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"BDIRECTIVE 2000/76/EC OF THE EUROPEAN P ARLIAMENT AND OF THE COUNCIL
of 4 December 2000
on the incineration of waste
(OJ L 332, 28.12.2000, p. 91)
Corrected by:
"C1 Corrigendum, OJ L 145, 31.5.2001, p. 52 (2000/76/EC)2000L0076 — EN — 28.12.2000 — 000.001 — 1
DIRECTIVE 2000/76/EC OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
of 4 December 2000
on the incineration of waste
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
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),
Having regard to the Opinion of the Economic and Social Committee (2),
Having regard to the Opinion of the Committee of the Regions (3),
Acting in accordance with the procedure laid down in Article 251 of the
Treaty (4), and in the light of the joint text approved by the Conciliation
Committee on 11 October 2000,
Whereas:
(1) The fifth Environment Action Programme: Towards sustainability
— A European Community programme of policy and action in
relation to the environment and sustainable development,
supplemented by Decision No 2179/98/EC on its review (5), sets
as an objective that critical loads and levels of certain pollutants
such as nitrogen oxides (NO x), sulphur dioxide (SO 2), heavy
metals and dioxins should not be exceeded, while in terms of air
quality the objective is that all people should be effectively
protected against recognised health risks from air pollution. That
Programme further sets as an objective a 90 % reduction of dioxin
emissions of identified sources by 2005 (1985 level) and at least
70 % reduction from all pathways of cadmium (Cd), mercury (Hg)
and lead (Pb) emissions in 1995.
(2) The Protocol on persistent organic pollutants 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 dioxins and furans of 0,1 ng/m; TE
(Toxicity Equivalents) for installations burning more than 3 tonnes
per hour of municipal solid waste, 0,5 ng/m; TE for installations
burning more than 1 tonne per hour of medical waste, and 0,2
ng/m; TE for installations burning more than 1 tonne per hour of
hazardous waste.
(3) The Protocol on Heavy Metals signed by the Community within
the framework of the UN-ECE Convention on long-range
transboundary air pollution sets legally binding limit values for
the emission of particulate of 10 mg/m3for hazardous and medical
waste incineration and for the emission of mercury of 0,05 mg/m3
for hazardous waste incineration and 0,08 mg/m3for municipal
waste incineration.
(4) The International Agency for Research on Cancer and the World
Health Organisation indicate that some polycyclic aromatic!B
(1) OJ C 13, 17.1.1998, p. 6 and
OJ C 372, 2.12.1998, p. 11.
(2) OJ C 116, 28.4.1999, p. 40.
(3) OJ C 198, 14.7.1999, p. 37.
(4) Opinion of the European Parliament of 14 April 1999 (OJ C 219, 30.7.1999,
p. 249), Council Common Position of 25 November 1999 (OJ C 25, 28.1.-2000, p. 17) and Decision of the European Parliament of 15 March 2000 (notyet published in the Official Journal). Decision of the European Parliament of16 November 2000 and Decision of the Council of 20 November 2000.
(
5) OJ C 138, 17.5.1993, p. 1 and
OJ L 275, 10.10.1998, p. 1.2000L0076 — EN — 28.12.2000 — 000.001 — 2
hydrocarbons (PAHs) are carcinogenic. Therefore, Member States
may set emission limit values for PAHs among other pollutants.
(5) In accordance with the principles of subsidiarity and propor-
tionality as set out in Article 5 of the Treaty, there is a need to take
action at the level of the Community. The precautionary principle
provides the basis for further measures. This Directive confines
itself to minimum requirements for incineration and co-inciner-
ation plants.
(6) Further, Article 174 provides that Community policy on the
environment is to contribute to protecting human health.
(7) Therefore, a high level of environmental protection and human
health protection requires the setting and maintaining of stringent
operational conditions, technical requirements and emission limit
values for plants incinerating or co-incinerating waste within the
Community. The limit values set should prevent or limit as far as
practicable negative effects on the environment and the resulting
risks to human health.
(8) The Communication from the Commission on the review of the
Community Strategy for waste management assigns prevention of
waste the first priority, followed by reuse and recovery and finally
by safe disposal of waste; in its Resolution of 24 February 1997 on
a Community Strategy for waste management (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.
(9) In its Resolution of 24 February 1997 the Council also underlines
the importance of Community 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 for incineration or
co-incineration in the Community.
(10) It is necessary to set strict rules for all plants incinerating or
co-incinerating waste in order to avoid transboundary movements
to plants operating at lower costs due to less stringent
environmental standards.
(11) The Communication from the Commission/energy for the future:
renewable sources of energy/White paper for a Community
strategy and action plan takes into consideration in particular the
use of biomass for energy purposes.
(12) Council Directive 96/61/EC (2) sets out an integrated approach to
pollution prevention and control in which all the aspects of an
installations environmental performance are considered in an
integrated manner. Installations for the incineration of municipal
waste with a capacity exceeding 3 tonnes per hour and
installations for the disposal or recovery of hazardous waste with
a capacity exceeding 10 tonnes per day are included within the
scope of the said Directive.
(13) 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. Such compliance may involve more stringent emissions
limit values for the pollutants envisaged by this Directive,
emission limit values for other substances and other media, and
other appropriate conditions.!B
(1) OJ C 76, 11.3.1997, p. 1.
(2) OJ L 257, 10.10.1996, p. 26.2000L0076 — EN — 28.12.2000 — 000.001 — 3
(14) 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.
(15) Council Directives 89/369/EEC (1) and 89/429/EEC (2) on the
prevention and reduction of air pollution from municipal waste
incineration plants have contributed to the reduction and control of
atmospheric emissions from incineration plants. More stringent
rules should now be adopted and those Directives should
accordingly be repealed.
(16) The distinction between hazardous and non-hazardous waste is
based principally on the properties of waste prior to incineration or
co-incineration but not on differences in emissions. The same
emission limit values should apply to the incineration or
co-incineration of hazardous and non-hazardous waste but
different techniques and conditions of incineration or co-inciner-
ation and different monitoring measures upon reception of waste
should be retained.
(17) Member States should take into account Council Directive
1999/30/EC of 22 April 1999 relating to limit values for sulphur
dioxide, nitrogen dioxide and oxides of nitrogen, particulate
matter and lead in ambient air (3) when implementing this
Directive.
(18) The incineration of hazardous waste with a content of more than
1 % of halogenated organic substances, expressed as chlorine, has
to comply with certain operational conditions in order to destroy
as many organic pollutants such as dioxins as possible.
(19) The incineration of waste which contains chlorine generates flue
gas residues. Such residues should be managed in a way that
minimises their amount and harmfulness.
(20) There may be grounds to provide for specified exemptions to the
emission limit values for some pollutants during a specified time
limit and subject to specific conditions.
(21) Criteria for certain sorted combustible fraction of non-hazardous
waste not suitable for recycling, should be developed in order to
allow the authorisation of the reduction of the frequency of
periodical measurements.
(22) A single text on the incineration of waste will improve legal clarity
and enforceability. There should be a single directive for the
incineration and co-incineration of hazardous and non-hazardous
waste taking fully into account the substance and structure of
Council Directive 94/67/EC of 16 December 1994 on the
incineration of hazardous waste (4). Therefore Directive 94/67/EC
should also be repealed.
(23) Article 4 of Council Directive 75/442/EEC of 15 July 1975 on
waste (5) requires Member States to take the necessary measures
to ensure that waste is recovered or disposed of without
endangering human health and without harming the environment.
To this end, Articles 9 and 10 of that Directive provide that any
plant or undertaking treating waste must obtain a permit from the
competent authorities relating, inter alia , to the precautions to be
taken.
(24) The requirements for recovering the heat generated by the
incineration or co-incineration process and for minimising and
recycling residues resulting from the operation of incineration or!B
(1) OJ L 163, 14.6.1989, p. 32. Directive as last amended by the Accession Act
of 1994.
(2) OJ L 203, 15.7.1989, p. 50. Directive as last amended by the Accession Act
of 1994.
(3) OJ L 163, 29.6.1999, p. 41.
(4) OJ L 365, 31.12.1994, p. 34.
(5) OJ L 194, 25.7.1975, p. 39. Directive as last amended by Commission De-
cision 350/96/EC (OJ L 135, 6.6.1996, p. 32).2000L0076 — EN — 28.12.2000 — 000.001 — 4
co-incineration plants will assist in meeting the objectives of
Article 3 on the waste hierarchy of Directive 75/442/EEC.
(25) Incineration and co-incineration plants treating only animal waste
regulated by Directive 90/667/EEC (1) are excluded from the
scope of this Directive. The Commission intends to propose a
revision to the requirements of Directive 90/667 with a view to
providing for high environmental standards for the incineration
and co-incineration of animal waste.
(26) The permit for an incineration or co-incineration plant shall also
comply with any applicable requirements laid down in Directives
91/271/EEC (2), 96/61/EC, 96/62/EC (3), 76/464/EEC (4), and
1999/31/EC (5).
(27) 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 than those permitted for
dedicated incineration plants and should therefore be subject to
appropriate limitations.
(28) High-standard measurement techniques are required to monitor
emissions to ensure compliance with the emission limit values for
the pollutants.
(29) 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 limit a transfer of pollutants from
the air into water.
(30) Provisions should be laid down for cases where the emission limit
values are exceeded as well as for technically unavoidable
stoppages, disturbances or failures of the purification devices or
the measurement devices.
(31) In order to ensure transparency of the permitting process
throughout the Community the public should have access to
information with a view to allowing it to be involved in decisions
to be taken following applications for new permits and their
subsequent updates. The public should have access to reports on
the functioning and monitoring of the plants burning more than
three tonnes per hour in order to be informed of their potential
effects on the environment and human health.
(32) The Commission should present a report both to the European
Parliament and the Council based on the experience of applying
this Directive, the new scientific knowledge gained, the devel-
opment of the state of technology, the progress achieved in
emission control techniques, and on the experience made in waste
management and operation of the plants and on the development
of environmental requirements, with a view to proposing, as
appropriate, to adapt the related provisions of this Directive.
(33) The measures necessary for the implementation of this Directive
are to be adopted in accordance with Council Decision
1999/468/EC of 28 June 1999 laying down the procedures for!B
(1) Council Directive 90/667/EEC of 27 November 1990, laying down the vet-
erinary rules for the disposal and processing of animal waste, for its placingon the market and for the prevention of pathogens in feedstuffs of animal orfish origin and amending Directive 90/425/EEC (OJ L 363, 27.12.1990, p.51). Directive as last amended by the Accession Act of 1994.
(
2) Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water
treatment (OJ L 135, 30.5.1991, p. 40). Directive as amended by Directive98/15/EC (OJ L 67, 7.3.1998, p. 29).
(
3) Council Directive 96/62/EC of 27 September 1996 on ambient air quality
assessment and management (OJ L 296, 21.11.1996, p. 55).
(4) Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain
dangerous substances discharged into the aquatic environment of the Com-munity (OJ L 129, 18.5.1976, p. 23). Directive as last amended by the Ac-cession Act of 1994.
(
5) Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182,
16.7.1999, p. 1).2000L0076 — EN — 28.12.2000 — 000.001 — 5
the exercise of implementing powers conferred on the Commis-
sion (1).
(34) Member States should lay down rules on penalties applicable to
infringements of the provisions of this Directive and ensure that
they are implemented; those penalties should be effective,
proportionate and dissuasive,
HA VE ADOPTED THIS DIRECTIVE:
Article 1
Objectives
The aim of this Directive is to prevent or to limit as far as practicable
negative effects on the environment, in particular pollution by emissions
into air, soil, surface water and groundwater, and the resulting risks to
human health, from the incineration and co-incineration of waste.
This aim shall be met by means of stringent operational conditions and
technical requirements, through setting emission limit values for waste
incineration and co-incineration plants within the Community and also
through meeting the requirements of Directive 75/442/EEC.
Article 2
Scope
1. This Directive covers incineration and co-incineration plants.
2. The following plants shall however be excluded from the scope of
this Directive:
(a) Plants treating only the following wastes:
(i) vegetable waste from agriculture and forestry,(ii) vegetable waste from the food processing industry, if the heat
generated is recovered,
(iii) fibrous vegetable waste from virgin pulp production and from
production of paper from pulp, if it is co-incinerated at the
place of production and the heat generated is recovered,
(iv) wood waste with the exception of wood waste which may
contain halogenated organic compounds or heavy metals as a
result of treatment with wood-preservatives or coating, and
which includes in particular such wood waste originating from
construction and demolition waste,
(v) cork waste,(vi) radioactive waste,
(vii) animal carcasses as regulated by Directive 90/667/EEC
without prejudice to its future amendments,
(viii) waste resulting from the exploration for, and the exploitation
of, oil and gas resources from off-shore installations and
incinerated on board the installation;
(b) Experimental plants used for research, development and testing in
order to improve the incineration process and which treat less than
50 tonnes of waste per year.!B
(1) OJ L 184, 17.7.1999, p. 23.2000L0076 — EN — 28.12.2000 — 000.001 — 6
Article 3
Definitions
For the purposes of this Directive:
1. ‘waste’ means any solid or liquid waste as defined in Article 1(a) of
Directive 75/442/EEC;
2. ‘hazardous waste’ 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 (1).
For the following hazardous wastes, the specific requirements for
hazardous waste in this Directive shall not apply:
(a) combustible liquid wastes including waste oils as defined in
Article 1 of Council Directive 75/439/EEC of 16 June 1975 on
the disposal of waste oils (2) provided that they meet the
following criteria:
(i) the mass content of polychlorinated aromatic hydrocarbons,
e.g. polychlorinated biphenyls (PCB) or pentachlorinated
phenol (PCP) amounts to concentrations not higher than
those set out in the relevant Community legislation;
(ii) these wastes are not rendered hazardous by virtue of
containing other constituents listed in Annex II to Directive
91/689/EEC in quantities or in concentrations which are
inconsistent with the achievement of the objectives set out in
Article 4 of Directive 75/442/EEC; and
(iii) the net calorific value amounts to at least 30 MJ per
kilogramme,
(b) any combustible liquid wastes which cannot cause, in the flue
gas directly resulting from their combustion, emissions other
than those from gasoil as defined in Article 1(1) of Directive
93/12/EEC (3) or a higher concentration of emissions than those
resulting from the combustion of gasoil as so defined;
3. ‘mixed municipal waste’ means waste from households as well as
commercial, industrial and institutional waste, which because of its
nature and composition is similar to waste from households, but
excluding fractions indicated in the Annex to Decision 94/3/EC (4)
under heading 20 01 that are collected separately at source and
excluding the other wastes indicated under heading 20 02 of that
Annex;
4. ‘incineration plant’ 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 waste as well as other thermal treatment
processes such as pyrolysis, gasification or plasma processes in so
far as the substances resulting from the treatment are subsequently
incinerated.
This definition covers the site and the entire incineration plant
including all incineration lines, waste reception, storage, on site
pretreatment facilities, waste-fuel and air-supply systems, boiler,
facilities for the treatment of exhaust gases, on-site facilities for!B
(1) OJ L 377, 31.12.1991, p. 20. Directive as amended by Directive 94/31/EC.
(OJ L 168, 2.7.1994, p. 28).
(2) OJ L 194, 25.7.1975, p. 23. Directive as last amended by the Accession Act
of 1994.
(3) Council Directive 93/12/EEC of 23 March 1993 relating to the sulphur co-
ntent of certain liquid fuels (OJ L 74, 27.3.1993, p. 81). Directive as lastamended by Directive 1999/32/EC (OJ L 121,11.5.1999, p. 13).
(
4) Commission Decision 94/3/EC of 20 December 1993 establishing a list of
wastes pursuant to Article 1a of Council Directive 75/442/EEC on waste (OJL 5, 7.1.1994, p. 15).2000L0076 — EN — 28.12.2000 — 000.001 — 7
treatment or storage of residues and waste water, stack, devices and
systems for controlling incineration operations, recording and
monitoring incineration conditions;
5. ‘co-incineration plant’ means any stationary or mobile plant whose
main purpose is the generation of energy or production of material
products and:
— which uses wastes as a regular or additional fuel; or
— in which waste is thermally treated for the purpose of disposal.
If co-incineration takes place in such a way that the main purpose of
the plant is not the generation of energy or production of material
products but rather the thermal treatment of waste, the plant shall be
regarded as an incineration plant within the meaning of point 4.
This definition covers the site and the entire plant including all
co-incineration lines, waste reception, storage, on site pretreatment
facilities, waste-, fuel- and air-supply systems, boiler, facilities for
the treatment of exhaust gases, on-site facilities for treatment or
storage of residues and waste water, stack devices and systems for
controlling incineration operations, recording and monitoring
incineration conditions;
"C16.‘ existing incineration or co-incineration plant’ means 3an
incineration or co-incineration plant:
(a) which is in operation and has a permit in accordance with
existing Community legislation before 28 December 2002, or,
(b) which is authorised or registered for incineration or co-inciner-
ation and has a permit issued before 28 December 2002 in
accordance with existing Community legislation, provided that
the plant is put into operation not later than 28 December 2003,
or
(c) which, in the view of the competent authority, is the subject of a
full request for a permit, before 28 December 2002, provided
that the plant is put into operation not later than 28 December
2004;
7. ‘nominal capacity’ means the sum of the incineration capacities of
the furnaces of which an incineration plant is composed, as specified
by the constructor and confirmed by the operator, with due account
being taken, in particular, of the calorific value of the waste,
expressed as the quantity of waste incinerated per hour;
8. ‘emission’ means the direct or indirect release of substances,
vibrations, heat or noise from individual or diffuse sources in the
plant into the air, water or soil;
9. ‘emission limit values’ 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;
10. ‘dioxins and furans’ means all polychlorinated dibenzo-p-dioxins
and dibenzofurans listed in Annex I;
11. ‘operator’ means any natural or legal person who operates or
controls the plant or, where this is provided for in national
legislation, to whom decisive economic power over the technical
functioning of the plant has been delegated;
12. ‘permit’ means a written decision (or several such decisions)
delivered by the competent authority granting authorisation to
operate a plant, subject to certain conditions which guarantee that the
plant complies with all the requirements of this Directive. A permit
may cover one or more plants or parts of a plant on the same site
operated by the same operator;
13. ‘residue’ means any liquid or solid material (including bottom ash
and slag, fly ash and boiler dust, solid reaction products from gas
treatment, sewage sludge from the treatment of waste waters, spent
catalysts and spent activated carbon) defined as waste in Article 1(a)!B2000L0076 — EN — 28.12.2000 — 000.001 — 8
of Directive 75/442/EEC, which is generated by the incineration or
co-incineration process, the exhaust gas or waste water treatment or
other processes within the incineration or co-incineration plant.
Article 4
Application and permit
1. Without prejudice to Article 11 of Directive 75/442/EEC or to
Article 3 of Directive 91/689/EEC, no incineration or co-incineration
plant shall operate without a permit to carry out these activities.
2. Without prejudice to Directive 96/61/EC, the application for a permit
for 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 taking into account the
categories of waste to be incinerated;
(b) the heat generated during the incineration and co-incineration
process is recovered as far as practicable e.g. through combined
heat and power, the generating of process steam or district heating;
(c) the residues will be minimised in their amount and harmfulness and
recycled where appropriate;
(d) the disposal of the residues which cannot be prevented, reduced or
recycled will be carried out in conformity with national and
Community legislation.
3. The permit shall be granted only if the application shows that the
proposed measurement techniques for emissions into the air comply with
Annex III and, as regards water, comply with Annex III paragraphs 1 and
2.
4. The permit granted by the competent authority for an incineration or
co-incineration plant shall, in addition to complying with any applicable
requirement laid down in Directives 91/271/EEC, 96/61/EC, 96/62/EC,
76/464/EEC and 1999/31/EC:
(a) list explicitly the categories of waste which may be treated. The list
shall use at least the categories of waste set up in the European Waste
Catalogue (EWC), if possible, and contain information on the
quantity of waste, where appropriate;
(b) include the total waste incinerating or co-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.
5. The permit granted by the competent authority to an incineration or
co-incineration plant using hazardous waste shall in addition to
paragraph 4:
(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, their lowest and maximum calorific values and their
maximum contents of pollutants, e.g. PCB, PCP , chlorine, fluorine,
sulphur, heavy metals.
6. Without prejudice to the provisions of the Treaty, Member States
may list the categories of waste to be mentioned in the permit which can
be co-incinerated in defined categories of co-incineration plants.
7. Without prejudice to Directive 96/61/EC, the competent authority
shall periodically reconsider and, where necessary, update permit
conditions.!B2000L0076 — EN — 28.12.2000 — 000.001 — 9
8. Where the operator of an incineration or co-incineration plant for
non-hazardous waste is envisaging a change of operation which would
involve the incineration or co-incineration of hazardous waste, this shall
be regarded as a substantial change within the meaning of Article
2(10)(b) of Directive 96/61/EC and Article 12(2) of that Directive shall
apply.
9. If an incineration or co-incineration plant does not comply with the
conditions of the permit, in particular with the emission limit values for
air and water, the competent authority shall take action to enforce
compliance.
Article 5
Delivery and reception of waste
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 or to limit as far as practicable negative effects on the
environment, in particular the pollution of air, soil, surface water and
groundwater as well as odours and noise, and direct risks to human
health. These measures shall meet at least the requirements set out in
paragraphs 3 and 4.
2. The operator shall determine the mass of each category of waste, if
possible according to the EWC, prior to accepting the waste at the
incineration or co-incineration plant.
3. Prior to accepting hazardous waste at the incineration or co-
incineration plant, the operator shall have available information about the
waste for the purpose of verifying, inter alia , compliance with the permit
requirements specified in Article 4(5). This information shall cover:
(a) all the administrative information on the generating process
contained in the documents mentioned in paragraph 4(a);
(b) the physical, and as far as practicable, chemical composition of the
waste and all other information necessary to evaluate its suitability
for the intended incineration process;
(c) the hazardous characteristics of the waste, the substances with which
it cannot be mixed, and the precautions to be taken in handling the
waste.
4. Prior to accepting hazardous waste at the incineration or co-
incineration plant, at least the following reception procedures shall be
carried out by the operator:
(a) 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 (1) and by dangerous-goods transport regulations;
(b) the taking of representative samples, unless inappropriate, e.g. for
infectious clinical waste, as far as possible before unloading, to
verify conformity with the information provided for in paragraph 3
by carrying out controls and to enable the competent authorities to
identify the nature of the wastes treated. These samples shall be kept
for at least one month after the incineration.
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 place of generation of the
waste provided that the requirements of this Directive are met.!B
(1) OJ L 30, 6.2.1993, p. 1. Regulation as last amended by Commission Regu-
lation (EC) No 2408/98 (OJ L 298, 7.11.1998, p. 19).2000L0076 — EN — 28.12.2000 — 000.001 — 10
Article 6
Operating conditions
1. Incineration plants shall be operated in order to achieve a level of
incineration such that the slag and bottom ashes Total Organic Carbon
(TOC) content 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 pretreatment shall be used.
Incineration plants shall be designed, equipped, built and operated in
such a way that the gas resulting from the process is raised, after the last
injection of combustion air, in a controlled and homogeneous fashion
and even under the most unfavourable conditions, to a temperature of
850 °C, as measured near the inner wall or at another representative point
of the combustion chamber as authorised by the competent authority, for
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 1 100 °C for at least two seconds.
Each line of the incineration plant shall be equipped with at least one
auxiliary burner. This burner 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 as the case may be. It
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 as the case may be
is maintained at all times during these operations and as long as
unburned waste is in the combustion chamber.
During start-up and shut-down or when the temperature of the
combustion gas falls below 850 °C or 1 100 °C as the case may be,
the auxiliary burner 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.
2. Co-incineration plants shall be designed, equipped, built and
operated in such a way that the gas resulting from the co-incineration
of waste is raised in a controlled and homogeneous fashion and even
under the most unfavourable conditions, to a temperature of 850 °C for
two seconds. If hazardous wastes with a content of more than 1 % of
halogenated organic substances, expressed as chlorine, are co-inciner-
ated, the temperature has to be raised to 1 100 °C.
3. Incineration and co-incineration plants shall have and operate an
automatic system to prevent waste feed:
(a) at start-up, until the temperature of 850 °C or 1 100 °C as the case
may be or the temperature specified according to paragraph 4 has
been reached;
(b) whenever the temperature of 850 °C or 1 100 °C as the case may be
or the temperature specified according to paragraph 4 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, as
regards the temperature, paragraph 3 and specified in the permit for
certain categories of waste or for certain thermal processes may be
authorised by the competent authority, provided the requirements of this
Directive are met. Member States may lay down rules governing these
authorisations. The change of the operational conditions shall not cause
more residues or residues with a higher content of organic pollutants
compared to those residues which could be expected under the
conditions laid down in paragraph 1.
Conditions different from those laid down in paragraph 2 and, as regards
the temperature, paragraph 3 and specified in the permit for certain
categories of waste or for certain thermal processes may be authorised by
the competent authority, provided the requirements of this Directive are!B2000L0076 — EN — 28.12.2000 — 000.001 — 11
met. Member States may lay down rules governing these authorisations.
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.
In the case of co-incineration of their own waste at the place of its
production in existing bark boilers within the pulp and paper industry,
such authorisation shall be conditional upon at least the provisions for
emission limit values set out in Annex V for total organic carbon being
complied with.
All operating conditions determined under this paragraph and the results
of verifications made shall be communicated by the Member State to the
Commission as part of the information provided in accordance with the
reporting requirements.
5. Incineration and co-incineration plants shall be designed, equipped,
built and operated in such a way as to prevent emissions into the air
giving rise to significant ground-level air pollution; in particular, exhaust
gases shall be discharged in a controlled fashion and in conformity with
relevant Community 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.
6. Any heat generated by the incineration or the co-incineration process
shall be recovered as far as practicable.
7. Infectious clinical waste should be placed straight in the furnace,
without first being mixed with other categories of waste and without
direct handling.
8. The management of the incineration or the co-incineration plant
shall be in the hands of a natural person who is competent to manage the
plant.
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.
If in a co-incineration plant more than 40 % of the resulting heat release
comes from hazardous waste, the emission limit values set out in Annex
V shall apply.
3. The results of the measurements made to verify compliance with the
emission limit values shall be standardised with respect to the conditions
laid down in Article 11.
4. In the case of co-incineration of untreated mixed municipal waste,
the limit values will be determined according to Annex V , and Annex II
will not apply.
5. Without prejudice to the provisions of the Treaty, Member States
may set emission limit values for polycyclic aromatic hydrocarbons or
other pollutants.
Article 8
Water discharges from the cleaning of exhaust gases
1. Waste water from the cleaning of exhaust gases discharged from an
incineration or co-incineration plant shall be subject to a permit granted
by the competent authorities.
2. Discharges to the aquatic environment of waste water resulting from
the cleaning of exhaust gases shall be limited as far as practicable, at
least in accordance with the emission limit values set in Annex IV .!B2000L0076 — EN — 28.12.2000 — 000.001 — 12
3. Subject to a specific provision in the permit, the waste water from
the cleaning of exhaust gases may be discharged to the aquatic
environment 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 waste waters
from the cleaning of exhaust gases containing 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 on
site collectively with other on-site sources of 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 or co-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 for the waste water stream from the exhaust gas cleaning
process.
Under no circumstances shall dilution of waste water take place for the
purpose of complying with the emission limit values set in Annex IV .
5. When waste waters from the cleaning of exhaust gases containing
the polluting substances referred to in Annex IV are treated outside the
incineration or co-incineration plant at a treatment plant intended only
for the treatment of this sort of waste water, the emission limit values of
Annex IV are to be applied at the point where the waste waters leave the
treatment plant. If this off-site treatment plant is not only dedicated to
treat waste water from incineration, the operator shall take the
appropriate mass balance calculations, as provided for under paragraph
4(a), (b) and (c), 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 for the waste water stream
from the exhaust gas cleaning process.
Under no circumstances shall dilution of waste water take place for the
purpose of complying with the emission limit values set in Annex IV .
6. The permit shall:
(a) establish emission limit values for the polluting substances referred
to in Annex IV , in accordance with paragraph 2 and in order to meet
the requirements referred to in paragraph 3(a);
(b) set operational control parameters for waste water at least for pH,
temperature and flow.
7. Incineration and co-incineration plant sites, including associated
storage areas for wastes, shall be designed and in such a way as to
prevent the unauthorised and accidental release of any polluting
substances into soil, surface water and groundwater in accordance with
the provisions provided for in relevant Community legislation. Moreover,
storage capacity shall be provided for contaminated rainwater run-off
from the incineration or co-incineration plant site or for contaminated
water arising from spillage or fire-fighting operations.!B2000L0076 — EN — 28.12.2000 — 000.001 — 13
The storage capacity shall be adequate to ensure that such waters can be
tested and treated before discharge where necessary.
8. Without prejudice to the provisions of the Treaty, Member States
may set emission limit values for polycyclic aromatic hydrocarbons or
other pollutants.
Article 9
Residues
Residues resulting from the operation of the incineration or co-
incineration plant shall be minimised in their amount and harmfulness.
Residues shall be recycled, where appropriate, directly in the plant or
outside in accordance with relevant Community legislation.
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 such a way as to prevent dispersal in the
environment e.g. 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 the total soluble fraction and heavy metals soluble
fraction.
Article 10
Control and monitoring
1. Measurement equipment shall be installed and techniques used in
order to monitor the parameters, conditions and mass concentrations
relevant to the incineration or co-incineration process.
2. The measurement requirements shall be laid down in the permit or in
the conditions attached to the permit issued by the competent authority.
3. 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. Calibration has to be done by
means of parallel measurements with the reference methods at least
every three years.
4. The location of the sampling or measurement points shall be laid
down by the competent authority.
5. Periodic measurements of the emissions into the air and water shall
be carried out in accordance with Annex III, points 1 and 2.
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 and 17,
as regards air, and paragraphs 9 and 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: NO x,
provided that emission limit values are set, CO, total dust, TOC,
HCl, HF , SO 2;
(b) continuous measurements of the following process operation
parameters: temperature near the inner wall or at another
representative point of the combustion chamber as authorised by
the competent authority, concentration of oxygen, pressure, tempera-
ture and water vapour content of the exhaust gas;!B2000L0076 — EN — 28.12.2000 — 000.001 — 14
(c) at least two measurements per year of heavy metals, dioxins and
furans; one measurement at least every three months shall however
be carried out for the first 12 months of operation. Member States
may fix measurement periods where they have set emission limit
values for polycyclic aromatic hydrocarbons or other pollutants.
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.
4. The continuous measurement of HF may be omitted if treatment
stages for HCl are used which ensure that the emission limit value for
HCl is not being exceeded. In this case the emissions of HF shall be
subject to periodic measurements as laid down in paragraph 2(c).
5. The continuous measurement of 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 SO 2instead of continuous measuring may be authorised in the
permit by the competent authority in incineration or co-incineration
plants, if the operator can prove that the emissions of those pollutants can
under no circumstances be higher than the prescribed emission limit
values.
7. The reduction of the frequency of the periodic measurements for
heavy metals from twice a year to once every two years and for dioxins
and furans from twice a year to once every year may be authorised in the
permit by the competent authority provided that the emissions resulting
from co-incineration or incineration are below 50 % of the emission limit
values determined according to Annex II or Annex V respectively and
provided that criteria for the requirements to be met, developed in
accordance with the procedure laid down in Article 17, are available.
These criteria shall at least be based on the provisions of the second
subparagraph, points (a) and (d).
Until 1 January 2005 the reduction of the frequency may be authorised
even if no such criteria are available provided that:
(a) the waste to be co-incinerated or incinerated consists only of certain
sorted combustible fractions of non-hazardous waste not suitable for
recycling and presenting certain characteristics, and which is further
specified on the basis of the assessment referred to in subparagraph
(d);
(b) national quality criteria, which have been reported to the Commis-
sion, are available for these wastes;
(c) co-incineration and incineration of these wastes is in line with the
relevant waste management plans referred to in Article 7 of Directive
75/442/EEC;
(d) the operator can prove to the competent authority that the emissions
are under all circumstances significantly below the emission limit
values set out in Annex II or Annex V for heavy metals, dioxins and
furans; this assessment shall be based on information on the quality
of the waste concerned and measurements of the emissions of the
said pollutants;
(e) the quality criteria and the new period for the periodic measurements
are specified in the permit; and
(f) all decisions on the frequency of measurements referred to in this
paragraph, supplemented with information on the amount and
quality of the waste concerned, shall be communicated on a yearly
basis to the Commission.!B2000L0076 — EN — 28.12.2000 — 000.001 — 15
8. The results of the measurements made to verify compliance with the
emission limit values shall be standardised at the following conditions
and for oxygen according to the formula as referred to in Annex VI:
(a) Temperature 273 K, pressure 101,3 kPa, 11 % oxygen, dry gas, in
exhaust gas of incineration plants;
(b) Temperature 273 K, pressure 101,3 kPa, 3 % oxygen, dry gas, in
exhaust gas of incineration of waste oil as defined in Directive
75/439/EEC;
(c) when the wastes are incinerated or co-incinerated in an oxygen-
enriched atmosphere, the results of the measurements can be
standardised at an oxygen content laid down by the competent
authority reflecting the special circumstances of the individual case;
(d) in the case of co-incineration, the results of the measurements shall
be standardised at a total oxygen 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, the
standardisation with respect 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.
9. All measurement results shall be recorded, processed and presented
in an appropriate fashion in order to enable the competent authorities to
verify compliance with the permitted operating conditions and emission
limit values laid down in this Directive in accordance with procedures to
be decided upon by those authorities.
10. The emission limit values for air shall be regarded as being complied
with if:
(a) — none of the daily average values exceeds any of the emission
limit values set out in Annex V(a) or Annex II;
— 97 % of the daily average value over the year does not exceed the
emission limit value set out in Annex V(e) first indent;
(b) either none of the half-hourly average values exceeds any of the
emission limit values set out in Annex V(b), column A or, where
relevant, 97 % of the half-hourly average values over the year do not
exceed any of the emission limit values set out in Annex V(b),
column B;
(c) none of the average values over the sample period set out for heavy
metals and dioxins and furans exceeds the emission limit values set
out in Annex V(c) and (d) or Annex II;
(d) the provisions of Annex V(e), second indent or Annex II, are met.11. 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 3 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 to malfunction or
maintenance of the continuous measurement system.
12. The average values over the sample period and the average values in
the case of periodical measurements of HF , HCl and SO
2shall be
determined in accordance with the requirements of Article 10(2) and (4)
and Annex III.!B2000L0076 — EN — 28.12.2000 — 000.001 — 16
13. The Commission, 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 heavy
metals, dioxins and furans shall be carried out in accordance with Annex
III.
14. The following measurements shall be carried out at the point of
waste water discharge:
(a) continuous measurements of the parameters referred to in Article
8(6)(b);
(b) spot sample daily measurements of total suspended solids; Member
States may alternatively provide for measurements of a flow
proportional representative sample over a period of 24 hours;
(c) at least monthly measurements of a flow proportional representative
sample of the discharge over a period of 24 hours of the polluting
substances referred to in Article 8(3) with respect to items 2 to 10 in
Annex IV;
(d) at least every six months measurements of dioxins and furans;
however one measurement at least every three months shall be
carried out for the first 12 months of operation. Member States may
fix measurement periods where they have set emission limit values
for polycyclic aromatic hydrocarbons or other pollutants.
15. The monitoring of the mass of pollutants in the treated waste water
shall be done in conformity with Community legislation and laid down in
the permit as well as the frequency of the measurements.
16. The emission limit values for water shall be regarded as being
complied with if:
(a) for total suspended solids (polluting substance number 1), 95 % and
100 % of the measured values do not exceed the respective emission
limit values as set out in Annex IV;
(b) for heavy metals (polluting substances number 2 to 10) no more than
one measurement per year exceeds the emission limit values set out
in Annex IV; or, if the Member State provides for more than 20
samples per year, no more than 5 % of these samples exceed the
emission limit values set out in Annex IV;
(c) for dioxins and furans (polluting substance 11), the twice-yearly
measurements do not exceed the emission limit value set out in
Annex IV .
17. Should the measurements taken show that the emission limit values
for air or water laid down in this Directive have been exceeded, the
competent authorities shall be informed without delay.
Article 12
Access to information and public participation
1. Without prejudice to Council Directive 90/313/EEC (1) and Directive
96/61/EC, applications for new permits for incineration and co-inciner-
ation plants shall be made available at one or more locations accessible
to the public, such as local authority offices, for an appropriate period to
enable it to comment on them before the 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.
2. For incineration or co-incineration plants with a nominal capacity of
two tonnes or more per hour and notwithstanding Article 15(2) of
Directive 96/61/EC, an annual report to be provided by the operator to
the competent authority on the functioning and monitoring of the plant
shall be made available to the public. This report shall, as a minimum!B
(1) Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to
information on the environment (OJ L 158, 23.6.1990, p. 56). Directive as lastamended by the Accession Act of 1994.2000L0076 — EN — 28.12.2000 — 000.001 — 17
requirement, give an account of the running of the process and the
emissions into air and water compared with the emission standards in
this Directive. A list of incineration or co-incineration plants with a
nominal capacity of less than two tonnes per hour shall be drawn up by
the competent authority and shall be made available to the public.
Article 13
Abnormal operating conditions
1. The competent authority shall lay down in the permit the maximum
permissible period of any technically unavoidable stoppages, disturb-
ances, 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.
2. In the case of a breakdown, the operator shall reduce or close down
operations as soon as practicable until normal operations can be restored.
3. Without prejudice to Article 6(3)(c), 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 60-hour duration applies to those lines of the
entire plant which are linked to one single flue gas cleaning device.
4. The total dust content of the emissions into the air of an incineration
plant shall under no circumstances exceed 150 mg/m3expressed 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
Review clause
Without prejudice to Directive 96/61/EC, the Commission shall submit a
report to the European Parliament and the Council before 31 December
2008 based on experience of the application of this Directive, in
particular for new plants, and on the progress achieved in emission
control techniques and experience in waste management. Furthermore,
the report shall be based on the development of the state of technology,
of experience in the operation of the plants, of environmental
requirements. This report will include a specific section on the
application of Annex II.1.1. and in particular on the economic and
technical feasibility for existing cement kilns as referred to in the
footnote to Annex II.1.1. of respecting the NO xemission limit value for
new cement kilns set out in that Annex. The report shall, as appropriate,
be accompanied by proposals for revision of the related provisions of this
Directive. However, the Commission shall, if appropriate, propose an
amendment for Annex II.3 before the said report, if major waste streams
are directed to types of co-incineration plants other than those dealt with
in Annex II.1 and II.2.
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. The first report shall cover at least the first full
three-year period after 28 December 2002 and comply with the periods
referred to in Article 17 of Directive 94/67/EC and in Article 16(3) of
Directive 96/61/EC. To this effect, the Commission shall elaborate the
appropriate questionnaire in due time.!B2000L0076 — EN — 28.12.2000 — 000.001 — 18
Article 16
Future adaptation of the directive
The Commission shall, in accordance with the procedure laid down in
Article 17(2), amend Articles 10, 11 and 13 and Annexes I and III in
order to adapt them to technical progress or new findings concerning the
health benefits of emission reductions.
Article 17
Regulatory committee
1. The Commission shall be assisted by a regulatory committee.
2. Where reference is made to this paragraph, Articles 5 and 7 of
Decision 1999/468/EC shall apply, having regard to the provisions of
Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be
set at three months.
3. The committee shall adopt its own rules of procedure.
Article 18
Repeal
The following shall be repealed as from 28 December 2005:
(a) Article 8(1) and the Annex to Directive 75/439/EEC;(b) Directive 89/369/EEC;(c) Directive 89/429/EEC;
(d) Directive 94/67/EC.
Article 19
Penalties
The Member States shall determine penalties applicable to breaches of
the national provisions adopted pursuant to this Directive. The penalties
thus provided for shall be effective, proportionate and dissuasive. The
Member States shall notify those provisions to the Commission by 28
December 2002 at the latest and shall notify it without delay of any
subsequent amendment affecting them.
Article 20
Transitional provisions
1. Without prejudice to the specific transitional provisions provided for
in the Annexes to this Directive, the provisions of this Directive shall
apply to existing plants as from 28 December 2005.
2. For new plants, i.e. plants not falling under the definition of ‘existing
incineration or co-incineration plant’ in Article 3(6) or paragraph 3 of
this Article, this Directive, instead of the Directives mentioned in Article
18, shall apply as from 28 December 2002.
3. Stationary or mobile plants whose purpose is the generation of
energy or production of material products and which are in operation and
have a permit in accordance with existing Community legislation where
required and which start co-incinerating waste not later than 28
December 2004 are to be regarded as existing co-incineration plants.!B2000L0076 — EN — 28.12.2000 — 000.001 — 19
Article 21
Implementation
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive not
later than 28 December 2002. 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 reference on the
occasion of their official publication. The methods of making such
reference shall be laid down by the Member States.
2. Member States shall communicate to the Commission the text of the
provisions of domestic law which they adopt in the field governed by this
Directive.
Article 22
Entry into force
This Directive shall enter into force on the day of its publication in the
Official Journal of the European Communities .
Article 23
Addressees
This Directive is addressed to the Member States.!B2000L0076 — EN — 28.12.2000 — 000.001 — 20
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
dibenzo-p-dioxins and dibenzofurans shall be multiplied by the following equivalence factors before summing:
Toxic equivalence factor
2,3,7,8 — Tetrachlorodibenzodioxin (TCDD) 1
1,2,3,7,8 — Pentachlorodibenzodioxin (PeCDD) 0,5
1,2,3,4,7,8 — Hexachlorodibenzodioxin (HxCDD) 0,1
1,2,3,6,7,8 — Hexachlorodibenzodioxin (HxCDD) 0,1
1,2,3,7,8,9 — Hexachlorodibenzodioxin (HxCDD) 0,1
1,2,3,4,6,7,8 — Heptachlorodibenzodioxin (HpCDD) 0,01
— Octachlorodibenzodioxin (OCDD) 0,001
2,3,7,8 — Tetrachlorodibenzofuran (TCDF) 0,1
2,3,4,7,8 — Pentachlorodibenzofuran (PeCDF) 0,5
1,2,3,7,8 — Pentachlorodibenzofuran (PeCDF) 0,05
1,2,3,4,7,8 — Hexachlorodibenzofuran (HxCDF) 0,1
1,2,3,6,7,8 — Hexachlorodibenzofuran (HxCDF) 0,1
1,2,3,7,8,9 — Hexachlorodibenzofuran (HxCDF) 0,1
2,3,4,6,7,8 — Hexachlorodibenzofuran (HxCDF) 0,1
1,2,3,4,6,7,8 — Heptachlorodibenzofuran (HpCDF) 0,01
1,2,3,4,7,8,9 — Heptachlorodibenzofuran (HpCDF) 0,01
— Octachlorodibenzofuran (OCDF) 0,001!B2000L0076 — EN — 28.12.2000 — 000.001 — 21
ANNEX II
DETERMINATION OF AIR EMISSION LIMIT V ALUES FOR THE
CO-INCINERATION OF W ASTE
The following formula (mixing rule) is to be applied whenever a specific total
emission limit value ‘C’ has not been set out in a table in this Annex.
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: exhaust gas volume resulting from the incineration of waste only
determined from the waste with the lowest calorific value specifiedin the permit and standardised at the conditions given by this
Directive.
If the resulting heat release from the incineration of hazardous waste
amounts to less than 10 % of the total heat released in the plant,V
waste must be calculated from a (notional) quantity of waste that,
being incinerated, would equal 10 % heat release, the total heat
release being fixed.
Cwaste: emission limit values set for incineration plants in Annex V for the
relevant pollutants and carbon monoxide.
Vproc: exhaust gas volume resulting from the plant process including the
combustion of the authorised fuels normally used in the plant (wastesexcluded) determined on the basis of oxygen contents at which theemissions must be standardised as laid down in Community or
national regulations. In the absence of regulations for this kind of
plant, the real oxygen content in the exhaust gas without beingthinned by addition of air unnecessary for the process must be used.The standardisation at the other conditions is given in this Directive.
C
proc: 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 orsuch values, emission limit values of the relevant pollutants andcarbon 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 downin the permit are used. In the absence of such permit values the real
mass concentrations are used.
C: total emission limit values and oxygen content as laid down in the
tables of this annex for certain industrial sectors and certainpollutants 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 Annexesof this Directive. The total oxygen content to replace the oxygencontent for the standardisation is calculated on the basis of the
content above respecting the partial volumes.
Member States may lay down rules governing the exemptions provided for in this
Annex.
II.1. Special provisions for cement kilns co-incinerating waste
Daily average values (for continuous measurements) Sample periods and other
measurement requirements as in Article 7. All values in mg/m
3(Dioxins and
furans ng/m3). Half-hourly average values shall only be needed in view of
calculating the daily average values.
The results of the measurements made to verify compliance with the emission
limit values shall be standardised at the following conditions: Temperature 273 K,
pressure 101,3 kPa, 10 % oxygen, dry gas.!B2000L0076 — EN — 28.12.2000 — 000.001 — 22
II.1.1. C — total emission limit values
Pollutant C
Total dust 30
HCI 10HF 1NO
xfor existing plants 800
NO xfor new plants 500 (1)
Cd + Tl 0,05Hg 0,05Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V 0,5Dioxins and furans 0,1
(1) For the implementation of the NO xemission limit values, cement kilns which are in
operation and have a permit in accordance with existing Community legislation andwhich start co-incinerating waste after the date mentioned in Article 20(3) are not to beregarded as new plants.
Until 1 January 2008, exemptions for NO xmay be authorised by the competent
authorities for existing wet process cement kilns or cement kilns which burn lessthan three tonnes of waste per hour, provided that the permit foresees a total
emission limit value for NO
xof not more than 1200 mg/m3.
Until 1 January 2008, exemptions for dust may be authorised by the competent
authority for cement kilns which burn less than three tonnes of waste per hour,provided that the permit foresees a total emission limit value of not more than
50 mg/m
3.
II.1.2. C — total emission limit values for SO 2and TOC
Pollutant C
SO2 50
TOC 10
Exemptions may be authorised by the competent authority in cases where TOC
and SO 2do not result from the incineration of waste.
II.1.3. Emission limit value for CO
Emission limit values for CO can be set by the competent authority.
II.2. Special provisions for combustion plants co-incinerating waste
II.2.1. Daily average values
Without prejudice to Directive 88/609/EEC and in the case where, for large
combustion plants, more stringent emission limit values are set according to future
Community legislation, the latter shall replace, for the plants and pollutants
concerned, the emission limit values as laid down in the following tables (C proc).
In that case, the following tables shall be adapted to these more stringent emissionlimit values in accordance with the procedure laid down in Article 17 without
delay.
Half-hourly average values shall only be needed in view of calculating the daily
average values.!
B2000L0076 — EN — 28.12.2000 — 000.001 — 23
Cproc:
Cprocfor solid fuels expressed in mg/Nm3(O2content 6 %):
Pollutants 550 MWth 50-100 MWth 100 to 300 MWth 4300 MWth
SO2
general case
850850 to 200
(linear decrease from
100 to 300 MWth) 200
indigenous fuels or rate of
desulphurisation
590 %or rate of
desulphurisation
592 %or rate of
desulphurisation
595 %
NO x 400 300 200
Dust 50 50 30 30
Until 1 January 2007 and without prejudice to relevant Community legislation, the
emission limit value for NO xdoes not apply to plants only co-incinerating
hazardous waste.
Until 1 January 2008, exemptions for NO xand SO 2may be authorised by the
competent authorities for existing co-incineration plants between 100 and 300
MWth using fluidised bed technology and burning solid fuels provided that thepermit foresees a C
procvalue of not more than 350 mg/Nm3for NO xand not more
than 850 to 400 mg/Nm3(linear decrease from 100 to 300 MWth) for SO 2.
Cprocfor biomass expressed in mg/Nm3(O2content 6 %):
‘Biomass’ means: products consisting of any whole or part of a vegetable matter
from agriculture or forestry, which can be used for the purpose of recovering its
energy content as well as wastes listed in Article 2(2)(a)(i) to (v).
Pollutants 550 MWth 50 to 100 MWth 100 to 300 MWth 4300 MWth
SO2 200 200 200
NO x 350 300 300
Dust 50 50 30 30
Until 1 January 2008, exemptions for NO xmay be authorised by the competent
authorities for existing co-incineration plants between 100 and 300 MWth usingfluidised bed technology and burning biomass provided that the permit foresees aC
procvalue of not more than 350 mg/Nm3.
Cprocfor liquid fuels expressed in mg/Nm3(O2content 3 %):
Pollutants 550 MWth 50 to 100 MWth 100 to 300 MWth 4300 MWth
SO2 850 850 to 200
(linear decrease from
100 to 300 MWth)200
NO x 400 300 200
Dust 50 50 30 30!B2000L0076 — EN — 28.12.2000 — 000.001 — 24
II.2.2. C — total emission limit values
C expressed in mg/Nm3(O2content 6 %). All average values over the sample
period of a minimum of 30 minutes and a maximum of 8 hours:
Pollutant C
Cd + Tl 0,05
Hg 0,05Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V 0,5
C expressed in ng/Nm
3(O2content 6 %). All average values measured over the
sample period of a minimum of 6 hours and a maximum of 8 hours:
Pollutant C
Dioxins and furans 0,1
II.3. Special provisions for industrial sectors not covered under II.1 or II.2
co-incinerating waste
II.3.1. C — total emission limit values:
C expressed in ng/Nm3. All average values measured over the sample period of a
minimum of 6 hours and a maximum of 8 hours:
Pollutant C
Dioxins and furans 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 C
Cd + Tl 0,05
Hg 0,05!B2000L0076 — EN — 28.12.2000 — 000.001 — 25
ANNEX III
Measurement techniques
1. Measurements for the determination of concentrations of air and water
polluting substances have to be carried out representatively.
2. Sampling and analysis of all pollutants including dioxins and furans as
well as reference measurement methods to calibrate automated measure-
ment systems shall be carried out as given by CEN-standards. If CENstandards are not available, ISO standards, national or internationalstandards which will ensure the provision of data of an equivalent
scientific quality shall apply.
3. At the daily emission limit value level, the values of the 95 % confidence
intervals of a single measured result shall not exceed the followingpercentages of the emission limit values:
Carbon monoxide: 10 %
Sulphur dioxide: 20 %Nitrogen dioxide: 20 %Total dust: 30 %Total organic carbon: 30 %Hydrogen chloride: 40 %Hydrogen fluoride: 40 %.!
B2000L0076 — EN — 28.12.2000 — 000.001 — 26
ANNEX IV
Emission limit values for discharges of waste water from the cleaning of exhaust gases
Polluting substancesEmission limit values expressed in mass con-
centrations for unfiltered samples
1. Total suspended solids as defined by Directive 91/271/EEC95 %
30 mg =l100 %
45 mg =l
2. Mercury and its compounds, expressed as mercury (Hg) 0,03 mg/l
3. Cadmium and its compounds, expressed as cadmium (Cd) 0,05 mg/l4. Thallium and its compounds, expressed as thallium (Tl) 0,05 mg/l
5. Arsenic and its compounds, expressed as arsenic (As) 0,15 mg/l
6. Lead and its compounds, expressed as lead (Pb) 0,2 mg/l7. Chromium and its compounds, expressed as chromium (Cr) 0,5 mg/l8. Copper and its compounds, expressed as copper (Cu) 0,5 mg/l9. Nickel and its compounds, expressed as nickel (Ni) 0,5 mg/l10. Zinc and its compounds, expressed as zinc (Zn) 1,5 mg/l11. Dioxins and furans, defined as the sum of the individual dioxins and
furans evaluated in accordance with Annex I"
C10,3 ng/l 3
Until 1 January 2008, exemptions for total suspended solids may be authorised by the competent authority for existing
incineration plants provided the permit foresees that 80 % of the measured values do not exceed 30 mg/l and none of themexceed 45 mg/l.!
B2000L0076 — EN — 28.12.2000 — 000.001 — 27
ANNEX V
AIR EMISSION LIMIT V ALUES
(a) Daily average values
Total dust 10 mg/m3
Gaseous and vaporous organic substances, expressed
as total organic carbon10 mg/m3
Hydrogen chloride (HCl) 10 mg/m3
Hydrogen fluoride (HF) 1 mg/m3
Sulphur dioxide (SO 2) 50 mg/m3
Nitrogen monoxide (NO) and nitrogen dioxide
(NO 2) expressed as nitrogen dioxide for existing
incineration plants with a nominal capacity exceed-ing 6 tonnes per hour or new incineration plants200 mg/m
3(*)
Nitrogen monoxide (NO) and nitrogen dioxide
(NO 2), expressed as nitrogen dioxide for existing
incineration plants with a nominal capacity of 6
tonnes per hour or less400 mg/m3(*)
(*) Until 1 January 2007 and without prejudice to relevant (Community) legislation
the emission limit value for NO xdoes not apply to plants only incinerating
hazardous waste.
Exemptions for NO xmay be authorised by the competent authority for
existing incineration plants:
— with a nominal capacity of 6 tonnes per hour, provided that the permit
foresees the daily average values do not exceed 500 mg/m3and this
until 1 January 2008,
— with a nominal capacity of 46 tonnes per hour but equal or less than
16 tonnes per hour, provided the permit foresees the daily averagevalues do not exceed 400 mg/m
3and this until 1 January 2010,
— with a nominal capacity of 416 tonnes per hour but 525 tonnes per
hour and which do not produce water discharges, provided that the
permit foresees the daily average values do not exceed 400 mg/m3and
this until 1 January 2008.
Until 1 January 2008, exemptions for dust may be authorised by the
competent authority for existing incinerating plants, provided that the
permit foresees the daily average values do not exceed 20 mg/m3.
(b) Half-hourly average values
(100 %) A (97 %) B
Total dust 30 mg/m310 mg/m3
Gaseous and vaporous organic sub-
stances, expressed as total organiccarbon20 mg/m
310 mg/m3
Hydrogen chloride (HCl) 60 mg/m3 10 mg/m3
Hydrogen fluoride (HF) 4 mg/m32 mg/m3
Sulphur dioxide (SO 2) 200 mg/m350 mg/m3!B2000L0076 — EN — 28.12.2000 — 000.001 — 28
(100 %) A (97 %) B
Nitrogen monoxide (NO) and ni-
trogen dioxide (NO 2), expressed as
nitrogen dixoide for existing inciner-ation plants with a nominal capacityexceeding 6 tonnes per hour or new
incineration plants400 mg/m
3(*) 200 mg/m3(*)
(*) Until 1 January 2007 and without prejudice to relevant Community legislation
the emission limit value for NO xdoes not apply to plants only incinerating
hazardous waste.
Until 1 January 2010, exemptions for NO xmay be authorised by the
competent authority for existing incineration plants with a nominal
capacity between 6 and 16 tonnes per hour, provided the half-hourly
average value does not exceed 600 mg/m3for column A or 400 mg/m3for
column B.
(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)
total
0,05 mg/m3total
0,1 mg/m3(*)Thallium and its compounds,
expressed as thallium (Tl)
Mercury and its compounds,
expressed as mercury (Hg)0,05 mg/m30,1 mg/m3(*)
Antimony and its compounds,
expressed as antimony (Sb)
total
0,5 mg/m3total
1 mg/m3(*)Arsenic and its compounds,
expressed as arsenic (As)
Lead and its compounds, expressed
as lead (Pb)
Chromium and its compounds,
expressed as chromium (Cr)
Cobalt and its compounds, expressed
as cobalt (Co)
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 average values for existing plants for which the permit to
operate has been granted before 31 December 1996, and which incineratehazardous waste only.
These average values cover also gaseous and the vapour forms of the
relevant heavy metal emissions as well as their compounds.
(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 theconcept of toxic equivalence in accordance with Annex I.
Dioxins and furans 0,1 ng/m
3!B2000L0076 — EN — 28.12.2000 — 000.001 — 29
(e) The following emission limit values of carbon monoxide (CO)
concentrations shall not be exceeded in the combustion gases (exclud-
ing the start-up and shut-down phase):
— 50 milligrams/m3of combustion gas determined as daily average
value;
— 150 milligrams/m3of 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-hourlyaverage 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 permit foresees anemission limit value for carbon monoxide (CO) of not more than100 mg/m
3as an hourly average value.
(f) Member States may lay down rules governing the exemptions provided
for in this Annex.!B2000L0076 — EN — 28.12.2000 — 000.001 — 30
ANNEX VI
Formula to calculate the emission concentration at the standard percentage
oxygen concentration
ES= calculated emission concentration at the standard percentage oxygen
concentration
EM= measured emission concentration
OS= standard oxygen concentration
OM= measured oxygen concentration!B2000L0076 — EN — 28.12.2000 — 000.001 — 31