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Polluting industrial and agricultural activities are governed by the 3000 headings of the ICPE nomenclature, known as IED headings. Authorization conditions for these activities must take into account the best available techniques (BAT). The IED review enables these conditions to be updated, if necessary, in the light of developments in best available techniques. Here we take a look at the IED review dossier, a key element in the review procedure.
Who is concerned and when?
Operators of IED activities falling under headings 3000 of the ICPE nomenclature:
- when the "Conclusions on BAT" concerning its main IED heading are published in the European Official Journal;
- if none of the conclusions on best available techniques is applicable, when developments in best available techniques enable emissions to be reduced significantly
- in the event of pollution requiring new ELVs ;
- when operational safety requires other techniques;
- in the event of a new or revised environmental quality standard (EQS).
How long does it take to complete or compile an IED review file?
In the first case listed above, the operator must submit his IED review dossier within 12 months of publication in the European Official Journal of the "Conclusions on BAT" concerning his main IED heading.
Note: for livestock farms, this period can be extended to 24 months.
In other cases, the prefect sets a deadline by decree, which may not exceed 12 months.
For what perimeter?
The installations to be taken into account are those corresponding to the "IED perimeter", i.e. :
- installations classified under headings 3000,
- related facilities, i.e. :
- directly related to it (which would not exist without the FDI activity),
- on the same site,
- technically linked (related to the purpose of the FDI process and material flows, but not necessarily technically connected)
- and likely to have an impact on emissions and pollution.
Downstream processes are considered related if they are integrated into the IED process (no load break).
Examples of related installations include a combustion plant supplying heat or electricity, a wastewater treatment plant, ...
Contents of the IED review file
File elements
1) Updated information on BAT and, where appropriate, an assessment justifying that compliance with emission limit values (ELVs) would lead to a disproportionate increase in costs compared with the environmental benefits.
2) Operator's opinion on the need to update requirements in the event of :
- pollution requiring new ELVs ;
- operating safety requiring other techniques ;
- new or revised environmental quality standard (EQS).
3) At the request of the Prefect, any other information required (results of emission monitoring, other data enabling comparison of plant operation with BAT and associated emission levels).
Note: the guide to simplifying the review, drawn up by the French Ministry of Ecological Transition and Solidarity, describes the standard content of the IED review file.
Consideration of BAT
A comparison with all the BATs applicable to the plant must be made in the IED review dossier, i.e. :
- to the main BATs
- where applicable, to secondary BAT (whether or not described in conclusions) until such time as the review is concluded,
- possibly BAT from other sources (*), where the activity is not covered by any of the BAT conclusions or where these do not take account of all environmental impacts.
(*) provided it meets the criteria of the Order of May 2, 2013 on the definitions, list and criteria of the IED Directive.
BREFs in the pipeline
It is recommended to take into consideration the final draft versions of BREFs that may have already been published by the European Commission at the time of submission of the IED review dossier, in order to anticipate future regulatory compliance of facilities.
Consideration of BAT published during appraisal
Where the review dossier has not yet been completed, in the event of publication of conclusions on secondary BAT applicable to installations within the IED perimeter, the IED review dossier must be repeated and completed in the light of this new BREF for the installations concerned. In this case, installations must be brought into line with the various applicable BATs within 4 years of the publication of the conclusions on "secondary" BATs.
Public participation procedure
Public participation is implemented in the following cases:
- In the event of a periodic review requested by the operator, for which the latter requests a derogation from the emission limit values determined by the BAT conclusions;
During a review initiated by the prefect, if the pollution caused by the facility justifies revision of the emission limit values specified in the prefectoral decree.
The information required to review the conditions of the facility's authorization is then made available to the public.
Examination of the IED review file
The time taken by the inspectorate to examine IED review dossiers depends on their level of completeness and complexity. In all but the most complex cases, the Inspectorate aims to examine the file within 6 months of receipt of a complete dossier.
At the end of the appraisal :
- or the Prefect issues a supplementary order (generally in the most complex cases);
- or it notifies the operator, indicating the applicable ministerial decree(s) and, if necessary, other additional information (reminder of BAT chosen, compliance deadlines, validated IED perimeter, etc.).
Note: additional prefectoral decrees should be issued less frequently from now on, following the publication of ministerial decrees setting out general requirements that take BAT into account.
Conclusion
If you have not yet completed your IED re-examination file, we recommend that you :
- follow the publication of BAT conclusions and associated ministerial orders;
- follow BREFS developments in order to anticipate them as early as possible;
- when compiling the dossier, use the Guide to simplifying the review (see the note in the "Dossier content" section).