1994L0067 — EN — 31.12.1994 — 000.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL DIRECTIVE 94/67/EC
of 16 December 1994
on the incineration of hazardous waste
(OJ L 365, 31.12.1994, p. 34)
Corrected by:
►C1Corrigendum, OJ L 23, 30.1.1998, p. 39 (94/67)
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COUNCIL DIRECTIVE 94/67/EC
of 16 December 1994
on the incineration of hazardous waste
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),
Whereas the objectives and principles of the Community’s environment
policy as set out in Article 130r of the Treaty, aim in particular atpreventing pollution, rectifying pollution by acting as a 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;
Whereas preventive action is therefore required to protect the environ-
ment against dangerous emissions from the incineration of hazardouswaste;
Whereas the current differences in national provisions applicable to the
incineration of hazardous waste, and in some cases the absence of suchprovisions, justify action at Community level;
Whereas, in accordance with Article 130t of the Treaty, the adoption of
this Directive will not prevent any Member State from maintaining orintroducing more stringent measures for the protection of the environ-ment compatible with the Treaty;
Whereas 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 endangeringhuman health and without harming the environment; whereas, to thisend, Article 9 of that Directive stipulates that any installation or under-taking treating waste must obtain a permit from the competent authori-ties relating, inter alia , to the precautions to be taken;
Whereas Articles 3 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 wasteincineration plants;
Whereas the purpose of the incineration plants established and operated
under this Directive is to reduce the pollution-related risks of hazardouswaste through a process of oxidation, to reduce the quantity and volume
(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 17November 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 as last 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 as amended by Directive 91/
692/EEC.
1994L0067 — EN — 31.12.1994 — 000.001 — 3
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of the waste and to produce residues that can be re-used or diposed ofsafely;
Whereas a high level of environmental protection requires the setting
and maintaining of appropriate operating conditions and emission limitvalues for hazardous waste incineration plants within 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 guidevalues for 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 gasesmay be discharged after separate treatment only, in order to limit atransfer 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 this Directive;
Whereas provisions should be laid down for cases where the emission
limit values are exceeded as well as for technically unavoidable stop-pages, disturbances or failures of the purification devices;
Whereas the coincineration of hazardous waste in plants not primarily
intended to incinerate hazardous waste should not be allowed to causehigher 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 limitvalues laid down in this Directive is required so as to avoid an increasedtransfer of hazardous wastes to such plants;
Whereas a committee should be set up to assist the Commission in
implementing this Directive and adapting it to scientific and technicalprogress;
Whereas the reports on the implementation of this Directive are an
important element for informing the Commission and Member States onthe 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 Councilbefore 31 December 2000 in the light of the expected development ofthe state of technology, of experience in the operation of incinerationplants and of environmental requirements,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. The aim of this Directive is to provide for measures and proced-
ures to prevent or, where that is not practicable, to reduce as fas aspossible 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 limitvalues for hazardous waste incineration plants within the Community.
2. This Directive applies without prejudice to other relevant
Community legislation, in particular relating to waste and the protectionof the health and safety of workers at incineration plants.
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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 December 1991on hazardous waste(
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), amounts to concentrations not 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 Directive91/689/EEC in quantities or in concentrations which areinconsistent with the achievement of the objectives set outin Article 4 of Directive 75/442/EEC; and
(iii) the net calorific value amounts to at least 30 MJ per kilo-
gramme,
— any combustible liquid wastes which cannot cause, in the flue
gas directly resulting from their combustion, emissions other thanthose 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 hazardous by virtue of containing constit-uents listed in Annex II to Directive 91/689/EEC in quantities orin concentrations, as defined by the Member States until the listof hazardous wastes referred to in Article 1 (4) of that Directiveis established, which are inconsistent with the achievement of theobjectives set out in Article 4 of Directive 75/442/EEC. Thisexlusion is without prejudice to Directive 86/278/EEC (
6);
2. ‘incineration plant' means any technical equipment used for the
incineration by oxidation of hazardous wastes with or withoutrecovery of the combustion heat generated, including pretreatment aswell as pyrolysis or other thermal treatment processes, e. g. plasmaprocess, insofar as their products are subsequently incinerated. Thisincludes plants burning such wastes as a regular or additional fuel forany industrial process.
(1) OJ No L 377, 31. 12. 1991, p. 20.
(2) OJ No L 194, 25. 7. 1975, p. 23. Directive as last amended by Directive
91/692/EEC.
(3) Council Directive 75/716/EEC of 24 November 1975 on the approxima-
tion of the laws of the Member States relating to the sulphur content ofcertain liquid fuels (OJ No L 307, 27. 11. 1975, p. 22). Directive as lastamended 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 inagriculture (OJ No L 181, 4. 7. 1986, p. 6). Directive as last amended byDirective 91/692/EEC.
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This definition covers the site and the entire installation comprising
the waste reception, storage and pretreatment facilities, the inciner-ator, its wastes, fuel and air-supply systems, exhaust gas and wastewater treatment facilities, and devices and systems for controllingincineration operations and continuously recording and monitoringincineration conditions.
The following plants are not covered by this definition:— 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 of otherconstituents 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 inAnnex III to Directive 91/689/EEC;
3. ‘new incineration plant' means a plant for which the permit to
operate is granted on or after the date specified in Article 18(1);
4. ‘existing incineration plant' means a plant for which the original
permit to operate is granted before the date specified 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' means any natural or legal person who operates the incin-
eration plant, or who has or has been delegated decisive economicpower over it.
Article 3
1. The permit referred to in Articles 9 and 10 of Directive 75/
442/EEC, in Article 11 of the said Directive, as complemented byArticle 3 of Directive 91/689/EEC, and in Article 3 of Directive 84/360/EEC shall be granted only if the application shows that the incin-eration plant is designed, equipped and will be operated in such amanner that the appropriate preventive measures against environmentalpollution will be taken and the requirements provided for in Articles5 to 12 of this Directive will be met.
2. The permit granted by the competent authorities must explicitly
list the types and quantities of those hazardous wastes which may betreated in the incineration plant as well as the total capacity of theincinerator.
3. Where a plant not intended primarily to incinerate hazardous
wastes is being fed with hazardous wastes (coincineration), the resultingheat release from which is no higher than 40 % inclusive of the totalheat released in the plant at each moment of the operation, at least thefollowing Articles shall apply:
— Articles 1 to 5,
— Article 6 (1) and (5),— Article 7, including the provisions relating to the measurements
referred to in Articles 10 and 11,
— Article 9,— Articles 12, 13 and 14.
4. The permit for coincineration as described in paragraph 3 shall be
granted only if it is demonstrated 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 aspossible, and
— with calculations as laid down in Annex II that the provisions of
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 those hazardouswastes, their lowest and maximum calorific values and their maximum
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contents of 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, shallshow that the provisions of Article 7 are complied with. For this periodthe competent authorities may grant exemptions from the percentagerequirement stipulated in paragraph 3.
Article 4
Applications for permits and decisions of the competent authorities
thereon, and the results of the monitoring provided for in Article 11 ofthis Directive, shall be made available to the public in accordance withCouncil Directive 90/313/EEC of 7 June 1990 on the freedom of accessto 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 is notpracticable, to reduce as far as possible negative effects on the environ-ment, in particular the pollution of air, soil, surface and groundwater,and the risks to human health. These measures shall cover at least therequirements 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 physical, and as far as practicable, the chemical composition of
the waste and all information necessary to evaluate its suitability forthe intended incineration process,
— the hazard characteristics of the waste, the substances with which it
cannot be mixed, and the precautions to be taken in handling thewaste.
3. Prior to accepting the waste at the incineration plant, at least the
following reception procedures shall 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 ofshipments of waste within, into and out of the EuropeanCommunity (
2) 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 controls and to enablethe competent authorities to identify the nature of the wastes treated.These samples shall be kept for at least one month after the incin-eration.
4. The competent authorities may grant exemptions from paragraphs
2 and 3 for industrial plants and undertakings incinerating only theirown waste at the place of production of the waste provided that thesame 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. Thismay 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 hazardouswaste is raised, after the last injection of combustion air, in a controlledand homogeneous fashion and even under the most unfavourable condi-tions anticipated, to a temperature of at least 850 °C, as achieved at or
(1) OJ No L 158, 23. 6. 1990, p. 56.
(2) OJ No L 30, 6. 2. 1993, p. 1.
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near the inner wall of the combustion chamber, for at least two seconds
in the presence of at least 6 % oxygen; if hazardous wastes with acontent of more than 1 % of halogenated organic substances, expressedas chlorine, are incinerated, the temperature has to be raised to at least1 100 °C.
When the furnace is fuelled with liquid hazardous waste only or with a
mixture of gaseous substances and powdered solids from a thermalpretreatment of hazardous waste under oxygen deficiency, and when thegaseous part accounts for more than 50 % of the entire heat released,the oxygen content after the last injection of combustion air shall amoutto at least 3 %.
3. All incineration plants shall be equipped with burners which
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 beused during plant start-up or shut-down operations in order to ensurethat the relevant minimum temperature is maintained 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 inparagraph 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 gas ornatural 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 is not
maintained,
— whenever the continuous measurements required by Article 11 (1)
(a) show that any emission limit value is exceeded owing to distur-bances or failures of the purification devices.
4. Requirements different from those 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 thelevels of dioxins and furans emitted being lower or equivalent to thoseobtained by applying the requirements laid down in paragraph 2 of thepresent Article.
All operating conditions determined under the provisions of this para-
graph and the results of verifications made shall be communicated tothe Commission as part of the information provided in accordance withArticle 17.
5. During the operation of the incineration plant the following limit
values for carbon monoxide (CO) concentrations shall 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 as 10-minute average values or 100 mg/m³ of combus-tion gas of all measurements determined as half-hourly averagevalues taken 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 significantground-level air pollution; in particular, exhaust gases shall bedischarged 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.
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Article 7
1. These average values also cover the gaseous and the vapour formsof the relevant heavy metal emissions as well as their compounds.(a) Daily average values:
1. Total dust 10 mg/m³2. Gaseous and vaporous organic substances, expressedas total organic carbon10 mg/m³
3. Hydrogen chloride (HCl) 10 mg/m³4. Hydrogen fluoride (HF) 1 mg/m³5. Sulphur dioxide (SO
2) 50 mg/m³
AB
(b) Half-hourly average values:
1. Total dust 30 mg/m³ 10 mg/m³2. Gaseous and vaporous organicsubstances, expressed as total organiccarbon20 mg/m³ 10 mg/m³
3. Hydrogen chloride (HCl) 60 mg/m³ 10 mg/m³4. Hydrogen fluoride (HF) 4 mg/m³ 2 mg/m³5. Sulphur dioxide (SO
2) 200 mg/m³ 50 mg/m³
(c) All average values over the sample period
of a minimum of 30 minutes and amaximum of eight hours;1. Cadmium and its compounds, expressedas cadmium (Cd)total
2. Thallium and its compounds, expressedas thallium (TI)0,05 mg/m³ (*)0,1 mg/m³ (**)
3. Mercury and its compounds, expressedas mercury (Hg)0,05 mg/m³ (*)0,1 mg/m³ (**)
4. Antimony and its compounds, expressedas antimony (Sb)5. Arsenic and its compounds, expressedas arsenic (As)6. Lead and its compounds, expressed aslead (Pb)7. Chromium and its compounds,expressed as chromium (Cr)8. Cobalt and its compounds, expressed ascobalt (Co)total
9. Copper and its compounds, expressed ascopper (Cu)0,5 mg/m³ (*)1 mg/m³ (**)
10. Manganese and its compounds,expressed as manganese (Mn)11. Nickel and its compounds, expressedas nickel (Ni)12. Vanadium and its compounds,expressed as vanadium (V)13. Tin and its compounds, expressed astin (Sn)Incineration plants shall be designed, equipped and operated in sucha way that at least the following emission limit values are notexceeded in the exhaust gases:
(*) New plants.
(**) Existing plants.
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2. The emission of dioxins and furans shall be reduced by the mostprogressive 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 hours shall not exceed a limit value of 0,1 ng/m³unless, at least six months before that date, the availability of harmon-ized measurement methods has not been established at Community levelby the Commission acting in accordance with the procedure laid downin Article 16. This limit value is defined as the sum of the concentra-tions of the individual dioxins and furans evaluated in accordance withAnnex I.Until the date of application of this limit value, Member States shall usethis value at least as a guide value.3. The results of the measurements made to verify compliance withthe limit and guide values set out in Article 6 and in this Article shall bestandardized at the conditions laid down in Article 11 (2).4. Where hazardous wastes are co-incinerated in accordance withArticle 3 (3), the provisions of Article 6 (5) and paragraphs 1, 2 and 3of this Article shall only apply, according to the criteria laid down inAnnex II, to that part of the volume of exhaust gas resulting from theincineration of the hazardous wastes.Appropriate emission limit and guide values for the relevant pollutantsemitted 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 besubject to a permit granted by the competent authorities.2. Discharges to the aquatic environment of aqueous waste resultingfrom the cleaning of exhaust gases shall be limited as far as possible.Subject to a specific provision in the permit, the aqueous wastes may bedischarged after separate treatment on condition that:— the requirements of 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 wasteprocessed is reduced in such a way that the mass allowed to bedischarged to water is less than that allowed to be discharged intothe air.
3. Without prejudice to paragraph 2, the Council, acting on aproposal 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 gasesto be discharged.4. Incineration plant sites including associated storage areas forhazardous wastes shall be designed and operated in such a way as toprevent the release of any polluting substance into soil and groundwaterfollowing 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 orfor contaminated water arising from spillages or firefighting operations.This storage capacity shall be adequate to ensure that such waters canbe tested and treated before discharge where necessary.
(1) OJ No L 20, 26. 1. 1980, p. 43. Directive as last amended by Directive
91/692/EEC.
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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. This may require a pretreatment of theresidues. 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 exhaustgases, shall take place in closed containers.
3. Any heat generated by the incineration processes should be used
as far as possible.
4. Prior to determining the routes for the disposal or recovery of the
residues from incineration, appropriate tests shall be carried out toestablish 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 in thepermit or in the conditions attached to the permit issued by thecompetent authorities or in the relevant general binding rules on meas-urement requirements.
2. The permit shall only be granted if the application shows that the
proposed measurement techniques comply with Annex III. The valuesof the confidence interval (95 %) at the emission limit values given inArticle 6 (5) (a) and Article 7 (1) (a), Nos 1, 2, 3 and 5, shall not exceedthe values given in Annex III, point 4.
The appropriate installation and the functioning of the automated
monitoring 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 theconditions attached to the permit or in the relevant general binding ruleson sampling and measurement procedures.
The requirements for periodical measurements shall be fixed by the
competent authorities in 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 as referred 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 shallhowever 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 whenthe incineration plant is brought into service and under the mostunfavourable operating conditions anticipated.
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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) is not being exceeded. In this casethe 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 only thosehazardous wastes which cannot cause average values of those pollutantshigher 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 bestandardized 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 hazardous wastes are incinerated in an oxygen-enriched
atmosphere, the results of the measurements can be standardized at anoxygen content laid down by the competent authorities reflecting thespecial circumstances of the individual case. In a case covered byArticle 3 (3), the results of the measurements shall be standardized at atotal oxygen content as calculated in Annex II.
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 meas-ured over the same period as for the pollutant concerned exceeds therelevant 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 values over 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 values over 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 subparagraph,
— the provisions of Article 6 (5) (b) are complied with.
The average values determined within the periods referred to in Article
12 (2) shall be excluded from the judgment on compliance.
The half-hourly average values and the 10-minute averages shall 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 shallbe determined from those validated average values.
The average values over the sample period and, in the case of periodical
measurements of HF, the average values for HF shall be determined inaccordance with the requirements of Article 10 (3).
Article 12
1. Should the measurements taken show that the emission limit
values laid down in this Directive have been exceeded, the competentauthorities shall be informed without delay. The plant concerned shall
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not continue to feed hazardous waste while failing to comply with
emission limit values, until such time as the competent authorities allowthe 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, orfailures of the purification devices or the measurement devices, duringwhich the concentrations in the discharges into the air of the regulatedsubstances may exceed the emission limit values laid down. Under nocircumstances shall the plant continue to incinerate hazardous waste fora time period of more than four hours uninterrupted; 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
operations as soon as practicable until normal operations can berestored. In plants covered by Article 3 (3) feeding of hazardous wastesshall be stopped.
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 shallbe complied with.
Article 13
1. The provisions of this Directive shall apply to existing incineration
plants within three years and six months after the date specified inArticle 18(1).
2. However, the operator may notify the competent authorities within
six months after the date specified in Article 18(1) that the existingplant will not be operated for more than 20 000 hours within a period offive years at maximum, starting from the operator’s notification, beforebeing definitely shut down. In this case the provisions of paragraph 1shall 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 shallsubmit to the Council a report, based on experience of the application ofthe Directive and on the progress achieved in emission control tech-niques, accompanied by proposals for revision of the emission limitvalues and related provisions referred to in this Directive.
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 composed of
the representatives of the Member States and chaired by the repres-entative of the Commission.
2. The representative of the Commission shall submit to the
committee a draft of the measures to be taken. The committee shalldeliver its opinion on the draft within a time limit which the chairmanmay lay down according to the urgency of the matter. The opinion shallbe delivered by the majority laid down in Article 148(2) of the Treatyin the case of decisions which the Council is required to adopt on aproposal from the Commission.
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The votes of the representatives of the Member States within thecommittee shall be weighted in the manner set out in that Article. Thechairman shall not vote.
3. (a) The Commission shall adopt the measures envisaged if they are
in accordance with the opinion of the committee.
(b) If the measures envisaged are not in accordance with the opinion
of the committee, or if no opinion is delivered, the Commissionshall, without delay, submit to the Council a proposal relating tothe measures to be taken. The Council shall act by a qualifiedmajority.
If, on the expiry of a period of three months from the date of referral to
the Council, the Council has not acted, the proposed measures shall beadopted by the Commission, save where the Council has decidedagainst the said measures by a simple majority.
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 periodafter the entry into force of this Directive.
Article 18
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive before31 December 1996. They shall forthwith inform the Commissionthereof.
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 covered bythis Directive.
Article 19
This Directive shall enter into force on the day of its publication in the
Official Journal of the European Communities
Article 20
This Directive is addressed to the Member States.
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ANNEXI
EQUIVALENCE FACTORS FOR DIOXINS AND DIBENZOFURANS
For the determination of the summed value referred to in Article 7 (2) the mass
concentrations of the following dioxins and dibenzofurans have to be multipliedby the following equivalence factors before summing up (using the concept oftoxic 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) 0,11,2,3,7,8,9 — Hexachlorodibenzodioxin (HxCDD) 0,11,2,3,6,7,8— 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) 0,51,2,3,7,8— Pentachlorodibenzofuran (PeCDF) 0,051,2,3,4,7,8— Hexachlorodibenzofuran (HxCDF) 0,11,2,3,7,8,9 — Hexachlorodibenzofuran (HxCDF) 0,11,2,3,6,7,8— Hexachlorodibenzofuran (HxCDF) 0,12,3,4,6,7,8— Hexachlorodibenzofuran (HxCDF) 0,11,2,3,4,6,7,8— Heptachlorodibenzofuran (HpCDF) 0,011,2,3,4,7,8,9 — Heptachlorodibenzofuran (HpCDF) 0,01
— Octachlorodibenzofuran (OCDF) 0,001
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ANNEXII
DETERMINATION OF EMISSION LIMIT AND GUIDE VALUES FOR
THE COINCINERATION OF HAZARDOUS WASTE
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 as follows:
V
waste×Cwaste+Vproc×Cproc
Vwaste+Vproc=C
Vwaste: exhaust gas volume resulting from the incineration of hazardous
waste only determined from the waste with the lowest calorific valuespecified in the permit and standardized at the conditions given inArticle 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, V
wastemust be calculated from a (notional) quantity of waste that, beingincinerated, would equal 10 % heat release, the total heat releasebeing 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 thepollutants and carbon monoxide as laid down in Article 7 (1) and (2)and Article 6 (5)).
V
proc: 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 atwhich the emissions must be standardized as laid down in Communityor national regulations. In the absence of regulations for this kind ofplant, the real oxygen content in the exhaust gas without beingthinned by addition of air unnecessary for the process must be used.The standardization at the other conditions is given in Article 11 (2).
C
proc: emission limit values for the relevant pollutants and carbon monoxide
in the flue gas of plants which comply with the national laws, regula-tions and administrative provisions for such plants while burning thenormally authorized fuels (hazardous wastes excluded). In the absenceof these measures the emission limit values laid down in the permitare used. In the absence of such permit values the real mass concen-trations are used.
C: total emission limit value or guide value for CO and the relevant
pollutants replacing the emission limit values and the guide value aslaid down in Article 6 (5) and in Article 7 (1) and (2). The totaloxygen content to replace the oxygen content for the standardizationin Articles 6 and 7 is calculated on the basis of the content aboverespecting the partial volumes.
Pollutants and CO not resulting 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 orcombustion if
— the higher CO concentrations in the combustion gas are required by the
production process, and
—C
waste(as defined above) for dioxins and furans is met,
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 tominimize the emissions into the environment.
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ANNEXIII
MEASUREMENT TECHNIQUES
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 measurementsystems shall be carried out as given by CEN-standards elaborated on thebasis of orders placed by the Commission. While awaiting the elaboration ofthe CEN-standards, national standards shall apply.
3. The procedure to monitor dioxins and furans can only be authorized if the
detection limit for the sampling and analysis of the individual dioxins andfurans is sufficiently low to allow the determination of a meaningful result interms of 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 limitvalues:
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 %