Experience of Derogations from IED BAT-AEL’s

Project description and aims

Article 15 paragraphs 4 & 5 of the Industrial Emissions Directive 2010/75/EU (IED) allow IMPEL´Members to determine that in certain circumstances a less strict Emission Limit Value (ELV) than the BAT-AEL may be set in a permit.Member States are developing their own proposals for implementation which will subsequently be reviewed by the Commission. The Commission has not published guidance on how the determination should be carried out. This could lead to varying interpretations across IMPEL Member Countries. This project will aim to identify good practise and help regulators in IMPEL to develop a more consistent approach to IED derogations.

Phase I: Sharing of draft proposals between Member States for implementing derogations from BAT-AELs under Article 15 paragraphs (4) and (5) of the IED

In October 2013 the European Network of the Heads of Environment Protection Agencies Better Regulation Interest Group met with senior representatives from the IMPEL Network. One of the items discussed was a small survey carried out across the IMPEL network on how derogations under Article 15 of the IED might be used in various Member States.
The results of the survey had suggested that it might be useful to:

• work together to better understand the basis on which a derogation would be justified, specifically in regard to disproportionate cost
• to share and possibly develop common tools or approaches

Phase I builds on this work and brought together IMPEL competent authorities to:

• Share how the Article 15(4) and 15(5) derogation provisions may be used;
• Share any methodologies being developed for applying Article 15(4) and 15(5);
• Facilitate opportunities for competent authorities to work together and share best practice

Phase II: Experience of Derogations from IED BAT-AELs

This project will:

• Hold a workshop to share best practice in determining requests for IED derogations from BAT-AELs
• Assist regulators determining derogation requests for the other industrial sectors that have published BAT Conclusions: Chlor-alkali Production, Cement, Lime and Magnesium Oxide manufacturing, Pulp and Paper Industry, Pulp and Board, Tanning of Hides and Skins and
  Refining of Mineral Oil and Gas.
• Assist regulators and the Commission in developing BAT-AELS for the other sectors that have not yet had BAT Conclusions published.