Proposal for a Council Directive amending Directive 94/67/EC on incineration of hazardous waste
Date: 1997-11-21
Institutions: European Commission
Subjects: combustion gases, dangerous substance, waste incineration, wastewater, water pollution

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II

(Preparatory  Acts)

COMMISSION

Proposal  for  a  Council  Directive  amending  Directive  94/67/EC  on  incineration  of  hazardous
waste

(98/C  13/04)

(Text  with  EEA  relevance)

COM(97)  604  final  -  97/0314(SYN)

(Submitted  by  the  Commission  on  24  November  1997)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

HAS  ADOPTED  THIS  DIRECTIVE:

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Article  130s(1)  thereof,

Having  regard  to  the  proposal  from  the  Commision,

Article  1

Directive  94/67/EC  on  the  incineration  of  hazardous
waste  is  hereby  amended  as  follows:

In  cooperation  with  the  European  Parliament,  acting  in
accordance  with  the  procedure  referred  to  in  Article
189c,

Having  regard  to  the  opinion  of  the  Economic  and
Social  Committee,

Whereas  Directive  94/67/EC(cid:216)(˛)  on 
incineration  of
hazardous  waste  lays  down  limit  values  for  air  emissions;

Whereas  Article  8(3)  of  Directive  94/67/EC  requires  the
Council  to  establish  a  set  of  specific  emission  limit  values
for  the  pollutants  contained  in  the  effluents  from  the
cleaning  of  exhaust  gases  to  be  discharged  after  a
separate  treatment;

Whereas  the  emission  limit  values  set  in  the  present
Directive  are  coherent  with  the  non(cid:220)transfer  of  pollution
from  air  to  water;

Whereas  high(cid:220)standard  measurement 
techniques  are
required  to  monitor  emissions  to  ensure  compliance  with
the  emission  limit  values  for  the  pollutants,

(˛)(cid:217)OJ  L  365,  31.12.1994,  p.  34.

1.(cid:217)Article  8  is  replaced  by  the  following:

"Article  8

1.(cid:218)(cid:217)Any  waste  water  discharged  from  an 
incin(cid:220)
eration  plant  shall  be  subject  to  a  permit  granted  by
the  competent  authorities.

2.(cid:218)(cid:217)Discharges  to  the  aquatic  environment  of  waste
water  resulting  from  the  cleaning  of  exhaust  gases
shall  be  limited  as  far  as  possible.

3.(cid:218)(cid:217)Subject  to  a  specific  provision  in  the  permit,  the
waste  water  from  the  cleaning  of  exhaust  gases  may
be  discharged  after  separate  treatment  on  condition
that:

(a)(cid:217)the  requirements  of  relevant  Community,  national
and  local  provisions  are  complied  with  in  the  form
of  emission  limit  values,  and

(b) the  mass 

concentration 

polluting
substances,  referred  to  in  Annex  IV,  does  not
exceed 
laid  down
therein.

the  emission 

limit  values 

the 

of 

4.(cid:218)(cid:217)The  emission  limit  values  shall  apply  at  the  point
where  the  polluting  substances  referred  to  in  Annex
IV  are  discharged  from  the  incineration  plant.

Where  the  waste  water  from  the  cleaning  of  exhaust
gases  is  treated  collectively  with  other  on(cid:220)site  sources

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of  similar  waste  water 
measurements  as  specified  in  paragraph  8:

the  operator  must 

take

The  emission  limit  values  are  complied  with  if:

(a)(cid:217)on  the  waste  water  stream  from  the  exhaust  gas
into  the

cleaning  processes  prior  to 
collective  waste  water  treatment  plant;

input 

its 

(b) on  the  other  waste  water  stream(s)  prior  to  their
input  into  the  collective  waste  water  treatment
plant;

(c) at  the  point  of  final  waste  water  discharge,  after

the  treatment,  from  the  incineration  plant.

the  final  waste  water  discharge 

The  operator  must  take  appropriate  mass  balance
calculations  in  order  to  determine  the  emission  levels
in 
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.

5.(cid:218)(cid:217)The  competent  authorities  must  ensure  that  in
no  instance  should  dilution  of  waste  waters  occur  by
mixing  different  waste  water  streams  or  otherwise,
except  where  such  mixing  is  part  of  a  process  duly
licensed  under  the  waste  management  licensing  Regu(cid:220)
lations.

6.(cid:218)(cid:217)The  permit  shall

(a)(cid:217)establish  emission 

limit  values  for  organic  or
inorganic  polluting 
line  with
paragraph  2  and  in  order  to  meet  requirements  of
paragraph  3(a);

substances 

in 

(b) set  operational  control  parameters  at  least  for  pH,

temperature,  flow  and  turbidity;

(c) set  a  maximum  volume  of  waste  water 

to
discharged  to  ensure  that  the  mass  of  heavy
in  relation  to  the
metals,  dioxins  and  furans 
quantitiy  of  hazardous  waste  processed 
less
than  that  allowed  to  be  discharged  into  air.

is 

7.(cid:218)(cid:217)A  monitoring  procedure  must  be  institued  to
verify  whether 
the  polluting
the  discharge  of 
substances  referred  to  in  paragraph  3,  paragraph  6(a)
and  Annex  IV  complies  with  the  emission  limit  values.
This  procedure  must  provide 
sampling  and
analysis.

for 

-(cid:217)none  of  the  daily  average  values  exceeds  any  of
the  emission  limit  values  set  out  in  Annex  IV  for
total  suspended  solids  (polluting  substance  No  1),
or  for  heavy  metals,  (polluting  substances  Nos  5
to  14),  or  in  column  B  of  Annex  IV  for  mercury,
cadmium  and  thallium,  (polluting  substances  Nos
2,  3  and  4),

-(cid:217)none  of  the  monthly  average  values  exceeds  any
of  the  emission  limit  values  set  out  in  column  A  of
Annex  IV  for  mercury,  cadmium  and  thallium
(polluting  substances  Nos  2,  3  and  4,

-(cid:217)neither  of  the  two  annual  measurements  of  dioxins
and  furans  exceeds  the  emission  limit  value  set  out
in  Annex  IV  for  polluting  substance  No  15.

8.(cid:218)(cid:217)The  following  measurements  shall  be  carried  out
at  the  point  of  discharge:

(a)(cid:217)continuous  measurements  of 
referred  to  in  paragraph  6(b);

the  parameters

(b) instantaneous 

daily  measurements 

of 

total

suspended  solids;

(c) daily  measurements  of  a  representative  24(cid:220)hour
sampling  of  the  polluting  substances  referred  to  in
paragraph  3  with  Nos  from  5  to  14  in  Annex  IV;

(d) monthly  measurement  for  mercury,  cadmium  and

thallium;

(e) at  least  two  measurements  per  year  of  dioxins  and
furans;  however,  one  measurement  every  two
months  shall  be  carried  out  for  the  first  12  months
of  operation.

9.(cid:218)(cid:217)The  measurement  techniques  shall  comply  with
the  following  requirements:

(a)(cid:217)the  measurements 

the  determination  of
concentrations  of  water  polluting  substances  in
the  discharge  are  carried  out  representatively;

for 

(b) sampling  and  analysis  of  all  polluting  substances
including  dioxins  and  furans  shall  be  carried  out
in  accordance  with  Annex  III(2);

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(c) the  procedure  to  monitor  dioxins  and  furans  shall
be  authorized  in  accordance  with  Annex  III(3).

including  associated
10.(cid:218)(cid:217)Incineration  plant  sites, 
storage  areas  for  hazardous  wastes,  shall  be  designed
and  operated  in  such  a  way  as  to  prevent  the  release
of  any  polluting  substances  into  soil  and  groundwater
following 
the  provisions  of  Council  Directive
80/68/EEC  of  17  December  1979  on  the  protection
of  groundwater  against  pollution  caused  by  certain
dangerous  substances(cid:216)(˛).  Moreover,  storage  capacity
shall  be  provided  for  rainwater  run(cid:220)off  from  the
incineration  plant  site  or  for  contaminated  water
arising  from  spillages  or  fire(cid:220)fighting  operations.

This  storage  capacity  shall  be  adequate  to  ensure  that
such  waters  can  be  tested  and  treated  before  discharge
where  necessary.

(˛)(cid:217)OJ  L  20,  26.1.1980,  p.  43,  Directive  as  last  amended  by

Directive  91/692/EEC.’

Article  2

1.(cid:218)(cid:217)Member  States  shall  bring 
laws,
regulations  and  administrative  provisions  necessary  to
comply  with  this  Directive  before  January  1998.  They
shall  forthwith  inform  the  Commission  thereof.

into  force  the 

When  Member  States  adopt  these  measures,  they  shall
contain  a  reference  to  this  Directive  or  shall  be  accom(cid:220)
panied  by  such  reference  on  the  occasion  of  their  official
publication.  The  methods  of  making  such  reference  shall
be  laid  down  by  the  Member  States.

the
shall 
2.(cid:218)(cid:217)Member 
Commission  the  texts  of  the  provisions  of  domestic  law
which  they  adopt  in  the  field  covered  by  this  Directive.

communicate 

States 

to 

Article  3

This  Directive  shall  enter  into  force  on  the  day  of  its
publication 
the  European
the  Official  Journal  of 
Communities.

in 

Article  4

2.(cid:217)The  Annex  to  this  Directive  is  added  as  Annex  IV.

This  Directive  is  addressed  to  the  Member  States.

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ANNEX

"ANNEX  IV

Emission  limit  values  for  discharges  of  waste  water  from  the  cleaning  of  exhaust  gases

Polluting  substances

Emission  limit  values
expressed  in  mass  concentrations

1

Total 
suspended 
Directive  91/271/EEC(cid:216)(˛)

solids  as  defined  by

20  mg/l

2 Mercury  and  its  compounds,  expressed  as

mercury  (Hg)

3 Cadmium  and  its  compounds,  expressed  as

cadmium  (Cd)

4

5

6

7

Thallium  and  its  compounds,  expressed  as
thallium  (TI)

Antimony  and  its  compounds,  expressed  as
antimony  (Sb)

Arsenic  and 
arsenic  (As)

its  compounds,  expressed  as

Lead  and  its  compounds,  expressed  as  lead
(Pb)

8 Chromium  and  its  compounds,  expressed  as

chromium  (Cr)

9 Cobalt  and 
cobalt  (Co)

10 Copper  and 
copper  (Cu)

its  compounds,  expressed  as

its  compounds,  expressed  as

11 Manganese  and  its  compounds,  expressed  as

manganese  (Mn)

12 Nickel  and 

its  compounds,  expressed  as

nickel  (Ni)

13 Vanadium  and  its  compounds,  expressed  as

vanadium  (V)

14

Tin  and  its  compounds,  expressed  as  tin  (Sn)

15 Dioxins  and  furans,  defined  as  the  sum  of
the  individual  dioxins  and  furans  evaluated
in  accordance  with  Annex  I

(˛)(cid:217)OJ  L  135,  30.5.1991,  p.  40.’

A
0,01  mg/l

A
0,02  mg/l

B
0,02  mg/l

B
0,05  mg/l

5  mg/l

0,5  mg/l