Before Christmas, the European Commission published a package of proposals aimed at improving quality of Europe’s air,despite concern from across industry. Simon Trahair-Davies of Stephens Scown LLP sets out the proposals with particular reference to a proposal, as part of that package, to introduce a directive on emissions from medium combustion plants. On the 18 December 2013, the European Commission published its Clean Air P
Before Christmas, the European Commission published a package of proposals aimed at improving quality of Europe’s air,despite concern from across industry. Simon Trahair-Davies of Stephens Scown LLP sets out the proposals with particular reference to a proposal, as part of that package, to introduce a directive on emissions from medium combustion plants.
On the 18 December 2013, the European Commission published its Clean Air Policy Package, a set of proposals for improving air quality. The package included:
1. The Commission’s strategy for reducing air pollution – the Clean Air Programme for Europe. This will set out new air quality objectives for reducing health and environmental impacts from air pollution for the period up to 2030;
2. A revised draft directive on national emission ceilings which will contain updated national caps for six key air pollutants, for 2020 and 2030;
3. A draft directive for medium-sized combustion plants between 1 and 50MWth;
4. A proposal to ratify the amended Gothenburg protocol relating to long-range trans-boundary air pollution.
Why introduce the proposals?
The European Commission wanted 2013 to be ‘the year of air’, and the package is the culmination of a major review of air quality policy that commenced in 2011.
The Commission is quite clear on the damage air pollution does to the European environment and the health of its people. Its press release makes the point that poor air quality is the number one environmental cause of premature death in the EU. The Commission estimates that air pollution is costing society around €23 billion per year, with the potential benefits to people’s health from implementing the package at about €40 billion a year. The Commission also estimates that the cost of pollution abatement will be €3.4 billion per year in 2030, 12 times less than the annual health benefits the new measures should bring.
The proposals are not without their critics however. Before the package was published the Industrial Emissions Alliance (including mining association Euromines) issued a joint statement saying that they were deeply concerned about the proposals. In particular concern was expressed about the proposed level of ambition for emission reduction targets and the target year.
What is the detail of the new proposed directives?
The existing National Emissions Ceilings Directive 2001 sets emission limits on the maximum amount each Member State can emit of a range of air pollutants. Among other things the new directive will provide for:
1. New national emission reduction commitments for 2030;
2. A requirement by 2025 that member states’ annual emissions to be within the linear reduction trajectory to 2030.
The pollutants that will be subject to the terms of the directive will be those covered by the existing directive (sulphur dioxide, nitrogen oxides, volatile organic compounds and ammonia) and two new ones fine particulate matter (PM 2.5 or black carbon) and methane.
Member states will have to prepare and enforce national air pollution control programmes (NAPCPs), which will lay out how the member state will meet its emission reduction targets.
Aggregates producers may also be particularly interested in the draft Medium Combustion Plants Directive.
This will apply to combustion plants with a rated of thermal input of between 1 and 50 megawatts, such as plants providing heat or steam for small industrial installation. According to the Commission there are some 142,986 of these across the EU. The Commission decided that, following a review of their policy, there was a gap in EU legislation for such plants. The directive is meant to close this gap and make significant contributions to reductions in air pollution by setting limit values for new and existing installation.
The directive will include:
1. A new registration scheme for medium combustion plants;
2. A requirement that such plants must comply with emission limit values for sulphur dioxide, nitrogen oxide and particulates.
While new combustion plants will have to comply with the emission limit values, from the start of their operation, existing combustion plants with a rated thermal input over 5 megawatts will have to comply with emission limit values from 1 January 2025. For those plants with a rated thermal of 5 megawatts or less the deadline for compliance is 1 January 2030.
There will be some derogation on these requirements:
(a) For plants that operate less than 500 hours per year;
(b) In respect of some plants using low sulphur fuel.
On the flip side, combustion plants in areas that do not comply with air quality limit values will be subject to stricter emission limit values.
On top of this particular directive, the Commission is proposing that it will shortly revise the Non-Road Mobile Machinery Directive 1997 (covering equipment such as bulldozers) to ensure maximum benefits for air pollution.
When will this come in?
The package now needs to be presented to the European Parliament and Council and it could be some years before these draft legislation proposals come into force. Once it does the target dates as in the various pieces of legislation will become active.
Simon Trahair-Davies is a Partner in the mining and minerals team at Stephens Scown LLP in the UK. The firm has more than 70 years’ experience representing mining and minerals clients and its specialist team has recently been recognised once again by independent guides to the law Legal 500 and Chambers.
Simon can be contacted on +44 (0)1872 265100 or email . For more information visit
