Amended proposal for a European Parliament and Council Directive on the incineration of waste
30. 5. 2000 EN Official Journal of the European Communities C 150 E/1 II (Preparatory Acts) COMMISSION Amended proposal for a European Parliament and Council Directive on the incineration of waste (1) (2000/C 150 E/01) (Text with EEA relevance) COM(1999) 330 final - 98/0289(COD) (Submitted by the Commission in accordance with Article 250(2) of the EC Treaty on 13 July 1999) (1) OJ C 372, 2. 12. 1998. INITIAL PROPOSAL AMENDED PROPOSAL THE COUNCIL OF THE EUROPEAN UNION, THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 130s(1) thereof, Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof, Having regard to the proposal from the Commission, Unchanged Having regard to the Opinion of the Economic and Social Committee, Having regard to the Opinion of Regions, the Committee of the Acting in accordance with the procedure laid down in Article in cooperation with the European 189c of Parliament, the Treaty, Acting in accordance with the procedure laid down in Article 251 of the Treaty, Unchanged the fifth Environment Action Programme: (1) Whereas Towards sustainability - A European Community programme of policy and action in relation to the environment and sustainable development (1) sets as an objective áno exceedance ever of critical loads and levelsí (NOx), of certain pollutants sulphur dioxide (SO2), heavy metals and dioxins while in terms of air quality the objective is that áall people should be effectively protected against recognised health risks from Air Pollutioní; whereas that Programme further sets as an objective a 90 % reduction of dioxin emissions of identified sources by 2005 (1985 level)í and áat least 70 % reduction from all pathways of cadmium (Cd), mercury (Hg) and lead (Pb) emissions in 1995í; such as nitrogen oxides ___________ (1) OJ C 138, 17. 5. 1993, p. 5. C 150 E/2 EN Official Journal of the European Communities 30. 5. 2000 INITIAL PROPOSAL AMENDED PROPOSAL Economic Commission for (2) Whereas the Protocol on persistent organic pollutants signed by the Community within the framework of the Europe United Nations (UN-ECE) Convention on long-range transboundary air pollution sets the and furans of 0,1 ng/m3 TE emission of dioxins (Toxicity Equivalents) for installations burning more than 3 tonnes per hour of municipal solid waste, 0,5 ng/m3 TE for installations burning more than 1 tonne per hour of medical solid waste, and 0,2 ng/m3 TE burning more than 1 tonne per hour of hazardous waste; legally binding limit values for (3) Whereas the Protocol on Heavy Metals signed by the Community within the framework of the United Nations Economic Commission for Europe (UN-ECE) Convention on Long-Range Transboundary Air Pollution sets legally binding limit values for the emission of particulate of 10 mg/m3 for hazardous and medical waste incineration and for the emission of mercury of 0,05 mg/m3 for for hazardous waste municipal waste incineration; incineration and 0,08 mg/m3 (4) Whereas Council 89/369/EEC (1) and Directives 89/429/EEC (2) on the prevention and reduction of air pollution from municipal waste incineration plants contributed to the reduction and control of atmospheric from incineration plants; whereas more emissions stringent adopted and those rules Directives should accordingly be repealed; should now be (4a) Whereas Council Directive 94/67/EC on the incineration of hazardous waste also contributed to the reduction and control of atmospheric from incineration plants; whereas harmonised standards and a single text improve legal clarity and enforce- on incineration will ability; emissions (4b) Whereas the substance and structure of Council Directive 94/67/EC are fully taken into account in this Directive; (4c) Whereas the approach provided for in Annex II will ensure that similar standards apply to incineration and co-incineration; (4d) Whereas the introduction of emission limit values for the discharge of waste water from the cleaning of exhaust gases from incineration and co-incineration plants will prevent a transfer of pollutants from the air into water; ___________ (1) OJ L 163, 14. 6. 1989, p. 32. (2) OJ L 203, 15. 7. 1989, p. 50. 30. 5. 2000 EN Official Journal of the European Communities C 150 E/3 INITIAL PROPOSAL AMENDED PROPOSAL (5) Whereas, in accordance with the principle of subsidiarity and the principle of proportionality as set out in Article 3b of the Treaty, the objective of reducing emissions from incineration and co-incineration plants cannot be achieved effectively by Member States acting individually; whereas unconcerted action offers no guarantee of achieving the desired objective; whereas, in view of the need to reduce emissions across the Community, it is more effective to take action at the level of the Community; whereas this Directive confines itself to minimum requirements for incineration and co-incineration plants; (5) Whereas, in accordance with the principle of subsidiarity and the principle of proportionality as set out in Article 5 of the Treaty, the objective of reducing emissions from incineration and co-incineration plants cannot be achieved effectively by Member States acting individually; whereas unconcerted action offers no guarantee of achieving the desired objective; whereas, in view of the need to reduce emissions across the Community, it is more effective to take action at the level of the Community; whereas this Directive confines itself to minimum requirements for incineration and co-incineration plants; the importance of Community (6) Whereas Council Resolution 97/C 76/01 of 24 February 1997 (1) on a Community strategy for waste management underlines criteria concerning the use of waste, the need for appropriate emission standards to apply to incineration facilities, the need for monitoring measures to be envisaged for existing incineration plants, and the need for the Commission to consider amending Community legislation in relation to the incineration of waste with energy recovery in order to avoid large-scale movements of waste in the Community; Unchanged review of (6a) Whereas the Communication from the Commission on the the Community Strategy for Waste Management (COM(96) 399 final) assigns prevention of waste the first priority, followed by reuse and recovery and finally by safe disposal of waste; Whereas, in its Resolution of 24 February 1997 on a Community Strategy for waste management (OJ C 76 of 11. 3. 1997, p. 1), the Council reiterated its conviction that waste prevention should be the first priority of any rational waste policy in relation to minimising waste production and the hazardous properties of waste; (6b) Whereas the between hazardous distinction in emissions; whereas and is based principally on the non-hazardous waste properties of waste prior to incineration but not on differences there should be a single directive for the incineration of hazardous and non-hazardous waste; whereas the same limit values should apply to the incineration of hazardous and non-hazardous waste but different monitoring measures upon reception of waste should be retained; recovery and therefore the same strict (7) Whereas the rules of the Internal Market apply for wastes for rules are necessary for all plants incinerating waste in order to avoid transboundary movements to plants operating at lower costs due to less stringent environmental standards; Unchanged ___________ (1) OJ C 76, 11. 3. 1997, p. 1. C 150 E/4 EN Official Journal of the European Communities 30. 5. 2000 INITIAL PROPOSAL AMENDED PROPOSAL (8) Whereas Council Directive 96/61/EC of 24 September 1996 (1) sets out an integrated approach to pollution in which all the aspects of an prevention and control installation’s environmental performance are considered in an integrated manner; whereas installations for the incineration capacity of municipal waste with exceeding 3 tonnes per hour and installations for the disposal and recovery of hazardous waste with a capacity exceeding 10 tonnes per day are included within the scope of the Directive 96/61/EC; a (9) Whereas this Directive values sets according to Article 18 of Directive 96/61/EC as well as operating conditions and emission limits for all plants incinerating waste in order to ensure a high level of environmental protection; emission limit (10) Whereas compliance with the emission limit values laid down by this Directive should be regarded as a necessary but not sufficient condition for compliance with the requirements of Directive 96/61/EC regarding the use of best available techniques; whereas such compliance may involve more stringent emissions limit values, emission limit values for other substances and other media, and other appropriate conditions; (11) Whereas industrial experience in the implementation of techniques for the reduction of polluting emissions from incineration plants has been acquired over a period of ten years; (12) Whereas Article 4 of Council Directive 75/442/EEC of 15 July 1975 on waste (2), as last amended by Commission Decision 96/350/EC (3), requires Member States to take the necessary measures is recovered or disposed of without endangering human health and without harming the environment; whereas, to this end, Article 9 of that Directive provides that any plant or undertaking treating waste must obtain a permit from the competent authorities relating, inter alia, to the precautions to be taken; that waste to ensure (13) Whereas the purpose of the incineration plants estab- lished and operated in accordance with this Directive is to reduce the pollution-related risks of waste through a process of to the waste and to reduce the quantity and volume of produce residues that can be recycled or disposed of safely; treatment, especially oxidation, thermal (14) Whereas Article 129 of the Treaty requires that human health requirements should form a constituent part of other Community policies; whereas, further, Article 130r provides that Community policy on the environment is to contribute to protecting human health; (14) Whereas Article 152 of the Treaty requires that human health requirements should form a constituent part of other Community policies; whereas, further, Article 174 provides that Community policy on the environment is to contribute to protecting human health; ___________ (1) OJ L 257, 10. 10. 1996, p. 26. (2) OJ L 194, 25. 7. 1975, p. 39. (3) OJ L 135, 6. 6. 1996, p. 32. 30. 5. 2000 EN Official Journal of the European Communities C 150 E/5 INITIAL PROPOSAL AMENDED PROPOSAL (15) Whereas, therefore, and maintaining a high level of environmental protection and human health protection requires the operating setting conditions and emission limit values for waste incin- eration plants within the Community; whereas the limit values set should contribute to reducing negative effects on the environment and to minimising adverse effects on human health; appropriate of Unchanged (15a) Whereas the precautionary principle provides the basis for going beyond quality-based measures; (16) Whereas high-standard measurement required to monitor emissions with the emission limit values for the pollutants; are techniques to ensure compliance Unchanged (17) Whereas integrated protection of the environment against emissions resulting from the thermal treatment of waste is required; whereas, aqueous waste resulting from the cleaning of exhaust gases should therefore be discharged only after separate treatment, in order to limit a transfer of pollution from one environmental medium to another; (18) Whereas provisions should be laid down for cases where the emission limit values are exceeded as well as for technically or failures of the purification devices; disturbances unavoidable stoppages, (19) Whereas the co-incineration of waste in plants not primarily intended to incinerate waste should not be allowed to cause higher emissions of polluting substances in that part of the exhaust gas volume resulting from such co-incineration and should therefore be subject to appro- priate limitations; (20) Whereas the Member States should lay down rules on penalties applicable to infringements of the provisions of this Directive and ensure that they are implemented; whereas those penalties must be effective, proportionate and dissuasive, HAS ADOPTED THIS DIRECTIVE: HAVE ADOPTED THIS DIRECTIVE: Article 1 Objectives Unchanged in particular The aim of this Directive is to prevent or, where that is not practicable, to reduce as far as possible negative effects on the environment, soil, to surfacewater and groundwater, and the resulting risks human health, from the incineration and co-incineration of waste and, to that end, to set up and maintain appropriate operating conditions and emission limit values for waste incin- eration and co-incineration plants within the Community. the pollution of air, C 150 E/6 EN Official Journal of the European Communities 30. 5. 2000 INITIAL PROPOSAL AMENDED PROPOSAL Article 2 Scope This Directive covers incineration and co-incineration 1. plants. The following plants shall however be excluded from the 2. scope of this Directive: (a) Plants only treating the following wastes: (i) waste falling within the scope of Council Directive 94/67/EC, (ii) agriculture and forest residues and wood with the that may contain halogenic exception of organic compounds or heavy metals as a result of treatment, those (i) agriculture and forest residues and wood with the that may contain halogenic exception of organic compounds or heavy metals as a result of treatment, those (iii) waste excluded of Directive 75/442/EEC pursuant to Article 2(1) of that Directive, from the scope (ii) waste excluded of Directive 75/442/EEC pursuant to Article 2(1) of that Directive, from the scope (iv) waste resulting from the exploration for and the exploitation of oil and gas resources from off-shore installations and incinerated on board; (iii) waste resulting from the exploration for and the exploitation of oil and gas resources from off-shore installations and incinerated on board; (b) Plants which treat less than 10 tonnes per year of Unchanged non-municipal waste only. Article 3 Definitions For the purposes of this Directive: 1. áwasteí means any solid or liquid waste as defined in Article 1(a) of Directive 75/442/EEC; 1. (a) áhazardous wasteí means any solid or liquid waste as defined in Article 1(4) of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste. 2. áincineration plantí means any stationary or mobile technical unit and equipment dedicated to the thermal treatment of wastes with or without recovery of the combustion heat generated. This includes the incineration by oxidation of wastes as well as pyrolysis, gasification or other thermal treatment processes, such as plasma process in so far as the products of the treatment are subsequently incinerated; Unchanged 30. 5. 2000 EN Official Journal of the European Communities C 150 E/7 INITIAL PROPOSAL AMENDED PROPOSAL the site and the entire plant This definition covers incineration lines, waste reception, storage, including all fuel- and facilities; on site pre-treatment air-supply systems; the boiler; facilities for treatment or storage of the residues, exhaust gas and waste water; the stack; devices and systems for controlling incineration operations, incineration conditions; and monitoring its waste-, recording 3. áco-incineration plantí means a plant whose main purpose is the generation of energy or production of material products and which uses wastes as a regular or additional fuel 3. áco-incineration plantí means any stationary or mobile plant whose main purpose is the generation of energy or production of material products and which thermally treats wastes with the exception of treatments dedicated to the recovery of the metal content of the waste and to the cleaning of tools. the site and the entire plant This definition covers incineration lines, waste reception, storage, including all on site pre-treatment fuel- and facilities; air-supply systems; the boiler; facilities for treatment or storage of the residues, exhaust gas and waste water; the stack; devices and systems for controlling incineration operations, incineration conditions; and monitoring its waste-, recording Unchanged 4. 5. áexisting incineration or co-incineration plantí means a plant in operation and complying with relevant existing national and Community legislation or, in accordance with legislation existing before the date specified in Article 21, a plant which is authorised or registered or in the view of the competent authority the subject of a full request for authorisation, provided that the plant is put into operation no later the date specified in Article 21; than one year after áemissioní means release of substances, vibrations, heat or noise from individual or diffuse sources in the plant into the air, water or soil; the direct or indirect 6. áemission limit valuesí means the mass, expressed in terms of certain specific parameters, concentration and/or level of an emission, which may not be exceeded during one or more periods of time; 7. ádioxins and furansí means all polychlorinated dibenzo- p-dioxins and dibenzofurans listed in Annex I; C 150 E/8 EN Official Journal of the European Communities 30. 5. 2000 INITIAL PROPOSAL AMENDED PROPOSAL 8. 9. 10. áoperatorí means any natural or legal person who operates or controls the plant or, where this is provided for in to whom decisive economic power national over the plant has been functioning of delegated; legislation, the technical ápermití means such decisions) granting authorisation to operate all or part of a plant; a written decision (or several from gas treatment; fly ash and boiler dust; (including áresidueí means any liquid or solid material solid bottom ash and slag; reaction products sewage sludge from the treatment of waste waters; spent catalysts and spent activated carbon) defined as waste in Article 1(a) of Directive 75/442/EEC, which is generated by the incin- eration or co-incineration process, the exhaust gas or waste water treatment or other processes within the incin- eration or co-incineration plant. Article 4 Application and Permit No incineration or co-incineration plant shall operate 1. without a permit. 2. Without prejudice to Directive 96/61/EC, the application for a permit by an incineration or co-incineration plant to the competent authority shall include a description of the measures which are envisaged to guarantee that: (a) the plant is designed, equipped and will be operated in such a manner that the requirements of this Directive are met; (b) the heat generated during the incineration process is recovered as far as possible; (c) the residues will be prevented, reduced or recycled as far as possible; (d) the disposal of the residues which cannot be prevented, in conformity reduced or recycled will be carried out with national and Community legislation. The permit shall be granted only if the application shows 3. that the proposed measurement techniques for emissions into the air comply with Annex III. The permit granted by the competent authority to an 4. incineration or co-incineration plant shall: (a) list explicitly the categories of wastes, according to the European Waste Catalogue (EWC) which may be treated; 30. 5. 2000 EN Official Journal of the European Communities C 150 E/9 INITIAL PROPOSAL AMENDED PROPOSAL (b) include the total waste incinerating capacity of the plant; (c) specify the sampling and measurement procedures used to satisfy the obligations imposed for periodic measurements of each air and water pollutants. The permit granted by the competent authority to an 4a. incineration or co-incineration plant using hazardous waste shall in addition to paragraph 4 above: (a) list the quantities of the different categories of hazardous waste which may be treated; (b) specify the minimum and maximum mass flows of those hazardous wastes, lowest and maximum calorific values and their maximum contents of pollutants, e. g. PCB, PCP, chlorine, fluorine, sulphur, heavy metals. their The procedure for granting permits for mobile plants 5. shall be determined by Member States. Unchanged Article 5 Delivery and Reception of Waste The operator of the incineration or co-incineration plant shall take all necessary precautions concerning the delivery and reception of waste in order to prevent or, where not prac- ticable, to reduce as far as possible negative effects to the soil, environment, surfacewater and groundwater as well as odours and noise, and direct risks to human health. the pollution of in particular air, 1. The operator of the incineration or co-incineration plant shall take all necessary precautions concerning the delivery and reception of waste in order to prevent negative effects to the environment, soil, surfacewater and groundwater as well as odours and noise, and direct risks to human health. the pollution of in particular air, The operator shall determine the mass of each category of the waste, according to the EWC-catalogue, prior to accepting the waste at the incineration or co-incineration plant. The operator shall determine the mass of each category 2. of to the waste, according to the EWC-catalogue, prior accepting the waste at the incineration or co-incineration plant. Prior to accepting hazardous waste at the incineration or shall have available a 3. co-incineration plant, description of the waste covering: the operator - the physical, and as far as practicable, composition of the waste and all to evaluate its suitability for process, the chemical information necessary the intended incineration - the hazard characteristics of the waste, the substances with which it cannot be mixed, and the precautions to be taken in handling the waste. Prior to accepting hazardous waste at the incineration or reception 4. co-incineration plant, procedures shall be carried out by the operator: following least the at C 150 E/10 EN Official Journal of the European Communities 30. 5. 2000 INITIAL PROPOSAL AMENDED PROPOSAL - the checking of those documents required by Directive 91/689/EEC and, where applicable, those required by Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community and by dangerous goods transport regulations, - the taking of representative samples, unless inappropriate, as far as possible before unloading, to verify conformity with the description provided for in paragraph 3 by carrying out controls and to enable the competent auth- orities to identify the nature of the wastes treated. These samples shall be kept for at least one month after the incineration. The competent authorities may grant exemptions for industrial plants and undertakings incinerating or co-incinerating only their own waste at the waste provided that the same level of protection is met and that the values are not needed for the calculations pursuant to Annex II. the place of production of 5. The competent authorities may grant exemptions from paragraphs 2, 3 and 4 for industrial plants and undertakings incinerating or co-incinerating only their own waste at the the same place of production of level of protection is met and that the values are not needed for the calculations pursuant to Annex II. the waste provided that Article 6 Operating Conditions 1. Incineration plants shall be operated in order to achieve a level of incineration such that the Total Organic Carbon (TOC) of the slag and bottom ashes is less than 3 % of the dry weight of the material. If necessary appropriate techniques of waste pre-treatment shall be used. 1. Incineration plants shall be operated in order to achieve a level of incineration such that the Total Organic Carbon (TOC) of the slag and bottom ashes is less than 3 % or their loss on ignition is less than 5 % of the dry weight of the material. If necessary appropriate techniques of waste pre-treatment shall be used. All incineration plants shall be designed, equipped, built and operated in such a way that the gas resulting from the process in a is raised, after the last the controlled and homogeneous fashion and even under most unfavourable conditions, least to a temperature of at 850 °C, as measured near the inner wall of the combustion chamber, for at least two seconds. injection of combustion air, the last injection of combustion air, All incineration plants shall be designed, equipped, built and operated in such a way that the gas resulting from the process in a is raised, after the controlled and homogeneous fashion and even under most unfavourable conditions, least to a temperature of at 850 °C, as measured near the inner wall of the combustion chamber, for at least two seconds. If hazardous wastes with a content of more than 1 % of halogenated organic substances, expressed as chlorine, are incinerated, the temperature has to be raised to at least 1 100 °C. All incineration plants shall be equipped with auxiliary burners. These burners must be switched on automatically when the temperature of the combustion gases after the last injection of combustion air falls below 850 °C. They shall also be used during plant start-up and shut-down operations in order to ensure that the temperature of 850 °C is maintained at all times during these operations and as long as unburned waste is in the combustion chamber. All incineration plants shall be equipped with auxiliary burners. These burners must be switched on automatically when the temperature of the combustion gases after the last injection of combustion air falls below 850 °C or 1 100 °C respectively. They shall also be used during plant start-up and shut-down operations in order to ensure that the temperature of 850 °C or 1 100 °C respectively is maintained at all times during these operations and as long as unburned waste is in the combustion chamber. 30. 5. 2000 EN Official Journal of the European Communities C 150 E/11 INITIAL PROPOSAL AMENDED PROPOSAL During start-up and shut-down or when the temperature of the combustion gas falls below 850 °C, the auxiliary burners shall not be fed with fuels which can cause higher emissions than those resulting from the burning of gasoil, as defined in Article 1(1) of Council Directive 75/716/EEC, liquefied gas or natural gas. During start-up and shut-down or when the temperature of the combustion gas falls below 850 °C or 1 100 °C respectively, the auxiliary burners shall not be fed with fuels which can cause higher emissions than those resulting from the burning of gasoil, as defined in Article 1(1) of Council Directive 75/716/EEC, liquefied gas or natural gas. All co-incineration plants shall be designed, equipped, 2. built and operated in such a way that the gas resulting from the co-incineration of waste is raised in a controlled and homo- geneous the most unfavourable conditions, to a temperature of at least 850 °C for at least two seconds. fashion and even under Unchanged Incineration and co-incineration plants shall have and 3. operate an automatic system to prevent waste feed: (a) at start-up, until the temperature of 850 °C has been reached; (b) whenever the temperature of 850 °C is not maintained; (c) whenever the continuous measurements required by this Directive show that any emission limit value is exceeded due to disturbances or failures of the purification devices. 4. Conditions different from those laid down in paragraph 1 and specified in the permit for certain categories of waste or for certain thermal processes may be authorised by the competent authority. The change of the operational conditions shall not cause more residues or residues with a higher content of organic pollutants compared to those, which could be expected under the conditions laid down in paragraph 1. Conditions different from those laid down in paragraph 2 and specified in the permit for certain categories of waste or for certain thermal processes may be authorised by the competent authority. Such authorisation shall be conditional upon at least the provisions for emission limit values set out in Annex V for total organic carbon and CO being complied with. All operating conditions determined under this paragraph and the results of verifications made shall be communicated to the Commission as part of the information provided in accordance with the reporting requirements. C 150 E/12 EN Official Journal of the European Communities 30. 5. 2000 INITIAL PROPOSAL AMENDED PROPOSAL All 5. shall be incineration and co-incineration plants designed, equipped, built and operated in such a way as to into the air giving rise to significant prevent emissions ground-level air pollution; in particular, exhaust gases shall be discharged in a controlled fashion and in conformity with Community and other relevant air quality standards by means of a stack the height of which is calculated in such a way as to safeguard human health and the environment. Any heat generated by the incineration or co-incineration process shall be recovered as far as possible. Article 7 Air Emission Limit Values 1. Incineration plants shall be designed, equipped, built and operated in such a way that the emission limit values set out in Annex V are not exceeded in the exhaust gas: 2. Co-incineration plants shall be designed, equipped, built and operated in such a way that the emission limit values determined according to or set out in Annex II are not exceeded in the exhaust gas. The results of 2. to verify compliance with the emission limit values shall be standardised with respect to the conditions laid down in Article 11. the measurements made The results of 3. to verify compliance with the emission limit values shall be standardised with respect to the conditions laid down in Article 11. the measurements made 3. Where wastes are co-incinerated, values as determined pursuant to Annex II shall apply. the emission limit Deleted In the case of co-incineration of untreated, mixed 4. municipal waste, paragraph 3 shall not apply. Unchanged 5. If waste falling within the scope of Directive 94/67/EC is co-incinerated or incinerated in the same plant as waste falling within the scope of this Directive, the emission limit values set out in Annexes II, IV and V to this Directive, respectively, shall apply with respect to the total amount of waste. As regards other requirements, the stricter of the provisions of Directive 94/67/EC or this Directive shall apply. Deleted 6. Notwithstanding paragraphs 3 and 5, if more than 40 % of the resulting heat release in a plant referred to in paragraph 5 comes from waste falling within the scope of Directive 94/67/EC, the emission limit values set out in Annex V to this Directive shall apply. Article 8 Water Discharges Unchanged Any waste water discharged from an incineration or 1. co-incineration plant shall be subject to a permit. 30. 5. 2000 EN Official Journal of the European Communities C 150 E/13 INITIAL PROPOSAL AMENDED PROPOSAL 2. Discharges to the aquatic environment of waste water resulting from the cleaning of exhaust gases shall be limited as far as possible. 3. Subject to a specific provision in the permit, the waste water from the cleaning of exhaust gases may be discharged after separate treatment on condition that: (a) the requirements of relevant Community, national and local provisions are complied with in the form of emission limit values; and (b) the mass concentrations of the polluting substances referred to in Annex IV do not exceed the emission limit values laid down therein. 4. The emission limit values shall apply at the point where the polluting substances referred to in Annex IV are discharged from the incineration or co-incineration plant. Where the waste water from the cleaning of exhaust gases is treated collectively with other on-site sources of similar waste water, the operator shall take the measurements referred to in Article 11: (a) on the waste water stream from the exhaust gas cleaning processes prior to its input into the collective waste water treatment plant; (b) on the other waste water stream or streams prior to its or their input into the collective waste water treatment plant; (c) at the point of final waste water discharge, after the treatment, from the incineration plant. The operator shall take appropriate mass balance calculations in order to determine the emission levels in the final waste water discharge that can be attributed to the waste water arising from the cleaning of exhaust gases in order to check compliance with the emission limit values set out in Annex IV. The competent authorities 5. in no instance does dilution of waste waters occur by mixing different waste water streams or otherwise, except where such mixing is part of a process duly licensed under the waste management licensing regulations. shall ensure that 6. The permit shall: (a) establish emission limit values for organic or inorganic polluting substances in accordance with paragraph 2 and in order to meet the requirements referred to in paragraph 3(a); (b) set operational control parameters at least for temperature and flow. C 150 E/14 EN Official Journal of the European Communities 30. 5. 2000 INITIAL PROPOSAL AMENDED PROPOSAL Incineration and co-incineration plant sites, 7. including associated storage areas for wastes, shall be designed and the release of any operated in such a way as to prevent polluting substances into soil and groundwater in accordance with the provisions of Council Directive 80/68/EEC (1). Moreover, storage capacity shall be provided for rainwater run-off from the incineration plant site or for contaminated water arising from spillage or fire-fighting operations. The storage capacity shall be adequate to ensure that such waters can be tested and treated before discharge where necessary. Article 9 Residues Residues resulting from the operation of the incineration or co-incineration plant shall be prevented or at least minimised in their amount and harmfulness. Residues shall be recycled as far as possible directly in the plant or outside in accordance with relevant Community legislation and national provisions. Transport and intermediate storage of dry residues in the form of dust, such as boiler dust and dry residues from the treatment of combustion gases, shall take place in the form of e. g. closed containers. Transport and intermediate storage of dry residues in the form of dust, such as boiler dust and dry residues from the treatment of combustion gases, shall take place such a way as to prevent dispersal in the environment, for example in closed containers. Prior to determining the routes for the disposal or recycling of the residues from incineration and co-incineration plants, appropriate tests shall be carried out to establish the physical and chemical characteristics and the polluting potential of the different incineration residues. The analysis shall concern in particular the total soluble fraction and heavy metals soluble fraction. Unchanged Article 10 Control and Monitoring Measurement equipment shall be installed and techniques used in order to monitor the parameters, conditions, mass concen- trations and flows of the pollutants relevant to the incineration or co-incineration process. The measurement requirements shall be laid down in the permit or in the conditions attached to the permit issued by the competent authorities. ___________ (1) OJ L 20, 26. 1. 1980, p. 43. 30. 5. 2000 EN Official Journal of the European Communities C 150 E/15 INITIAL PROPOSAL AMENDED PROPOSAL The appropriate installation and the functioning of the automated monitoring equipment for emissions into air and water shall be subject to control and to an annual surveillance test by means of parallel measurements with the reference methods once a year. The location of the sampling or measurement points shall be agreed with the competent authority. Periodic measurements of the emissions into the air and water shall be carried out in accordance with Annex III, point 1. Article 11 Measurement Requirements 1. Member States shall, either by specification in the conditions of the permit or by general binding rules, ensure that paragraphs 2 to 12, as regards air, and paragraphs 14 to 17, as regards water, are complied with. 2. The following measurements of air pollutants shall be carried out in accordance with Annex III at the incineration and co-incineration plant: (a) continuous measurements of the following substances: CO, total dust, TOC, HCl, HF, SO2, NOx; (b) continuous measurements following process operation parameters: temperature near the inner wall of of oxygen, the pressure, the exhaust gas; temperature and water vapour content of concentration combustion chamber, the of (c) at least two measurements per year of heavy metals, dioxins and furans; one measurement every three months shall however be carried out the first 12 months of for operation. (c) at least two measurements per year of heavy metals, dioxins and furans; one measurement every three months shall however be carried out the first 12 months of for operation. If more than one type of routine operation is allowed in the permit, than the most unfavourable routine operating conditions must be adequately represented during the periodic measurements. Within the permitted range, raw materials and fuels must be selected in such a way that measurements case conditions. are performed under worst 3. The residence time as well as the minimum temperature and the oxygen content of the exhaust gases shall be subject to appropriate verification, at least once when the incineration or co-incineration plant is brought into service and under the most unfavourable operating conditions anticipated. Unchanged The continuous measurement of HF may be omitted if the is not being exceeded. In this to periodic 4. treatment stages for HCl are used which ensure that emission limit value for HCl case the emissions of HF shall be subject measurements as laid down in paragraph 2(c). C 150 E/16 EN Official Journal of the European Communities 30. 5. 2000 INITIAL PROPOSAL AMENDED PROPOSAL The continuous measurement of 5. the water vapour content shall not be required if the sampled exhaust gas is dried before the emissions are analysed. 6. Periodic measurements as laid down in paragraph 2(c) of HCl, HF and SO2 instead of continuous measuring may be authorised by the competent authority in incineration or co-incineration plants, the emissions of those pollutants can under no circumstances be higher than the prescribed emission limit values. the operator can prove that if The results of 7. to verify compliance with the emission limit values shall be standardised at the following conditions: the measurements made (a) Temperature 273 K, pressure 101,3 kPa, 11 % oxygen, dry gas; (b) Temperature 273 K, pressure 101,3 kPa, 3 %, oxygen, dry gas, in case of incineration of waste oil only as defined in Council Directive 75/439/EEC (1); (c) when the wastes are incinerated or co-incinerated in an the oxygen-enriched measurements can be standardised at an oxygen content laid down by the competent authority reflecting the special circumstances of the individual case; atmosphere, results the of (d) in the case of co-incineration, the shall be standardised at a total oxygen results of the measurements content as calculated in Annex II. When the emissions of pollutants are reduced by exhaust gas treatment in an incineration or co-incineration plant treating hazardous waste, to the oxygen contents provided for in the first subparagraph shall be done only if the oxygen content measured over the same period as for the pollutant concerned exceeds the relevant standard oxygen content. the standardisation with respect Unchanged (a) none of the daily average values exceeds any of the emission limit values set out in Annex V(e) first indent, and Annex V(a) or set out or determined according to Annex II; All measurement results shall be recorded, processed and 8. presented in an appropriate fashion in order to enable the competent the permitted operating conditions and emission limit values laid down in this Directive in accordance with procedures to be decided upon by those authorities. compliance with authorities verify to The emission limit values for air shall be regarded as 9. being complied with if: (a) none of the daily average values exceeds any of the emission limit values set out in Annex V(e) first indent, and Annex V(a); ___________ (1) OJ 194, 25. 7. 1975, p. 23. 30. 5. 2000 EN Official Journal of the European Communities C 150 E/17 INITIAL PROPOSAL AMENDED PROPOSAL (b) none of the half-hourly average values exceeds any of the emission limit values set out in Annex V(b); (b) none of the half-hourly average values exceeds any of the emission limit values set out in Annex V(b) or determined according to Annex II; (c) none of the average values over the sample period set out the for heavy metals and dioxins and furans exceeds emission limit values set out in Annex V(c) and (d); (c) none of the average values over the sample period set out the for heavy metals and dioxins and furans exceeds emission limit values set out in Annex V(c) and (d) or set out or determined according to Annex II; (d) the provisions of Annex V(e), the 10-minute average values or half-hourly values for CO determined according to Annex II, are met. second indent or Unchanged (d) the provisions of Annex V(e), second indent are met. 10. The half-hourly average values and the 10-minute averages shall be determined within the effective operating time (excluding the start-up and shut-off periods if no waste is being incinerated) from the measured values after having subtracted the value of the confidence interval specified in point 2 of Annex III. The daily average values shall be determined from those validated average values. To obtain a valid daily average value no more than five half- hourly average values in any day shall be discarded due to malfunction or maintenance of the continuous measurement system. No more than ten daily average values per year shall be discarded due the continuous measurement system. to malfunction or maintenance of 11. The average values over the sample period and, in the case of periodical measurements of HF, the average values for HF shall be determined in accordance with the requirements of Article 10. Should the measurements taken show that the emission 12. limit values laid down in this Directive have been exceeded, the competent authorities shall be informed without delay. The Commission, 13. acting in accordance with the procedure laid down in Article 17, shall decide, as soon as appropriate measurement techniques are available within the Community, the date from which continuous measurements of the air emission limit values for dioxins and heavy metals shall be carried out in accordance with Annex III. The following measurements shall be carried out at the 14. point of waste water discharge (a) continuous measurements of the parameters referred to in Article 8(6)(b); C 150 E/18 EN Official Journal of the European Communities 30. 5. 2000 INITIAL PROPOSAL AMENDED PROPOSAL (b) instantaneous daily measurements of total suspended solids; (c) monthly measurements of representative 24-hour sampling of the polluting substances referred to in Article 8(3) with items 2 to 13 in Annex IV; a (d) at least two measurements per year of dioxins and furans; however one measurement every three months shall be carried out for the first 12 months of operation. 15. The measurements for the determination of concen- trations of water polluting substances in the discharge shall be carried out representatively. 16. The monitoring of the mass of pollutants in the treated waste water shall be done in conformity with Community and national law and laid down in the permit as well as the frequency of the measurements. The measurements shall be carried out according to CEN standards and, if not available, to national standards. The emission limit values for water shall be regarded as 17. being complied with if: (a) no representative 24-hour sampling exceeds the emission limit value set out in Annex IV for total suspended solids, polluting substance number 1; for heavy metals, polluting substances numbers 5 to 13, cadmium and thallium, substance number 3 and 4 and for mercury, substance number 2; (b) the twice-yearly measurements of dioxins and furans do not in Annex IV, exceed the emission limit value set out polluting substance number 14. Article 12 Access to Information and Public Participation in the Permit Procedure Without prejudice to Council Directive 90/313/EEC (1) and Directive 96/61/EC, applications for new permits shall be made available to the public for an appropriate period to enable competent authority reaches a decision. That decision, including at least a copy of the permit, and any subsequent updates, shall also be made available to the public. /td> to comment on them before the it ___________ (1) OJ L 158, 23. 6. 1990, s. 56. 30. 5. 2000 EN Official Journal of the European Communities C 150 E/19 AMENDED PROPOSAL INITIAL PROPOSAL Article 13 Abnormal Operating Conditions The competent authority shall lay down in the permit the maximum permissible period of any technically unavoidable stoppages, disturbances, or failures of the purification devices or the measurement devices, during which the concentrations in the discharges into the air and the purified waste water of the regulated substances may exceed the prescribed emission limit values. In case of a breakdown, the operator shall reduce or close down operations as soon as practicable until normal operations can be restored. The incineration plant or co-incineration plant or incineration line shall under no circumstances continue to incinerate waste for a period of more than four hours uninterrupted where emission limit values are exceeded; moreover, the cumulative duration of operation in such conditions over one year shall be less than 60 hours. The total dust content of the emissions into the air of an incineration plant shall under no circumstances exceed 150 mg/m3 expressed as a half-hourly average; moreover the air emission limit values for CO and TOC shall not be exceeded. All other conditions referred to in Article 6 shall be complied with. Article 14 Permit Review Without prejudice to Directive 96/61/EC, the competent authority shall periodically reconsider and, where necessary, update permit conditions. Article 15 Reporting The reports on the implementation of this Directive shall be established in accordance with the procedure laid down in Article 5 of Council Directive 91/692/EEC (1). The first report shall cover the date the first specified in Article 21. three-year period after full ___________ (1) OJ L 377, 31. 12. 1991, p. 48. C 150 E/20 EN Official Journal of the European Communities 30. 5. 2000 INITIAL PROPOSAL Article 16 Future Adaptation of the Directive AMENDED PROPOSAL The Commission, in accordance with the procedure laid down in Article 17, shall amend Articles 10, 11 and 12 and Annexes I to V in order to adapt them to technical progress or new findings concerning the health benefits of emission reductions. The Commission, in accordance with the procedure laid down in Article 17, shall amend Articles 10, 11 and 13 and Annexes I to V in order to adapt them to technical progress or new findings concerning the health benefits of emission reductions. Article 17 Committee 1. For the purposes of the application of this Directive, the Commission shall be assisted by the Committee established under Article 16 of Directive 94/67/EC. 1. For the purposes of the application of this Directive, the Commission shall be assisted by a Committee composed of the the Member States and chaired by the representatives of representative of the Commission. The representative of the Commission shall submit to the 2. committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The Chairman shall not vote. The representative of the Commission shall submit to the 2. committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 205(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The Chairman shall not vote. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee. Unchanged the measures envisaged are not If in accordance with the opinion of the committee, or if no opinion is delivered, the to the Council a Commission shall, without delay, submit proposal relating to the measures to be taken. The Council shall act by a qualified majority. If, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission. Article 18 Repeal Directives 89/369/EEC and 89/429/EEC and shall be repealed five years after the entry into force of this Directive. Directives 89/369/EEC, 89/429/EEC and 94/67/EC shall be repealed five years after the entry into force of this Directive. 30. 5. 2000 EN Official Journal of the European Communities C 150 E/21 INITIAL PROPOSAL AMENDED PROPOSAL Article 19 Penalties Unchanged to infringements of lay down the rules on penalties The Member States shall applicable the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States to the Commission by the date specified in Article 21 at the latest and shall notify it without delay of any subsequent amendment affecting them. shall notify those provisions Article 20 Transitional Provisions The provisions of this Directive shall apply to existing plants five years after the date of entry into force of this Directive. 1. Without prejudice to the specific transitional provisions provided for under the the Annexes of provisions of this Directive shall apply to existing plants five years after the date of entry into force of this Directive. this Directive, For new plants, i. e. plants not falling under the definition 2. this Directive, which incinerate or of Article 3(4) of co-incinerate hazardous waste, instead of this Directive, Directive 94/67/EC, shall apply from the date mentioned in Article 21(1). Article 21 Bringing into Effect Unchanged 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than two years after its entry into force. They shall forthwith inform the Commission thereof. When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a their official publication. reference on the occasion of Member States shall determine how such reference is to be made. 2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive. Article 22 Entry into Force This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities. Article 23 Addressees This Directive is addressed to the Member States. C 150 E/22 EN Official Journal of the European Communities 30. 5. 2000 ANNEX I EQUIVALENCE FACTORS FOR DIBENZO-p-DIOXINS AND DIBENZOFURANS For the determination of the total concentration (TE) of dioxins and furans the mass concentrations of the following dioxins and dibenzofurans shall be multiplied by the following equivalence factors before summing: 2,3,7,8 1,2,3,7,8 1,2,3,4,7,8 1,2,3,6,7,8 1,2,3,7,8,9 - Tetrachlorodibenzodioxin (TCDD) - Pentachlorodibenzodioxin (PeCDD) - Hexachlorodibenzodioxin (HxCDD) - Hexachlorodibenzodioxin (HxCDD) - Hexachlorodibenzodioxin (HxCDD) 1,2,3,4,6,7,8 - Heptachlorodibenzodioxin (HpCDD) 2,3,7,8 2,3,4,7,8 1,2,3,7,8 1,2,3,4,7,8 1,2,3,6,7,8 1,2,3,7,8,9 2,3,4,6,7,8 1,2,3,4,6,7,8 1,2,3,4,7,8,9 - Octachlorodibenzodioxin (OCDD) - Tetrachlorodibenzofuran (TCDF) - Pentachlorodibenzofuran (PeCDF) - Pentachlorodibenzofuran (PeCDF) - Hexachlorodibenzofuran (HxCDF) - Hexachlorodibenzofuran (HxCDF) - Hexachlorodibenzofuran (HxCDF) - Hexachlorodibenzofuran (HxCDF) - Heptachlorodibenzofuran (HpCDF) - Heptachlorodibenzofuran (HpCDF) - Octachlorodibenzofuran (OCDF) Toxic equivalence factor 1 0,5 0,1 0,1 0,1 0,01 0,001 0,1 0,5 0,05 0,1 0,1 0,1 0,1 0,01 0,01 0,001 30. 5. 2000 EN Official Journal of the European Communities C 150 E/23 DETERMINATION OF EMISSION LIMIT VALUES FOR THE CO-INCINERATION OF WASTE ANNEX II The limit value for each relevant pollutant and carbon monoxide in the exhaust gas resulting from the co-incineration of waste shall be calculated as follows: Vwaste Cwaste ç Vproc Cproc Vwaste ç Vproc ê C Vwaste: exhaust gas volume resulting from the incineration of waste only determined from the waste with the lowest calorific value specified in the permit and standardised at the conditions given by this Directive. Initial proposal Cwaste: emission limit values set for plants intended to incinerate wastes only (at least the emission limit values for the pollutants and carbon monoxide). Amended proposal Cwaste: emission limit values set in Annex V for plants intended to incinerate wastes only (at least the emission limit values for the pollutants and carbon monoxide). Vproc: Cproc: C: exhaust gas volume resulting from the plant process including the combustion of the authorised fuels normally used in the plant (wastes excluded) determined on the basis of oxygen contents at which the emissions must be standardised as laid down in Community or national regulations. In the absence of regulations for this kind of plants, the real oxygen content in the exhaust gas without being thinned by addition of air unnecessary for the process must be used. The standardisation at the other conditions is given in this Directive. emission limit values as laid down in the tables of this annex for certain industrial sectors or in case of the absence of such a table or such values, emission limit values of the relevant pollutants and carbon monoxide in the flue gas of plants which comply with the national laws, regulations and administrative provisions for such plants while burning the normally authorised fuels (wastes excluded). In the absence of these measures the emission limit values laid down in the permit are used. In the absence of such permit values the real mass concentrations are used. total emission limit values as laid down in the tables of this annex for certain industrial sectors and certain pollutants or in case of the absence of such a table or such values total emission limit values for CO and the relevant pollutants replacing the emission limit values as laid down in specific Articles of this Directive. The total oxygen content to replace the oxygen content for the standardisation is calculated on the basis of the content above respecting the partial volumes. II. 1. Special provisions for cement kilns Daily average values (for continuous measurements) Sample periods and other measurement requirements as in Article 7. All values in mg/m3 (Dioxins ng/m3). The results of the measurements made to verify compliance with the emission limit values shall be standardised at the following conditions: 273 K, pressure 101,3 kPa, 10 % oxygen, dry gas, C 150 E/24 EN Official Journal of the European Communities 30. 5. 2000 Original table II. 1. 1. C - total emission limit values Pollutant Total Dust HCl HF NOx Cd + Tl Hg Sb, As, Pb, Cr, Co, Cu, Mn, Ni, V Dioxins and furans Amended table II. 1. 1. C - total emission limit values Pollutant Total Dust HCl HF NOx Cd + Tl Hg Sb, As, Pb, Cr, Co, Cu, Mn, Ni, V Dioxins and furans C 30 10 1 800 0,05 0,05 0,5 0,1 C 30 10 1 800 0,05 0,05 0,5 0,1 Until 1 January 2007, the emission limit value for NOx does not apply to plants co-incinerating hazardous waste only. II. 1. 2. C - total emission limit values for SO2 and TOC: Pollutant SO2 TOC C 50 10 Exemptions may be authorised by the competent authority in cases where TOC and SO2 do not result from the incineration of waste. 30. 5. 2000 EN Official Journal of the European Communities C 150 E/25 II. 1. 3. Emission limit value for CO: Emission limit values for CO can be set by the competent authority. Initial proposal II. 2. Special provisions for large combustion plants Amended proposal II. 2. Special provisions for combustion plants Original table II. 2. 1. Cproc: Cproc for solid fuels expressed in mg/Nm3 (O2 content 6 %): Pollutants 50 to 100 MWth 100 to 300 MWth > 300 MWth SO2 general case 850 850 to 200 200 indigenous fuels or rate of desulphuri- sation ‡ 90 % (linear decrease from 100 to 300 MWth) or rate of desulphuri- sation ‡ 92 % or rate of desulphuri- sation ‡ 95 % NOx Dust 400 50 300 30 200 30 Amended table II. 2. 1. Cproc: Cproc for solid fuels expressed in mg/Nm3 (O2 content 6 %): Pollutants 0 to 100 MWth 100 to 300 MWth > 300 MWth SO2 general case 850 850 to 200 200 indigenous fuels or rate of desulphuri- sation ‡ 90 % (linear decrease from 100 to 300 MWth) or rate of desulphuri- sation ‡ 92 % or rate of desulphuri- sation ‡ 95 % NOx Dust 400 50 300 30 200 30 Until 1 January 2007 and without prejudice to other Community legislation, the emission limit value for NOx does not apply to plants co-incinerating hazardous waste only. C 150 E/26 EN Official Journal of the European Communities 30. 5. 2000 Original table Cproc for biomass (as defined in Council Directive 88/609/EEC as amended) expressed in mg/Nm3 (O2 content 6 %): Pollutants 50 to 100 MWth 100 to 300 MWth > 300 MWth SO2 NOx Dust 200 350 50 200 300 30 200 300 30 Amended table Cproc for biomass (as defined in Council Directive 88/609/EEC as amended) expressed in mg/Nm3 (O2 content 6 %): Pollutants 0 to 100 MWth 100 to 300 MWth > 300 MWth SO2 NOx Dust 200 350 50 200 300 30 200 300 30 Until 1 January 2007 and without prejudice to other Community legislation, the emission limit value for NOx does not apply to plants co-incinerating hazardous waste only. 30. 5. 2000 EN Official Journal of the European Communities C 150 E/27 Original table Cproc for liquid fuels expressed in mg/Nm3 (O2 content 3 %): Pollutants 50 to 100 MWth 100 to 300 MWth > 300 MWth SO2 NOx Dust 850 400 50 850 to 200 (linear decrease from 100 to 300 MWth) 300 30 200 200 30 Amended table Cproc for liquid fuels expressed in mg/Nm3 (O2 content 3 %): Pollutants 0 to 100 MWth 100 to 300 MWth > 300 MWth SO2 NOx Dust 850 400 50 850 to 200 (linear decrease from 100 to 300 MWth) 300 30 200 200 30 Until 1 January 2007 and without prejudice to other Community legislation, the emission limit value for NOx does not apply to plants co-incinerating hazardous waste only. C 150 E/28 EN Official Journal of the European Communities 30. 5. 2000 II. 2. 2. C - total emission limit values: C expressed in mg/Nm3 (O2 content 6 %). All average values over the sample period of a minimum of 30 minutes and a maximum of 8 hours: Pollutant Cd + Tl Hg Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V C 0,05 0,05 0,5 C expressed in ng/Nm3 (O2 content 6 %). All average values measured over the sample period of a minimum of 6 hours and a maximum of 8 hours: Pollutant Dioxins and furans C 0,1 Amended proposal C for solid fuels expressed in mg/Nm3 (O2 content 6 %), C for biomass (as defined in Council Directive 88/609/EEC as amended) expressed in mg/Nm3 (O2 content 6 %), C for liquid fuels expressed in mg/Nm3 (O2 content 3 %): Pollutant HCl HF C 10 1 II. 3. Special provisions for other industrial sectors II. 3. 1. C - total emission limit values: C expressed in ng/Nm3. All average values meeasured over the sample period of a minimum of 6 hours and a maximum of 8 hours: Pollutant Dioxins and furans C 0,1 C expressed in mg/Nm3. All average values over the sample period of a minimum of 30 minutes and a maximum of 8 hours: Pollutant Cd + Tl Hg C 0,05 0,05 30. 5. 2000 EN Official Journal of the European Communities C 150 E/29 ANNEX III Measurement Techniques 1. Sampling and analysis of all pollutants inlcuding dioxins and furans as well as reference measurement methods to calibrate automated measurement systems shall be carried out as given by CEN-standards elaborated on the basis of mandates by the Commission. While awaiting the elaboration of the CEN-stanards, national standards shall apply. 2. At the daily emission limit value level, the values of the 95 % confidence intervals of a single measured result shall not exceed the following percentages of the emission limit values: Carbon monoxide: Sulphur dioxide: Nitrogen dioxide: Total dust: Total organic carbon: Hydrogen chloride: 10 % 20 % 20 % 40 % 30 % 40 % Emission Limit Values for discharges of waste water from the cleaning of exhaust gases ANNEX IV Polluting substances Emission limit values expressed in mass concentrations 1 - Total suspended solids as defined by Directive 91/271/EEC (1) 2 - Mercury and its compounds, expressed as mercury (Hg) 3 - Cadmium and its compounds, expressed as cadmium (Cd) 4 - Thallium and its compounds, expressed as thallium (Tl) 5 - Antimony and its compounds, expressed as antimony (Sb) 6 - Arsenic and its compounds, expressed as arsenic (As) 7 - Lead and its compounds, expressed as lead (Pb) 8 - Chromium and its compounds, expressed as chromium (Cr) 20 mg/l 0,02 mg/l 0,05 mg/l 9 - Cobalt and its compounds, expressed as cobalt (Co) 5 mg/l 10 - Copper and its compounds, expressed as copper (Cu) 11 - Manganese and its compounds, expressed as manganese (Mn) 12 - Nickel and its compounds, expressed as nickel (Ni) 13 - Vanadium and its compounds, expressed as vanadium (V) 14 - Dioxins and furans, defined as the sum of the individual dioxins and furans evaluated in accordance with Annex I 0,5 ng/l (1) OJ L 135, 30. 5. 1991, p. 40. C 150 E/30 EN Official Journal of the European Communities 30. 5. 2000 ANNEX V Air Emission limit Values Original table (a) Daily Average Values: Total dust Gaseous and vaporous organic substances, expressed as total organic carbon Hydrogen chloride (HCl) Hydrogen fluoride (HF) Sulphur dioxide (SO2) Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as nitrogen dioxide for existing incineration plants with a capacity exceeding 3 tonnes per hour or new incineration plants Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as nitrogen dioxide for existing incineration plants with a capacity of 3 tonnes per hour or less Amended table (a) Daily Average Values Total dust Gaseous and vaporous organic substances, expressed as total organic carbon Hydrogen chloride (HCl) Hydrogen fluoride (HF) Sulphur dioxide (SO2) Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as nitrogen dioxide for existing incineration plants with a capacity exceeding 3 tonnes per hour or new incineration plants Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as nitrogen dioxide for existing incineration plants with a capacity of 3 tonnes per hour or less 10 mg/m3 10 mg/m3 10 mg/m3 1 mg/m3 50 mg/m3 200 mg/m3 400 mg/m3 10 mg/m3 10 mg/m3 10 mg/m3 1 mg/m3 50 mg/m3 200 mg/m3 400 mg/m3 Until 1 January 2007, the emission limit value for NOx does not apply to plants incinerating hazardous waste only. 30. 5. 2000 EN Official Journal of the European Communities C 150 E/31 Original table (b) Half-hourly Average Values Total dust Gaseous and vaporous organic substances, expressed as total organic carbon Hydrogen chloride (HCl) Hydrogen fluoride (HF) Sulphur dioxide (SO2) Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as nitrogen dioxide for existing incineration plants with a capacity exceeding 3 tonnes per hour or new incineration plants Amended table (b) Half-hourly Average Values Total dust Gaseous and vaporous organic substances, expressed as total organic carbon Hydrogen chloride (HCl) Hydrogen fluoride (HF) Sulphur dioxide (SO2) Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as nitrogen dioxide for existing incineration plants with a capacity exceeding 3 tonnes per hour or new incineration plants 30 mg/m3 20 mg/m3 60 mg/m3 4 mg/m3 200 mg/m3 400 mg/m3 30 mg/m3 20 mg/m3 60 mg/m3 4 mg/m3 200 mg/m3 400 mg/m3 Until 1 January 2007, the emission limit value for NOx does not apply to plants incinerating hazardous waste only. C 150 E/32 EN Official Journal of the European Communities 30. 5. 2000 Original table (c) All average values over the sample period of a minimum of 30 minutes and a maximum of 8 hours Cadmium and its compounds, expressed as cadmium (Cd) Thallium and its compounds, expressed as thallium (Tl) Mercury and its compounds, expressed as mercury (Hg) Antimony and its compounds, expressed as antimony (Sb) Arsenic and its compounds, expressed as arsenic (As) Lead and its compounds, expressed as lead (Pb) Chromium and its compounds, expressed as chromium (Cr) total 0,05 mg/m3 0,05 mg/m3 Cobalt and its compounds, expressed as cobalt (Co) total 0,5 mg/m3 Copper and its compounds, expressed as copper (Cu) Manganese and its compounds, expressed as manganese (Mn) Nickel and its compounds, expressed as nickel (Ni) Vanadium and its compounds, expressed as vanadium (V) These average values cover also gaseous and the vapour forms of the relevant heavy metal emissions as well as their compounds. Amended table (c) All average values over the sample period of a minimum of 30 minutes and a maximum of 8 hours Cadmium and its compounds, expressed as cadmium (Cd) Thallium and its compounds, expressed as thallium (Tl) Mercury and its compounds, expressed as mercury (Hg) Antimony and its compounds, expressed as antimony (Sb) Arsenic and its compounds, expressed as arsenic (As) Lead and its compounds, expressed as lead (Pb) Chromium and its compounds, expressed as chromium (Cr) total 0,1 mg/m3 (*) 0,1 mg/m3 (*) Cobalt and its compounds, expressed as cobalt (Co) total 1 mg/m3 (*) Copper and its compounds, expressed as copper (Cu) Manganese and its compounds, expressed as manganese (Mn) Nickel and its compounds, expressed as nickel (Ni) Vanadium and its compounds, expressed as vanadium (V) (*) Until 1 January 2007 these average values shall apply to existing plants for which the permit to operate has been granted before 31 December 1996, and which incinerate hazardous waste only. These average values cover also gaseous and the vapour forms of the relevant heavy metal emissions as well as their compounds. 30. 5. 2000 EN Official Journal of the European Communities C 150 E/33 (d) Average values shall be measured over a sample period of a minimum of 6 hours and a maximum of 8 hours. The emission limit value refers to the total concentration of dioxins and furans calculated using the concept of toxic equivalence in accordance with Annex I. Dioxins and furans 0,1 ng/m3 (e) The following emission limit values of carbon monoxide (CO) concentrations shall not be exceeded in the combustion gases (excluding the start-up and shut-down phase): - 50 milligrams/m3 of combustion gas determined as daily average value; - 150 milligrams/m3 of combustion gas of at least 95 % of all measurements determined as 10-minute average values or 100 mg/m3 of combustion gas of all measurements determined as half-hourly average values taken in any 24-hour period. Exemptions may be authorised by the competent authority for incineration plants using fluidised bed technology, provided that the authorisation foresees an emission limit value for carbon monoxide (CO) of not more than 100 mg/m3 as a hourly average value