1. Environmental Legislation – Air

Emissions from Industrial Plants

COUNCIL DIRECTIVE 84/360/EEC was a framework directive, which established certain measures and procedures aimed at controlling and reducing emissions from industrial plants. Under the Directive, proposed industrial developments listed in Annex I had to obtain prior authorisation from designated national or regional authorities. This authorisation is subject to the proposed plant meeting specified requirements regarding air emissions:

• the authorising body must be satisfied that all appropriate measures have been taken against air pollution (including the application of BATNEEC (Best Available Technologies Not Entailing Excessive Costs);

• that the use of the plant will not cause significant air pollution (especially of substances listed in Annex II of the Directive);

• that no emission limit values are exceeded, and that all relevant air quality values are taken into account. [2]

Large Combustion Plants

On 24 November 1988, Member States adopted the Large Combustion Plant Directive 88/609/EEC. This was the first Directive to be adopted under the framework Directive 84/360/EEC. The Directive imposed limits on emissions of sulphur dioxide, nitrogen oxides and dust from existing and new plants with a rated thermal input greater than 50 megawatts. The aim is to achieve a 58% reduction in SO₂ emissions in the EU by 2003 together with a reduction in NO_x emissions. In the case of existing plants, the Directive laid down procedures whereby these emissions could be gradually reduced. By 1 July 1990, Member States were to have established plans for the phased reduction of total annual emissions of SO₂ and NO_x from existing plants. [2]

COUNCIL DIRECTIVE 94/66 EC on the limitation of emissions of sulphur dioxide from large combustion plants amended Directive 88/609/EEC and set limit values for SO₂ emissions from smaller combustion plants using solid fuels, in particular, coal. It established limit values of 2,000 milligrams of SO₂ per cubic metre for some existing facilities and all new facilities with a capacity of between 50 and 100 thermal megawatts. (Ibid.)

The legislations in force (July 2001) for industrial plants and large scale combustion plants are Large Combustion Plants Directive 88/609/EEC, covers emissions of sulphur dioxide, nitrogen oxides and particulates and establishes targets for the reduction of total emissions from each Member State, and Air Pollution from Industrial Plants Directive 84/360/EEC. There is a new proposal Working document ENV/99/112 Proposal for a Directive amending Directive 88/609/EEC. The Directive 84/360/EEC will be replaced by the much broader IPPC Directive (Integrated Pollution Prevention and Control Directive 96/61/EEC) in 2007. [1]

1)
Current LCP directive 88/609/EEC

2)
Proposed new LCP directive, Working document ENV/99/112 Proposal for a Directive amending Directive 88/609/EEC

3)
mg/Nm³,
Nm³ normalised cubic meter of gas at STP