Amended proposal for a directive of the European Parliament and of the Council amending Directive 88/609/EEC on the limitation of emissions of certain pollutants into the air from large combustion plants
C 212 E/36 EN Official Journal of the European Communities 25. 7. 2000 Amended proposal for a directive of the European Parliament and of the Council amending Directive 88/609/EEC on the limitation of emissions of certain pollutants into the air from large combustion plants (1) (2000/C 212 E/03) (Text with EEA relevance) COM(1999) 611 final - 98/0225(COD) (Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 25 November 1999) (1) OJ C 300, 29. 9. 1998, p. 6. INITIAL PROPOSAL AMENDED PROPOSAL THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Unchanged Having regard to the Treaty establishing the European Community, and in particular Article 130(s) 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 (1), Unchanged Having regard to the Opinion of the Economic and Social Committee (2), Acting in accordance with the procedure laid down in Article 189c of the Treaty, Acting in accordance with the procedure laid down in Article 251 of the Treaty, Having regard to the Opinion of Regions, the Committee of the Unchanged (1) Whereas the fifth Environmental Action Programme (3) sets as an objective áno exceedance ever of critical loads and levelsí of certain acidifying pollutants such as sulphur dioxide (SO2) and nitrogen oxides (NOx), and in terms of air quality the objective is that áall people should be effectively protected against recognised health risks from Air Pollutioní; (2) Whereas Council Directive 88/609/EEC (4), as amended by Directive 94/66/EC (5) and last amended by the Act of Accession of Austria, Finland and Sweden, contributed to the reduction and control of atmospheric emissions from large combustion plants; (3) Whereas the Commission has recently published a Communication on a Community strategy to combat acidification (6); whereas of Directive the 88/609/EEC was integral an component of that strategy; revision being identified as (3) Whereas the Commission has recently published a Communication on a Community strategy to combat acidification (6); whereas of Directive the 88/609/EEC was integral an component of that strategy with the long term aim of a reduction in emissions of sulphur dioxide and nitrogen oxides sufficient to bring residues and concentrations down to levels below the critical loads and levels; revision being identified as ___________ (1) COM(98) 415 final. (2) OJ C 101, 12. 4. 1999, p. 55. (3) OJ C 138, 17. 5. 1993, p. 1. (4) OJ L 336, 7. 12. 1988, p. 1. (5) OJ L 337, 24. 12. 1994, p. 83. (6) COM(97) 88 final. ___________ (6) COM(97) 88 final. 25. 7. 2000 EN Official Journal of the European Communities C 212 E/37 INITIAL PROPOSAL AMENDED PROPOSAL (4) Whereas, in accordance with the principles of subsidiarity and proportionality as set out in Article 5 of the Treaty, the objective of reducing acidifying emissions from large combustion plants cannot be sufficiently achieved by the Member States acting individually and unconcerted action offers no guarantee of achieving the desired objective; whereas, the need to reduce acidifying 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 new combustion plants; in view of (5) Whereas Council Directive 96/61/EC (1) sets out an inte- grated approach to pollution prevention and control in which all the aspects of an installation’s environmental performance are considered in an integrated manner; whereas combustion installations with a rated thermal input exceeding 50 MW are included within the scope of that Directive; Unchanged that Directive an inventory of that Directive; whereas pursuant (5) Whereas Council Directive 96/61/EC (1) sets out an inte- grated approach to pollution prevention and control in which all the aspects of an installation’s environmental performance are considered in an integrated manner; whereas combustion installations with a rated thermal input exceeding 50 MW are included within the scope to Article 15 of paragraph 3 of the principal emissions and sources responsible shall be published every three years by the Commission on the basis of data supplied by the Member States; whereas that Directive, acting on a pursuant proposal the Council will set emission limit values in accordance with the procedures laid down in the Treaty for which the need for Community action has been identified, on the basis, in particular, of the exchange of information provided for in Article 16 of that Directive; to Article 18 of from the Commission, Unchanged (6) Whereas compliance with the emission limit values laid down by Directive 88/609/EEC, as amended 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; (7) Whereas industrial experience in the implementation of techniques for the reduction of polluting emissions from large combustion plants has been acquired over a period of 15 years; (8) Whereas installations for the production of electricity the large combustion represent an important part of plant sector; (9) Whereas Directive 96/92/EC of the European Parliament the Council of 19 December 1996 concerning and of in electricity (2) common rules for the internal market must be transposed by 19 February 1999; whereas this is likely to have the effect of distributing new production capacity among new arrivals in the sector; dioxide (10) Whereas the Community is committed to a reduction of carbon combined emissions; whereas production of heat and electricity represents a valuable opportunity for significantly improving overall efficiency in fuel use; the ___________ (1) OJ L 257, 10. 10. 1996, p. 26. (2) OJ L 27, 30. 1. 1997, p. 20. ___________ (1) OJ L 257, 10. 10. 1996, p. 26. C 212 E/38 EN Official Journal of the European Communities 25. 7. 2000 INITIAL PROPOSAL AMENDED PROPOSAL (11) Whereas a significant increase in the use of natural gas for producing electricity is already underway and is likely to in particular through the use of gas turbines; continue, (12) Whereas Council Resolution of 24 February 1997 on a Community strategy for waste management (1) emphasises on the need for promoting waste recovery and states that appropriate emission standards should apply to the operation of facilities in which waste is incinerated in the to ensure a high level of protection for order environment; (13) Whereas industrial experience has been gained concerning techniques and equipment for the measurement of the principal pollutants emitted by large combustion plants; whereas the European Committee for Standardisation (CEN) has undertaken work with the aim of providing a results framework securing comparable measurement within the Community and guaranteeing a high level of quality of such measurements; (14) Whereas is there a need to improve knowledge concerning the emission of the principal pollutants from large combustion plants; whereas, in order to be genuinely representative of the level of pollution of an installation, such information should associated with knowledge concerning its energy consumption; also be (15) Whereas Directive 88/609/EEC should therefore be amended accordingly, HAVE ADOPTED THIS DIRECTIVE: Article 1 Directive 88/609/EEC is hereby amended as follows: 1. Article 2 is amended as follows: (a) In point 4, the words áby processes especially designed for this purposeí are deleted (b) In point 6, the words áwith the exception of domestic refuse and toxic or dangerous wasteí are replaced by the words áwith the exception of waste covered by Council Directives 89/369/EEC (*), 89/429/EEC (**) and 94/67/EC (***). ___________ (*) OJ L 163, 14. 6. 1989, p. 32. (**) OJ L 203, 15. 7. 1989, p. 50. (***) OJ L 365, 31. 12. 1994, p. 34. í ___________ (1) OJ C 76, 11. 3. 1997, p. 1. 25. 7. 2000 EN Official Journal of the European Communities C 212 E/39 INITIAL PROPOSAL AMENDED PROPOSAL (c) Point 7 is amended as follows: (i) The following indents are added to the third paragraph: á- any technical apparatus used in the propulsion of a vehicle, ship or aircraft, - gas turbines used on offshore platform. í (ii) In the fourth paragraph, the words áor by gas turbines, irrespective of the fuel usedí are deleted. (d) The following points are added: 11. ôbiomassö means: any whole or part of a vegetable matter which can be used for the purpose of recovering its energy content. Wood wastes and vegetable matter wastes are also considered as biomass provided that they do not fall into the scope 89/369/EEC, Council Directives 89/429/EEC and 94/67/EC; of 12. ôgas turbineö means: any rotating machine which converts thermal energy into mechanical work, consisting mainly of a compressor, a thermal device in which fuel is oxidised in order to heat the working fluid, and a turbine. í 2. In Article 3, paragraph 4 is deleted. 3. In Article 4, paragraph 2 is deleted. 4. In Article 5, the following sentence is added to point 1: This provision does not apply to new plants for which the licence is granted on or after 1 January 2000. í 5. Article 7 is replaced by the following: Article 7 In new plants for which the licence is granted on or after 1 January 2000 the competent authorities shall ensure that there is provision for the combined generation of heat and electricity where this technically and economically feasible. To this end, the Member States shall ensure that operators examine the possibilities of locating the instal- lations on sites with a heat requirement. í is C 212 E/40 EN Official Journal of the European Communities 25. 7. 2000 INITIAL PROPOSAL AMENDED PROPOSAL 6. Article 8 is amended as follows: (a) Paragraph 1 is replaced by the following: in particular 1. Member States shall ensure that provision is for made in the licences referred to in Article 4(1) procedures relating to malfunction or breakdown of the abatement equipment. In case of a breakdown the competent authority shall require the operator to reduce or close down operations if a return to normal operation is not achieved within 24 hours, or to operate the plant using low polluting fuels. In any case the competent authority shall be notified within 48 hours. In no circumstances shall the cumu- lative duration of unabated operation in any one year period exceed 120 hours except in cases where, in the judgement of the competent authority, there is an over- riding need to maintain energy supplies. í (b) Paragraph 2 is deleted. (c) In paragraph 3, the words áa short periodí are replaced by the words áa period not exceeding ten daysí (d) In paragraph 4, the words áthis Articleí are replaced by the words áparagraph 3í. 7. In Article 9(3), the first subparagraph is replaced by the following: As an alternative to paragraph 2, the following emission limit values for sulphur dioxide averaged over all new plants within the refinery and irrespective of the fuel combination used by be applied: (a) for plants for which a licence is granted before 1 January 2000: 1 000 mg/Nm3, (b) for plants for which a licence is granted on or after 1 January 2000: 450 mg/Nm3. í 8. In Article 13, paragraphs 2 and 3 are deleted. 9. In Article 15, the following paragraph 4 shall be added: 4. For new plants for which the licence is granted on or after 1 January 2000, the emission limit values shall be regarded as complied with if: - no validated daily average value exceeds the relevant figures set out in Annexes III to VII; 25. 7. 2000 EN Official Journal of the European Communities C 212 E/41 INITIAL PROPOSAL AMENDED PROPOSAL - no validated hourly average value exceeds 200 % of the relevant figures set out in Annexes III to VII. The ôvalidated average valuesö are determined as set out in Annex IX, Part A, paragraph 6. í 10. In Article 16, paragraph 3 is deleted. 11. Annexes III to IX are amended as set out in the Annex to this Directive. Article 2 Article 2 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2000 at the latest. They shall forthwith inform the Commission thereof. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 1999 at the latest. They shall forthwith inform the Commission thereof. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. Unchanged Article 3 This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities. Article 4 This Directive is addressed to the Member States. C 212 E/42 EN Official Journal of the European Communities 25. 7. 2000 ANNEX 1. The following Annex shall be added to Annex III: SO2 emission limit values expressed in mg/Nm3 (O2 content 6 %) to be applied by new plants for which the licence is granted on or after 1 January 2000 Type of fuel 50 to 100 MWth 100 to 300 MWth > 300 MWth Biomass General case 200 850 200 850 to 200 (linear decrease) 200 200í 2. The following shall be added to Annex IV: SO2 emission limit values expressed in mg/Nm3 (O2 content 3 %) to be applied by new plants for which the licence is granted on or after 1 January 2000 50 to 100 MWth 100 to 300 MWth > 300 MWth 850 850 to 200 (linear decrease) 200í 3. The following shall be added to Annex V: SO2 emission limit values expressed in mg/Nm3 (O2 content 3 %) to be applied by new plants for which the licence is granted on or after 1 January 2000 Gaseous fuels in general Liquefied gas Low calorific gases from coke oven Low caloric gases from blast furnace 4. The following is added to Annex VI: Solid fuels 35 5 400 200í NOx emission limit values expressed in mg/Nm3 (O2 content 6 %) to be applied by new plants for which the licence is granted on or after 1 January 2000 Type of fuel 50 to 100 MWth 100 to 300 MWth > 300 MWth Biomass General case Liquid fuels 350 400 300 300 300 200 NOx emission limit values expressed in mg/Nm3 (O2 content 3 %) to be applied by new plants (with the exception of gas turbines) for which the licence is granted on or after 1 January 2000 50 to 100 MWth 100 to 300 MWth > 300 MWth 400 300 200 25. 7. 2000 EN Official Journal of the European Communities C 212 E/43 Gaseous fuels NOx emission limit values expressed in mg/Nm3 (O2 content 3 %) to be applied by new plants (with the exception of gas turbines) for which the licence is granted on or after 1 January 2000 Natural gas (note 1) Other gases Gas Turbines 50 to 300 MWth > 300 MWth 150 200 100 200 NOx emission limit values expressed in mg/Nm3 (O2 content 15 %) to be applied by a single gas turbine unit for which the licence is granted on or after 1 January 2000 following limit values apply only above 70 % load Natural gas (Note 1) Liquid fuels (Note 3) > 50 MWth (thermal input at ISO conditions) 50 (Note 2) 120 Note 1: Natural gas is naturally occurring methane with not more than 20 % (by volume) of inerts and other constituents. Note 2: 75 mg/Nm3 in following cases: - gas turbine used in a combined heat and power system; - gas turbine driving compressor for public gas grid supply. For gas turbines not falling into either of the above categories, but having an efficiency greater than 35% determined at ISO base load conditions the ELV shall be 50*ç/35 where ç is the gas turbine efficiency expressed as a percentage (and determined at ISO base load conditions). Note 3: This emission limit value only applies to gas turbine firing light and middle distillates. í 5. The following is added to Annex VII: Solid fuels Dust emission limit values expressed in mg/Nm3 (O2 content 6 %) to be applied by new plants for which the licence is granted on or after 1 January 2000 50 to 100 MWth > 100 MWth 50 30 Liquid fuels Dust emission limit values expressed in mg/Nm3 (O2 content 3 %) to be applied by new plants for which the licence is granted on or after 1 January 2000 50 to 100 MWth > 100 MWth 50 30 C 212 E/44 EN Official Journal of the European Communities 25. 7. 2000 Gaseous fuels Dust emission limit values expressed in mg/Nm3 (O2 content 3 %) to be applied by new plants for which the licence is granted on or after 1 January 2000 As a rule For blast furnace gas For gases produced by the steel industry which can be used elsewhere 5 10 30í 6. The following is added to Annex VIII: For new plants for which the licence is granted on or after 1 January 2000 50 to 100 MWth 100 to 300 MWth > 300 MWth 90 % 92 % 95 % NB: Installations which achieve 300 mg/Nm3 SO2 are exempt from application of the relevant rate of desulphurisation. í 7. Annex IX is amended as follows: (a) Part A is amended as follows: (i) In the title, the words áfrom new plantsí are replaced by the words áfrom combustion plantsí. (ii) Paragraph 1 is replaced by the following: 1. Until 1 January 2000 concentrations of SO2, dust, NOx shall be measured continuously in the case of new plants with a rated thermal input of more than 300 MW. However, monitoring of SO2 and dust may be confined to discontinuous measurements or other appropriate determination procedures in cases where such measurements or procedures, which must be verified and approved by the competent authorities, may be used to obtain concentration. In the case of plants not covered by the first subparagraph, the competent authorities may require continuous measurements of those three pollutants to be carried out where considered necessary. Where continuous measurements are not required, discontinuous measurements or appropriate determination procedures as approved by the competent authorities shall be used regularly to evaluate the quantity of the above-mentioned substances present in the emissions. From 1 January 2000 competent authorities shall require continuous measurements of concentrations of SO2, NOx, and dust from each combustion plant which falls into one of the following categories: - new combustion plant with a rated thermal input of 100 MW or more. - other combustion plant with a rated thermal input of 300 MW or more. By way of derogation from the third subparagraph, continuous measurements shall not be required in the following cases: - for combustion plants with a life span less than 10 000 operational hours; - for SO2 and dust from gas turbines firing natural gas or light and middle distillates. Where continuous measurements are not required, discontinuous measurements shall be required at least each six months. As an alternative, appropriate determination procedures, which must be verified and approved by the competent authorities, may be used to evaluate the quantity of the above-mentioned pollutants present in the emissions. Such procedures shall use relevant CEN standards as soon as they are available. í 25. 7. 2000 EN Official Journal of the European Communities C 212 E/45 (iii) Paragraph 4 is replaced by the following: 4. The continuous measurements carried out in compliance with paragraph 1 shall include the relevant process operation parameters temperature, pressure. The continuous measurement of the water vapour content of the exhaust gases shall not be necessary, provided that the sampled exhaust gas is dried before the emissions are analysed. such as oxygen content, Representative measurements, i. e. sampling and analysis, of relevant pollutants and process parameters as well as reference measurement methods to calibrate automated measurement systems shall be carried out in accordance with CEN standards. Until the CEN standards are drawn up, national standards shall apply. Continuous measuring systems shall be subject to control by means of parallel measurements with the reference methods at least every one year. í (iv) The following paragraphs 5 and 6 are added: 5. The value of the 95 % confidence intervals determined at the emission limit values shall not exceed the following percentages of the emission limit value: Sulphur dioxide Nitrogen oxides Dust 20 % 20 % 30 % 6. The validated hourly and daily average values shall be determined within the effective operating time (excluding start-up and shut-off periods), from the measured valid hourly average values after having subtracted the value of the confidence interval specified above. Any day in which more than three-hourly average values are invalid due to malfunction or maintenance of the continuous measurement system shall be invalidated. If more than ten days over a year are invalidated for such situations the competent authority shall require the operator to take adequate measures to improve the reliability of the continuous monitoring system. í (b) Part B is amended as follows: (i) In the title, the words ánew plantsí are to be replaced by the words ácombustion plantsí. (ii) The words Until 2003í are added at the beginning of the first paragraph. (iii) The following paragraphs are added: Member States shall establish, starting in 2003 and for each subsequent year, an inventory of SO2 and NOx emissions from all combustion plants with a rated thermal input of 50 MW or more. The competent authority shall obtain for each plant operated under the control of one operator at a given location the following data: - the total annual emissions of SO2, NOx and dust (as total suspended particles), - the total annual amount of energy input, related to the net calorific value, broken down in terms of the five categories of fuel: biomass, other solid fuels, liquid fuels, natural gas, other gases. A summary of the results of this inventory shall be communicated to the Commission every three years within twelve months from the end of the three-year period considered. The yearly plant-by-plant data shall be made available to the Commission upon request. í (c) Part C is amended as follows: (i) In paragraph 1, the words áuntil and including 2003í are inserted after áand for each subsequent yearí. (ii) In paragraph 2, the second subparagraph is deleted