1994L0067 — EN — 20.11.2003 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE94/67/EC
of16December 1994
ontheincinerationofhazardouswaste
(OJ L 365, 31.12.1994, p. 34)
Amended by:
Official Journal
No page date
►M1Regulation (EC) No 1882/2003 of the European Parliament and of the
Council of 29 September 2003L 284 1 31.10.2003
Corrected by:
►C1Corrigendum, OJ L 23, 30.1.1998, p. 39 (94/67/EC)
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COUNCILDIRECTIVE94/67/EC
of16December 1994
ontheincinerationofhazardouswaste
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular ►C1Article 130s(1) thereof, ◄
Having regard to the proposal from the Commission (1),
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 (3),
Whereasthe objectivesand principlesof the Community'senvironment
policy ass et out in Article 130r of the Treaty, aim in particular at
preventing pollution, rectifying pollution by acting asa priority atsource, and applying the principle that the polluter should pay;
Whereas Council resolution of 7 May 1990 on waste policy (
4) invited
the Commission to complete its proposals on incinerators for industrialwaste, as a matter of urgency;
Whereas the incineration of hazardous waste gives rise to emissions
which may cause pollution and thereby, unless properly controlled,harm human health and the environment; whereas in some cases theremight be transboundary pollution;
Whereaspreventive action istherefore required to protect the environ-
ment against dangerous emissions from the incineration of hazardous
waste;
Whereasthe current differencesin national provis ionsapplicable to the
incineration of hazardous waste, and in some cases the absence of such
provisions, justify action at Community level;
Whereas, in accordance with Article 130t of the Treaty, the adoption of
thisDirective will not prevent any Member State from maintaining orintroducing more stringent measures for the protection of the environ-ment compatible with the Treaty;
WhereasArticle 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 endangeringhuman health and without harming the environment; whereas, to this
end, Article 9 of that Directive stipulates that any installation or under-
taking treating waste must obtain a permit from the competentauthoritiesrelating, inter alia , to the precautionsto be taken;
WhereasArticles3 and 4 of Council Directive 84/360/EEC of 28 June
1984 on the combating of air pollution from industrial plants (
6),
provide that prior authorization shall be required for the operation ofindustrial plants belonging to listed categories among which are waste
incineration plants;
Whereas the purpose of the incineration plants established and operated
under thisDirective isto reduce the pollution-related ris ksof hazardous1994L0067 — EN — 20.11.2003 — 001.001 — 2
(1) OJ No C 130, 21. 5. 1992, p. 1.
(2) OJ No C 332, 16. 12. 1992, p. 49.
(3) Opinion of the European Parliament of 10 March 1993 (OJ No C 115, 26. 4.
1993, p. 90). Council common position of 11 July 1994 (OJ No C 232, 20.
8. 1994, p. 35) and Decision of the European Parliament of 17 November
1994 (OJ No C 341, 5. 12. 1994).
(4) OJ No C 122, 18. 5. 1990, p. 2.
(5) OJ No L 194, 25. 7. 1975, p. 39. Directive aslas t amended by Directive 91/
692/EEC (OJ No L 377, 31. 12. 1991, p. 48).
(6) OJ No L 188, 16. 7. 1984, p. 20. Directive asamended by Directive 91/692/
EEC.
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waste through a process of oxidation, to reduce the quantity and
volume of the waste and to produce residues that can be re-used ordiposed of safely;
Whereasa high level of environmental protection requiresthe s etting
and maintaining of appropriate operating conditions and emission limit
valuesfor hazardouswas te incineration plantswithin the Community;
whereas special provisions are necessary in the case of emissions ofdioxins and furans which it is essential to reduce by using the mostprogressive technology;
Whereas high-standard measurement techniques are required to monitor
emissions to ensure compliance with the emission limit and guidevaluesfor the pollutants ;
Whereas integrated protection of the environment against emissions
resulting from the incineration of hazardous waste is required; whereas,therefore, aqueous waste resulting from the cleaning of exhaust gases
may be discharged after separate treatment only, in order to limit a
transfer of pollution from one environmental medium to another;whereas specific emission limit values for pollutants in such aqueouswaste should be established within two years of the date of entry intoforce of thisDirective;
Whereas provisions should be laid down for cases where the emission
limit valuesare exceeded aswell asfor technically unavoidable s top-
pages, disturbances or failures of the purification devices;
Whereasthe coincineration of hazardouswas te in plantsnot primarily
intended to incinerate hazardous waste should not be allowed to cause
higher emissions of polluting substances in that part of the exhaust gasvolume resulting from such coincineration and should therefore besubject to appropriate limitations;
Whereas, for better protection of human health and the environment,
rapid adaptation of existing incineration plants to the emission limitvalueslaid down in thisDirective isrequired s o asto avoid anincreased transfer of hazardous wastes to such plants;
Whereas a committee should be set up to assist the Commission in
implementing thisDirective and adapting it to s cientific and technical
progress;
Whereasthe reportson the implementation of thisDirective are an
important element for informing the Commission and Member States
on the progress achieved in emission control techniques;
Whereas proposals for the revision of the emission limit values and
related provisions of this Directive should be submitted to the Council
before 31 December 2000 in the light of the expected development ofthe state of technology, of experience in the operation of incinerationplantsand of environmental requirements ,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. The aim of thisDirective isto provide for meas uresand proce-
duresto prevent or, where that isnot practicable, to reduce asfasas
possible negative effects on the environment, in particular the pollutionof air, soil, surface and groundwater, and the resulting risks to humanhealth, from the incineration of hazardous waste and, to that end, to setup and maintain appropriate operating conditions and emission limitvaluesfor hazardouswas te incineration plantswithin the Community.1994L0067 — EN — 20.11.2003 — 001.001 — 3
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2. ThisDirective applieswithout prejudice to other relevant
Community legislation, in particular relating to waste and the protec-tion of the health and safety of workers at incineration plants.
Article 2
For the purposes of this Directive:
1. ‘hazardous waste’ means any solid or liquid waste as defined in
Article 1 (4) of Council Directive 91/689/EEC of 12 December1991 on hazardouswas te (
1).
The following hazardous wastes shall however be excluded from the
scope of this Directive:
— combustible liquid wastes including waste oils as defined in
Article 1 of Council Directive 75/439/EEC of 16 June 1975 onthe disposal of waste oils (
2)provided that they meet the
following three criteria:
(i) the mass content of polychlorinated aromatic hydrocarbons,
e.g. polychlorinated biphenyls(PCB) or pentachlorinatedphenol (PCP), amountsto concentrationsnot higher thanthose 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 quantitiesor in concentrationswhich areinconsistent with the achievement of the objectives set outin Article 4 of Directive 75/442/EEC; and
(iii) the net calorific value amountsto at leas t 30 MJ per kilo-
gramme,
— any combustible liquid wastes which cannot cause, in the flue
gas directly resulting from their combustion, emissions otherthan those from gasoil as defined in Article 1 (1) of Directive
75/716/EEC (
3)or a higher concentration of emissions than those
resulting from the combustion of gasoil as so defined,
— hazardous waste resulting from the exploration for and the
exploitation of oil and gas resources from off-shore installationsand incinerated on board,
— municipal waste covered by Directives 89/369/EEC (
4)and 89/
429/EEC (5),
— sewage sludges from the treatment of municipal waste waters
which are not rendered hazardousby virtue of containing cons ti-
tuentslis ted in Annex II to Directive 91/689/EEC in quantities
or in concentrations, as defined by the Member States until thelist of hazardous wastes referred to in Article 1 (4) of that Direc-tive is established, which are inconsistent with the achievementof the objectivess et out in Article 4 of Directive 75/442/EEC.
Thisexlus ion iswithout prejudice to Directive 86/278/EEC (
6);1994L0067 — EN — 20.11.2003 — 001.001 — 4
(1) OJ No L 377, 31. 12. 1991, p. 20.
(2) OJ No L 194, 25. 7. 1975, p. 23. Directive aslas t amended by Directive 91/
692/EEC.
(3) Council Directive 75/716/EEC of 24 November 1975 on the approximation
of the lawsof the Member Statesrelating to the s ulphur content of certain
liquid fuels(OJ No L 307, 27. 11. 1975, p. 22). Directive aslas t amended
by Directive 91/692/EEC.
(4) Council Directive 89/369/EEC of 8 June 1989 on the prevention of air
pollution from new municipal waste incinerations plants (OJ No L 163, 14.
6. 1989, p. 32).
(5) Council Directive 89/429/EEC of 21 June 1989 on the reduction of air
pollution from existing municipal waste incinerations plants (OJ No L 203,15. 7. 1989, p. 50).
(
6) Council Directive 86/278/EEC of 12 June 1986 on the protection of the
environment and in particular of the soil, when sewage sludge is used in
agriculture (OJ No L 181, 4. 7. 1986, p. 6). Directive aslas t amended by
Directive 91/692/EEC.
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2. ‘incineration plant’ meansany technical equipment us ed for the
incineration by oxidation of hazardouswas teswith or withoutrecovery of the combustion heat generated, including pretreatment
as well as pyrolysis or other thermal treatment processes, e. g.
plasma process, insofar as their products are subsequently inciner-ated. This includes plants burning such wastes as a regular oradditional fuel for any industrial process.
This definition covers the site and the entire installation
comprising the waste reception, storage and pretreatment facilities,the incinerator, its wastes, fuel and air-supply systems, exhaust gasand waste water treatment facilities, and devices and systems forcontrolling incineration operationsand continuous ly recordingand monitoring incineration conditions.
The following plantsare not covered by thisdefinition:
— incinerators for animal carcases or remains,
— incinerators for infectious clinical waste provided that such
waste is not rendered hazardous as a result of the presence ofother constituents listed in Annex II to Directive 91/689/EEC,or
— municipal waste incinerators also burning infectious clinical
waste which is not mixed with other wastes which are renderedhazardous as a result of one of the other properties listed in
Annex III to Directive 91/689/EEC;
3. ‘new incineration plant’meansa plant for which the permit to
operate isgranted on or after the date s pecified in Article 18 (1);
4. ‘existing incineration plant’ means a plant for which the original
permit to operate isgranted before the date s pecified in Article 18
(1);
5. ‘emission limit value’ means the mass concentration of polluting
substances which is not to be exceeded in emissions from plantsduring a specified period;
6. ‘operator’ meansany natural or legal pers on who operatesthe
incineration plant, or who hasor hasbeen delegated decis iveeconomic power over it.
Article 3
1. The permit referred to in Articles9 and 10 of Directive 75/442/
EEC, in Article 11 of the said Directive, as complemented by Article 3of Directive 91/689/EEC, and in Article 3 of Directive 84/360/EECshall be granted only if the application shows that the incineration plantis designed, equipped and will be operated in such a manner that the
appropriate preventive measures against environmental pollution will
be taken and the requirementsprovided for in Articles5 to 12 of thisDirective will be met.
2. The permit granted by the competent authoritiesmus t explicitly
list the types and quantities of those hazardous wastes which may betreated in the incineration plant aswell asthe total capacity of theincinerator.1994L0067 — EN — 20.11.2003 — 001.001 — 5
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3. Where a plant not intended primarily to incinerate hazardous
wastes is being fed with hazardous wastes (coincineration), theresulting heat release from which is no higher than 40 % inclusive of
the total heat released in the plant at each moment of the operation, at
least the following Articles shall apply:
— Articles1 to 5,
— Article 6 (1) and (5),— Article 7, including the provisions relating to the measurements
referred to in Articles10 and 11,
— Article 9,
— Articles12, 13 and 14.
4. The permit for coincineration as described in paragraph 3 shall be
granted only if it isdemons trated in the application:
— that the hazardous waste burners are located and the waste fed in
such a way as to achieve a level of incineration as complete as
possible, and
— with calculationsaslaid down in Annex II that the provis ionsof
Article 7 will be met.
That permit shall explicitly list the types and quantities of those hazar-
dous wastes which may be coincinerated in the plant. It shall,moreover, specify the minimum and maximum mass flows of thosehazardous wastes, their lowest and maximum calorific values and theirmaximum contentsof pollutants , e.g. PCB, PCP, chlorine, fluorine,sulphur, heavy metals.
The results of measurements carried out within six months after the
start of operation, under the most unfavourable conditions anticipated,shall show that the provisions of Article 7 are complied with. For this
period the competent authoritiesmay grant exemptionsfrom the
percentage requirement stipulated in paragraph 3.
Article 4
Applicationsfor permitsand decis ionsof the competent authorities
thereon, and the results of the monitoring provided for in Article 11
of thisDirective, s hall be made available to the public in accordancewith Council Directive 90/313/EEC of 7 June 1990 on the freedom ofaccess to information on the environment (
1).
Article 5
1. The operator shall take all necessary measures concerning the
delivery and reception of waste in order to prevent or, where that isnot practicable, to reduce as far as possible negative effects on theenvironment, in particular the pollution of air, soil, surface and ground-
water, and the risks to human health. These measures shall cover at
least the requirements set out in paragraphs 2 and 3.
2. Prior to accepting the waste at the incineration plant, the operator
shall have available a description of the waste covering:
— the phys ical, and asfar aspracticable, the chemical compos ition of
the waste and all information necessary to evaluate its suitability for
the intended incineration process,
— the hazard characteristics of the waste, the substances with which it
cannot be mixed, and the precautionsto be taken in handling thewaste.
3. Prior to accepting the waste at the incineration plant, at least the
following reception proceduress hall be carried out by the operator:
— determination of the mass of the waste,
— 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 of1994L0067 — EN — 20.11.2003 — 001.001 — 6
(1) OJ No L 158, 23. 6. 1990, p. 56.
▼B
shipments of waste within, into and out of the European Commu-
nity (1) and by dangerous goods transport regulations,
— the taking of representative samples, unless inappropriate, as far as
possible before unloading, to verify conformity with the descriptionprovided for in paragraph 2 by carrying out controlsand to enablethe competent authoritiesto identify the nature of the was testreated. These samples shall be kept for at least one month after
the incineration.
4. The competent authoritiesmay grant exemptionsfrom paragraphs
2 and 3 for industrial plants and undertakings incinerating only theirown waste at the place of production of the waste provided that the
same level of protection is met.
Article 6
1. Plants for the incineration of hazardous wastes shall be operated
in order to achieve a level of incineration as complete as possible. This
may require the use of appropriate techniques of waste pretreatment.
2. All incineration plants shall be designed, equipped and operated
in such a way that the gas resulting from the incineration of the hazar-
dous waste is raised, after the last injection of combustion air, in a
controlled and homogeneous fashion and even under the most unfa-vourable conditionsanticipated, to a temperature of at leas t 850 ºC, asachieved at or near the inner wall of the combustion chamber, for atleast two seconds in the presence of at least 6 % oxygen; if hazardous
wastes with a content of more than 1 % of halogenated organic
substances, expressed as chlorine, are incinerated, the temperature hasto be raised to at least 1 100 ºC.
When the furnace isfuelled with liquid hazardouswas te only or with a
mixture of gaseous substances and powdered solids from a thermal
pretreatment of hazardouswas te under oxygen deficiency, and whenthe gaseous part accounts for more than 50 % of the entire heatreleased, the oxygen content after the last injection of combustion airshall amout to at least 3 %.
3. All incineration plantss hall be equipped with burnerswhich
switch on automatically when the temperature of the combustion gases,after the last injection of combustion air, falls below the relevantminimum temperature stated in paragraph 2. Such burners shall also
be used during plant start-up or shut-down operations in order to ensure
that the relevant minimum temperature ismaintained while unburntwaste is in the combustion chamber.
During start-up and shut-down or when the temperature of the combus-
tion gases falls below the relevant minimum temperature stated in
paragraph 2, the burners must not be fed with fuels which can causehigher emissions than those resulting from the burning of gasoil asdefined in Article 1 (1) of Directive 75/716/EEC, liquefied gasornatural gas.
It is mandatory to have and to operate a system to prevent hazardous
waste feed:
— at start-up, until the required minimum incineration temperature has
been reached,
— whenever the required minimum incineration temperature isnot
maintained,
— whenever the continuousmeas urementsrequired by Article 11 (1)
(a) show that any emission limit value is exceeded owing to distur-bancesor failuresof the purification devices .
4. Requirementsdifferent from thos e laid down in paragraph 2 and
specified in the permit for certain hazardous wastes may be authorizedby the competent authorities. Such authorization shall be conditionalupon at least the provisions of Article 7 being complied with and thelevelsof dioxinsand furansemitted being lower or equivalent to thos e1994L0067 — EN — 20.11.2003 — 001.001 — 7
(1) OJ No L 30, 6. 2. 1993, p. 1.
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obtained by applying the requirementslaid down in paragraph 2 of the
present Article.
All operating conditionsdetermined under the provis ionsof thispara-
graph and the results of verifications made shall be communicated to
the Commission as part of the information provided in accordancewith Article 17.
5. During the operation of the incineration plant the following limit
valuesfor carbon monoxide (CO) concentrationss hall not be exceededin the combustion gases:
(a) 50 mg/m³ of combustion gas determined as daily average value;
(b) 150 mg/m³ of combustion gas of at least 95 % of all measurements
determined as10-minute average valuesor 100 mg/m³ of combus -tion gasof all meas urementsdetermined ashalf-hourly averagevaluestaken in any 24-hour period.
6. All incineration plants shall be designed, equipped and operated
in such a way as to prevent emissions into the air giving rise to signif-
icant ground-level air pollution; in particular, exhaust gases shall be
discharged in a controlled fashion by means of a stack.
The stack height shall be calculated in such a way as to safeguard
human health and the environment.
Article 7
1.
These average values also cover the gaseous and the vapour forms of the
relevant heavy metal emissions as well as their compounds.
(a)Dailyaverage values:
1. Total dust 10 mg/m³2. Gaseous and vaporous organic
substances, expressed as totalorganic carbon10 mg/m³
3. Hydrogen chloride (HCl) 10 mg/m³
4. Hydrogen fluoride (HF) 1 mg/m³
5. Sulphur dioxide (SO
2) 50 mg/m³
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(b)Half-hourly averagevalues:
1. Total dust 30 mg/m³ 10 mg/m³2. Gaseous and
vaporousorganicsubstances,expressed as total
organic carbon20 mg/m³ 10 mg/m³
3. Hydrogen
chloride (HCl)60 mg/m³ 10 mg/m³
4. Hydrogen fluoride
(HF)4 mg/m³ 2 mg/m³
5. Sulphur dioxide
(SO
2)200 mg/m³ 50 mg/m³
(c)All average values over the sample period of a minimum
of30minutesandamaximumofeighthours;
1. Cadmium and itscompounds ,
expressed as cadmium (Cd)9
>>=
>>;total 0,05 mg/m³ (*)0,1 mg/
m³ (**)
2. Thallium and itscompounds ,
expressed as thallium (TI)1994L0067 — EN — 20.11.2003 — 001.001 — 8
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3. Mercury and itscompounds ,
expressed as mercury (Hg)/C27
0,05 mg/m³ (*)0,1 mg/m³ (**)
4. Antimony and its
compounds, expressed as anti-mony (Sb)9
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>=
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>;5. Arsenic and its compounds,
expressed as arsenic (As)
6. Lead and itscompounds ,
expressed as lead (Pb)
7. Chromium and its
compounds, expressed as chro-
mium (Cr)
8. Cobalt and itscompounds ,
expressed as cobalt (Co)
9. Copper and itscompounds ,
expressed as copper (Cu)total 0,5 mg/m³ (*)1 mg/m³ (**)
10. Manganese and its
compounds, expressed as
manganese (Mn)
11. Nickel and itscompounds ,
expressed as nickel (Ni)
12. Vanadium and its
compounds, expressed as vana-dium (V)
13. Tin and itscompounds ,
expressed as tin (Sn)
Incineration plants shall be designed, equipped and operated in such a way that at least the
following emission limit values are not exceeded in the exhaust gases:
(*) New plants.
(**) Existing plants.
2. The emission of dioxins and furans shall be reduced by the most
progressive techniques. At the latest from 1 January 1997, all averagevalues measured over the sample period of a minimum of six hours anda maximum of eight hourss hall not exceed a limit value of 0,1 ng/m³unless, at least six months before that date, the availability of harmo-nized measurement methods has not been established at Community
level by the Commission acting in accordance with the procedure laid
down in Article 16. Thislimit value isdefined asthe s um of theconcentrationsof the individual dioxinsand furansevaluated in accor-dance with Annex I.
Until the date of application of thislimit value, Member Statess hall
use this value at least as a guide value.
3. The results of the measurements made to verify compliance with
the limit and guide values set out in Article 6 and in this Article shallbe standardized at the conditions laid down in Article 11 (2).
4. Where hazardouswas tesare co-incinerated in accordance with
Article 3 (3), the provisions of Article 6 (5) and paragraphs 1, 2 and3 of thisArticle s hall only apply, according to the criteria laid down
in Annex II, to that part of the volume of exhaust gas resulting from
the incineration of the hazardous wastes.
Appropriate emission limit and guide values for the relevant pollutants
emitted in the exhaust gas of the plants referred to in Article 3 (3) shallbe determined in accordance with Annex II.
Article 8
1. Any waste water discharged from an incineration plant shall be
subject to a permit granted by the competent authorities.1994L0067 — EN — 20.11.2003 — 001.001 — 9
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2. Discharges to the aquatic environment of aqueous waste resulting
from the cleaning of exhaust gases shall be limited as far as possible.
Subject to a specific provision in the permit, the aqueous wastes may
be discharged after separate treatment on condition that:
— the requirementsof relevant Community, national and local provi-
sions are complied with in the form of emission limit values, and
— the mass of heavy metals, dioxins and furans contained in those
aqueous wastes in relation to the quantity of hazardous waste
processed is reduced in such a way that the mass allowed to be
discharged to water is less than that allowed to be discharged intothe air.
3. Without prejudice to paragraph 2, the Council, acting on a
proposal from the Commission, shall establish within two years of theentry into force of this Directive a set of specific limit values for thepollutants contained in the effluents from the cleaning of exhaust gases
to be discharged.
4. Incineration plant sites including associated storage areas for
hazardous wastes shall be designed and operated in such a way as to
prevent the release of any polluting substance into soil and ground-water following the provisions of Council Directive 80/68/EEC of 17December 1979 on the protection of groundwater against pollutioncaused by certain dangerous substances (
1). Moreover, storage capacity
shall be provided for rainwater runoff from the incineration plant site
or for contaminated water arising from spillages or firefighting opera-
tions. This storage capacity shall be adequate to ensure that such waterscan be tested and treated before discharge where necessary.
Article 9
1. Residues resulting from the operation of the incineration plant
shall be recovered or disposed of in accordance with Directives 75/
442/EEC and 91/689/EEC. Thismay require a pretreatment of the res i-dues. Such residues should be kept separate from each other pendingassessment of their recovery or disposal; in order to further facilitatethese, the appropriate technologies should be applied.
2. Transport and intermediate storage of dry residues in the form of
dust, e.g. boiler dust and dry residues from the treatment of exhaust
gases, shall take place in closed containers.
3. Any heat generated by the incineration processes should be used
asfar aspos s ible.
4. Prior to determining the routes for the disposal or recovery of the
residues from incineration, appropriate tests shall be carried out to
establish the physical and chemical characteristics and the pollutingpotential of the different incineration residues. The analysis shallconcern in particular the soluble fraction and heavy metals.
Article 10
1. Measurement requirements in order to monitor in accordance with
Article 11 the parameters, conditions and mass concentrations of thepollutants relevant to the incineration process shall be laid down inthe permit or in the conditions attached to the permit issued by thecompetent authoritiesor in the relevant general binding rulesonmeasurement requirements.
2. The permit shall only be granted if the application shows that the
proposed measurement techniques comply with Annex III. The values
of the confidence interval (95 %) at the emission limit values given in
Article 6 (5) (a) and Article 7 (1) (a), Nos1, 2, 3 and 5, s hall notexceed the valuesgiven in Annex III, point 4.1994L0067 — EN — 20.11.2003 — 001.001 — 10
(1) OJ No L 20, 26. 1. 1980, p. 43. Directive aslas t amended by Directive 91/
692/EEC.
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The appropriate installation and the functioning of the automated moni-
toring equipment shall be subject to control and to an annualsurveillance test.
3. The sampling and measurement procedures used to satisfy the
obligations imposed for periodical measurements of each air pollutantand the location of the sampling or measurement points shall be speci-fied in the permit granted by the competent authorities, or in theconditionsattached to the permit or in the relevant general bindingrules on sampling and measurement procedures.
The requirements for periodical measurements shall be fixed by the
competent authoritiesin accordance with Annex III.
Article 11
1. The following measurements shall be carried out in accordance
with Annex III at the incineration plant:
(a) continuous measurements of the substances referred to in Article 6
(5) and Article 7 (1) (a) and (b);
(b) continuous measurements of the following process operation para-
meters:
— temperature asreferred to in Article 6 (2) and (4),
— concentration of oxygen, pressure, temperature and water
vapour content of the exhaust gas;
(c) at least two measurements per year of the substances referred to in
Article 7 (1) (c) and (2); one measurement every two months shall
however be carried out for the first 12 months of operation;
(d) the residence time, the relevant minimum temperature and the
oxygen content of the exhaust gases as specified in Article 6 (2)
and (4) shall be subject to appropriate verification, at least once
when the incineration plant isbrought into s ervice and under themost unfavourable operating conditions anticipated.
The continuous measurement of HF may be omitted if treatment stages
for HCl are used which make sure that the emission limit value underArticle 7 (1) (a) (3) and (1) (b) (3) isnot being exceeded. In thiscas e
the emissions of HF shall be subject to periodical measurements.
The continuous measurement of the water vapour content shall not be
necessary, provided that the sampled exhaust gas is dried before theemissions are analysed.
Measurements of the pollutants listed in Article 7 (1) shall not be
necessary, provided that the permit allows the incineration of onlythose hazardous wastes which cannot cause average values of those
pollutants higher than 10 % of the emission limit values set out in
Article 7 (1).
The Commission, acting in accordance with the procedure laid down in
Article 16, shall decide, as soon as appropriate measurement techniquesare available within the Community, the date from which continuousmeasurements of the substances referred to in Article 7 (1) (c) and (2)are to be carried out in accordance with Annex III.
2. The results of the measurements made to verify compliance with
the emission limit and guide values set out in Articles 6 and 7 shall be
standardized at the following conditions:
— Temperature 273 K, pressure 101,3 kPa, 11 % oxygen, dry gas,
— Temperature 273 K, pressure 101,3 kPa, 3 % oxygen, dry gas, in
case of incineration of waste oil only as defined in Directive 75/439/EEC.
When the hazardouswas tesare incinerated in an oxygen-enriched
atmosphere, the results of the measurements can be standardized at an
oxygen content laid down by the competent authoritiesreflecting thespecial circumstances of the individual case. In a case covered byArticle 3 (3), the results of the measurements shall be standardized ata total oxygen content ascalculated in Annex II.1994L0067 — EN — 20.11.2003 — 001.001 — 11
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When the emissions of pollutants are reduced by exhaust gas treatment,
the standardization with respect to the oxygen contents provided for inthe 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.
3. The emission limit values are complied with if:
— all the daily average values do not exceed the emission limit values
set out in Article 6 (5) (a) and Article 7 (1) (a), and
either all the half-hourly average valuesover the year do not exceed
the emission limit values set out in column A of Article 7 (1) (b),
or 97 % of the half-hourly average valuesover the year do not
exceed the emission limit values set out in column B of Article 7
(1) (b),
— all average values over the sample period set out in Article 7 (1) (c)
do not exceed the emission limit values set out in that subpara-graph,
— the provisions of Article 6 (5) (b) are complied with.
The average valuesdetermined within the periodsreferred to in Article
12 (2) shall be excluded from the judgment on compliance.
The half-hourly average valuesand the 10-minute averagess hall be
determined within the effective operating time (including the start-upand shut-off periods when hazardous waste is being incinerated) fromthe measured values after having subtracted the value of the confidenceinterval specified in point 4 of Annex III. The daily average values
shall be determined from those validated average values.
The average values over the sample period and, in the case of period-
ical measurements of HF, the average values for HF shall be
determined in accordance with the requirementsof Article 10 (3).
Article 12
1. Should the measurements taken show that the emission limit
valueslaid down in thisDirective have been exceeded, the competent
authorities shall be informed without delay. The plant concerned shallnot continue to feed hazardouswas te while failing to comply withemission limit values, until such time as the competent authoritiesallow the resumption of the feeding of such waste.
2. The competent authorities shall lay down the maximum permis-
sible period of any technically unavoidable stoppages, disturbances, orfailuresof the purification devicesor the meas urement devices , duringwhich the concentrationsin the dis chargesinto the air of the regulated
substances may exceed the emission limit values laid down. Under no
circumstances shall the plant continue to incinerate hazardous waste fora time period of more than four hoursuninterrupted; moreover, thecumulative duration of operation in such conditions over one year shallbe less than 60 hours.
In case of a breakdown, the operator shall reduce or close down opera-
tionsass oon aspracticable until normal operationscan be res tored. Inplants covered by Article 3 (3) feeding of hazardous wastes shall bestopped.
The total dust content of the discharges shall under no circumstances
exceed 150 mg/m³ expressed as a half-hourly average; morever, theemission limit value laid down in Article 7 (1) (a) (2) and (1) (b) (2)must not be exceeded. All other conditions referred to in Article 6 shall
be complied with.
Article 13
1. The provisions of this Directive shall apply to existing incinera-
tion plants within three years and six months after the date specified
in Article 18 (1).
2. However, the operator may notify the competent authorities
within six months after the date specified in Article 18 (1) that the1994L0067 — EN — 20.11.2003 — 001.001 — 12
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existing plant will not be operated for more than 20 000 hours within a
period of five yearsat maximum, s tarting from the operator'snotifica-tion, before being definitely shut down. In this case the provisions of
paragraph 1 shall not apply.
Article 14
Before 31 December 2000, and notably in the light of the expected
development of the state of technology, of experience in the operationof the plants, and of environmental requirements, the Commission shall
submit to the Council a report, based on experience of the application
of the Directive and on the progress achieved in emission control tech-niques, accompanied by proposals for revision of the emission limitvaluesand related provis ionsreferred to in thisDirective.
Any emission limit value established following such revision shall not
apply to existing incineration plants before 31 December 2006.
Article 15
The Commission, acting in accordance with the procedure laid down in
Article 16, shall adopt the amendments required to adapt to technicalprogress the provisions of Articles 10 to 12 and Annexes I to III.
Article 16
1. The Commission shall be assisted by a committee.2. Where reference ismade to thisArticle, Articles5 and 7 of Deci-
sion 1999/468/EC (
1) 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 rules of procedure.
Article 17
The reports on the implementation of this Directive shall be established
in accordance with the procedure laid down in Article 5 of Directive91/692/EEC. The first report shall cover the first full three-year period
after the entry into force of thisDirective.
Article 18
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directivebefore 31 December 1996. They shall forthwith inform the Commis-
sion thereof.
When Member States adopt these measures, they shall contain a refer-
ence to this Directive or shall be accompanied by such reference on theoccasion of their official publication. The methods of making suchreference shall be laid down by Member States.
2. Member States shall communicate to the Commission the texts of
the provisions of domestic law which they adopt in the field coveredby thisDirective.
Article 19
ThisDirective s hall enter into force on the day of itspublication in the
Official Journal of the European Communities1994L0067 — EN — 20.11.2003 — 001.001 — 13
(1) Council Decision 1999/468/EC of 28 June 1999 laying down the procedures
for the exercise of implementing powers conferred on the Commission (OJ
L 184, 17.7.1999, p. 23).▼M1
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Article 20
This Directive is addressed to the Member States.1994L0067 — EN — 20.11.2003 — 001.001 — 14
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ANNEX I
EQUIVALENCEFACTORSFORDIOXINSANDDIBENZOFURANS
For the determination of the summed value referred to in Article 7 (2) the mass
concentrationsof the following dioxinsand dibenzofuranshave to be multiplied
by the following equivalence factors before summing up (using the concept of
toxic equivalents).
Toxic equivalence factor
2,3,7,8 — Tetrachlorodibenzodioxin (TCDD) 1
1,2,3,7,8 — Pentachlorodibenzodioxin (PeCDD) 0,51,2,3,4,7,8 — Hexachlorodibenzodioxin (HxCDD) 0,1
1,2,3,7,8,9 — Hexachlorodibenzodioxin (HxCDD) 0,1
1,2,3,6,7,8 — Hexachlorodibenzodioxin (HxCDD) 0,11,2,3,4,6,7,8 — Heptachlorodibenzodioxin (HpCDD) 0,01
— Octachlorodibenzodioxin (OCDD) 0,001
2,3,7,8 — Tetrachlorodibenzofuran (TCDF) 0,12,3,4,7,8 — Pentachlorodibenzofuran (PeCDF) 0,5
1,2,3,7,8 — Pentachlorodibenzofuran (PeCDF) 0,05
1,2,3,4,7,8 — Hexachlorodibenzofuran (HxCDF) 0,11,2,3,7,8,9 — Hexachlorodibenzofuran (HxCDF) 0,1
1,2,3,6,7,8 — Hexachlorodibenzofuran (HxCDF) 0,1
2,3,4,6,7,8 — Hexachlorodibenzofuran (HxCDF) 0,11,2,3,4,6,7,8 — Heptachlorodibenzofuran (HpCDF) 0,01
1,2,3,4,7,8,9 — Heptachlorodibenzofuran (HpCDF) 0,01
— Octachlorodibenzofuran (OCDF) 0,0011994L0067 — EN — 20.11.2003 — 001.001 — 15
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ANNEX II
DETERMINATION OF EMISSION LIMIT AND GUIDE VALUES FOR
THECOINCINERATIONOFHAZARDOUSWASTE
The limit or guide value for each relevant pollutant and carbon monoxide in the
exhaust gas resulting from the coincineration of hazardous waste must be calcu-
lated asfollows :
Vwaste/C2CwasteþVproc/C2Cproc
VwasteþVproc¼C
Vwaste: exhaust gas volume resulting from the incineration of hazardous
waste only determined from the waste with the lowest calorific value
specified in the permit and standardized at the conditions given in
Article 11 (2).
If the resulting heat release from the incineration of hazardous waste
amounts to less than 10 % of the total heat released in the plant, Vwastemust be calculated from a (notional) quantity of waste that, beingincinerated, would equal 10 % heat release, the total heat release
being fixed.
C
waste: emission limit values set for plants intended to incinerate hazardous
wastes only (at least the emission limit values and guide value for
the pollutantsand carbon monoxide aslaid down in Article 7 (1)
and (2) and Article 6 (5)).
Vproc: exhaust gas volume resulting from the plant process including the
combustion of the authorized fuels normally used in the plant (hazar-
dous wastes excluded) determined on the basis of oxygen contents at
which the emissions must be standardized 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 being
thinned by addition of air unnecessary for the process must be used.
The standardization at the other conditions is given in Article 11 (2).
Cproc: emission limit values for the relevant pollutants and carbon monoxide
in the flue gasof plantswhich comply with the national laws , regula-
tions and administrative provisions for such plants while burning the
normally authorized fuels (hazardous wastes excluded). In the absence
of these measures the emission limit values laid down in the permit
are used. In the absence of such permit values the real mass concen-
trationsare us ed.
C: total emission limit value or guide value for CO and the relevant
pollutants replacing the emission limit values and the guide value as
laid down in Article 6 (5) and in Article 7 (1) and (2). The total
oxygen content to replace the oxygen content for the standardization
in Articles6 and 7 iscalculated on the bas isof the content above
respecting the partial volumes.
Pollutantsand CO not res ulting directly from the incineration of hazardous
wastes or from the combustion of fuels e.g. from materials necessary for produc-
tion or from products), as well as CO directly resulting from such incineration
or combustion if
— the higher CO concentrationsin the combus tion gasare required by the
production process, and
—Cwaste(asdefined above) for dioxinsand furansismet,
shall not be taken into account.
In any case, given the authorized hazardous wastes which can be coincinerated,
the total emission limit value (C) must be calculated in such a way as to mini-
mize the emissions into the environment.1994L0067 — EN — 20.11.2003 — 001.001 — 16
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ANNEX III
MEASUREMENTTECHNIQUES
1. Measurements for the determination of concentrations of air pollutants in
gas-carrying products 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 measurement
systems shall be carried out as given by CEN-standards elaborated on the
basis of orders placed by the Commission. While awaiting the elaboration
of the CEN-standards, national standards shall apply.
3. The procedure to monitor dioxinsand furanscan only be authorized if the
detection limit for the sampling and analysis of the individual dioxins and
furans is sufficiently low to allow the determination of a meaningful result
in termsof toxicity equivalents .
4. The values of the 95 % confidence intervals determined at the emission limit
values shall not exceed the following percentages of the emission limit
values:
Carbon monoxide (Article 6 (5) (a)): 10 %
Sulphur dioxide (Article 7 (1) (a) (5)): 20 %
Total dust (Article 7 (1) (a) (1)): 30 %Total organic carbon (Article 7 (1) (a) (2)): 30 %
Hydrogen chloride (Article 7 (1) (a) (3)): 40 %1994L0067 — EN — 20.11.2003 — 001.001 — 17