Legal Register | Administration Area

Reference: 2008/1/EC

Last Update: 07/10/2011

ENVIRONMENTAL PERMITTING: INTEGRATED POLLUTION PREVENTION AND CONTROL

The Integrated Pollution Prevention and Control Directive (consolidated version 2008/1/EC) requires installations in various industry sectors to apply for and operate under permits that aim to protect the environment as a whole.

Industry sectors covered include: combustion activities, refineries, ferrous and non-ferrous metal production and processing, surface treatment, mineral production including glass and ceramics, organic and inorganic chemical production, pharmaceuticals, waste management, paper and food industries. A 2011 amendment has also introduced carbon capture and storage to the sectors covered.

The Directive is implemented through the Environmental Permitting (England and Wales) Regulations 2010. Schedule 1 to the regulations outlines activities covered by the regime.

Those obligated must make a ‘Duly Made’ (on time, with the correct fee and containing all necessary information) application to the appropriate Regulator.

Existing installations were required to apply for a permit dependent upon their activity, in accordance with a sector specific transitional timetable from 1st December 2000 to 31st March 2007. New installations must obtain a permit before operations commence.

In their applications, companies are required to show how they comply with sector specific Best Available Techniques (BAT) for the protection for the environment in their operations and justify any deviation from them. They are also required to disclose other general information about environmental performance such as: emissions, raw materials use, waste generation, energy use, preparedness for accidents and decommissioning. Applicants are also required to submit a report detailing the existing condition of the land with their applications.

Once the application has been made, it will be determined by the Regulator and a permit issued. The permit will contain conditions which companies are required to comply with during operations. Companies wishing to make changes to their operations or surrender their permit must apply to do so via their regulator and pay the appropriate associated fee.

The European Commission are debating whether to tighten the regime; in particular looking at stricter mandatory emission limits on NOx and SOx from new large combustion plants.

A 2011 amendment implements changes to this section of the Environmental Permitting Regulations 2010 to reflect changes that have been made in respect of carbon capture and storage to Directive 2008/1/EC. ‘Carbon capture and storage’ is introduced into Schedule 1. A Part A (1) permit is required for capturing carbon dioxide streams from an installation for the purposes of geological storage.

The EA has recently produced updated guidance on how to comply with your environmental permit.

Last Update: 23/02/2011

By: Waterman

Applicability

This legislation is applicable to Ardagh's English sites only.

All of Ardagh's sites in England are obligated under Section 3.3, Part A (2) (a) in Part 2 of Schedule 1 of these regulations, for the manufacture of glass, where the melting capacity exceeds 20 tonnes per day.

All of the Ardagh sites are reported to use gas fired furnaces on interruptible supply, with back up fuel oil.

The permit for all of Ardagh's sites covers air quality and the discharge of trade effluent to the foul sewer.

The prescribed substances for each of these sites are:

Particulate matter;
NOx (700 mg/m3 daily limit or 500mg/m3 average annual limit);
SOx (800 mg/m3);
HF; and
HCl

CO is also tightly controlled. All sites use dust bags with lime injection to reduce SOx and particulates from stack emissions. Particulates, NOx and SOx are all measured through the use of continuous monitoring equipment, which meets the MCERTS standard. Other substances are monitored by extractive testing on an annual basis.

The company representative has not reported any issues with the environmental permits at any of Ardagh's sites, with the exception of NOx emissions levels, which are currently monitored at approximately 3000mg/m3, significantly in excess of the limit. It is expected that this will be resolved following issue of the upcoming BREF guidance documents.

The site representative has reported that all sites are continually non-compliant with NOx emissions requirements due to the historic design of the furnaces; however they currently have a derogation for this. Ardagh reportedly plans to redesign the furnaces, altering the burner location to improve gas flow. This should help reduce NOx emissions. Ardagh are awaiting the release of the new BREF (Best Available Techniques Reference) documents, before finalising this redesign. Also under the new BREF, CO will become a prescribed substance. Once these documents are released, Ardagh will have to put a case together, describing how the permit requirements will be met, and agree this case with the relevant Local Authorities.

More detailed information has been provided for the Barnsley site, which comes under A2 (a) of Section 3.3 of Chapter 3, Schedule 1 to the regulations (Permit Ref: IPPC/A2/01 Barnsley Borough Council). The main submissions are listed below (please refer to permit for complete requirements):

Submissions Summary

Parameter	Frequency	Timescale
A1 to A4 Oxides of nitrogen	Quarterly	Within 8 weeks of monitoring
A1 to A5 Particulate matter	Quarterly	Within 8 weeks of monitoring
A1 to A5 Oxides of sulphur	Annually	Within 8 weeks of monitoring
A1 to A5 Stack gas velocity	Annually	Within 8 weeks of monitoring
A1 to A5 Moisture content	Annually	Within 8 weeks of monitoring
A1 to A5 Oxygen content	Annually	Within 8 weeks of monitoring
A1 to A5 Stack temperature	Annually	Within 8 weeks of monitoring
A1 to A5 Group 1 metals	Annually	Within 8 weeks of monitoring
A1 to A5 Group 2 metals	Annually	Within 8 weeks of monitoring

A1 to A18 Chlorides	Annually	Within 8 weeks of monitoring
A6 to A18 Tin	Annually	Within 8 weeks of monitoring
A6 to A18 Organotin	Annually	Within 8 weeks of monitoring
A6 to A18 Particulate matter	Annually	Within 8 weeks of monitoring
Energy Report	Annually	28th February each year

Waste Minimisation Audit

Annually

Within 2 month of completion

The company stated that stack monitoring is continuous and that they are in compliance with all reporting requirements. Improvements listed in the permit have been discharged.

Due to changes in production levels at the Barnsley site over the past few years, the numbers of furnaces on stream has varied. A variation (IPPC/A2/01/V1/07) was submitted by the company in order to bring furnace No.B3 on stream, meaning four furnaces are currently operating simultaneously. Electrostatic precipitator (EP) No.2, which was built for furnace B7, is now used to abate furnaces B6 and B4; furnaces B3 and B1 are abated by EP1. B6 was shut down temporarily in February 2010, but was restarted in the summer of 2010 as a result of increased production demand. Furnace B7 has been mothballed and is unlikely to be restarted. If it is, however, there exists the capacity for B7 to be abated by EP2.

With regards water emissions, the Headlands site has small water treatment plants, although most of the water is recirculated. The Headlands site has an attenuation lagoon, fitted with interceptors, although the site representative has reported that the company does not need a permit under the Water Resources Act for this water system.

The Headlands site also abstracts water from a groundwater borehole; the Wheatley site abstracts from the river.

The Wheatley site monitors the volume of effluent outflow; however they do not measure the COD of the water. The Knottingly site does not monitor effluent as Yorkshire Water take their own samples. Yorkshire Water measure pH, BOD and COD but do not report back on the levels. It is recommended that Ardagh implement their own monitoring system for effluent so that water quality can be monitored.