Experience of Poland

1. Towards the BAT based permitting
in Poland
Marcin Wiśniewski
Department of Environmental Instruments
Ministry of Climate and Environment
Regional meeting with Eastern Partnership countries
16 November 2020

2. Institutions
Supervising Authority
 Ministry of Climate and Environment
Permitting Authority
 Voivodship Marshal
 Starost
Inspection Authority
 Environmental Protection Inspectorate (Voivodship Inspectorates)
Appeals Authority
 Minister of Climate and Environment (for decisions issued by
voivodship marshals) and appeals boards (for decisions issued by
starosts)

3. 3
Administrative Division

4. Number of the IED installations in PL
403
426
332
540
890
1804
0
200
400
600
800
1000
1200
1400
1600
1800
2000
BAT conclusions published
BAT conclusions not published

5. Number of the IED installations in the EU
5
≈ 4300

6. History of the integrated approach
Single media
permits (air,
water, noise) IPPCD IED
Since 1970 2001/2004 20142010
End of compliance
programs
implementation
• Integrated permits had to be issued
until 2007
• Deadlines differentiated according
to the activity types
Revised IED ?
2022/2023

7. Challenges under the IPPCD
 Shift from the „command and control” approach into a BAT approach
 Significant size of documentation to be prepared (operator) and assessed (CA)
 Required high level of expertise regarding technological processes (CA)
 Proper understanding of the role of BAT
• BREFs being a guidance documents
• Neither prescriptive nor exhaustive character of BATs
 Financing
• Activities in the field of collecting and sharing information about BAT
 Interpretation issues e.g.:
• Determination of the installation boundaries (facility > installation > unit),
• How to determine production/processing capacity
• Differences between activities e.g.:
2.3c: application of protective fused metal coats with an input exceeding 2 t of
crude steel per hour, and
2.6: Surface treatment of metals or plastic materials using an electrolytic or
chemical process where the volume of the treatment vats exceeds 30 m
3

8. Applied measures and activities
• Pilot projects,
• Trainings for administration and industry,
• Guidelines and folders concerning integrated permits,
• Translation of reference documents (BREFs),
• Establishing of Polish Technical Working Groups
• Polish IPPC website,
• Registration fee
Registration fee = B x Wr / Wp however not higher than 12 000 EUR
Where
B – base-fee rate for each activity type (defined in the Regulation)
Wr - parameter chractreising maximum scale of the activity (deifined by the opertors)
Wp - parameter charcterising average scale of the activity (defined in the Regulation)

9. Industrial emissions Directive (IED)
Changes introduced by the IED:
 New activities e.g. WBP or IWWTP
 Improved identification of BAT
 BAT conclusions on the key environmental issues
 Quantification of BAT performance, especially via BAT-AELs
 Also address prevention of emissions at source by using process-
integrated techniques
 Stricter ELVs for LCP, WI, VOC and TiO2, since 2016
 Additional elements of the permit e.g. baseline reports

10. Challenges under the IED
 Active involvement into the BREFs revision/elaboration process
 Activation of the industry and competent authorities
 Data collection
 Meaningful contribution to Sevilla Process

11. Challenges with permitting under the IED
 Implementation of the BAT conclusions,
 How to translate the BATc into the permit conditions,
 How to properly set the ELVs (based on BAT),
 How to asses if the art. 15.4 derogation is sufficiently justified,
 Compliance check criteria for the ELVs,
 Measurement uncertainty.

12. Implementation of the BAT conclusions
 No transposition of the BATc into national law
 No general binding rules
 The BATc applies directly using a framework given in the national
legislation
Instead
 National guidance documents produced to almost each
Implementing Decision
 Meetings with the competent authorities (usually the most relevant
for a given sector)

13. How to translate the BATc into the permit
conditions
Publication of decision on BAT Conclusions
Start up of the analysis
Results of the analysis
Full compliance Permit needs to
be updated
Announcement
RAI
Reconsideration of
previously granted
derogations
Information for the
operator
Request to submit an application for
updating the permit conditions
6m
4years
Competentauthorities

14. Elaboration of application
Submission of an application
Is 15.4 needed ?
Request to submit an application for
updating the permit conditions
For how long ?
Granting a permit
Compliance with the BAT
Conclusions
Lack of an application
Limitation of the permit by
law
12m
4yearsafterpublicationofBATConclusions

15. How to properly set the ELVs (based on BAT)
 In national legislation the BAT AELs are defined as the highest
value from the AELs range - what doesn’t mean that upper end of
the range needs to be applied
because:
 The obligation that permit needs to be always based on BAT
 The emission limit set out in the permit results from the techniques
installed – but cannot be higher than the upper end of the BAT
AELs
 Still one of the biggest challenges – which value from the range
fits best
 In addition the environmental quality standards can not be
breached

16. How to assess if derogation is sufficiently justified
 Derogation from BAT-AELs is only allowed in specific and justified cases:
 costs are disproportionately higher than benefits due to
local / installation-specific situation – IED Article 15(4)
 without jeopardy to Environmental Quality Standards
 not exceed the ELVs in the IED Annexes
Guidance document available at: https://ekoportal.gov.pl/pozwolenia-
zintegrowane/poradniki-branzowe
16
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𝑶𝒕
𝟏 + 𝒓 𝒕
−
𝒕=𝟎
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Sum of discounted
financial expenditures
(CAPEX+OPEX)
Sum of discounted
environmental benefits

17. 17
Compliance check criteria
Basic assumption that BAT AELs will replace IED Annex V ELVs was not
accurate because:
 The BAT AELs (where CEMS is used) refer usually to daily and yearly
averages
 No directly defined averaging periods for the Annex V ELVs
 Compliance check based on specific rules from the IED (Annex V Part
4):
 no validated monthly average value exceeds the relevant emission
limit values set out in Parts 1 and 2;
 no validated daily average value exceeds 110 % of the relevant
emission limit values set out in Parts 1 and 2;
 95 % of all the validated hour average values over the year do not
exceed 200 % of the relevant emission limit values set out in Parts
1 and 2.
 Therefore compliance with the BAT AELs is verified differently than with
the IED Annex V ELVs - without paying attention to hourly averages;

18. Mv 90 110 120
Rv Sv Rv Sv Rv Sv Max
A 20% MV 72 18 88 22 96 24 125
B 20% ELV 70 20 90 20 100 20 120
C 20% MV
lub 20%
ELV gdy
niższy od
MV
72 18 90 20 100 20 120
D SD 85,5 4,5 104,5 5,5 114 6 105,
26
NOx – ELV = 100 mg/Nm3
Mv – measured value, Rv – reported value, ELV – Subtracted value, SD – Standard deviation
Measurement uncertainty

19. Thank you