Guidelines for Air Emission Regulation
1. The general principles of the Environmental Protection Act
1.1 Introduction to the BAT principle
The Environmental Protection Act7 is based on the basic principle that the total pollution of the environment should be prevented or limited as far as possible. On the basis of this integrated idea, overall assessment of pollution from an installation is carried out, including air, wastewater and noise pollution. In addition, assessments should take account of the waste created by the installation, and the need to reduce consumption of natural resources and energy. The idea is that environmental problems should not be solved by transferring pollution from the air to water or soil, or vice-versa.
On the basis of this principle, the Environmental Protection Act requires the individual installation to apply the best available techniques (BAT) so that its total pollution becomes as little as possible.
Assessment of the best available techniques should primarily emphasise preventing pollution through the use of cleaner technology. In addition to this, unavoidable pollution should be limited as far as possible through pollution-reducing measures, including the best possible abatement technique.
These principles appear in Part 1 of the Environmental Protection Act and they provide the basis for decisions by the authorities under the Act.
1.2 What are the Best Available Techniques (BAT)?
The expression "best available techniques" means the most advanced activities, processes, and operating methods, and the methods most effective in preventing or limiting pollution from a given sector at the time of assessment.
When installations and authorities decide what the best available techniques are for a specific sector, they do not just think of "technology" in the narrow sense of the word, but also
 | how the installation is constructed, maintained, operated, and eventually shut down, |
| up-to-date methods of production, |
| possibilities for substituting dangerous substances with less dangerous substances, |
| technologies that create the least possible waste, |
| recycling and recovery, |
| exploitation of raw materials, and |
| energy efficiency. |
The technique should have been tested – in Denmark or abroad – at a level appropriate for the relevant sector. Furthermore, there is a requirement that the technique should be technically and financially feasible for the relevant sector.
1.3 Where can you find information on BAT?
The best available techniques are under constant development. This is the whole philosophy behind the concept. When investigating the possibilities for using BAT, considerations should be based on material published by the Danish Environmental Protection Agency.
This may be
| sector-specific statutory orders |
| sector guidelines |
| sector-specific information documents. |
The Danish Environmental Protection Agency has prepared sector-information documents (in Danish) for a number of sectors, which take as their point of departure the pollution problems of specific sectors8, as well as the opportunities for using cleaner technology at installations and for authorities in processing applications under Part 5 of the Environmental Protection Act. The Danish EPA in association with the sector has determined the form and content of the individual sector-specific information documents.
A sector information document will typically contain a general description of the sector and its pollution situation, as well as a review of the technology and methods available to reduce pollution. In some cases the sector information document will contain actual recommendations according to agreements with the sector.
For some sectors, final sector guidelines9 (in Danish) have been prepared. These are systematic reviews of the entire sector stating limit values, etc. which should form the basis for how the authorities process specific installations within the sector.
The Danish EPA has also issued a reference list10 (in Danish) which includes information about reports on cleaner technology that can supplement the material mentioned above.
The European Commission regularly issues "BAT reference documents" for installations marked with an11 (i) in the list of installations requiring an approval to operate. These documents are referred to as "BREFs" below and contain
| general information about the sector, |
| general information about the industrial processes in the relevant sector, |
| data and information about current emission and consumption levels for the relevant sector, obtained from existing installations, |
| the most obvious measures to limit emissions, including the consumption and emission levels which can be obtained through applying these measures, |
| the costs of these measures, |
| cross-media considerations, |
| assessment of the applicability of the measures to new and old, as well as large and small installations, |
| an assessment of the techniques and consumption and emission levels (BAT emission levels) which can generally be considered as BAT so as to provide a reference level to help determine BAT at the individual installation. |
It is important to emphasise that the BREFs do not contain emission limit values, but only emission levels. The Danish EPA will issue information on a regular basis about the application of BREFs by the approving authorities. This information should be the basis for approving and supervisory authorities when laying down requirements for reductions on air pollution from installations marked with an (i). The sections in these Guidelines for Air Emission Regulation on outlet heights, terms for self-inspection, etc. would, however, always apply, even for this type of installation.
Full versions of the BREFs are published on the European IPPC Bureau website at
http://eippcb.jrc.es/
A short extract (executive summary) is published by the European Commission on its website section regarding the IPPC Directive.
http://europa.eu.int/comm/environment/ippc/index.htm
A total of 32 BREFs are planned up to 2003. At the end of 2000, the following eight BREFs were available:
| Reference Document on Best Available Techniques in the Cement and Lime Manufacturing Industries, |
| Reference Document on Best Available Techniques on the Production of Iron and Steel, |
| Reference Document on Best Available Techniques in the Non Ferrous Metals Industries, |
| Reference Document on Best Available Techniques in the Pulp and Paper Industry, |
| Reference Document on Best Available Techniques in the Glass Manufacturing Industry, |
| Reference Document on Best Available Techniques in the Ferrous Metals Processing Industry, |
| Reference Document on Best Available Techniques in the Chloro-Alkali Manufacturing Industries, |
| Reference Document on Best Available Techniques to Industrial Cooling Systems. |
1.4 How to apply the BAT principle when processing a case
The BAT principle should form the basis for all cases under the Environmental Protection Act, i.e. both for issuing approvals and reassessing Listed Installations, and for assessing non-Listed Installations.
When requirements are set for an installation, a specific assessment must be carried out on the basis of the current information on the best available techniques for the relevant sector, taking into account the vulnerability of the surroundings.
As mentioned above, emphasis should primarily be on preventing pollution by using cleaner technology, i.e. first assessments should be of whether:
| the opportunities for efficient use of energy and raw materials have been fully exploited, |
| the opportunities for substituting harmful or suspect substances with less harmful or suspect substances have been fully exploited12, |
| the opportunities for optimising production processes have been fully exploited, e.g. by using closed processes or similar13, |
| generation of waste can be avoided or, where this is not possible, whether opportunities for recycling or recirculation have been fully exploited. |
After this, the extent of necessary purification or abatement measures that should be applied may be assessed, such as
| filters, |
| scrubbers, |
| waste-water treatment, |
| thermic combustion, |
| precipitation equipment. |
Finally, the extent other measures can contribute to limiting pollution may be assessed, such as
| process monitoring, |
| operation journals, |
| layout of tank sites, |
| requirements for collecting spillage, |
| dilution, e.g. stacks or other air outlets, and marine outfalls, |
| sound-absorbing barriers. |
Requirements put on installations by the environmental authorities for pollution limits on the basis of the BAT principle should not normally be set as requirements to use a specific technology, but rather as requirements corresponding to a pollution level which can be achieved only by applying the best available techniques. In principle the installation can decide how requirements are to be met. However, this does not exclude the possibility of setting up very specific requirements for layout and operation when the goal cannot be expressed by limit values.
1.4.1 Approvals for new Listed Installations
When the authority issues an approval to a new installation, the authority should ensure that the installation is laid out and operated in accordance with what is considered best available techniques for the relevant type of installation. This means that, as a principle, new installations cannot use the excuse that the required technology is too expensive for the individual installation. The issue of cost has already been taken into account by deciding what the best available techniques are for the entire sector.
Furthermore, an independent assessment should be carried out of whether the establishment of an installation at a specific site is consistent with the vulnerability of the surroundings. The approving authority can therefore impose particularly stringent requirements when necessary to comply with any environmental quality norms14 for the area. If it is not possible to comply with these requirements, the application will not be granted.
1.4.2 Reassessment of environmental approvals for existing Listed Installations
Reassessment15 of existing Listed Installations should aim at the long-term operation of the installation based on what is considered BAT for the relevant type of installation. Realisable and realistic time limits should be given to the installation to carry out new investment and operational changes in order to bring the installation up to modern standards. It may also be relevant to impose new requirements on the installation, if these are necessary to comply with any environmental quality norms.
If there is both a cleaner-technology solution and end-of-line purification technology, both of which lead to the same environmental result, all else being equal, the cleaner technology solution should be selected. If the time horizons are not the same, for example in cases where end-of-line technology is immediately accessible while cleaner technology will take time to implement, the type and scope of the pollution may be decisive for whether to wait for the cleaner-technology solution.
1.4.3 Regulation of non-Listed Installations
Non-Listed Installations should also be laid out and operated on the basis of best available techniques. When the authority is to assess pollution from a non-Listed Installation, see Section 42 of the Environmental Protection Act, the point of departure should be the same principles as mentioned above in sections 1.4.1 and 1.4.2.
| 7 | See Section 3 (1) of the Environmental Protection Act. |
| 8 | Orientering fra Miljøstyrelsen nr. 3/1993. Brancheorientering for
varmforzinkningsindustrien (hot-galvanizing sector). Orientering fra Miljøstyrelsen nr. 5/1993. Brancheorientering for autoophugningsbranchen (car breakers). Orientering fra Miljøstyrelsen nr. 6/1993. Brancheorientering for galvanoindustrien (galvano sector). Orientering fra Miljøstyrelsen nr. 4/1995. Brancheorientering for asfaltindustrien (asphalt sector). Orientering fra Miljøstyrelsen nr. 6/1995. Brancheorientering for jern- og metalgenvindings virksomheder (iron and metal recovery sector). Orientering fra Miljøstyrelsen nr. 5/1996. Brancheorientering for lak- og farve industrien (enamel and paint sector). Orientering fra Miljøstyrelsen nr. 13/2000. Brancheorientering for autoværksteder (vehicle repair shops). |
| 9 | Vejledning fra Miljøstyrelsen nr. 3/1991. Overfladebehandling af skibe
(surface treatment of ships). Vejledning fra Miljøstyrelsen nr. 4/1991. Retningslinjer for grovvarebranchen (seeds and fertilsers sector). Vejledning fra Miljøstyrelsen nr. 2/1993 om begrænsning af forurening fra forbrændingsanlæg (limiting pollution from incineration plants). Vejledning fra Miljøstyrelsen nr. 1/1995 om skydebaner (shooting ranges). |
| 10 | Orientering fra Miljøstyrelsen nr. 8/2000. Referencer til renere teknologivurderinger ved miljøgodkendelser (References to cleaner technology assessments for environmental approvals). |
| 11 | Examples of substitution: 1.Use of vegetable oils instead of organic solvents to clean printing rollers. 2. Use of water-based ink in mould cores instead of isopropyl-based ink. 3. Use of UV colourings instead of organic solvent colourings at print shops has reduced consumption of organic solvents by approx. 80%. |
| 12 | Example of reorganising operations An enamel and paint factory reorganised production. Manufacture of paints and enamels is now in a closed system where vapours from organic solvents are returned to the mixing vats. Emissions of organic solvents to the outside air have thus been reduced significantly. |
| 13 | I.e. installations covered by the IPPC Directive and therefore marked with an (i) on the list in Annex 1 of Statutory Order No. 646/2001. In addition, items J 1, K 1d and K 2e, which are not covered by the IPPC Directive have been marked for this procedure. |
| 14 | Examples of environmental quality norms: Statutory Order No. 119 of 12 March 1987 on limit values for the atmospheric content of nitrogen and Statutory Order No. 836 of 10 December 1986 on limit values for the atmospheric content of sulphur dioxide and suspended particulates. See also Statutory Order No. 921 of 8 October 1996 on quality requirements for aquatic areas and requirements on discharges of certain substances into water courses, lakes or the sea. |
| 15 | See section 2.2.3.2. |