The IED Directive imposes obligations on operators of industrial installations for the preparation of baseline reports (BR) and for monitoring. The basis for this is Directive 2010/75/EU of the European Parliament and of the European Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control), or IED for short.
The objective of the IED Directive on industrial emissions at EU level is to improve the harmonisation of environmental protection standards in the EU and to avoid distortions of competition. The Act on the Implementation of the IED Directive on Industrial Emissions has entered into force and the corresponding ordinances (4th and 9th Federal Emission Control Ordinance) have been adopted.
For the installations listed in the 4th Federal Emission Control Ordinance, a so-called baseline report (BR) must be prepared under certain conditions in the event of a significant change or a new permit. The Federal/Länder Working Group on Soil Protection (LABO) has published a working aid on the baseline report for soil and groundwater (as of 16 August 2018). If relevant hazardous substances are present and a risk of pollution cannot be ruled out, appropriate soil and groundwater examinations must be conducted as part of the baseline report.
In the event of decommissioning of the facility, it must be assessed whether the operation of the facility has led to significant pollution. The results are to be documented in the so-called shutdown report (SR). For this purpose, the LABO has published the working aid on the duty of return (as of 09 March 2017).
In the individual federal states, the aforementioned working aids have been introduced by decree, in some cases with supplementary regulations, for example in North Rhine-Westphalia with date of 25 March 2020 (Ministerial decree: New LABO work aid Initial status report for soil and groundwater and notes on the LABO work aid on the obligation to return. - Letter from the Ministry of the Environment, Agriculture, Nature Conservation and Consumer Protection of the State of North Rhine-Westphalia to the district governments of Arnsberg, Detmold, Düsseldorf, Cologne and Münster) or in Bavaria with date of 02 November 2020 (Bavarian State Ministry for the Environment and Consumer Protection - Introduction of the working aids on the initial status report for soil and groundwater and the working aid on the obligation to return soil and groundwater).
During the operation of the installation, emissions emitted by it shall be monitored. The competent authority shall specify the requirements for the monitoring of soil and groundwater in the permit notice. As a rule, the latter prepares a monitoring concept in advance based on the draft of the LABO working aid on the monitoring of soil and groundwater in installations pursuant to the IE Directive (status: 21 February 2020).
WESSLING has been dealing with the requirements of the IED Directive since the very beginning. WESSLING is also particularly familiar with the topic of the baseline report (BR), the document on return (RDR) as well as the corresponding monitoring concepts and the current state of implementation due to the processing of more than 250 projects. Dipl.-Ing. Christoph Wortmann, Head of Business Development at WESSLING, heads the study group of the ITVA (Engineering Association for Contaminated Sites and Land Recycling) on the topic of the IED Directive.