical or electrolytic
  processes
• for the smelting, including the alloyage, of
  non-ferrous metals, including recovered products,
  (refining, foundry casting, etc.) with a melting
  capacity exceeding 4 tonnes per day for lead and
  cadmium or 20 tonnes per day for all other
  metals.
• 2.6. Installations for surface treatment of
  metals and plastic materials using an
  electrolytic or chemical process where the volume
  of the treatment vats exceeds 30 m3.

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Annex I - Production and processing of metals

• Production capacity of ferrous metal foundries
  Cat. 2.4.
• 2 different approaches in implementation
• Production capacity - production of good
  castings.
• Good castings are the castings after removal of
  feeders and gate system, finishing and quality
  control. These good castings are finished
  products.
•  
• Production capacity production of raw castings.
  
• Raw castings are half products and do not
  determine the final output of the foundry. More
  related to environmental impact (moulding and
  casting processes are more relevant than
  finishing operations).
• Volume of the treatment vats for surface
  treatment Cat. 2.6.
• Volume for comparison with threshold is
  aggregated of vats for soak clean, pickling,
  degreasing, acid dip, passivation and rinsing
  (process steps involve alteration of the surface
  as a result of an electrolytic or chemical
  process).
• Vats for non-electrolytic, non-chemical surface
  treatments such as ultrasound, grit blasting,
  water blasting and annealing are not aggregated.
• Vats for non-electrolytic, non-chemical surface
  treatments should be regarded as directly
  associated activity and covered by the permit.

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Annex I Mineral industry

• 3. Mineral industry
• 3.1. Installations for the production of cement
  clinker in rotary kilns with a production
  capacity exceeding 500 tonnes per day or lime in
  rotary kilns with a production capacity exceeding
  50 tonnes per day or in other furnaces with a
  production capacity exceeding 50 tonnes per day.
• 3.2. Installations for the production of asbestos
  and the manufacture of asbestos-based products.
• 3.3. Installations for the manufacture of glass
  including glass fibre with a melting capacity
  exceeding 20 tonnes per day.
• 3.4. Installations for melting mineral substances
  including the production of mineral fibres with a
  melting capacity exceeding 20 tonnes per day.
• 3.5. Installations for the manufacture of ceramic
  products by firing, in particular roofing tiles,
  bricks, refractory bricks, tiles, stoneware or
  porcelain, with a production capacity exceeding
  75 tonnes per day, and/or with a kiln capacity
  exceeding 4 m3 and with a setting
  density per kiln exceeding 300 kg/m3.

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Annex I Mineral industry

• Installations for the manufacture of ceramic
  products () with a production capacity exceeding
  75 tonnes per day, and/or with a kiln capacity
  exceeding 4 m3 and with a setting density per
  kiln exceeding 300 kg/m3. Cat. 3.5.
• Applied within EU in different way
• only the production capacity criterion,
• only the kiln capacity and kiln setting density
  criteria,
• both criteria separately, i.e. if a plant falls
  under either point, it is considered included
  (most inclusive interpretation),
• both criteria together, i.e. a plant has to
  qualify on all points to be included
  (most exclusive interpretation).
• Interpretation is left on discretion of Member
  States.
• Possibility to utilise synergy with Regulation
  166/2006 (E-PRTR) where is same activity in Annex
  I activity 3 (g) only with or ( inclusive
  approach)
• Installations for the manufacture of ceramic
  products by firing, in particular roofing tiles,
  bricks, refractory bricks, tiles, stoneware or
  porcelain with a production capacity of 75 tonnes
  per day, or with a kiln capacity of 4 m3 and with
  a setting density per kiln of 300 kg/m3

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Annex I Chemical industry

• 4. Chemical industry
• Production within the meaning of the categories
  of activities contained in this section means the
  production on an industrial scale by chemical
  processing of substances or groups of substances
  listed in points 4.1 to 4.6.
• 4.1. Chemical installations for the production of
  basic organic chemicals, such as
• ()
• oxygen-containing hydrocarbons such as alcohols,
  aldehydes, ketones, carboxylic acids, esters,
  acetates, ethers, peroxides, epoxy resins
• ()
• basic plastic materials (polymers, synthetic
  fibres and cellulose-based fibres)
• ()
• 4.2. Chemical installations for the production of
  basic inorganic chemicals, such as
• gases, such as ammonia, chlorine or hydrogen
  chloride, fluorine or hydrogen fluoride, carbon
  oxides, sulphur compounds, nitrogen oxides,
  hydrogen, sulphur dioxide, carbonyl chloride
• ()
• 4.3. Chemical installations for the production of
  phosphorous-, nitrogen- or potassium-based
  fertilisers (simple or compound fertilisers).
• 4.4. Chemical installations for the production of
  basic plant health products and of biocides.

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Annex I Chemical industry

• No threshold values are applied.
• General limitation in the chapeau of section 4
  production on an industrial scale by chemical
  processing
• Production on industrial scale Cat. 4
• Output is in relevant quantities
• In case of highly specialized product - relevant
  quantities may mean very small amount.
• Activity is carried out for commercial purposes
• Commercial purposes may be taken generally to
  imply that activity is being undertaken
  principally as professional business activity.
• Production is on industrial scale, even
  if a material is intermediate product
  
  and therefore not itself traded.
  

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Annex I Chemical industry

• Production by chemical processing Cat. 4
• Chemical processing - transformation by one or
  several chemical reactions takes place during the
  production process.
• Physical processing is not covered (blending or
  mixing of substances which do
  not chemically react, dewatering, dilution,
  repackaging of acids/bases)
• Section 4 covers only "chemical installations"
• Certain industrial activities include some
  chemical reactions, but they cannot be considered
  to be chemical installation (repairing, building)
  they are not covered.
• Examples Mixing of two or more chemical
  substances to produce third one which is then
  immediately sprayed or painted onto surface.
• Two-component adhesive reacts to provide the
  actual adhesive material.

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Annex I Chemical industry

• Production of basic chemicals Cat. 4
• COM Guidance The term "basic" should be
  interpreted in a wide sense.
• Basic chemicals are not only chemicals requiring
  further processing in the
  meaning of chemical production
• Example Production of instance synthetic
  rubbers, dyes and pigments, polymers synthetic
  fibres.
• Production of certain fuels such as biodiesel
  (esters), bio-ethanol (alcohol)
• Final products of some form of chemical
  processing, which can not be considered as
  chemical products, are not covered
• Example Production of tyres from rubber with
  other ingredients such as carbon black,
  sulphur and textile by vulcanization

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Annex I Waste management

• 5. Waste management
• Without prejudice to Article 11 of Directive
  2006/12/EC or Article 3 of Council Directive
  91/689/EEC of 12 December 1991 on hazardous
  waste
• 5.1. Installations for the disposal or recovery
  of hazardous waste as defined in the list
  referred to in Article 1(4) of Directive
  91/689/EEC, as defined in Annexes II A and II B
  (operations R1, R5, R6, R8 and R9) to Directive
  2006/12/EC and in Council Directive 75/439/EEC of
  16 June 1975 on the disposal of waste oils (2),
  with a capacity exceeding 10 tonnes per day.
• 5.2. Installations for the incineration of
  municipal waste (household waste and similar
  commercial, industrial and institutional wastes)
  with a capacity exceeding 3 tonnes per hour.
• 5.3. Installations for the disposal of
  non-hazardous waste as defined in Annex II A to
  Directive 2006/12/EC under headings D8 and D9,
  with a capacity exceeding 50 tonnes per day.
• 5.4. Landfills receiving more than 10 tonnes per
  day or with a total capacity exceeding
  25 000 tonnes, excluding landfills of inert
  waste.
• End of life products Cat. 5
• IPPCD does not in principle cover dismantling of
  end of life products (usually R3, R4). However,
  attention has to be given to disposal and
  recovery operations potentially covered by the
  IPPC Directive that take place in the same
  installation.

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Annex I Other activities 1

• 6. Other activities
• 6.1. Industrial plants for the production of
• pulp from timber or other fibrous materials
• paper and cardboard with a production capacity
  exceeding 20 tonnes per day.
• 6.2. Plants for the pre-treatment (operations
  such as washing, bleaching, mercerisation)
  or dyeing of fibres or textiles where the
  treatment capacity exceeds 10 tonnes per day.
• 6.3. Plants for the tanning of hides and skins
  where the treatment capacity exceeds 12 tonnes of
  finished products per day.
• 6.4.
• a) Slaughterhouses with a carcase production
  capacity greater than 50 tonnes per day.
• b) Treatment and processing intended for the
  production of food products from
• - animal raw materials (other than
  milk) with a finished product production
  capacity greater than 75 tonnes per day,
• - vegetable raw materials with a finished
  product production capacity greater than 300
  tonnes per day (average value on a quarterly
  basis).

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Annex I Other activities 1

• Treatment and processing intended for the
  production of food products from animal and
  vegetable raw materials Cat. 6.4. a) and b)
• raw materials - any materials, processed or not,
  used as input into the overall industrial
  process.
• Mixed production from both animal and vegetable
  materials
• Different approach within EU.
• In case of very few of animal raw material
  threshold for vegetable materials is applied
  (300 t/day).
• CZ approach any amount of animal raw material
  in mixture threshold for animal
  materials is applied (75 t/day).
• The quantities of animal and vegetable raw
  materials are considered separately.
• Treatment and processing intended for the
  production of food products from vegetable raw
  materials with a finished product production
  capacity greater than 300 tonnes per day
  (average value on a quarterly basis) Cat. 6.4. b)
• Average value on a quarterly basis the highest
  production in the sequential period of 91 days.

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Annex I Other activities 2

• 6. Other activities
• 6.5. Installations for the disposal or recycling
  of animal carcases and animal waste with a
  treatment capacity exceeding 10 tonnes per day.
• 6.6. Installations for the intensive rearing of
  poultry or pigs with more than
• 40 000 places for poultry
• 2 000 places for production pigs (over 30 kg)
  or
• 750 places for sows.
• 6.7. Installations for the surface treatment of
  substances, objects or products using organic
  solvents, in particular for dressing, printing,
  coating, degreasing, waterproofing, sizing,
  painting, cleaning or impregnating, with a
  consumption capacity of more than 150 kg per hour
  or more than 200 tonnes per year.
• 6.8. Installations for the production of carbon
  (hard-burnt coal) or electrographite by means of
  incineration or graphitisation.

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Annex I Other activities

• Installations for the intensive rearing
  capacity Cat. 6.6.
• In determination of capacity animal welfare
  legislation have to be taken into account (legal
  restriction of capacity).
• Capacities in a), b) and c) are intended to be
  used separately.
• Installations for the surface treatment using
  organic solvents - consumption capacity Cat. 6.7.
• Technical restriction of the installation have
  to be taken into account (the capacity of drying
  and curing ovens the capacity of ancillary
  equipment the technical characteristics of the
  manufacturing operations, non-productive
  machine-time needed for activities such as
  make-ready and maintenance)
• The consumption capacity for organic solvents
• X Y Z/100 kg of solvent per year
• X number of products per year
• Y kg of varnish for one product
• Z maximum solvent content in varnish in

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Thank you for your attention!

• More information on IPPCD scope
• Web page of European Comission
• http//ec.europa.eu/environment/air/pollutants/sta
  tionary/ippc/key_impl.htm
• Archive of relevant studies on CIRCA
• http//circa.europa.eu/Public/irc/env/ippc_rev/lib
  rary
• Contact Jan Slavik
• Ministry of Environment of Czech Republic
• IPPC Unit
• Vršovická 65 100 10 Praha 10

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