A Review: Comparison of Approaches to the Approval Process and Methodology for Estimation of Ammonia Emissions from Livestock Farms under IPPC

Abstract

Ammonia (NH₃) emissions have a negative impact on the welfare of breeding animals, human health, and the environment. These influences of modern intensive agriculture have led to numerous protocols, national regulations, and European Directives. Following previous regulatory measures, the Commission Implementing Decision European Union (EU) 2017/302 on 15 February 2017 has established best available technique (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and the Council, for the intensive rearing of poultry and pigs. This applies to intensive poultry and pig producers with a capacity of over 40,000 poultry, 750 sows, or 2000 fattening pigs. Due to the application of this directive, air emissions have been reduced by between 40% and 75% over the last 15 years. The integrated permit monitors the entire environmental burden of the farm on its surroundings (air pollution, water, soil pollution, waste production, energy use). This review aims to provide a critical overview of how member states (including the United Kingdom) are approaching the implementation of IPPC (Integrated Pollution Prevention and Control) and the conclusions of BAT in their legislation and related documents, and how they monitor NH₃ emissions from intensive livestock farming. The data for this review were obtained from 2019 to 2020.

1. Introduction

Intensive livestock production produces nitrogen in various forms. The production of NH₃ emissions results in a deterioration of human health and exposure to health risks, and impacts the surrounding ecosystems and biodiversity [1,2,3]. The release of nitrates into surface waters contributes to their eutrophication, while groundwater contamination threatens to reduce its quality [4]. According to [5], excess nitrates in the soil could lead to the production of nitrous oxide emissions.

In the EU, the share of agriculture in NH₃ emissions is about 94% of total anthropogenic emissions [6], of which 75% of NH₃ emissions come from livestock production [7]. From all livestock categories, concerning the whole manure handling cycle (housing, storage, application), cattle are the largest source of NH₃ emissions (53%), followed by pigs (25%), poultry (15%), and other animal categories (7%) [8].

Therefore, the livestock industry is in a difficult situation, as it should ensure a high level of production and the improvement of its impact on the environment. Increased human concern for the sustainable development of agriculture, together with the increase in the number of animals and the size of farms, has led to the introduction of strict environmental legislation throughout the EU.

1.1. EU Legislation

In 1991, the EU presented Council Directives concerning the usage of nitrate fertilizers (91/676/EEC), intending to reduce water pollution by agricultural sources using nitrates. Therefore, the nitrates’ concentration limits in groundwater and surface water were set to 50 mg∙L⁻¹ [9,10]. This Directive is one of the most critical European regulations, as it reduces the effects of careless use of fertilizers on the environment and increases nitrogen use efficiency. The Directive about nitrates defines “vulnerable zones”, and establishes spatial and time limits on their application, setting the maximum amount of organic nitrogen (170 kg∙ha⁻¹∙year⁻¹) which can be applied to the soil. According to a report from the European Commission, this Directive has had specific positive effects. In 2012–2015, 13.2% of groundwater monitoring stations exceeded the nitrate concentration limit. This is a slightly improved result compared to the previous reporting period of 2008–2011, when 14.4% of stations exceeded the same threshold [11].

In 1999, the Gothenburg Protocol of the Convention of Long-Range Transboundary Air Pollution (CLRTAP) set national emission ceilings for a series of gases, including nitrogen oxides (NO₂) and NH₃, which by 2010 would have resulted in a reduction in NH₃ emissions of 17% compared to 1990. This was followed in 2001 by implementing the Gothenburg Protocol in the EU as the National Emission Ceilings Directive 2001/81/EC (NECD). Each EU country set a maximum level of emissions to be met by 2010. This goal has been achieved by 23 of the 27 EU countries. For the above reason, EU countries must report the NH₃ emissions produced. In 2012, the Gothenburg Protocol was modified and subsequently predicted a reduction in NH₃ emissions of 6% in 2020 compared to 2005 [12].

In 1996, EU member states agreed on the preparation for implementing the best available techniques (BAT), according to the Council Directive (96/61/EC) concerning IPPC. A reference document, BREF, was developed [13] and addressed the main issues in implementing the IPPC Directive. In addition to the NH₃ issue, the BREF also dealt with odours, particulate matter, and other gases produced by agriculture and industry. This document had been amended several times until the Commission Implementing Decision (EU) 2017/302 of 15 February 2017 established best available techniques (BAT) conclusions under Directive 2010/75/EU for the intensive rearing of poultry or pigs. This Directive established rules for the licensing of industrial activities with the general objective of environmental protection. One of the defined sectors is intensive livestock farming (farms with more than 40,000 places for poultry, 2000 for fattening pigs or 750 for sows), in which producers must have an operating license granted that describes the total environmental impact of the husbandry. This includes air, water, soil pollution, waste production, and resource use (water consumption and energy efficiency). An operating license is only issued if the farmer demonstrates the appropriate use of non-excessive BAT, listed and described in the official BREF [14,15,16,17].

1.2. Emission Estimation Methodologies

The issue of NH₃ emissions is complex and depends on many factors (animal categories, housing technology, climate, and microclimate conditions) [18].

Due to this reason, an effort has been made for the most accurate determination of the resulting emissions from agricultural holdings. Reliable estimates of NH₃ emissions in EU countries are essential to identify the effectiveness of mitigation strategies at national and regional levels. To determine the level of NH₃ emissions from intensive livestock farming, methodologies have been developed to calculate these emissions based on data from operating conditions.

Estimation can be performed by using emission factors to calculate NH₃ emissions, such as the number of animals, the occupancy during the year, and the emission factor for each category. The emission factor is determined based on scientific knowledge and varies according to the category of animals. The calculations consider each cycle of manure production and handling (stables, storage, and landspreading). Technologies used to reduce NH₃ emissions are also considered. The emission factor is derived from measurements designed and performed according to a national or an international protocol [19,20].

Estimation of NH₃ emission is performed by measuring the NH₃ concentration and the ventilation rate. National or international standards are used as measurement methodologies. To estimate annual emissions, six 24 h measurements are required. The annual average is calculated as a mean over all sampling days. These are spread over the breeding cycle according to the category of animals:

• Stable emission production (laying hens)—measurements are recommended once every two months during one year;
• Linear emission production (fattening pigs)—three measurements in the first breeding cycle and three measurements in the second breeding cycle;
• Exponential emission production (broilers)—one measurement in the first breeding cycle, two measurements in the second breeding cycle, and three measurements in the last breeding phase [17].

Another possible approach is an estimation made by using a mass balance based on the excretion and the total (or ammoniacal) nitrogen present at each manure management stage. The methodology found in the European Monitoring and Evaluation Programme/European Environmental Agency (EMEP/EEA) air pollutant emission inventory guidebook 2016 (Part B: Sectoral guidance chapters 3. Agriculture-3.B Manure management 2016) can be used and is very widespread in EU countries. This method is especially suitable for countries with specific emission factors set. For the calculation, the methodology uses different algorithms. For livestock categories that make a minor contribution to NH₃ emissions, a Tier 1 algorithm could be used, since it considers the total NH₃-N emission factors for different categories of animals, including the total manure handling process (housing, storage, and landspreading). For livestock categories where NH₃ emission production is an essential source, the Tier 2 algorithm can be used. Calculation of the total NH₃ emissions is based on total NH₃ nitrogen (TAN). The method includes 15 steps to determine NH₃ emission, and the authors of this work recommend it as the most appropriate method. The Tier 3 algorithm has been recommended for countries with sufficient data to apply a specific emission factor. Additionally, it uses emission models to estimate the production of emissions [21].

The methodologies mentioned above provide approaches for correctly estimating the emissions produced. However, EU countries also use country-specific methods, and the final result is more accurate for overall estimated emissions. Annual updates of the NH₃ emissions produced should assess compliance with the agreed commitments, identify the main sources of emissions, and evaluate their impact on the environment.

2. Implementation of IPPC and the Approach to Monitoring NH₃ Emissions in EU Countries

The following chapter summarizes the basic information on how member states implement IPPC in their legislation and how they approach the monitoring of NH₃ emissions in intensive farms under IPPC.

2.1. Austria

Competent authorities for environmental protection in Austria are diverse. The state and provinces have legal and administrative powers. However, the powers of the state prevail. Some facilities covered by the IPPC, mainly intensive livestock farming, fall under provincial law-permit issued by the regional administration [22,23].

Permission is granted indefinitely, but compliance is checked regularly [24]. After ten years, the licensee must check the current status of the BAT and, if needed, take the necessary measures immediately and notify the competent authorities of the change in the BAT [25]. Non-compliance with the required conditions may result in the closure of the farm and the imposition of a sanction up to €2180 [26].

Austria has tried to implement the IPPC Directive as part of an overall reform to standardize and centralize the regulatory framework for permits. However, the reform failed to introduce an environmental law, so Austria continued implementing the IPPC Directive by amending sector-specific legislation [25]. The primary and most comprehensive framework for production permits is the Commercial Law. The application of the BAT conclusions is contained in the Law on Waste Management. The EMEP/EEA Tier 1 methodology is used to estimate emissions [27,28].

2.2. Belgium

The primary responsibility for environmental policy and legislation in Belgium belongs to the three autonomous regions: the Flemish region, Brussels, and the Wallonia Region. This means that implementation of the IPPC Directive is the exclusive competence of individual regions (without the involvement of the state), but also that this legislation is different in all three regions. Each region implements the IPPC and provides an operational licensing agenda [29,30].

I.

Flemish Region

The IPPC Directive has been implemented by the Regulation (Law on Regional Parliament) on Environmental Licensing (as amended), supplemented by some administrative regulations, which state in detail the procedure and conditions for issuing license permits (Vlarem II, Vlarem III)—in Annex I, the Regulation Vlarem III states a list of the facilities that must apply for a permit. The list is taken from Directive 2010/75/EU of the European Parliament and the Council [30,31,32,33,34].

The competent authority issues the permit, in this case, the Flemish government or municipality. There are three categories of equipment when issuing permits:

• For installations with low environmental impact, it is sufficient to inform about the construction in advance;
• For medium environmental impact installations, the local government issues the permit (municipality);
• Installations with a significant impact on the environment are issued the permit by the provincial government [30].

All IPPC installations are classified in the C category. The competent authority decides on the duration of the permit.

II.

Wallonia Region

The IPPC Directive has been implemented by the Environmental Licensing (as amended) and implementing regulations. When issuing integrated permits, installations differ according to their environmental impact, as in the event of the Flemish region [30,35]. The EMEP/EEA Tier 2 methodology is used to estimate emissions [36].

III.

Brussels Region

The IPPC Directive has been implemented by the Environmental Licensing Regulation (as amended) and its implementing regulations [37].

There is a unique situation in the Brussels region, in which, in the event of refusal to issue an environmental permit by the government of the Brussels region, an appeal may be lodged against the so-called ‘Milieucollege—Collège de l’environnement“. The Commission is composed of five independent experts who will review the decision of the Brussels government and may issue a permit [30].

The Brussels Environment Agency primarily issues the permit. There are four different categories (IA, IB, II, III) in the Brussels region that are distinguished according to the impact of their activities on the environment when issuing an integrated permit. Category IA installations are subject to environmental impact assessment requirements and permits, category IB is subject to simplified management of environmental impact assessment and permit requirements, category II is subject to an environmental permit issued by the competent municipality, and category III installations only have to announce their activities [30].

2.3. Bulgaria

Bulgaria is implementing the IPPC Directive through the environmental protection law, which is published in the Official Gazette 91/2002, as last amended by the Official Gazette 98/2014. At the national level, it implements EU Directive 2010/75/EC, which came into effect on 7 January 2014 and introduces an integrated permit system. The integrated permit is issued by the Director of the Executive Environment Agency (Executive Environment Agency), which must include mandatory environmental protection measures and be based on the concept of BAT. The EMEP/EEA Tier 1 methodology is used to estimate emissions [38,39].

The integrated permission is issued for an indefinite period, except in cases where the environmental regulations set a specific deadline for the facility’s closure. The licensee is obliged to inform the Ministry of Environmental and Water Protection and the Executive Environment Agency of any changes in working conditions. In the case of performing activities without a license, the licensee in question may be fined up to €25,000 [40].

Bulgaria has set up an extensive database of information on emissions from all sources of pollutants divided into 11 groups according to the emission source. One of these groups is agriculture and natural resources. Emissions of 14 harmful substances, including NH₃, are monitored. The MOEW (Ministry of the Environment and Water), the Bulgarian branch of the EEA (European Environment Agency), RIEW (Regional Inspectorates of Environment and Water), and NSI (National Statistical Institute) are responsible for organizing data collection [41].

2.4. Croatia

The implementation of the IPPC Directive into the Croatian legal system has been performed by Regulation NN 114/2008-Regulation on the procedure for setting integrated environmental protection requirements [42]. The establishments listed in Annex I must also apply for an integrated permit for this regulation (parameters are identical to European Directive 2010/75/EU). The transfer of European legislation 2010/75/EU took place in the Act on Environmental Protection NN 80/2013 of 21 June 2013. The EMEP/EEA Tier 2 methodology is used to estimate emissions [43,44].

The competent authority issues the permit (Department for Integrated Environmental Protection of the Ministry of Environmental Protection and Energy). In the event of a violation of the conditions of the integrated license, the licensee faces a fine of up to €120,000 [43].

2.5. Czech Republic

In the Czech Republic, intensive poultry and pig farming has been defined by the Law on Integrated Prevention No. 76/2002 Coll. in Annex No. 1 in category 6.6. This law is based on Directive 2010/75/EU of the European Parliament and the Council on industrial emissions. Intensive farm owners whose capacities exceed the above limits must apply for an integrated permit under the Integrated Prevention Act. It is a demanding administrative process that requires comprehensive knowledge, especially in legislation and technology. The Czech Inspectorate issues inspections and permits for Environmental Protection. The review of integrated permits will, among other things, examine how emissions of pollutants into the environment are monitored. The BAT conclusions set minimum requirements for NH₃ emission limits that institutions must meet. The provider can determine NH₃ emissions either by calculation according to the Methodological Instruction of the Ministry of the Environment (BAT 25C), or with measurement under BAT 25B, if required by the situation in operation. However, the permitting authority cannot order the measurement of NH₃ emissions, as follows from the methodological instruction of the Ministry of the Environment, which the permitting authorities have used in the review of issued integrated permits, in the following four years. In practice, the calculation of NH₃ emissions according to BAT 25C, as stated in the BAT conclusions according to Directive 2010/75/EU of the European Parliament and the Council for intensive poultry or pig farming, is mainly used [17,45].

2.6. Denmark

Environmental laws in Denmark are based mainly on EU law and, to some extent, on international treaties. All EU directives have been transposed and incorporated into Danish law. The primary document is the Environmental Protection Act (LBK No. 1121 of 9 March 2018) [46]. The Environmental Protection Act contains the 2013 Industrial Emissions Directive (IED), which implements the IPPC Directive [47,48]. This Directive provides that all industrial production, agricultural production, and waste treatment processes are subject to the approval of the competent authority. It introduces a requirement for more frequent use of BAT techniques and provides for more frequent inspections of licensed installations. The most common BAT reference document in Denmark is the BREF for pig and poultry farming—there are approximately 1200 farms in Denmark [48,49].

The Environmental Protection Act is based on the principle of decentralization. This means that the administration and application of most regulations are in the hands of the municipalities that issue the permit. An integrated licensing system is enshrined in part of the Environmental Protection Act. The categories subject to approval are listed in Appendix 1 and 2 of Act No. 1458 of 12 December 2017, namely, 6.6 Livestock [50].

Since 2007, livestock farms have been subject to a comprehensive environmental permit system, which the Law provides on Livestock No. 1020 of 7 June 2018. The Act stipulates (Chapter 3, §16a.) that without prior permission, a local council may not have established livestock operations with an NH₃ emission higher than 3500 kg NH₃∙animal place⁻¹∙year⁻¹. They use their own emission factors to estimate NH₃ emissions [51].

2.7. Estonia

In Estonia, the European IPPC Directive is being implemented with the help of:

• The Air Protection Act (RT I, 7 June 2015, 1), valid from 30 September 2004, partially since 27 November 2004 [52];
• The Industrial Emissions Act (RT I, 4 July 2017, 1) valid from 1 June 2013 [53].

According to Section 19, paragraph 3, a Government Regulation was issued with a list of partial activities requiring an integrated permit to operate facilities (RT I, 25 September 2018, 4), valid from 14 June 2013. According to this Regulation, the holdings requiring an integrated permit correspond exactly to the holdings under Directive 2010/75/EU [54].

The Environment Council issues the permit, issued for an indefinite period. The application is submitted through the environmental information system and is confirmed by a digital signature. In the case of non-compliance, the farm may be closed, and a fine of up to €32,000 may be imposed. The EMEP/EEA Tier 1 and 2 methodologies are used to estimate emissions. In Estonia, sampling from regional sources and analysis of pollutants (including NH₃) is performed by the Air Quality Management Department of the Estonian Center for Environmental Research. The measurement results are further published by the Environmental Agency of the Republic of Estonia [54,55,56].

2.8. Finland

Directive 2010/75/EU of the European Parliament and the Government has been implemented in Finland by the Law on Environmental Protection No. 527/2014 of 27 June 2014 [57]. Annex I of this law lists the installations for which a permit is required. The list of facilities follows the European directive.

The State Environmental Permit Authority has issued the permit based on an authorization from Decree No. 713/2014. The Center for Trade, Transport, and Environment monitors compliance with the requirements of the integrated permit. The issued permit is valid for an indefinite period. Own emission factors are used to estimate NH₃ emissions [58].

2.9. France

France implements Directive 2010/75/EU in its legal order by Decree No. 2013-375 of 2 May 2013, modifying the classification tables of installations covered by the integrated permit from the Environmental Protection Act defined in Article R511-9 of this Act (Annex 3—pig farms are in category No. 2102; poultry farms are in category No. 2111). Intensive livestock farming was classified in category 3660 and complied with the European IPPC Directive. Own methods are used to estimate NH₃ emissions [59,60].

The Directive 2010/75/EU covers approximately 3400 holdings (approximately 50% of the holdings covered by this Directive). Most of them are located in the Brittany region. In France, farms produce about 75% of total NH₃ emission [61].

In the case of non-compliance with emission and air pollution limits, the owner is threatened with imprisonment for two years and a fine of €75,000 [62].

2.10. Germany

Germany implements and applies the Directive through its Industrial Emissions Directive Implementation Act and two Decrees of national law from 2 May 2013. The amendments were first made to the Pollution Control Laws, the Water law, and the Recycling law. These modifications have led to an amendment to the Regulation on equipment requiring approval [63,64,65,66,67].

Currently, there is a legal framework regulating emissions from livestock production facilities in general. In addition, there are specific regulations for livestock farming in critical areas, such as near residential areas. The emission reduction measures to be taken are particular and may vary according to the location of the building and the size of the livestock facilities. The choice of equipment or their combination for reducing emissions then depends only on the owner’s choice, who must meet the limits. Own emission factors are used to estimate NH₃ emissions [68].

Building new facilities or expanding existing facilities over the stated limit (

Table 1. Threshold capacities for integrated permits in Germany [69].

Livestock Category	Breeding Size for Simplified IPPC Procedures (pc)	Breeding Size for Full IPPC Procedures (pc)
Fattening pigs (>30 kg)	1500	2000
Sows (including piglets < 30 kg)	560	750
Piglets (10–30 kg)	4500	6000
Laying hens	15,000	40,000
Pullets	30,000	40,000
Broilers	30,000	40,000
Turkeys	15,000	40,000

) requires only a construction permit or simplified management of the IPPC permit according to §19, without public participation. If the IPPC farm size values are exceeded, the issue is addressed through the Emissions Act, and automatically, the approval process must include public participation. It is controlled by the Technical Instructions on Air Quality Control (TA-Luft). TA-Luft requires the authorities to confirm that future NH₃ emissions from the planned project will not have negative local effects on the environment. For this purpose, it specifies minimum distance from vulnerable ecosystem requirements for animal housing facilities [68].

The legal basis for the control of NH₃ emissions from livestock is:

• Federal Law on Emission Control and its transposed legislation TA-Luft adopted pursuant to §48 BlmSchG;
• Environmental Impact Assessment Act;
• Habitats Directive (Council Directive 92/34/EEC) of 21 May 1992 in connection with the Nature Conservation Act, in particular §34 and §36, which implement the Habitats Directive in national law [68].

2.11. Great Britain

The implementation of the IPPC Directive into the legal system of the United Kingdom of Great Britain and Northern Ireland has been effected by the Pollution Prevention and Control Act of 1999 [70]. The implementation of European Directive 2010/75/EU took place individually in each country:

I.

Scotland

Regulation on the change of pollution prevention and control 2014 [71].

II.

Northern Ireland

Pollution Prevention and Control Regulation for industrial emissions 2013—Industrial Emissions [72].

III.

Britain and Wales

Pollution Prevention and Control Regulation 2019 [73].

2.12. Greece

The implementation of Directive 2010/75/EU in Greece has been effected with the help of Joint Ministerial Decision 36060/1155/E.103/2013-Official Gazette of the Government No. 1450/B/14-6-2013 in the Law on Environmental Protection No. 1650/1986. Ministerial Decision 36060/1155/E.103/2013 defines the works covered by the integrated permit in Annex I and amends them following EU legislation. Licenses are allocated according to the amendments to the law 4014/2011 (Official Gazette 290/A/2011). The EMEP/EEA Tier 1 methodology is used to estimate emissions. The competent environmental authority issues the permit. The application shall be submitted together with the EIA documentation. In the event of non-compliance, the farm may be closed, and the owner may be fined between €1000 and €60,000 [74,75,76].

2.13. Hungary

Hungary has incorporated the IPPC Directive into its legal system by Government Decree No. 193/2001—implementing rules for integrated environmental permitting and subsequently, No. 314/2015—environmental impact assessment and approval procedure for integrated environmental permits, according to the law LIII 1995 on general rules for environmental protection. Government Decree No. 314/2015 in Annex 2, category 11-Intensive livestock production lists the farms that fall under the IPPC Directive and must apply for an integrated permit. These farms fully comply with European Directive 2010/75/EU. The Environmental Office issues the permit [77,78,79].

The permit is usually issued for at least ten years. If an installation has previously had a problem with environmental pollution or was applying for a permit for the first time, the permit may be issued for a period of five years.

In the event of an installation owner without a valid permit, the competent authorities may restrict, suspend, or stop the operation of the installation. Simultaneously, a fine of €140–280 per day is imposed, depending on the degree of environmental risk. The EMEP/EEA Tier 1 and 2 methodologies are used to estimate emissions [79,80].

2.14. Ireland

The implementation of the IPPC Directive in Ireland has been performed with the assistance of:

• The Waste Management Act 1996;
• The Planning and Development Act 2000;
• The Environmental Protection Agency Act 1992 [81,82,83].

The implementation was effected with the help of the statutory instrument SI. No. 137/2013. Annex I, category 6 of the Environmental Protection Law, which defines the intensive farms that must apply for an integrated permit following part IV [84].

The Environmental Protection Agency (EPA), which issues integrated permits, is also responsible for monitoring them. The license can be inspected at any time after issue, but no later than three years. The license shall be terminated if the breeding has not started operating within three years of its issuance or if the breeding has ceased in the last three years [83].

Ireland’s basic approach to establishing intensive farms is to locate them at a sufficient distance from residential and odour-sensitive areas. These distances are determined based on an odour dispersion model. The EMEP/EEA Tier 2 methodology is used to estimate emissions [85].

TEAGASC finances measurement of pollutant emissions from livestock farms in Ireland; the Irish National Institution for Agriculture and Food Development provides integrated research, advice, and training services to the agri-food industry and rural communities. The LowAmmo project was set up for precise measurement and focuses on critical knowledge gaps in Irish NH₃ emissions. This project (LowAmmo) includes measuring, modeling, and reducing emissions of NH₃ from large livestock farms [82,86,87].

2.15. Italy

The IPPC Directive was introduced into Italian law by Legislative Decree No. 372 of 4 August 1999 on the implementation of Directive 96/61/EC on integrated pollution prevention and control, and later by the Legislative Decree No. 59 of 18 February 2005. The legislative decrees have been amended several times, and the most significant change was Legislative Decree No. 152 of 3 April 2006, which incorporated Directive 2001/80/EC into its legislation. This Regulation is supplemented by Legislative Regulation No. 46 of 4 March 2014, following European Union Directive 2010/75/EU. Following these amendments, Annex VIII, Part II of Regulation 152/06 lists the activities that require applying for an integrated permit. In agriculture, the conditions are identical to those set out in Directive 2010/75/EU. Three authorities issue the permit:

• The Ministry of Agriculture;
• The Ministry of the Environment;
• Local authorities.

It is issued for 5 or 8 years, using values for fulfillment of the criteria [88,89,90,91].

Non-compliance with emission and air pollution limits could result in owner suspension and a fine of between €35,000 and €100,000. Own emission factors are used to estimate NH₃ emissions [89].

2.16. Latvia

The implementation of European Directive 2010/75/EU has been effected by the amendment of the Pollution Act of 15 March 2001, which set new conditions for the categories of permits for polluting activities and the implementation of these activities. Furthermore, the Directive was also incorporated into the Environmental Impact Assessment Act of 14 October 1998. The permit is issued for the entire period of operation of the installation. The EMEP/EEA Tier 2 methodology is used to estimate emissions [92,93,94].

2.17. Lithuania

The IPPC Directive has been implemented by the Declaration of the Minister of Environment No. 80. The amended IPPC Directive 2010/75/EU is written in the Lithuanian Law on Environmental Protection No. I-2223 of 30 January 1992. The issuance of an integrated permit shall take place following Regulation No. D1-528. Annex I to this Regulation lists the limit parameters for installations submitted for an integrated permit (the installation requirements correspond to the European Directive) [95,96,97,98].

The Environmental Protection Agency issues the operating permit. Compliance with the conditions specified in the integrated permit is controlled by the Ministry of Environment of the Republic of Lithuania. The permit is issued for an indefinite period and may be revoked for the reasons stated in Regulation No. D1-528, chapter XII. The EMEP/EEA Tier 1 methodology is used to estimate emissions [97].

2.18. Luxembourg

Luxembourg incorporates Directive 2010/75/EU into its legal system through the Environment Act. Installations that must apply for an integrated permit are listed in Annex II of this law. The criteria have not been tightened [99,100].

2.19. Malta

Regulation S.L.549.77 transposes the European Industrial Emissions Directive 2010/75/EU into the legal system of Malta, and at the same time implements the framework for the regulation of industrial emissions S.L.549.76. Annex I, Regulation S.L.549.77, lists the installations that must apply for an integrated permit. The Environment and Resource Authority issues the permit. An owner who violates the provisions of Regulation S.L.549.77 may be penalized:

• For a first conviction, a fine of €23,000–233,000 or a maximum term of imprisonment of 2 years, or both;
• For the second and subsequent convictions, a fine of €46,000–466,000 or a maximum term of imprisonment of 2 years, or both [101,102,103,104,105].

2.20. Netherlands

The Netherlands implemented the Industrial Emissions Directive into its legislation by the Environmental Law-General Provisions of 6 November 2008. The Directive has been incorporated into the Act through two amending acts: Gazette 2012, 552 and Gazette 2013, 159. The Environmental Act defines the term IPPC installation, which uses a direct reference to the definitions of industrial emission installations in Annex I, Directive 2010/75/EU. Own emission factors are used to estimate emissions [106,107,108,109].

2.21. Poland

Poland integrates the Industrial Emissions Directive into its Environmental Protection Act. The Law from Article 236b refers to Annex I of Regulation 166/2006, which lists the facilities subject to the reporting obligation (category 7). This Annex is identical to Annex I of European Directive 2010/75/EU. The Ministry of Environment issues the permit [110,111,112].

The permit may be restricted or revoked if the installation owner violates the permit conditions, either regarding environmental protection or the endangerment of human health. In the event of a violation of the conditions of the permit, the facility risks a fine ranging from €11,000 to 110,000. The EMEP/EEA Tier 2 methodology is used to estimate emissions [112].

2.22. Portugal

Portugal transposed the IPPC Directive into its legal system by Legislative Decree No. 194/2000 of 21 August 2000, which was repealed by Legislative Decree No. 173/2008 of 28 August. Directive 2010/75/EU of the European Parliament and the Council was transposed into Portuguese legislation by Regulation No. 127/2013 of 30 August 2013. Installations are subject to an application for an integrated permit, therefore following the European Directive. In 2015, the Portuguese Government had issued Legislative Decree No. 75/2015 of 11 May 2015, approving the unified environmental licensing system. The EMEP/EEA Tier 2 methodology is used to estimate emissions [113,114,115,116].

2.23. Republic of Cyprus

The incorporation of the IPPC Directive into the Republic of Cyprus’s legal order took place in the Water Pollution Control Act No. 106 (I)/2002. European Directive 2010/75/EU is integrated into Republic of Cyprus law by the Industrial Emissions Act No. 184 (I)/2013. This Law was amended in 2016 by Act No. 131 (I)/2016. Installations that must apply for an integrated permit are listed in Annex I, Act No. 184 (I)/2013, and fully follow the European Directive [117,118,119].

In the event of a breach of the terms of the integrated license, the licensee may be imprisoned for a maximum of three years or fined up to €500,000, or both. The EMEP/EEA Tier 2 methodology is used to estimate emissions [118,120].

2.24. Romania

The European Industrial Emissions Directive 2010/75/EU in the Romanian legal system has been implemented by Law No. 278/2013 on industrial emissions. Annex I of this law lists the facilities obliged to apply for an integrated permit. The equipment list is identical to the conditions set out in Directive 2010/75/EU [121].

The National Environmental Protection Agency issues the permit. The National Environmental Guard monitors compliance with permit conditions. Violation of the conditions of the integrated permit is punishable according to chapter XV, Article 96, Regulation No. 195/2005 on environmental protection. The EMEP/EEA Tier 2 methodology is used to estimate emissions [122,123].

2.25. Slovak Republic

The Slovak Republic has implemented the IPPC Directive into its legal system by Act No. 245/2003 of 19 June on integrated pollution prevention and control. Directive 2010/75/EU has been included in the laws of Slovakia by act No. 39/201379, and the Law was amended several times during its validity—the last time by act No. 193/2018 Coll., on 13 June. The parameters of the facilities that must apply for an integrated permit (Annex I, Law No. 39/2013 Coll.) have been taken from the European Directive, and they are fully compliant with it. The Ministry of Environment of Slovakia issues the permit; the Slovakia Inspectorate performs administrative supervision for Environmental Protection and imposes fines. If the conditions specified in the license are violated, the owner may be fined up to €1,000,000, following Article 37 of Act No. 39/2013. The EMEP/EEA Tier 2 methodology is used to estimate emissions [124,125].

2.26. Slovenia

The transposition of Directive 2010/75/EU of the European Parliament and the Government has been performed according to the Law on Environmental Protection. Installations required to apply for an integrated permit are defined in Annex I of the Regulation on the type of activities and installations that may cause large-scale pollution [126,127].

The Environmental Inspectorate performs control of environmental permits. Penalties related to violation of the conditions for issuing an integrated permit and the conditions specified therein are defined in chapter VII, Article 27, decrees on the type of activities and facilities that can cause pollution on a large scale. The EMEP/EEA Tier 2 methodology is used to estimate emissions [127,128].

2.27. Spain

The Ministry of Agriculture, Fisheries, and Food of Spain have established the ECOGAN programme following European Directive 2010/75/EU, through which farmers can identify:

• Emissions of NH₃ and nitrogen oxides from the farm;
• Nitrogen emissions from sludge, manure, etc.

This programme enables farmers to appreciate their farms and introduces them to new reduction techniques related to pollutant emissions [129].

The Spanish Emission Records System is responsible for calculating the total emissions of all these pollutants for each category and activity of livestock following international EU regulations. The Directorate-General for Livestock Production is responsible for preparing methodological guidelines for determining emissions from livestock farming [130].

The implementation of Directive 2010/75/EU was effected by Law No. 16/2002 of 1 July on integrated pollution prevention and control, which was later amended by Royal Decree-Law No. 1 of 16 December 2016, approving the revised text of the Act on Integrated Pollution Prevention and Control. Livestock holdings covered by the integrated permit are listed in Annex I, category 9.3. The border capacities of intensive agriculture are within the lines of the European Directive [131,132].

The integrated permit is issued by the competent body of the autonomous administration. In the case of a change in breeding parameters with approval, there are two different situations:

• There is a slight change of breeding parameters, in which the owner notifies the competent authorities only with appropriate justification. This change is approved by the authority in an accelerated procedure;
• There is a significant change in the breeding parameters when assessing the operation and a new integrated permit is needed.

In the case of a severe breach of the integrated permit, the owner may be subject to sanctions ranging from €200,000 to €2,000,000; complete, partial, or temporary closure of the installation; or revocation of the permit.

In the event of a serious offense, there is a risk of sanctions ranging from €20,000 to €200,000, temporary or partial closure of the facilities for a maximum of two years, closure for a maximum of one year, or suspension of authorization of the permit for a maximum of one year. In the case of minor offenses, there is a risk of a fine of up to €20,000. The EMEP/EEA Tier 2 methodology is used to estimate emissions [132,133].

2.28. Sweden

The implementation of European Directive 2010/75/EU into the Swedish legal system was effected by Regulation SFS 2013:251, as amended by SFS 2016:1188. Installations for which a permit is needed are listed in Chapter 2, Section 1, and are within the lines of the European Directive [134,135].

The permit is issued by the Swedish Environmental Protection Agency based on SFS Regulation 1998:899, as amended by SFS Regulation 2013:262. The EMEP/EEA Tier 2 methodology is used to estimate emissions [136,137,138].

3. Summary and Discussion

3.1. Implementation IPPC Directive

All of the member states of the EU have implemented Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) into their national legislation. In particular, implementation has been carried out in the legislation on environmental and air protection, industrial emissions, integrated pollution prevention and control, and environmental impact assessment. Ireland has incorporated it in the Waste Management and Planned Development Act, Flanders in the Environmental Licensing Regulations. For most countries, there is a drive to centralize decision-making powers, such as in Austria, where state powers prevail over the federal state (region, province, etc.). Conversely, a decentralization approach has been taken in Belgium, where the primary responsibility lies with the autonomous regions (Flanders, Wallonia, and Brussels), and similarly in Great Britain, Spain, and Denmark (individual municipalities issue permits).

Annex 1 of Directive 2010/75/EU defines the activities covered by the Act. Category 6.6 includes agricultural activities—intensive poultry and pig farms with space for more than 40,000 poultry, 2000 fattening pigs weighing more than 30 kg, or 750 sows. All EU countries have adopted these values. Only Germany has tightened these thresholds; see Table 1. For the construction of new installations or the extension of existing installations above the threshold, a simplified IPPC permit procedure must be carried out without public participation. If the size of the accommodation exceeds the IPPC set size, this is dealt with through the Emissions Act, and public participation must automatically be part of the approval process.

For violation of the legislation in effect or for operating without a permit, the operator is mainly subject to financial penalties ranging from €1000–60,000 (Greece) to €200,000–€2,000,000 (Spain), but also to revocation (France, Malta, Republic of Cyprus). In most countries, licenses are issued for an indefinite period, except for Hungary (10 years.) and Italy (5–8 years.).

3.2. Implementation of the NH₃ Emission Estimations Approach in EU Countries

According to Commission Implementing Decision (EU) 2017/302 of 15 February 2017, laying down BAT conclusions under Directive 2010/75/EU of the European Parliament and the Council for intensive poultry or pig farms, three approaches can be taken to monitor NH₃ emissions.

The first approach is to estimate annual NH₃ emissions using emission factors. Emission factors are designed according to national or international protocols. The total annual NH₃ emissions estimate is calculated from animal occupancy and multiplied by the emission factor for the corresponding animal category. Countries that use their national protocols to determine emission factors are listed below. Individual countries determine the emission factors based on experimental measurements, scientific studies, and outputs from research institutes.

Table 2. NH₃ emission factors for selected livestock in kg NH₃∙animal place⁻¹∙year⁻¹.

Livestock	Manure Type	DK	GE	IT	NL	FI	GB	CR
Dairy cows	Slurry	13.55	67.05	44.44	11.70	29.46	29.34	24.50
	Manure
Other cattle	Slurry	3.44	26.71	20.43	4.30	11.66	13.17	14.50
	Manure							13.70
Fattening pigs	Slurry	1.22	9.54	5.09	1.00	4.91	6.76	8.30/5.50 1
	Manure
Sows	Slurry			10.52		10.47	7.95	11.90/19.70 2
	Manure
	Outdoors
Laying hens	Litter	0.21	0.62	0.22	0.13	0.25	0.25	0.27
	Droppings	-
Broilers	Litter	0.07	0.26	0.15	0.03	0.18	0.42	0.21
Turkeys	Litter	0.52	1.44	0.35	0.97	0.29	0.66	0.73
Ducks	Litter	0.01	0.31		0.20	0.20	0.24
Geese	Litter		0.39

¹ piglets; ² gestating sows.

shows the total emission factors, consisting of sub-emission factors representing housing, storage, and landspreading. EU countries have different approaches to setting emission factors. Germany has set high emission factors compared to the Netherlands, which has emission factor values defined at low levels. The Czech Republic is currently reviewing its emission factors to refine them. The member states that follow the methodology for determining emission factors are:

• Czech Republic (CR) [139];
• Denmark (DK) [140];
• Germany (GE) [141];
• Great Britain (GB) [142];
• Finland (FI) [58];
• Italy (IT) [143]
• Netherlands (NL) [144].

The second approach is to estimate annual NH₃ emissions using a mass balance based on excluding total nitrogen or TAN at different stages of manure handling. The NH₃ emissions are estimated by the amount of nitrogen excreted by each animal category, and by using the total nitrogen or TAN flux and the leaching coefficients for each phase of manure handling (housing, storage, and landspreading). The leaching coefficients are determined according to national or international protocols—the countries listed below use the international Tier methodology, Tier 1 and Tier 2.

The member states that set values using the Tier 1 methodology:

• Austria;
• Bulgaria;
• Greece;
• Lithuania;
• Malta.

The member states following the Tier 2 methodology:

• Belgium (Wallonia Region);
• Croatia;
• Ireland;
• Latvia;
• Poland;
• Portugal;
• Republic of Cyprus;
• Romania;
• Slovak Republic;
• Slovenia;
• Spain;
• Sweden.

Countries that use a combination of Tier 1 and Tier 2 methodologies with respect to livestock category:

• Estonia;
• Hungary.

The overview shows that most countries using mass balance estimation of annual NH₃ emissions use the international Tier by EMEP/EEA methodology and preferably use the Tier 2 methodology. The authors of the paper could not find any supporting evidence that would indicate the approach of Luxembourg.

France has developed a methodology which specifically states factor emissions from farms, storage, and manure application, and only then is the total NH₃ emissions recalculated [61]. In the Flemish Region of Belgium, an own methodology is also applied, which is called RAV (Regeling Ammoniak en veehouderij) [32].

Estimating annual NH₃ emissions by calculation using emission factors and estimation using mass balance can be reduced by the percentage of the functionality of the BAT used in the farms to reduce NH₃ emissions. These BATs and their percentage effectiveness in reducing NH₃ emissions can be found in Directive 2010/75/EU of the European Parliament and of the Council, the BAT conclusions of Directive 2010/75/EU, and national or international protocols approved in the country concerned.

Another approach for determining NH₃ emissions is to calculate them from NH₃ concentration and air ventilation rates. NH₃ is monitored for at least six days over one year. These days are determined by animal category. Due to this method’s financial cost and time consumption, it is rarely used to measure annual emissions. This approach is mainly used to compare and verify the previous two approaches and also to verify the effectiveness of BAT.

To refine the measurements and address some key knowledge gaps in NH₃ emissions, the LowAmmo project was established in Ireland. The LowAmmo project involves measuring, modeling, and abating NH₃ emissions from livestock farms [86,145]. In the Czech Republic, the Ministry of Agriculture monitors NH₃ emissions in selected intensive livestock farms in this way every year.

4. Conclusions

The study reviewed EU countries’ approaches to estimating NH₃ emissions and implementing IPPC in their laws and decrees. Most countries accepted the European Commission’s proposal and retained the recommended threshold for placing farms under IPPC (space for more than 40,000 poultry, 2000 fattening pigs weighing more than 30 kg, or 750 sows). Differences were found in approaches to estimating NH₃ emissions. The most widely used approach was to estimate emissions using a mass balance based on excluding total nitrogen or TAN at different stages of manure handling. In this approach, EU countries differentiate themselves by using methodologies Tier 1 and Tier 2. The estimation approach using emission factors is also popular. However, there is a difference in the determination of the relevant emission factors between EU countries. This is mainly due to differences in breeding technology, breeds or climatic conditions. From the information provided in this review, it can be argued that, despite their different approaches, EU country leaders are interested in using approaches and methodologies that reflect the realities in their countries, in particular, to estimate annual NH₃ emissions.

When issuing integrated permits for new or existing farms, it is essential to consider all environmental components. It is essential to avoid disputes with residents in the vicinity of farms. A particular issue is dealing with people’s complaints about odours from intensive livestock farming and the application of manure (landspreading). Odour emissions are influenced not only by the distance of farms from inhabited areas but also by breeding technology, animal category, the use of BAT, climatic conditions, the time of year, the prevailing wind direction, or the terrain. By appropriate measures and approaches implemented in the integrated permit, these disputes can be avoided.

A major challenge in monitoring NH₃ emissions from intensive livestock farms is to refine the methodology for estimating annual NH₃ emissions. Some emission factors and approaches may already be outdated or inadequate due to animal breeding and feed conversion, new housing technologies, and BAT technologies used in the farms.

On the basis of the current revision (April 2022) of Directive 2010/75/EU of the European Parliament and the Council on industrial emissions (Directive IED), a reduction in the thresholds for pig and poultry numbers and an extension of the cattle category are being considered. The implementation of the Directive is planned for 2030. This modification and the introduction of the associated BAT are expected to reduce NH₃ emissions by 128 kt∙year⁻¹. This will have significant benefits for the environment and human health.