CELEX: 51988PC0432
Language: en
Date: 1988-09-14
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING AND SUPPLEMENTING ANNEX II TO DIRECTIVE 86/280/EEC ON LIMIT VALUES AND QUALITY OBJECTIVES FOR DISCHARGES OF CERTAIN DANGEROUS SUBSTANCES INCLUDED IN LIST I OF THE ANNEX TO DIRECTIVE 76/464/EEC

No C 253/4                              Official Journal of the European Communities                                29. 9. 88
                                                               II
                                                       (Preparatory Acts)
                                                  COMMISSION
              Proposal for a Council Directive amending and supplementing Annex II to Directive
              86/280/EEC on limit values and quality objectives for discharges of certain dangerous
                            substances included in List I of the Annex to Directive 76/464/EEC
                                                      COM(88) 432 final
                                    (Submitted by the Commission on 19 September 1988)
                                                         (88/C 253/05)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           Whereas the dangerous substances covered by this
                                                                   Directive have been chosen mainly on the basis of the
Having regard to the Treaty establishing the European              criteria adopted in Directive 76/464/EEC;
Economic Community, and in particular Article 130s
thereof,                                                           Whereas Council Directive 86/280/EEC (2), as amended
                                                                   by Directive 88/347/EEC (3), needs to be adjusted and
Having regard to Council Directive 76/464/EEC of 4                 supplemented, on proposals from the Commission, in
May 1976 on pollution caused by certain dangerous                  line with developments in scientific knowledge relating
substances discharged into the aquatic environment of              principally to the toxicity, persistence and accumulation
the Community ('), and in particular Articles 6 and 12             of these substances in living organisms and sediments, or
thereof,                                                           in the event of an improvement in the best technical
                                                                   means available,
Having regard to the proposal from the Commission,
                                                                   HAS ADOPTED THIS DIRECTIVE:
Having regard      to   the   opinion    of  the   European
Parliament,                                                                                 Article 1
Having regard to the opinion of the Economic and                   Annex II to Directive 86/280/EEC is hereby amended as
Social Committee,                                                  set out in the Annex hereto.
Whereas, in order to protect the aquatic environment of                                     Article 2
the Community against pollution by certain dangerous
substances, Article 3 of Directive              76/464/EEC         1.    The Member States shall bring into force the laws,
introduces a system of prior authorization laying down             regulations and administrative provisions necessary to
emission standards for discharges of the substances in             comply with this Directive by 1 January 1990. They shall
List I in the Annex thereto; whereas Article 6 of the said         forthwith inform the Commission thereof.
Directive provides that limit values shall be laid down for        2.    Member States shall communicate immediately to
such emission standards and also quality objectives for            the Commission the texts of the main provisions of
the aquatic environment affected by discharges of the              national law which they adopt in the field governed by
substances;                                                        this Directive.
Whereas Member States are required to apply the limit                                       Article 3
values except in cases where they may employ quality
objectives;                                                        This Directive is addressed to the Member States.
                                                                   (2) OJ No L 181, 9. 7. 1986, p. 16.
(') OJ No L 129, 18. 5. 1976, p. 23.                               (5) OJ No L 158, 25. 6. 1988, p. 35.
 ---pagebreak--- 29. 9. 88                                  Official Journal of the European Communities                                               N o C 253/5
                                                                     ANNEX
          1. The following text is added under the title, after point 7:
              '8. Relating to 1,2-dichloroethane (EDC)
               9. Relating to trichloroethylene (TRI)
              10. Relating to perchloroethylene (PER)
              11. Relating to trichlorobenzene (TCB).'
          2. The following text is added after heading C concerning chloroform:
             'VIII. Specific Provisions relating to 1,2-Dichloroethane (EDC) (No 59)
                      CAS-107-06-2 0)
             (') CAS (Chemical Abstract Service) number.
                                                                HEADING A (59)
                                                     Limit values for emission standards (')
                                                                                   Limit values expressed
                                                           Type of                           as                     To be complied
                     Type of industrial plant
                                                        average value                                                 with as from
                                                                                weight          concentration (')
               1,2-dichloroethane                      Monthly             20 g E D C /         10 mg/1 of             1. 1. 1990
              production unit                                              tonne of puri-       EDC
                                                                           fied E D C pro-
                                                                           duction    capa-
                                                                           city O
                                                       Daily               40 g/tonnes          20 mg/1                1. 1. 1990
              (') In view of the volatility of EDC and in order to ensure compliance with Article 3(6), where the process used
                  involves open-air agitation of the effluents containing EDC, Member States must require compliance with the limit
                  values upstream of the plants concerned; they must ensure that all waters likely to be polluted are properly taken
                  into account.
              (2) Notwithstanding the provisions of Heading A(4) in Annex I, these concentration limits relate to a reference
                  volume of 2 mVtonne of purified EDC.
              (') The purified EDC production capacity includes that fraction of the EDC which is not cracked in the vinyl chloride
                  (VC) production unit associated with the EDC production unit and which is recycled to the EDC purification
                  section of the plant.
                                                                HEADING B (59)
                                                                 Quality objectives
                               Environment                      Quality objectives                             To be complied with as
                                                                                       Unit of measurement
              Inland surface waters                                     10                      M-g/1               1. 1. 1990
              Estuary waters                                            10                      Hg/1                1. 1. 1990
              Internal coastal waters        other    than              10                      Kfi/1               1. 1. 1990
              estuary waters
              Territorial waters                                        10                      "g/1                1. 1. 1990
 ---pagebreak--- N o C 253/6                               Official Journal of the European Communities                                                 29. 9. 88
                                                              HEADING C (59)
                                                     Reference method of measurement
            1. The reference method of measurement to be used for determining the presence of 1,2-Dichloroet-
                hane in effluents and the water environment is high-pressure liquid-phase chromatography or gas
                chromatography with electron capture detection after extraction by means of an appropriate solvent.
                The limit of determination is 50 |ig/l for effluents and 5 u,g/l for the water environment.
            2. The accuracy and precision of the method must be ± 50 % at a concentration which represents twice
                the value of the limit of determination.
            IX. Specific provisions relating to trichloroethylene (TRI) (No 121)
                  CAS-79-01-6C)
            (') CAS (Chemical Abstract Service) number.
                                                              H E A D I N G A (121)
                                                  Limit values for emission standards (') (2)
                                                                                  Limit values expressed
                                                            Type                            as                      To be complied
                  Type of industrial plants (3)
                                                       or average value                                               with as from
                                                                               weight (')      concentration (s)
             (a) Trichloroethylene          (TRI)      Monthly               10 g/tonne            2 mg/1              1. 1. 1990
                  and        perchloroethylene
                  (PER) production                     Daily                 20 g/tonne            4 mg/1              1. 1. 1990
             (b) Use of TRI for degrea-                Monthly                                    0,1 mg/1             1. 1. 1990
                  sing metals
                                                       Daily                                      0,2 mg/1             1. 1. 1990
             (c) Use of TRI for dry clea-              Monthly                                     1 mg/1            1. 1. 1990 (6)
                  ning
                                                       Daily                                       2 mg/1            1. 1. 1990 C)
             (') A simplified monitoring procedure may be introducted if annual discharges do not exceed 30 kg/year. Where this
                 applies to the users referred to in (b), the concentration limits are 1 mg/1 (monthly average) and 2 mg/1 (daily
                 average).
             (2) In view of the volatility of trichloroethylene and in order to ensure compliance with Article 3(6), where the process
                 used involves open-air agitation of the effluents containing trichloroethylene, the Member States must require
                 compliance with the limit values upstream of the plants concerned; they must ensure that all waters likely to be
                 polluted are properly taken into account.
             (') The industrial plants referred to in Heading A(3) in Annex I include those making any use of TRI as a solvent, in
                 particular for extracting fats or aromas.
             (4) For sector (a), the limit values for TRI discharges are given in relation to the total TRI + PER production capa-
                 city.
                 In respect of the four-yearly review of the discharge authorizations referred to in the second subparagraph of
                 Article 3(3), the production capacity to be taken into consideration is based on the highest annual production
                 recorded during the four years which have elapsed prior to the granting or review of the discharge authorization
                 concerned.
             (') Notwithstanding the provisions of Heading A(4) in Annex I, the TRI concentration limits are given in relation to
                 the following reference volumes:
                 (a) 5 mVtonne of TRI + PER produced
                 (b) 10 mVtonne of metal treated
                 (c) 0,25 mVtonne of goods treated.
                 For sectors (b) and (c), the provisions of Heading A(4) in Annex I are applied by taking the product of the
                 concentration limit multiplied by the reference volume.
             (*) A further period of five years is granted to existing plants equipped with machines of the 'open' type which do not
                 enable them to comply with this limit value.
 ---pagebreak--- 29. 9. 88                            Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                           N o C 253/7
                                                            HEADING B (121)
                                                             Quality objectives
                                                                                                            To be complied with as
                          Environment                       Quality objective      Unit of measurement
          Inland surface waters                                    10                       Jig/1                 1. 1. 1990
          Estuary waters                                           10                       W5/1                  1. 1. 1990
          Internal coastal waters other than                       10                       Jig/1                1. 1. 1990
          estuary waters
          Territorial waters                                       10                       Jig/1                1. 1. 1990
                                                         HEADING C (121)
                                               Reference method of measurement
          1. The reference method of measurement to be used for determining the presence of trichloroethylene
              (TRI) in effluents and the water environment is gas chromatography.
              Sensitive detection equipment must be used where the concentrations is less than 0,5 mg/1 and, in
              such cases, the limit of determination is 0,1 Hg/1. For concentrations greater than 0,5 mg/1 a limit of
              determination of 0,1 mg/1 is sufficent.
          2. The accuracy and precision of the method must be ± 50 % at a concentration which represents
              twice the value of the limit of determination.
          X. Specific provisions relating to Perchloroethylene (PER) (No 111)
               CAS-127-18-4C)
          (') CAS (Chemical Abstract Service) number.
                                                         HEADING A (111)
                                            Limit values for emission standards (') (2)
                                                                               Limit values expressed
                                         3             Type                              as                      To be complied
               Type of industrial plant ( )
                                                of average value                                                   with as from
                                                                          weight (4)        concentration (5)
          (a) Trichloroethylene       (TRI)     Monthly                 10 g/tonne                 2 mg/1           1. 1. 1990
               and      perchloroethylene
               (PER) production (TRI-           Daily                   20 g/tonne                 4 mg/1           1. 1. 1990
               PER processes)
          (b) Carbon tetrachloride and          Monthly                 10 g/tonne                   5 mg/1         1. 1. 1990
               perchloroethylene        pro-
               duction      (TETRA-PER          Daily                   20 g/tonne                10 mg/1           1. 1. 1990
               processes)
          (c) Use of PER for dry clea-          Monthly                                             1 mg/1        1. 1. 1990 (')
               ning
                                                Daily                                              2 mg/1         1. 1. 1990 C)
 ---pagebreak--- No C 253/8                                      Official Journal of the European Communities                                                                     29. 9. 88
                                                                                             Limit values expresses
                                                                   Type                                                                   To be complied
                   Type of industrial plant (')
                                                             of average value                                                              with as from
                                                                                         weight (4)            concentration (s)
            (d) Use of PER for degrea-                        Monthly                                               0,1 mg/1                1. 1. 1990
                   sing metals
                                                              Daily                                                 0,2 mg/1                1. 1. 1990
            (e) Chlorofluorocarbon                  pro-      Monthly                                                   —                          —
                   duction (7)
                                                              Daily                          —
            (') A simplified monitoring procedure may be introduced if annual discharges do not exceed 30 kg/year. Where this
                 applies to the users referred to in (b), the concentration limits are 1 mg/1 (monthly average) and 2 mg/1 (daily
                 average).
            (') In view of the volatility of perchloroethylene and in order to ensure compliance with Article 3(6), where the
                 process used involves open-air agitation of the effluents containing perchloroethylene the Member States must
                 require compliance with the limit values upstream of the plants concerned, they must ensure that all waters likely
                 to be polluted are properly taken into account.
             5
            ( ) T h e industrial plants referred to in Heading A(3) in Annex I include those making any use PER as a solvent, in
                 particular for extracting fats or aromas, or as an intermediate substance in the manufacture of chlorofluorocar-
            0) For sectors (a) and (b), the limit values for PER discharges are given either in relation to the total TRI 4- PER
                 production capacity or in relation to the total TETRA + PER production capacity.
                 In respect of the four yearly review of the discharge authorizations referred to in the second subparagraph of
                 Article 3(3), the production capacity to be taken into consideration is based on the highest annual production
                 recorded during the four years which have elapsed prior to the granting or review of the discharge authorization
                 concerned.
            (s) Notwithstanding the provisions of Heading A(4) in Annex I, the PER concentration limits are given in relation to
                 the following reference volumes:
                 (a) 5 mVtonne TRI + PER produced
                 (b) 2 mVtonne of TETRA + PER produced
                 (c) 0,25 mVtonne of goods treated
                 (d) 10 mVtonne of metal treated.
                 For sectors (c) and (d), the provisions of Heading A(4) in Annex I are applied by taking the product of the
                 concentration limit multiplied by the reference volume.
            (') A further period of five years is granted to existing plants equipped with machines of the 'open' type which do not
                 enable them to comply with this limit value.
            (') At present it is not possible to lay down limit values for this sector. The Council will do so at a later date, on a
                 proposal from the Commission. For the time being, the Member States will lay down national emission standards
                 in accordance with the provisions of Heading A(3) in Annex I.
                                                                    H E A D I N G B ( N o 111)
                                                                        Q u a l i t y objectives
                                                                                                                                    To be complied with as
                                      Environment                      Quality objective         Unit of measurement
            Inland surface waters                                                   10                         WJ/1                       1. 1. 1990
            Estuary waters                                                          10                         Jig/1                      1. 1. 1990
            Internal coastal waters other than                                      10                         Jig/1                      1. 1. 1990
            estuary waters
            Territorial waters                                                      10                         Jig/1                      1. 1. 1990
                                                                    H E A D I N G C (111)
                                                            Reference m e t h o d of m e a s u r e m e n t
           1. T h e reference m e t h o d of m e a s u r e m e n t to be used for d e t e r m i n i n g the p r e s e n c e of p e r c h l o r o e t h y l e n e
                ( P E R ) in effluents and the w a t e r e n v i r o n m e n t is gas c h r o m a t o g r a p h y .
               Sensitive detection e q u i p m e n t must be used w h e r e the c o n c e n t r a t i o n is less t h a n 0,5 m g / 1 a n d , in
               such cases, the limit of d e t e r m i n a t i o n is 0,1 U-g/1. For c o n c e n t r a t i o n s g r e a t e r t h a n 0,5 m g / 1 , a limit of
               d e t e r m i n a t i o n of 0,1 m g / 1 is sufficient.
           2. T h e a c c u r a c y and precision of the m e t h o d must be ± 50 % at a c o n c e n t r a t i o n w h i c h represents twice
               the value of the limit of d e t e r m i n a t i o n .
 ---pagebreak--- 29. 9. 88                               Official Journal of the European Communities                                                  N o C 253/9
          XI. Specific provisions relating to Trichlorobenzene (TCB) (117, 118) (')
          Standstill: The concentration of TCB in the water environment, sediments and/or molluscs and/or
                        shellfish and/or fish must not increase significantly with time.
                (') TCB may occur as one of the following three isomers:
                    — 1,2,3-TCB CAS-87-61-6
                    — l,2,4-TCBCAS-120-82-l (No 118)
                    — l,3,5-TCBCAS-180-70-3.
                    Technical TCB (No 117) is a mixture of these three isomers, with a preponderance of 1,2,4-TCB, and may
                    also contain small quantities of di- and tetrachlorobenzene.
                    In any case, these provisions apply to the total TCB (the sum of the three isomers).
                                                         HEADING A (117, 118)
                                                  Limit values for emission standards
                                                                                 Limit values expressed
                                                          Type                                                     To be complied
               Type of industrial plant (') (2)
                                                    of average value                  J                       4      with as from
                                                                              weight ( )       concentration ( )
           (a) Production of TCB via                Monthly                 10 g/tonne               1 mg/1           1. 1. 1990
                 dehydrochlorination         of
                 H C H and/or processing             Daily                  20 g/tonne               2 mg/1           1. 1. 1990
                 of TCB
           (b) Production and/or pro-                Monthly               0,5 g/tonne             0,05 mg/1          1 . 1 . 1990
                 cessing of chlorobenzenes
                via cnlorination of ben-             Daily                    1 g/tonne             0,1 mg/1          1. 1. 1990
                 zene
           (c) Use of TCB in the textile             Monthly
                 industry (5)
                                                     Daily                       —                     —                     —
           (') A simplified monitoring procedure may be introduced if annual discharges do not exceeed 30 kg/year.
           (2) The industrial plants referred to in Heading A(3) in Annex I include those making non-captive use of TCB, in
               particular as a solvent or base for dyes in the textile industry.
           (5) The limit values for discharges of TCB (sum of the three isomers) are given:
               — for sector (a): in relation to the total TCB production or processing capacity,
               — for sector (b): in relation to the total production or processing capacity for mono- and dichlorobenzenes.
            4
           ( ) Notwithstanding the provisions of Heading A(4) in Annex I, the concentration limits are given in relation to the
               following reference volumes:
               For sector (a): 10 m3 per tonne of TCB produced or processed,
               For sector (b): 10 m3 per tonne of chloro- and dichlorobenzenes produced or processed.
           (s) At present it is not possible to lay down limit values for this sector. The Council will do so at a later date, on a
               proposal from the Commission.
                For the time being, the Member States will lay down emission standards in accordance with the provisions of
                Heading A(3) in Annex I.
                                                           HEADING B (117, 118)
                                                               Quality objectives
                                                                                                               To be complied with as
                            Environment                        Quality objective        Unit of measurement
           Inland surface waters                                       0,1                      ng/i                1. 1. 1990
           Estuary waters                                              0,1                      W5/1                1. 1. 1990
           Internal coastal waters         other    than               0,1                      ug/1                1. 1. 1990
           estuary waters
           Territorial waters                                          0,1                      Jig/1               1. 1. 1990
 ---pagebreak--- ^ooe^BtO                         COfhci^]ourn^ofrn^Luroo^nC^ornrnuniti^                                         ^ ^ ^
                                               ^^u^oao^^t^tt^
                                          ^efere^ice method of ^e^s^^e^ie^t
         t. The reference method of measurement to beused for determining the presence of trichlorobenzene
            C^O^^ in effluents and the water environment is gas chromatography with electron capture detection
            after extraction by means of an appropriate sol^ent.The limit ofdeterminationistLtgBI for effluents
            and tOu.gBI for the water environment.
         2. The reference method to be used fordeterminingTC^B in sediments and organisms is gas chromato^
            graphy with electron capture detection after appropriate preparation of the sample. The hrnit of
            determination ist^gB^g.
         3. The accuracy and precision of the method must be^50^Boataconcentration which represents twice
            the^alueofthelimitofdeterminationB