Appendix B3 – Page 17
European Commission: IPPC Implementation Case Study Assessment Report
Case Study Reference: 02/NL/14
Member State: The Netherlands
Sector: LCP (Coal)
Table A.1 Assessment of procedures and conditions set within the IPPC permit
IntroductionOverview description of type of installation/application / The installation is a coal-fired power plant, comprising three units; two units both having an electric and thermal capacity of 540 MWe and 1360 MWth respectively and one unit with an electric capacity of 1100 MWe. Recently, some secondary fuels have been co-incinerated in the power plant.
The plant also contains a gas-fired combined heat and power plant, with an electric capacity of 83 MWe. The latter delivers steam and electricity to a chemical plant nearby. Some additional utilities such as cooling water, demineralised water and process air are also delivered to the chemical plant. The residual gas and a light liquid fraction (waste) of the chemical plant is burnt in the recovery boiler of the CHP.
IPPC-relevant industrial activities (Annex I) include:
· Combustion installations with a rated thermal input exceeding 50 MW (Point 1.1)
· Installations for the disposal or recovery of hazardous waste material (Point 5.1), although co-combustion of these materials is treated under Point 1 (and the BREF Large Combustion Plants)
· Installations for the disposal of animal carcasses and animal waste with a treatment capacity exceeding 10 tonnes per day (Point 6.5), although co-combustion of these materials is treated under Point 1 (and the BREF for Large Combustion Plants).
Compliance with IPPC is discussed in the permit applications:
· Chapter 6.4 of the EIA, which is a part of the revised permit application;
· Part II, chapter 2 of the revised permit application;
· Chapter 6 of the partial revised permit application;
· Chapter 6.5 of the EIA, which is part of the partial revised permit application.
Type of permit/issue date / There are four operative permits for all the activities except for the water discharge:
· Permit issued on 4 December 2002 for a CHP plant (considered to be of minor importance regarding the case study)
· Revised permit, issued on 31 March 2006, for a coal-fired power plant with co-incineration of waste materials, further referred to as the ‘revised permit’;
· Permit issued on 22 December 2006, for burning of waste materials (residual gas and light liquid fraction, produced elsewhere) in the gas fired recovery boiler of the CHP (considered to be of minor importance regarding the case study);
· Permit (partial revised) issued on 26 October 2007 for the expansion of the power plant with a 3rd unit, further referred to as the ‘partial revised permit’.
The (partial) revised permits were submitted as a result of a substantial change:
· co-incineration of waste material which was permitted only temporarily;
· Addition of two DeNOx-units for the treatment of flue gases;
· Addition of a 3rd power plant.
For waste water, the company has three permits establishing the conditions for discharges. All permits are granted for an indefinite period.
Basis of BAT determination / The following sources were used for the determination of the BAT:
· Knowledge and experience (e.g. developments elsewhere) of the competent authorities
· The permit application indicating feasible ELVs
· The BREF for large combustion plants
· Horizontal BREFs such as those for Cooling Systems, Energy Efficiency, Crossmedia Effects, etc.
· General binding rules such as:
o The Dutch Resolution Incineration of Waste materials (Bva)
o The Dutch Emission Guidelines for Air (NeR)
The ELVs as stated in the BREF documents appear to be lower than the ELVs established in the Bva. For each parameter, an ELV which complies with BAT is enforced. If other general binding rules lead to a more stringent ELV, the most stringent ELV is always imposed in the permit. According to the operator, there is a rather strict interpretation of the BREF documents as a basis for setting the ELVs in the permit e.g. emission limits for air are at the lower end of the BAT-associated range (see question 3).
Permit application
Question (1) / To what extent does the information provided by the applicant in relation to Article 6 appear to be comprehensive and accurate?
Statement on the overall completeness and quality of application / Completeness:
The permit applications (together with the EIAs) contain the necessary information in relation to Article 6. The measures upon definitive cessation of activities are fixed into general binding rules (see further Question 20), so this item is not mentioned in the permit applications.
Quality:
Before the application is submitted, the company conducts an intensive dialogue with the CA concerning the elements required in the application document. Based on the opinion of the CA, the application comprises the necessary information due to this preceding dialogue. The quality of this application is considered reasonably good.
Presence of elements required by Article 6 - Applications for permits / Does the application include a description of the following: / Yes / No
Installation and its activities / x
Raw and auxiliary materials, other substances & energy / x
Sources of emissions from the Installation / x
Condition of the site / x
Nature & quantities of emission sources (including identification of significant environmental effects) / x
Proposed technology and other techniques for reducing or preventing emissions from the Installation / x
Measures for prevention and recovery of waste / x
Measures for emissions monitoring / x
The main alternatives / x
Non-technical summary / x
Other measures to comply with Article 3 requirements
· Energy efficiency plan present
· Safety report and prevention measures present
· The measures upon definitive cessation of activities to avoid any pollution risk and return the site of operation to a satisfactory state are not described in the permit application / x
x / x
Permit conditions and permit determination process
Question (2) / Has the Competent Authority taken such steps necessary through the development of the IPPC permit to ensure that installations are operated in a manner commensurate with the requirements of Article 3 (a)-(f) of the Directive?
Assessment of the general principles governing the basic obligations of the operator (Article 3 (a)-(f)) / Overall statement
All Article 3 requirements are covered in the permits.
Pollution prevention measures:
Revised permit:
Chapter I.4.1:
· Measures for treatment of waste materials used in the installations and produced by the installations;
· Measures and procedures for the storage, transport and conditioning of waste materials.
Chapter I.5: Replacement of PCB-containing transformers
Chapter I.6: Maximum level of noise
Chapter I.7: Measures for prevention of soil contamination
Chapter I.11: Monitoring: registration and reporting of relevant emission data
Chapter I.16: Conditions for the organisation of the plant: limited presence of combustible materials, soil protecting zones, emergency exits, fencing, access surveillance
Chapter I.17.10-11: Requirements for good maintenance of waste water treatment systems
Chapter I.18-19: Measures for storage of liquids (reservoirs) and ammonia
Chapter I.25: Requirement to develop a maintenance, control and inspection registration system
Additional measures in the partial revised permit:
Chapter 2: Introduction of an environmental management system, instructions and procedures for employees
Chapter 6: Noise reduction levels
No significant pollution is caused:
Revised permit:
Chapter I.4.2 Acceptance criteria for the waste materials used for co-incineration
Chapter I.10: Survey of transport movements and yearly report to the authorities
Chapter I.17.5-6: ELVs for waste water discarded into the public sewerage system
Chapter I.21: Requirements for monitoring and registration of CO-content and density of flue gas
Additional measures in the partial revised permit:
Chapter 2: Annual reporting to the authorities on the composition of the fuels
Chapter 3: Annual reporting of emission data, avoidance and reporting of odour controls
Chapter 7: Soil survey
Waste avoidance, recovery and disposal:
Revised permit:
Chapter I.4.9: Waste materials have to be collected and treated separately
Chapter I.9: A survey is required for prevention of waste and emissions, followed by reporting to the authorities
Chapter I.17.9: A survey for the reduction of produced waste water has to be performed
Chapter I.17.12: Requirements for the disposal of oil-containing waste water
Energy efficiency:
Revised permit:
There are no measures included on energy efficiency:
· The company signed the Convenant on Benchmarking Energy Efficiency[1]; the efficiency of the plant complies with BAT.
· Because the company takes part in the CO2 emission trading system, no additional measures on energy efficiency are allowed to be enforced (according to Wet milieubeheer art. 8.13a; this is in accordance with the EU ETS Directive 2003/87/EC).
Additional measures in the partial revised permit:
· Chapter 11: Annual reporting on projects and new developments
Accident prevention:
Revised permit:
Chapter I.8: Fire protection measures and accident procedures
Chapter I.12-14: Necessary means, procedures and alarm systems for good control of the process. Measures for maintenance and periodical examination of installations and systems
Chapter I.15: Requirement for the design and the arrangement of safety instruments
Chapter I.17.1-4: Design and control of the sewerage system
Chapter I.20: Measures and procedures for loading and unloading
Chapter I.22-23: Requirements for electrical installations and their safety
Additional measures in the partial revised permit:
Chapter 3: In case of exceeding the ELVs, the company has to take the necessary measures to avoid further exceedances.
Site closure measures:
Revised permit:
Chapter I.1.4: The permit holder is required to take the necessary measures upon definitive cessation of activities to avoid any pollution risk and return the site of operation to a satisfactory state
Chapter I.1.7.2: Performance of a soil survey after cessation of activities
Question (3) / Issues associated with permit determination
Was there suitable dialogue between the operator and the Competent Authority during the permit determination process?
Before the permit application is submitted, the operator presents his plans to both CAs, in order to get an indication of the necessary elements to study in the permit application and the EIA.
During the permit determination process, the procedure required a good dialogue (provision of extra information and answering questions, the operator receives a concept of the permit for comments and feasibility of future permit conditions, etc.).
Outside the permit determination process: every three months, there is a discussion with both CA’s to discuss the main problems and issues of the past period, the evolution of the installation performance and the current issues.
Was co-ordination required between Competent Authorities and how did this process work in practice?
The CAs are obliged to work together during permit development. Before the permit request is submitted, both CAs will discuss the main issues.
Usually, each of the CAs receive a permit request at the same time, each for their relevant themes. Both CAs exchange a concept of the permit and give their comments.
The operator states that there is a good co-ordination and regular contact between both CAs.
What timescale was the permit developed on? Did the development meet the target timescales? If no, why?
The permits are usually developed in a period of 6 months after the submission. If an EIA is included in the permit request, the period is increased to 5 weeks. The permits met the target timescales.
Were there any disagreements between the operator and the Competent Authority during permit development? If so, how were they resolved?
Main disagreements:
· One of the permits was overruled because the permit was not in line with IPPC, so the operator had to submit an adapted EIA and permit request.
· An environmental organisation appealed against the ELVs. The CA asked the operator to make a reasonable estimation of the emissions, taking the local conditions into account
· Because the plant is situated in a large industrial area and future expansion is planned, the CA imposes strict ELVs (at the lower end of the BAT-AELs) for dust, NOx and SO2 for new installations. The operator confirms he has to apply the “best of BAT”, to be in line with the imposed ELVs for the new plant.
· The CA wanted the operator to install a DeNOx system on the existing installations, while the operator was not convinced of the necessity. Because the CA wants the operator to apply BAT, they convinced the operator to install the DeNOx system within a reasonable timescale. The operator remarks that the installation of the DeNOx was necessary to be able to participate to the Dutch NOx trading system.
· According to the CA, the company has to comply with BAT, but taking the technical and economical feasibility into account, they get a reasonable term for the implementation of measures.
Question (4) / Was the process for permit application also undertaken in conjunction with development of an Environmental Impact Assessment.? To what extent were these processes co-ordinated? Was information from the EIA incorporated into the permit application in accordance with Articles 6(2) and 9(2)?
Interaction with the EIA process / The operator performed 3 EIAs: for the existing installation (revised permit), for the CHP-unit and for the new installation (partial revised permit).
The EIAs were attached to the application. Parts of the EIA were also cited in the permit application.
Question (5) / Does the permit contain conditions that are compliant with the requirements as set out in Article 9(3) of the Directive or general binding rules according to Article 9(8)?
Inclusion of ELVs or equivalent parameters or technical measures (Article 9(3)) or reference to GBR (Article 9(8)) / Air:
ELVs established in the permits: see below
Total emission limit values of the revised permit:
· The total emission of CxHy (hydrocarbons) is limited to 10 tonnes/year
· The total emission of NOx is limited to 1820 tonnes/year
· The total emission of dust is limited to 122 tonnes/year
· The total emission of HCl is limited to 108 tonnes/year
· The total emission of HF is limited to 11,8 tonnes/year
· The total emission of SO2 is limited to 3092 tonnes/year
· The total emission of heavy metals is limited to 165 tonnes/year
· The total emission of Cd and Tl is limited to 2,57 tonnes/year
· The total emission of Hg is limited to 70 tonnes/year
Total emission limit values of the partial revised permit:
· The total emission of CxHy is limited to 10 tonnes/year
· The total emission of NOx is limited to 1535 tonnes/year
· The total emission of dust is limited to 71 tonnes/year
· The total emission of HCl is limited to 72 tonnes/year
· The total emission of HF is limited to 10,4 tonnes/year
· The total emission of SO2 is limited to 923 tonnes/year
· The total emission of heavy metals is limited to 114 tonnes/year
· The total emission of Cd and Tl is limited to 1,7 tonnes/year
· The total emission of Hg is limited to 56 tonnes/year
Water:
The ELVs for the discharge of waste water are enforced in a separate permit (WVO).
Chapter I.17.5-6: ELVs for waste water discharged into the public sewerage system
Additional measures in the partial revised permit:
Chapter 8.11: ELVs for waste water discharged into the public sewerage system
Land:
None
Protection of soil and groundwater
· Chapter I.4.1: Measures and procedures for the storage, transport and conditioning of waste materials
· Chapter I.7: Measures for prevention of soil contamination
· Chapter I.18-19: Measures for storage of liquids (reservoirs) and ammonia
Waste
Chapter I.4.9: Waste materials have to be collected and treated separately
Chapter I.9: Survey for prevention of waste and emissions and reporting to the authorities
Chapter I.17.9: A survey for the reduction of waste water produced has to be performed
Chapter I.17.12: Requirements for the disposal of oil-containing waste water
Transboundary considerations
There is no information on potential transboundary effects in the permit.
Further equivalent technical parameters/measures have been set for:
· Measures for limitation of dust emission (chapter I.2.9)
· For the several parameters, an obligation to examine the potential for further emission reduction is enforced. This is called the ‘obligation to minimisation’ and is regulated by the NeR (e.g. 1.1.11, 1.2.21). According to this obligation, the company has to reconsider the feasibility of lowering the emissions for certain parameters every 5 years.
Table A.1b - Permit Emission Limit Value Summary Table