Key Benefits:
Until the adoption of Directive 2000 /76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste, the legal regime applicable within the European Union to these operations The management of the waste management was based on a double regulation, depending on whether or not the waste under incineration was considered dangerous, which was of exceptional relevance, in so far as it determined that the waste was have to apply emission values of more or less stringent air pollutants.
In this way, by means of Council Directives 89 /369/EEC and 89 /429/EEC of 8 and 21 June 1989 respectively, rules were laid down for the prevention and reduction of air pollution from the the incineration of municipal waste, while the incineration of hazardous waste was regulated by Council Directive 94 /67/EC of 16 December 1994.
The above directives were incorporated into national law by the Royal Decrees 1088/1992 of 11 September in respect of municipal waste and 1217/1997 of 18 July in respect of the incineration of waste. hazardous waste, and it is true that the effective implementation of the various measures laid down in this set of rules has made a positive contribution to the reduction of air pollution resulting from the operation of the plant. for the incineration of waste.
However, the differentiation between hazardous and non-hazardous waste is based on the characteristics of the waste prior to its incineration, but it is irrelevant in relation to the emission of pollutants into the atmosphere, and therefore Directive 2000 /76/EC requires common emission limit values, irrespective of the types of waste to be incinerated, but provides for differences in the application of the techniques and conditions of operation of the the facilities, as well as measurements and controls.
A specific regulation on co-incineration plants is also included in that directive, which, without prejudice to the operational and control requirements to be complied with, are subject to certain requirements. (a) because the incineration of waste only represents a part of the total combustion process, or heat treatment, which is derived from its activity as installations dedicated to the generation of energy or to the manufacture of products materials.
By this royal decree, Directive 2000 /76/EC is incorporated into national law, in order to limit the environmental effects of the activities of incineration and co-incineration of waste to the maximum. Consequently, the legal system of these activities must comply with the environmental requirements arising from the general legislation on waste, which is regulated in a basic manner in Law 10/1998 of 21 April of Waste, in which Articles 18 and 19.4 The Government is empowered to establish, respectively, the requirements of plants, processes and products of energy recovery and waste disposal.
In this way, a number of requirements are adopted in relation to the delivery and reception of the waste in the facilities, as well as conditions on its construction and exploitation in which it also distinguishes itself in the Incineration or co-incineration is carried out, and they are more stringent when it comes to hazardous waste, as specified in the directive that is incorporated.
In addition, as regards air pollution, which can occur in the incineration and co-incineration of waste, limit values for emissions to the atmosphere are set which are common to the different types of waste. types of waste to be incinerated, making use of the rating contained in Law 38/1972 of 22 December of protection of the atmospheric environment.
With legal coverage in the recast text of the Water Law, approved by Royal Legislative Decree 1/2001 of July 20, and in Law 22/1988, of July 28, of Costas, they adopt, in the same way, limit values for the emission of certain pollutants to be applied to the discharge of waste water from the purification of exhaust gases from incineration and co-incineration plants, and requirements for measurements and monitoring are laid down, whether the spill is made to inland waters or to marine waters.
Particular mention in the set of norms of legal status of which it brings cause this royal decree, and of special relevance as regards its application, acquires the Law 16/2002, of July 1, of prevention and control (a) integrated pollution, in the field of which hazardous waste incineration plants are included with a capacity of more than 10 tonnes per day and those for the incineration of municipal or municipal waste with a capacity of more than three tonnes per hour.
As a consequence of this necessarily diverse legal coverage, considered the various aspects of the regulated matter, the sanctioning regime applicable to the non-compliance with the measures adopted will be the derivative of the Previously mentioned laws, of which this royal decree has the character of regulatory development.
According to the directive which is incorporated, and without prejudice to the specific transitional measures set out in the Annexes, a transitional regime for incineration and co-incineration plants is established. (a) to which the arrangements provided for in this royal decree shall apply from 28 December 2005.
In this regard, for installations falling within the scope of Law 16/2002, account has been taken of the different definition of existing facilities included in that law and Directive 2000 /76/EC, in such a way that the incineration and co-incineration plants which have the consideration of new ones, in accordance with that law, and of existing ones, according to this royal decree, will be logically subject to the integrated environmental authorization, although the sectoral rules to be taken into account for the fixing of the limit values for issue, as well as the documentation to be included in the application for such authorisation, will be determined by the regime prior to the entry into force of this royal decree.
In the same way, account has been taken of the period of adaptation of the existing facilities set out in Law 16/2002, in such a way that the various sectoral authorisations granted to these installations must be comply with the requirements set out in this royal decree before 28 December 2005, unless at that date they already have the integrated environmental authorisation, which in any event will be enforceable on 30 October 2007.
Finally, this royal decree has the consideration of basic legislation on environmental protection, in accordance with the provisions of article 149.1.23.a of the Constitution, and in its preparation have been consulted the autonomous communities, local authorities and the economic and social actors concerned.
In its virtue, on the proposal of the Minister of the Environment, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of May 30, 2003,
DISPONGO:
Article 1. Object.
This royal decree aims to establish the measures to which the activities of incineration and co-incineration of waste must be adjusted, in order to prevent or limit the risks to human health and the effects of the negative on the environment arising from these activities.
In order to achieve the above objectives, conditions and requirements for the operation of incineration and co-incineration plants, as well as limit values for the emission of pollutants, shall be established. be applied and respected, without prejudice to the obligations laid down in the legislation on waste, air pollution, water, costs and integrated pollution prevention and control.
Article 2. Scope.
This royal decree applies to waste incineration and co-incineration plants, with the exception of the following:
(a) Installations in which the following wastes are incinerated or co-incinerated, provided that the requirements which, where applicable, are identified are met:
1. Plant waste of agricultural and forestry origin.
2. ° Plant waste from the food processing industry, if the heat generated is recovered.
3. ° fibrous plant residues obtained from the production of virgin paper pulp and paper production from paper pulp, if they are matched in the place of production and the heat generated is recovered.
4. Waste wood, with the exception of those which may contain organohalogenated compounds or heavy metals as a result of treatment with wood or coating protective substances, including, in materials of this type from construction and demolition waste.
5. ° Corcho Waste.
6. º radioactive waste.
7. Whole carcasses of animals and parts of animals which, in turn, have the consideration of non-processed animal by-products in accordance with the provisions of Article 2.1.a of Regulation (EC) No 1774/2002 European Parliament and the Council of 3 October 2002 laying down the health rules for animal by-products not intended for human consumption. In such a case, such waste shall be incinerated or co-incinerated in accordance with the provisions of Regulation (EC) No 1774/2002 and the rules applicable to it.
8. ° Waste resulting from the exploration and exploitation of oil and gas on marine platforms incinerated on board.
(b) Experimental facilities used for research, development and testing to improve the incineration process and to incinerate or co-incinerate less than 50 tonnes of waste per year.
Article 3. Definitions.
For the purposes of this royal decree, it is understood by:
1. Residue: any substance or object, in solid or liquid state, as defined in Article 3 (a) of Law 10/1998 of 21 April of Waste.
2. Hazardous wastes: those defined as such in Article 3 (c) of Law 10/1998 and Commission Decision 2000 /532/EC of 3 May 2000 approving the European Waste List, published by Order MAM/30 4/2002 of 8 June 2000, February 2002.
However, the specific requirements set out in this royal decree for the incineration or co-incineration of hazardous waste will not apply to the following wastes, despite their hazardous condition:
(a) Fuel liquid wastes, including waste oils as defined in Article 1 of the Ministerial Order of 28 February 1989, governing the management of waste oils, provided that they comply with the following conditions: criteria:
1. The mass content of polychlorinated aromatic hydrocarbons, such as polychlorinated biphenyls (PCBs) or pentachlorophenol (PCP), does not exceed the concentrations established in the ministerial order mentioned above.
2. º that these wastes do not become dangerous to contain other constituents of those listed in Table 4 of Annex I of Royal Decree 833/1988, of July 20, after the modifications introduced by the Royal Decree 952/1997 of 20 June 1997 in quantities or concentrations to prevent the achievement of the objectives set out in Article 12.1 of Law 10/1998.
3. º The net calorific value is at least 30 MJ per kilogram.
(b) Any liquid liquid wastes which cannot cause, in the resulting gases directly from their combustion, emissions other than those from diesel, or a concentration of emissions greater than those of resulting from the combustion of gas oil, as defined in Decree 2204/1975 of 23 August 1975 on the characteristics, qualities and conditions of use of fuels and fuels, and their subsequent amendments, in particular produced by the Royal Decrees 398/1996 of 1 March, and 287/2001 of 16 March.
3. Mixed urban or municipal waste: those defined in Article 3 (b) of Law No 10/1998, excluding the selectively collected fractions referred to in Subchapter 20 01 of the European List of Waste and Waste subchapter 20 02 of that list.
4. Incineration plant: any technical unit or equipment, fixed or mobile, dedicated to the heat treatment of waste by means of energy recovery or disposal operations, as defined in paragraphs R1 and D10 of Annex 1 to this Regulation. Order MAM/30 4/2002, dated February 8, with or without recovery of the heat. For these purposes, the concept of heat treatment includes the incineration by oxidation of residues, as well as pyrolysis, gasification or other processes of heat treatment, such as the plasma process, to the extent that all or part of the the substances resulting from the treatment are intended for subsequent combustion on the same premises.
This definition comprises the site of site and the complete installation, including all incineration lines and the following facilities:
(a) Facilities for the reception, storage and pre-treatment or pre-in situ treatment of waste.
(b) Combustion Furnaces, including the waste, fuel and air supply systems and the collection of combustion waste.
c) The boiler and the fly ash collection system.
d) Combustion gas treatment facilities.
e) facilities for the recovery, disposal or storage of waste from incineration and waste water on the spot, as well as for the treatment of waste water, if it is also carried out on site.
f) The fireplace.
g) The devices and systems for the control of incineration, recording and monitoring operations of incineration conditions.
5. Co-incineration plant: any fixed or mobile installation whose main purpose is the generation of energy or the manufacture of material products and which, or uses waste as a regular or complementary fuel, or waste receive thermal treatment for disposal.
However, if the co-incineration takes place in such a way that the main purpose of the installation is not the generation of energy or the manufacture of material products, but the thermal treatment of waste, the installation will be consider to be an incineration plant.
This definition includes the place of placement and the complete installation, including all co-incineration lines and facilities listed in the last paragraph of paragraph 4 above.
6. Existing incineration or co-incineration plant: any incineration or co-incineration plant in which one of the following conditions is met:
a) That it has the required authorization to incinerate or co-incinerate waste and is in operation, before the entry into force of this royal decree.
b) Having an authorization to incinerate waste issued prior to the entry into force of this royal decree, but is not yet in operation on that date, provided the facility is put into operation before the 29th of December 2003.
(c) The operator has submitted, before the entry into force of this royal decree, an application for authorisation for an incineration plant, the content of which has been deemed sufficient by the competent authority, provided that the installation is put into operation before the 29th of December 2004.
(d) For the co-incineration plants not included in the previous subparagraph (a), they shall have the consideration of existing installations if, at the entry into force of this royal decree, they are in operation as facilities for the generation of energy or the manufacture of material products and have the authorisations which are required for this, irrespective of the time when the corresponding application has been submitted for the production of the co-incineration, and provided that, after obtaining the precept authorization to coincide, begin to co-incineration waste before 29 December 2004.
7. Nominal capacity of the plant: the maximum quantity of waste that can be incinerated per hour, reflecting the sum of the incineration capacities of the furnaces that make up the installation specified by the builder and confirmed by the operator, taking due account, in particular, of the calorific value of the waste, which shall be expressed in both mass flows, waste and energy flows.
8. Emission: the expulsion to the atmosphere, water or soil of substances, vibrations, heat or noise, originating directly or indirectly from point sources or diffuse sources of the installation.
9. Emission limit values: the mass, expressed in relation to certain specific parameters, the concentration or level of an emission whose value must not be exceeded for one or more periods of time.
10. Dioxins and furans: all polychlorinated dibenzoparadioxins and dibenzofurans listed in Annex I.
11. Operator: any natural or legal person who exploits or controls the installation and who has the status of manager to perform the activities of recovery or disposal of waste by incineration or co-incineration, according to established in Article 3.g) of Law 10/1998.
12. Waste from incineration: any solid or liquid material generated in the incineration or co-incineration process, in the treatment of exhaust gases or waste water, or in other processes within the incineration plant or co-incineration and having regard to waste in accordance with Article 3 (a) of Law 10/1998. In particular, household ash and slag, fly ash and boiler particles, sludge from the treatment of waste water, and used active catalysts and coal, as well as products, are included in this concept. formed in the reactions that occur in the treatment of gases, provided that, in the latter case, they have the consideration of residues.
13. Urban or municipal waste treated: those which have been subject to prior treatment, in accordance with the provisions of Article 2.e of Royal Decree 1481/2001 of 27 December 2001 on the disposal of waste by deposit in landfill.
14. Biomass: products consisting of vegetable materials of agricultural or forestry origin, which may be used to enhance their energy content, as well as the waste referred to in the first to fifth points of Article 2 (a).
15. Competent authority: the authority designated by the autonomous community in the territory of which the installation is located, without prejudice to the powers which, where appropriate, correspond to the catchment bodies in the cases where discharges are produced; aquatic environment.
Article 4. Authorization of the facilities.
1. Incineration and co-incineration plants shall be subject to the following authorisation system:
(a) The facilities included in the scope of Law 16/2002 shall have the integrated environmental authorisation regulated in that area.
(b) Other installations not covered by Law 16/2002 will require the authorizations required by Law 10/1998 and Law 38/1972 of 22 December, of protection of the atmospheric environment, and in its development regulation, approved by Decree 833/1975, of 6 February, without prejudice to other licences or authorisations which are also enforceable under other provisions. Similarly, in these cases the authorizations of discharges to the aquatic environment will be required in the recast text of the Law of Waters, approved by Royal Decree Legislative 1/2001, of July 20, and in Law 22/1988, of July 28, from Costas.
In these cases, the incineration or co-incineration plants of urban waste not subject to the authorization required by Law 10/1998, pursuant to Article 13.2, must comply with the provisions of the this royal decree in accordance with the system of administrative intervention to be determined by the corresponding autonomous communities.
2. For the purposes of Articles 3 (e) and 10 of Law No 16/2002, the fact that a change in the operation of a non-hazardous waste incineration or co-incineration plant is carried out shall be considered to be substantial. lead to the incineration or co-incineration of hazardous waste.
3. The authorisations provided for in this Article shall be of a temporary nature and may be renewed periodically, in accordance with the provisions laid down for this purpose in the rules on integrated pollution prevention and control or, where appropriate, in the waste, air pollution, water and coastal areas.
4. In the event of non-compliance with the conditions laid down in the authorisations provided for in this Article, the competent authorities shall take the appropriate measures by applying the appropriate sanctioning regime.
Article 5. Request for authorization.
1. In the case of incineration or co-incineration plants falling within the scope of Law 16/2002, the application for integrated environmental authorisation shall include, in addition to the requirements laid down in Article 12 of that Law, a description of the measures envisaged to ensure the following extremes:
(a) That the installation is designed, equipped and operated in such a way as to meet the requirements of this royal decree, taking into account the types of waste to be incinerated or co-incinerated.
b) That, to the extent that it is viable, the heat generated during the incineration or co-incineration process is recovered by means of methods such as, inter alia, combined heat and power production, steam generation for industrial uses or district heating.
(c) To minimise the quantity and the harmfulness of waste produced in incineration or co-incineration, and to be recycled or managed by another form of recovery, where this is possible.
(d) that the disposal of waste from incineration which cannot be avoided, reduced or recovered is carried out in accordance with the provisions of Royal Decree 1481/2001 of 27 December 2001 on the the disposal of waste by landfill, and in Decision 2003 /33/EC of 19 December 2002 laying down the criteria and procedure for the admission of waste to landfill, in accordance with Article 16 and Annex II of the Directive 1999 /31/EC.
e) To identify the waste that will be the object of incineration or co-incineration in the facility, according to the following criteria:
1. In the case of installations in which only urban waste is intended to be incinerated, the identification of the waste will be done in a generic way, indicating those aspects which, in accordance with the principles of waste management established in Law 10/1998 and in the National Plan of Urban Waste, could condition the authorization.
2. In the case of installations where waste other than urban waste is intended to be incinerated, as well as in the case of the incineration of urban waste in which waste of another nature is to be incinerated, the the type and quantities of waste to be incinerated, using the identification codes of the European Waste List, their characteristics, with an indication of the content of pollutants and the proportion of each of them in the power to the oven.
3. In cases of co-incineration plants, in addition to the requirements set out in the preceding paragraphs, the lower heat power, the form of food and the point of incorporation into the process of the co-incineration plants must be indicated. wastes. Similarly, the degree of energy use resulting from their specific installations must be defined when the waste provided for in the requested proportions is burned.
2. In the case of incineration or co-incineration plants not falling within the scope of Law 16/2002, the application for authorisations which are due, in accordance with Article 4 (1) (b), shall include: information referred to in the previous paragraph which in each case corresponds.
3. In any event, authorization shall be granted only where the application is satisfied that the techniques for measuring the proposed emissions to the atmosphere comply with the provisions of Annex III to this royal decree and, as far as water is concerned, comply with the requirements of this Directive. the provisions of paragraphs 1 and 2 of that Annex III.
Article 6. Content of the authorizations.
1. In the case of incineration or co-incineration plants falling within the scope of Law 16/2002, the integrated environmental authorisation shall include the following determinations, in addition to those identified in Article 22 of that Regulation. law:
(a) The types of waste that may be treated using the identification codes of the European Waste List shall be listed in an explicit manner and the amount of the waste authorised to be incinerated or co-agree.
(b) The total incineration or co-incineration capacity of the plant shall be indicated, as well as the capacity of each of the incineration or co-incineration lines of the installation.
(c) The sampling and measurement procedures to be used to comply with the obligations laid down for periodic measurements of each pollutant in the atmosphere and the waters shall be specified, there are specific rules or methods applicable to this effect.
d) Other obligations arising from the provisions of this royal decree shall be indicated.
2. In the case of incineration or co-incineration plants not falling within the scope of Law No 16/2002, the authorisations which are due, in accordance with Article 4.1.b), shall include the information indicated in the paragraphs (a), (b), (c) and (d) of the previous paragraph which in each case correspond.
3. Where the authorisation is concerned with an incineration or co-incineration plant using hazardous waste, it shall also include the following determinations:
a) Enumerate the quantities of the different types of hazardous waste that may be treated.
(b) Defend the minimum and maximum mass flows of such hazardous wastes, their minimum and maximum calorific values and their maximum content of pollutants such as PCBs, PCP, chlorine, fluorine, sulphur and heavy metals.
Article 7. Delivery and receipt of waste.
1. The operator of the incineration or co-incineration plant shall take all necessary precautions with regard to the delivery and receipt of waste in order to prevent, or at least limit as far as possible, the negative effects on the environment. environment, especially the pollution of the atmosphere, soil and surface water and groundwater, as well as odours and noises, and the direct risks to human health.
2. Before accepting the waste in the incineration or co-incineration plant, the operator shall determine the mass of each type of waste, if possible by using the identification codes of the European Waste List.
3. In addition, in the case of hazardous waste, before accepting them at the incineration or co-incineration plant, the operator must have an information on them in order to verify, inter alia, that the requirements of the the authorisation referred to in Article 6.3.
In the above information, it will consist of:
(a) All administrative information on the waste generating process contained in the documents referred to in paragraph 4 (a) of this Article.
(b) The physical composition and, to the extent practicable, the chemistry of the waste, as well as any other information necessary to assess its suitability for the intended incineration or co-incineration process.
(c) The risks inherent in the waste, the substances with which they cannot be mixed and the precautions to be taken when handling them.
4. The operator shall also, before accepting hazardous waste at the incineration or co-incineration plant, observe at least the following reception procedures:
(a) Check the accompanying documents required by the legislation on hazardous waste and, where appropriate, Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of the shipments of waste within, into and out of the European Community, as well as in the rules on the transport of dangerous goods.
(b) Representative sample to verify compliance with the information in paragraph 3, unless this is inappropriate by virtue of the nature of the waste itself, as in the case of infectious clinical waste.
These sampling operations shall be carried out by means of checks carried out, if possible, before unloading the waste and shall be used to enable the competent authority to determine the nature of the waste treated. The samples must be kept for at least one month after incineration.
5. The competent authorities may exempt undertakings and industrial plants from complying with paragraphs 2, 3 and 4, which incinerate or co-incinerate only their own waste at the place where they are produced, provided that they do not It is true to be fulfilled in this royal decree.
Article 8. Conditions of design, equipment, construction and operation.
1. The design, equipment, construction and operation of the incineration plants shall be carried out in accordance with the following requirements:
(a) The facilities shall be operated in such a way as to obtain an incineration grade such that the total organic carbon (COT) content of the slag and the household ash is less than three per cent or alternatively, the Loss to fire is less than five percent of the dry weight of the matter. Where appropriate, appropriate techniques for the prior treatment of waste shall be used.
(b) Facilities shall be designed, equipped, constructed and operated in such a way that, after the last injection of combustion air, even under the most unfavourable conditions, at least for two seconds the temperature of the gases the process is raised in a controlled and homogeneous manner up to 850ºC, measured close to the internal wall of the combustion chamber or at another point representative of the conformity of the competent authority. If hazardous waste containing more than one per cent of organohalogenated substances, expressed in chlorine, is incinerated, the temperature must be raised to 1,100ºC, at least for two seconds.
(c) All lines of the incineration plant shall be equipped with at least one auxiliary burner which is automatically activated when the temperature of the combustion gases, after the last air injection of the Combustion, falling below 850ºC or 1,100ºC, depending on the cases referred to in paragraph (b) above. The burner shall also be used during the start-up and stopping operations of the installation so that the temperature of 850ºC or 1,100ºC, as referred to in paragraph (b) above, is maintained at all times during the operation. operations for as long as there is non-incinerated waste in the combustion chamber.
(d) During start-up and stop, or when the temperature of the combustion gases falls below 850ºC or 1,100ºC, depending on the cases referred to in paragraph (b), the auxiliary burner may not be fed with fuels which may cause higher emissions than those produced by the burning of gas oil, as defined in Decree 2204/1975 of 23 August of liquefied gas or natural gas.
2. The co-incineration plant shall be designed, equipped, constructed and operated in such a way that the temperature of the gases resulting from the co-incineration is the temperature required by the main process of the installation and, in any case, higher than 850ºC, for at least two seconds. If hazardous waste containing more than one per cent of organohalogenated substances, expressed as chlorine, is matched, the temperature of the main process shall be greater than 1,100ºC, for at least two seconds.
3. Incineration and co-incineration plants shall have and use an automatic system which prevents the feeding of waste in the following cases:
(a) At the start up, until the temperature of 850ºC or 1,100ºC has been reached, depending on the cases referred to in paragraphs 1.b) and 2, or the temperature that is required in accordance with the provisions of the Article 9.c).
(b) Where the temperature of 850ºC or 1,100ºC is not maintained, depending on the cases referred to in paragraphs 1.b) and 2, or the temperature that is required in accordance with Article 9 (c).
c) When the continuous measurements set in this royal decree show that some emission limit value is being exceeded due to disturbances or failures in the debugging devices.
Article 9. Alternative conditions.
For some types of waste or for certain thermal processes, the competent authority may permit conditions other than those laid down in Article 8.1.a), in relation to the content of COT, as well as those laid down in paragraphs 1 (b), (c) and (d) and in paragraphs 2 and 3 of the same Article, in relation to the minimum operating temperatures, specifying them in the authorisation, provided that the other requirements laid down in this Regulation are met. royal decree and, in addition, the following:
(a) With regard to the content of COT in the slag and ash of household of incineration plants, the change in the operating conditions shall not result in a higher amount of waste or waste with greater content of organic pollutants to be expected if the conditions laid down in Article 8.1 are maintained.
(b) As regards the co-incineration plant, and as regards the content of COT, the authorisation of different conditions shall be subject to compliance with at least the emission limit values set out in Annex V for total organic carbon and for CO. However, as regards the paper industry and paper pulp, if the plant is to match its own waste at the place where the waste is produced, in existing bark boilers, the authorisation of different conditions shall be subject to compliance with at least the emission limit values set out in Annex V for the total organic carbon.
(c) With regard to the operating temperature, the authorisation of different conditions shall be subject to compliance with the following requirements, the compliance of which shall be verified by means of a real operating test, with a duration fixed by the competent authority and sufficient to be able to obtain representative samples:
1. The content of organic chlorine in the waste is less than 0.1 percent by weight for both incineration and co-incineration plants.
2. No CO and COT emissions are below the limits set out in Annex V for both incineration and co-incineration plants.
3. º That, in the case of co-incineration facilities, the requested operating temperature is not less than the one that would be recorded in the main process if no residues were fed.
The Autonomous Communities shall inform the Ministry of the Environment of the decisions they have taken pursuant to this paragraph, with an express indication of the different conditions of authorized exploitation. and the results of the verifications which, where appropriate, have been carried out, for the purposes of their communication to the European Commission, through the relevant channel.
Article 10. Additional conditions.
In addition to the conditions set out in Article 8 and, where applicable, Article 9, the following conditions shall be met:
(a) Incineration and co-incineration plants shall be designed, equipped, constructed and operated in such a way as to prevent emissions into the atmosphere causing significant air pollution at ground level. In particular, the exhaust gases shall be released in a controlled manner and in accordance with the provisions of the rules on the quality of the atmosphere, by means of a chimney whose height shall be calculated in such a way as to protect human health and environment.
(b) The heat generated by the incineration or co-incineration process shall be recovered to the greatest extent practicable.
(c) Infectious clinical waste must be placed directly in the oven, without mixing it before with other types of waste and without directly handling it.
d) Regardless of any civil or criminal liability which may arise as a result of the operation of the facilities, the management of the incineration or co-incineration plant shall be responsible a physical person with technical aptitude to manage the installation.
Article 11. Emission limit values to the atmosphere.
1. Incineration plants shall be designed, equipped, constructed and operated in such a way that, in exhaust gases, the emission limit values set out in Annex V are not exceeded and taking into account the requirements of the Royal Decree 1073/2002 of 18 October on the assessment and management of ambient air quality in relation to sulphur dioxide, nitrogen dioxide, nitrogen oxides, particulate matter, lead, benzene and carbon monoxide.
2. The co-incineration plants shall be designed, equipped, constructed and operated in such a way that, in the exhaust gas, the emission limit values set out in Annex II are not exceeded or determined in accordance with that Annex.
If in a co-incineration plant more than 40 percent of the heat generated comes from the combustion of hazardous waste, the emission limit values set out in Annex V. shall apply.
3. The results of measurements taken to verify compliance with the emission limit values shall be subject to the conditions laid down in Articles 15 and 16.
4. Where non-treated mixed urban or municipal waste is co-incinerated, the emission limit values for the atmosphere shall be determined in accordance with Annex V and Annex II shall not apply.
Article 12. Discharge of waste water from incineration or co-incineration plants.
1. In the case of authorisations which are required, in accordance with Article 4, the discharge shall be limited as far as possible to the aquatic environment of the waste water resulting from the purification of the exhaust gases from the incineration or co-incineration plants. In any case, these waste water may only be discharged into the aquatic environment after being treated separately, provided that:
(a) The requirements laid down in the applicable sectoral provisions on emission limit values are met, and
(b) The mass concentrations of the pollutants referred to in Annex IV are lower than the emission limit values laid down in this Annex, as provided for in Article 18.3.
2. For the purposes of this Article, in no case shall the dilution of the waste water be taken into account for compliance with the emission limit values set out in Annex IV.
3. The emission limit values in Annex IV shall be applicable at the point of the incineration or co-incineration plant where the waste water from the exhaust gas purification is discharged.
When the waste water from the exhaust gas purification is treated in the facility together with other waste water originating from that, the operator shall take measurements, as specified in the Article 18:
(a) In the waste water flow from the exhaust gas purification prior to its entry into the set waste water treatment facility.
b) In the other flow or the other waste water flows prior to its entry into the set of waste water treatment facilities.
c) At the point of final discharge of waste water from the incineration or co-incineration plant, after treatment.
The operator shall carry out the appropriate mass distribution calculations to determine the emission levels in the final discharge of waste water which can be attributed to the waste water from the purification of the waste water. exhaust gas, in order to verify compliance with the emission limit values set out in Annex IV for discharges of waste water from the exhaust gas purification process.
4. Where waste water from the purification of exhaust gases containing the polluting substances referred to in Annex IV is treated outside the incineration or co-incineration plant in a facility of the same treatment intended only for the treatment of this type of waste water, the emission limit values in Annex IV shall apply at the point where the waste water leaves the treatment facility. If in this water treatment plant located outside the incineration or co-incineration plant the waste water from incineration is not treated only, the operator shall carry out the mass distribution calculations. appropriate, as provided for in paragraphs (a), (b) and (c) of paragraph 3, in order to determine the emission levels in the final discharge of waste water which can be attributed to the waste water from the purification of exhaust gases, with the the purpose of verifying compliance with the emission limit values set out in Annex IV for the discharge of waste water from the purification of exhaust gases.
5. Without prejudice to the other requirements laid down in the sectoral legislation resulting from application, the authorization referred to in paragraph 1 shall establish, in respect of the discharge of the waters from the purification of the exhaust gases, the emission limit values for the pollutants listed in Annex IV and shall set operational parameters for the control of waste water, at least for the pH, temperature and flow.
6. The sites of incineration and co-incineration plants, including waste storage areas annexed, shall be designed and operated in such a way as to prevent unauthorised and accidental discharge of polluting substances into the soil. and to surface and ground water.
In addition, storage capacity should be available for runoff from contaminated precipitation from the site of the incineration or co-incineration plant or the contaminated water coming from the site. of spills or fire fighting operations. For these purposes, the storage capacity shall be adequate to enable those waters to be tested and treated before discharge, where necessary.
Article 13. Waste from incineration.
1. The quantity and the harmfulness of the waste from the operation of the incineration or co-incineration plant shall be reduced to a minimum. The waste shall be recycled, if appropriate, directly into the facility or shall be recovered or disposed of outside the facility in accordance with the provisions of the waste legislation and, where appropriate, integrated waste prevention and control. pollution.
2. The transport and temporary storage of dry waste in the form of dust, such as particulate matter from boilers and dry waste from the treatment of flue gases, shall be carried out in such a way as to prevent their dispersion in the environment, for example, in closed containers.
3. Before determining the routes for disposal, recycling or other forms of recovery of waste from incineration and co-incineration plants, appropriate tests shall be carried out to establish the physical and chemical characteristics and the the pollutant potential of the different incineration waste. The analyses carried out on the basis of these tests shall cover, inter alia, the composition, the total soluble fraction and the soluble fraction of the heavy metals of these residues.
Article 14. Measurements.
1. Measurement equipment must be available at incineration and co-incineration plants and appropriate techniques shall be used for monitoring the parameters, conditions and mass concentrations related to the incineration process or co-incineration.
2. The measurement requirements shall be laid down in the authorisation issued by the competent authority.
3. The appropriate installation and operation of the automated monitoring equipment for emissions into the atmosphere and into the waters shall be subject to control and to an annual monitoring test. Calibration shall be carried out by means of parallel measurements with reference methods, at least every three years.
4. The competent authority shall approve the location of the measurement and sampling points, which shall be accessible for the implementation of the necessary measures.
5. Periodic measurements of emissions into the atmosphere and waters shall be carried out in accordance with paragraphs 1 and 2 of Annex III.
Article 15. Frequency of measurements.
1. The competent authorities shall take the necessary measures to verify that the operators carry out the measures provided for in this Article and in Article 18 by complying with the obligations laid down for that purpose. corresponding authority.
2. The following measurements shall be carried out in the incineration and co-incineration plants in accordance with the provisions of Annex
:a) Continuous measurements of the following substances: NOx (as long as emission limit values are set), CO, total particles, COT, HCl, HF, and SO2.
(b) Continuous measurements of the following process parameters: temperature near the internal wall of the combustion chamber or at another representative point of the combustion chamber for which the authority has lent its conformity competent; concentration of oxygen, pressure, temperature and water vapour content of the exhaust gases.
(c) At least four annual measurements of heavy metals, dioxins and furans, although, during the first 12 months of operation, a measurement shall be carried out at least every two months, without prejudice to the provisions of paragraph 1. 7.
3. At least once the length of time, the minimum temperature and the oxygen content of the exhaust gases shall be properly verified when the incineration or co-incineration plant is put into operation and under the most appropriate conditions. Unfavourable operating conditions that may be foreseen.
4. The continuous measurement of HF may be omitted if gas treatment processes are used to ensure that the emission limit values of HCl are not exceeded, in which case the HF emissions shall be subjected to periodic measurements according to the requirements set out in paragraph 2.c)
5. The continuous measurement of the water vapour content shall not be necessary when the exhaust gases from the sampling are dried before the emissions are analysed.
6. The competent authority may permit the performance of periodic measurements, instead of continuous measurements, of HCl, HF and SO2, in accordance with paragraph 2 (c), in the authorisation, in incineration plants and co-incineration, provided that the operator can prove that emissions from these pollutants cannot exceed the emission limit values set.
7. By way of derogation from paragraph 2 (c) of this Article, the competent authority may allow the frequency of periodic measurements to be reduced from four times a year to once a year in the case of heavy metals and four times a year. times a year twice a year in the case of dioxins and furans, provided that the emissions from co-incineration or incineration are less than 50% of the emission limit values determined in accordance with Annex II or Annex V, respectively, and provided that there are criteria, established in accordance with the rules Community, on the requirements to be met.
However, until 1 January 2005, the reduction in the frequency of measurements may be allowed, even if the above criteria have not been laid down in Community legislation, provided that the following criteria are met: requirements:
(a) that the waste to be co-incinerated or incinerated consists solely of certain combustible fractions considered as non-hazardous wastes which are not suitable for recycling and which present certain characteristics, which shall be indicated on the basis of the assessment referred to in paragraph (d) of this paragraph.
b) That quality criteria, applicable throughout the territorial scope of the State, have been established for such waste.
c) the co-incineration and incineration of such waste should be in accordance with the national residue plans resulting from the application, in accordance with Article 5 of Law 10/1998.
(d) The operator can demonstrate that emissions are, in all circumstances, significantly lower than the emission limit values set out in Annex II or Annex V for heavy metals, dioxins and dioxins. furans. This shall be demonstrated by an assessment based on information on the quality of the waste in question and on the measurements of the emissions of such pollutants.
e) That in the relevant authorisation of the installation, the quality criteria set out in paragraph (b) of this paragraph and the new period of the periodic measurements are expressly stated.
The competent authorities shall communicate annually to the Ministry of the Environment all decisions they have taken on the frequency of measurements, in accordance with paragraphs (a), (b), (c), (d) and (e) of this Regulation. paragraph, including information on the quantity and quality of the waste concerned, for the purposes of its notification to the European Commission, through the relevant channel.
8. From the date on which appropriate technical measurement techniques are laid down, continuous measurements of heavy metals, dioxins and furans shall be carried out in accordance with the provisions of Annex III.
Article 16. Conditions of the measurements.
1. The results of measurements made to verify that the emission limit values are met shall be subject to the following conditions:
(a) The actual volumetric flow rate and the concentrations of pollutants shall relate to standard temperature (273 K) and pressure (101,3 kPa) conditions of dry gas and to the following oxygen values in the gases Escape:
1. º For incineration plants an 11 per cent oxygen in the exhaust gas shall be considered.
2. For waste oil incineration plants, as defined in the Order of 28 February 1989, three per cent of oxygen in exhaust gases shall be considered.
3. When the waste is incinerated or co-incinerated in an oxygen-enriched atmosphere, the results of the measurements may be normalized with reference to a different oxygen content, established by the authority. competent, to obey the special circumstances of the particular case.
4. In the case of co-incineration plants, the results of the measurements shall be standardised with reference to the total oxygen content set out in Annex II, which according to the different installations shall be as follows: 10 In the case of cement kilns, six per cent of oxygen in the case of combustion plants where solid fuels are used, including biomass, and three per cent of oxygen in the facilities of combustion using liquid fuels.
(b) For the calculation of concentrations, the procedure described in Annex VI shall be followed.
c) In the case of incineration or co-incineration plants in which hazardous waste is treated, standardisation with regard to the oxygen content provided for in this paragraph shall be carried out only when the content of the Standard oxygen, measured over the same period of time, exceeds the reference oxygen content corresponding to the type of installation.
2. The results of the measurements shall be recorded, processed and presented in accordance with the procedures laid down by the competent authorities for the purpose of verifying compliance with the operating conditions. authorized and of the emission limit values set forth in this royal decree.
Article 17. Compliance with emission limit values to the atmosphere.
1. Emission limit values shall be considered to be met if each and every one of the following conditions is respected:
(a) If none of the average daily values exceeds the emission limit values set out in paragraph (a) of Annex V or Annex II and 97 per cent of the average daily values, over the whole year, they do not exceed emission limit value as set out in paragraph (e) .1. of Annex V.
(b) Where none of the half-hourly average values exceed the emission limit values in column A of paragraph (b) of Annex V, or, where applicable, if 97 per cent of the average semi-hourly values, over the year, they do not exceed the emission limit values in column B of paragraph (b) of Annex V.
(c) If none of the average values over the sampling period laid down for heavy metals and dioxins and furans exceeds the emission limit values set out in paragraphs (c) and (d) of Annex V or in the Annex II.
(d) Where the provisions of paragraph (e) .2. of Annex V or Annex II are complied with.
2. The half-hour average values and the mean values of 10 minutes shall be determined within the actual operating time, excluding the starting and stopping periods if waste is not being incinerated, from the measured values, after to subtract the value of the confidence interval set out in paragraph 3 of Annex III. The daily average values will be determined from these validated media values.
In order to obtain a valid daily average value, more than five half-hourly average values cannot be ruled out due to malfunction or maintenance of the measurement system. No more than ten average daily values per year per year can be excluded either from operating or maintenance of the measurement system.
3. The average values obtained during the sampling period and the average values in the case of periodic measurements of HF, HCl and SO2 shall be determined in accordance with the requirements laid down in Article 14 (2) and (4) and in Article 14 (4).
annex III.4. Where the measurements taken show that the emission limit values set out in this royal decree have been exceeded, the competent authority shall be informed immediately.
Article 18. Measurements of emissions to water.
1. The following measurements shall be made at the point of waste water discharge:
(a) Continuous measurements of the operational parameters for the control of the waste water referred to in Article 12.5.
b) Daily measurements, using point samples, of the total suspended solids. However, the competent authorities for the control of discharges into the aquatic environment may, as an alternative, establish that measurements of a representative sample and proportional to the flow rate are carried out for 24 hours.
(c) Measurements, with the frequency to be determined by the competent authorities for the control of discharges into the aquatic environment and at least once a month, of a representative sample and proportional to the flow rate for 24 hours of the polluting substances referred to in Article 12.1 in respect of numbers 2 to 10 of Annex IV.
(d) Measurements, at least once every three months, of dioxins and furans, but during the first 12 months of operation a measurement shall be carried out at least every two months.
2. The monitoring of the mass of pollutants in treated waste water, including the frequency of measurements, shall be carried out in accordance with the applicable sectoral rules and as set out in the relevant authorisation.
3. The emission limit values shall be considered to be met in accordance with the requirements set out in Annex IV:
(a) For the total suspended solids (pollutant number 1), when 95 per cent and 100 per cent of the measured values do not exceed the respective emission limit values set out in Annex IV.
(b) For heavy metals (polluting substances numbers 2 to 10), when no more than one measurement per year exceeds the emission limit values set out in Annex IV or, if the emission limit values are set as mandatory more than 20 samples per year, in accordance with paragraph 1 (c) of this Article, where no more than five per cent of those samples exceed the emission limit values set out in Annex IV.
(c) For dioxins and furans (pollutant number 11), where measurements made four times a year do not exceed the emission limit value set out in Annex IV.
4. Where the measurements taken show that the emission limit values for the aquatic environment set out in this royal decree have been exceeded, the competent authority shall be informed immediately.
Article 19. Access to information and public participation.
1. Without prejudice to the provisions of Law 16/2002 of 1 July and Law 38/1995 of 12 December 1995 on the right of access to information in the field of the environment, in the procedure for the processing of applications for new Authorisations for incineration and co-incineration plants shall be included in a public information procedure for the purpose of the submission of comments before the competent authority decides on the granting of the authorization.
A copy of the authorization and subsequent renewals or modifications shall also be made available to the public.
2. As regards incineration or co-incineration plants of a nominal capacity of two tonnes per hour or more, the operator shall draw up and submit to the competent authority an annual report on the operation and the monitoring of the installation, in which it will account, at least, of the progress of the process and of the emissions to the atmosphere or the waters, compared with the emission levels regulated in this royal decree.
The Autonomous Communities shall draw up a list of the incineration or co-incineration plants with a nominal capacity of less than two tonnes per hour located within their territory, which shall be made available to the public, together with the performance and monitoring reports referred to in the previous paragraph.
Article 20. Abnormal operating conditions.
1. The competent authority shall establish in the authorisation the maximum permitted period of the technically unavoidable interruptions, mismatches or failures of the purification or measurement devices, during which the concentrations in the emissions into the atmosphere and into the sewage treatment of controlled substances may exceed the emission limit values provided for.
2. In the event of a breakdown, the operator of the installation shall reduce or stop the operation of the installation as soon as possible until it can be resumed normally.
3. Without prejudice to the provisions of Article 8.3.c), in the abnormal operating conditions under this Article the incineration or co-incineration plant or the incineration line may in no case continue to be incinerated. wastes for a period exceeding four hours uninterrupted if the emission limit values are exceeded. In addition, the cumulative duration of the operation in those circumstances for one year shall be less than 60 hours, taking into account that the duration applies to the lines of the entire facility linked to a single device for the purification of the Output gases.
4. The total particulate content of emissions from an incineration plant to the atmosphere shall in no case exceed 150 mg/m3, expressed as a semi-hourly average value. Moreover, the emission limit values for CO and COT cannot be exceeded and all other conditions referred to in Articles 8, 9 and 10 shall be met.
Article 21. Provision of information to the European Commission.
For the purpose of their referral to the European Commission, the Autonomous Communities will provide the Environmental Quality and Assessment Directorate of the Ministry of the Environment with information regarding the implementation of this real a decree in their respective territorial areas, in accordance with what is laid down in the Community legislation.
The first reporting period will cover from the entry into force of this royal decree until 28 December 2005, without prejudice to other provisions that are also applicable.
Single transient arrangement. Regime applicable to existing installations.
1. The existing incineration and co-incineration plants shall be subject to the arrangements prior to the entry into force of this royal decree, until 28 December 2005.
2. The transitional arrangements governed by this royal decree must also be without prejudice to the measures laid down, for the adequacy of existing facilities, in the first and second transitional provisions of Law 16/2002 of 1 January 2002. (i) July, in the case of integrated pollution prevention and control. For these purposes, the adequacy of the existing facilities to this royal decree which, in turn, fall within the scope of Law 16/2002, will be carried out by means of the adaptation, before 28 December 2005, of the corresponding authorisations granted, unless at that date they already have the integrated environmental authorisation as provided for in Article 3 (a) of Law 16/2002. In any case, these facilities shall have the integrated environmental authorisation before 30 October 2007.
3. In addition to the above two paragraphs, the specific transitional measures referred to in the Annexes shall apply in any case.
Single repeal provision. Regulatory repeal.
Without prejudice to the provisions of the transitional provision, the entry into force of this royal decree shall be repealed as many provisions shall be contrary to the provisions laid down therein, in particular the following:
(a) Royal Decree 1088/1992 of 11 September laying down new rules on the limitation of emissions into the air of certain pollutants from waste incineration plants municipal.
(b) Royal Decree 1217/1997 of 18 July on the incineration of hazardous waste and amending Royal Decree 1088/1992 of 11 September on the incineration of municipal waste facilities.
(c) Paragraph 10 and Annex I of the Ministerial Order of 28 February 1989, as amended by the 13 June 1990, by which the management of waste oils is regulated.
Final disposition first. Constitutional foundation.
This royal decree has the consideration of basic environmental protection legislation, in accordance with the provisions of article 149.1.23.a of the Constitution.
Final disposition second. Regulatory development.
The Minister of the Environment is empowered to make, in the field of his powers, the necessary provisions for the development and application of the provisions of this royal decree and to adapt its annexes to the amendments. which, where appropriate, are introduced by Community legislation.
Given in Madrid, 30 May 2003.
JOHN CARLOS R.
The Minister of the Environment,
MARIA ELVIRA RODRIGUEZ HERRER
ANNEX I
Equivalence factors for dibenzo-para-dioxins and dibenzofurans
To determine the total concentration (ET) of dioxins and furans, the mass concentrations of the following dibenzo-para-dioxins and dibenzofurans will be multiplied by the following equivalence factors before making the total sum:
|
| Factor of equivalence toxic |
|---|---|
| 2,3,7,8-Tetrachlorodibenzodioxin (TCDD). | 1 |
| 1,2,3,7,8-Pentachlorodibenzodioxin (PeCDD). | 0.5 |
| 1,2,3,4,7,8-Hexachlorodibenzodioxin (HxCDD). | 0.1 |
|
1,2,3,6,7,8-Hexachlorodibenzodioxin (HxCDD). | 0.1 |
|
1,2,3,7,8,9-Hexachlorodibenzodioxin (HxCDD). | 0.1 |
|
1,2,3,4,6,7,8-Heptaclodibenzodioxin (HpCDD). | 0.01 |
| -Octaclodibenzodioxin (OCDD) | |
| 2,3,7,8-Tetrachlorodibenzofuran (TCDF). | 0.1 |
|
2,3,4,7,8-Pentachlorodibenzofuran (PeCDF). |
0.5 |
|
1,2,3,7,8-Pentachlorodibenzofuran (PeCDF). | 0.05 |
| 1,2,3,4,7,8-Hexachlorodibenzofuran (HxCDF). | 0.1 |
|
1,2,3,6,7,8-Hexachlorodibenzofuran (HxCDF). | 0.1 |
|
1,2,3,7,8,9-Hexachlorodibenzofuran (HxCDF). | 0.1 |
| 2,3,4,6,7,8-Hexachlorodibenzofuran (HxCDF). | 0.1 |
| 1,2,3,4,6,7,8-Heptachlorodibenzofuran (HpCDF). |
0.01 |
|
1,2,3,4,7,8,9-Heptaclodibenzofuran (HpCDF). | 0.01 |
| -Octaclodibenzofuran (OCDF). | 0.001 |
ANNEX II
Determination of emission limit values to the atmosphere for the co-incineration of waste
The following formula (mixing rule) will apply when a specific total emission limit value "C" has not been set in a table in this annex.
The limit value for each pollutant in question and for the carbon monoxide in the exhaust gas from the co-incineration of waste shall be calculated as follows:
|
residue × Cresidue + Vprocess × Cprocess | = C |
|
residue + Vprocess |
Vwaste: the volume of exhaust gases from the incineration of waste determined solely from the waste with the lowest calorific value specified in the authorisation and referred to the conditions established in this royal decree.
If the heat generated by the incineration of hazardous waste is less than 10% of the total heat generated in the installation, Vresidue must be calculated from a (theoretical) amount of waste that, upon being incinerated, they would generate 10% heat, keeping the total heat generated constant.
Cresidue: the emission limit values set out in Annex V for incineration plants for the pollutants concerned and carbon monoxide.
Vprocess: the volume of exhaust gases from the process performed at the facility, including the burning of the authorised fuels normally used in the installation (excluding waste), determined according to the oxygen content in which emissions are to be standardised in accordance with the provisions of Community or national legislation. In the absence of regulations for this type of plant, the actual oxygen content of the exhaust gases must be used, without it being diluted by unnecessary air injection for the process. This royal decree indicates the other conditions to which the results of the measurements should be referred.
Cprocess: the emission limit values set out in the tables in this Annex for certain industrial sectors or, in the absence of such tables or values, the emission limit values for pollutants that are treat and carbon monoxide in the exhaust gas of installations complying with the national laws, regulations and administrative provisions applicable to such installations when they burn the authorised fuels normally (with the exclusion of waste). In the absence of such measures, the emission limit values set out in the authorisation shall be used. In the absence of these, the values corresponding to the actual mass concentrations shall be used.
C: the total emission limit values and the oxygen content set out in the tables in this Annex for certain industrial sectors and certain pollutants or, in the absence of such tables or values, the limit values the total emission of the CO and the pollutants concerned which replace the emission limit values set out in the relevant Annexes to this royal decree. The total oxygen content that will replace the oxygen content for the normalisation shall be calculated according to the above content, respecting the partial volumes.
1 Special provisions for cement kilns in which waste is co-incinerated.
1.1 Daily average values (for continuous measurements). The sampling periods and the other measurement requirements are those laid down in Articles 15 and 16. All values are given in mg/m3. Semi-hourly average values will only be required to calculate the daily average values.
The results of the measurements made to verify that the emission limit values are met shall be subject to the following conditions for the combustion gases from the cement furnace: temperature 273 K, pressure 101,3 kPa, 10% oxygen and dry gas.
C. Total emission limit values.
| C | |
|---|---|
|
Particles | 3 |
| 10 mg/m | |
| HF | 1 mg/m3 |
| x 800 mg/m | |
|
NOx | 500 mg/m3 (1) |
(1) In the case of cement kilns that are in operation at the entry into force of this royal decree and which have the required authorization to do so, the emission limit values of NOxwill be applied, for existing installations, even if they start to co-exist after 28 December 2004.
Until 1 January 2008 the competent authority may authorise exemptions from NOx for existing wet cement kilns or for furnaces burning less than three tonnes of waste per hour, provided that the authority sets a total emission limit value of NOx not greater than 1,200 mg/m3.
Until 1 January 2008, the competent authority may authorise exemptions from particulate matter for cement kilns which burn less than three tonnes of waste per hour, provided that the authorisation establishes a total emission limit value not exceeding 50 mg/m3.
1.2 Heavy metals.
C expressed in mg/m3. All average values measured over a sampling period of a minimum of 30 minutes and a maximum of 8 hours:
| C | |
|---|---|
| Cd + Tl | 3 |
| Hg | |
| 0.05 mg/m3 | |
| Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V | 0.5 mg/m3 |
1.3 Dioxins and furans.
C expressed in ng/m3. All average values measured over a sampling period of a minimum of 6 hours and a maximum of 8 hours. The emission limit value refers to the total concentration of dioxins and furans calculated using the concept of toxic equivalence in accordance with Annex I:
| c | |
|---|---|
| dioxins and furans | 0.1 ng/m3 |
1.4 Daily media settings for OS2 and COT.
C. Total emission limit values expressed in mg/m3.
| C | |
|---|---|
|
2 |
|
| COT | 10 mg/m 10 mg/m3 |
The competent authority may authorise exemptions in cases where the COT and SO2 do not come from the incineration of waste.
1.5 Issue limit value for CO.
The competent authority may fix the emission limit values for CO.
2 Special provisions for combustion plants that match waste.
2.1 Daily media settings.
Once the internal standard for transposition of Directive 2001 /80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions into the atmosphere of certain pollutants is adopted from large combustion plants, the emission limit values set out in the following tables (Cprocess) shall be adapted to the most stringent emission limit values in accordance with that set out in that paragraph. directive.
Half-time average values will only be needed to calculate the daily average values.
Cprocess:
Cprocess for solid fuels expressed in mg/m3 (contents of O2 6%):
| < 50 MWth | 50 to 100 MWth | 100 to 300 MWth | > 300 MWth | |
|---|---|---|---|---|
|
2: |
|
|
|
|
|
general case |
| 850 mg/m3 | 850 to 200 mg/m3 (linear decrease from 100 to 300 MWth) | 200 mg/m3 |
|
autochthonous fuels |
| or desulphurization rate ≥ 90% |
| or desulphurization rate ≥ 95% |
|
x |
| 400 mg/m | 300 mg/m | 200 mg/m3 |
| Particles | 50 mg/m | 50 mg/m3 | 30 mg/m3 | 30 mg/m3 |
Until 1 January 2007, and without prejudice to the provisions of the relevant Community legislation, the emission limit value for NOx shall not apply to installations that only incinerate waste hazardous.
Until January 1, 2008, the competent authority may authorize exemptions from NOx and OS2 for existing co-incineration facilities of between 100 and 300 MWth using the Fluid bed combustion and solid fuels, provided that the authorization sets a Cprocess value not greater than 350 mg/m3 for NOx and does not exceed a value of between 850 and 400 mg/m3 (linear decrease from 100 to 300 MWth) for OS2.
Cprocess for biomass expressed in mg/m3 (contents of O2 6%):
| < 50 MWth | 50 to 100 MWth | 100 to 300 MWth | > 300 MWth | |
|---|---|---|---|---|
|
2 |
|
| 200 mg/m |
|
|
mg/m3 | 350 mg/m | 300 mg/m3 | 300 mg/m3 | |
|
Particles | 50 mg/m | 50 mg/m3 | 30 mg/m3 | 30 mg/m3 |
Until 1 January 2008, the competent authority may authorise exemptions from NOx for existing co-incineration plants of between 100 and 300 MWth using the bed combustion technology. fluid and burning biomass, as long as the authorization sets a Cprocess value not greater than 350 mg/m3.
Cprocess for liquid fuels expressed in mg/m3 (contents of O2 3%):
| < 50 MWth | 50 to 100 MWth | 100 to 300 MWth | > 300 MWth | |
|---|---|---|---|---|
|
2 |
| 850 mg/m | 850 to 200 mg/m3 decrease linear from 100 to 300 MWth | 200 mg/m3 |
|
x |
| 400 mg/m | 300 mg/m3 | 200 mg/m3 |
|
Particles | 50 mg/m3 | 50 mg/m3 | 30 mg/m3 | 30 mg/m3 |
2.2. C. Total emission limit values:
C expressed in mg/m3 (contents of O2 6%).
All average values measured over a sampling period of a minimum of 30 minutes and a maximum of 8 hours:
| C | ||
|---|---|---|
| Cd + Tl | 0.05 mg/m3 | |
| Hg | 0.05 mg/m3 | |
|
Sb + As + Pb + Cr + Co + Cu + Mn + + Ni + V | 0.5 mg/m3 |
C expressed in ng/m3 (content of O2 6%). All average values measured over a sampling period of a minimum of 6 hours and a maximum of 8 hours. The emission limit value refers to the total concentration of dioxins and furans calculated using the concept of toxic equivalence in accordance with Annex I:
| c | |
|---|---|
| dioxins and furans | 0.1 mg/m3 |
3 Special provisions for industrial sectors not covered by paragraph 1 or in paragraph 2 which coincide with waste.
3.1. C. Total emission limit values:
C expressed in ng/m3. All average values measured over a sampling period of a minimum of 6 hours and a maximum of 8 hours. The emission limit value refers to the total concentration of dioxins and furans calculated using the concept of toxic equivalence in accordance with Annex I:
| c | |
|---|---|
| dioxins and furans | 0.1 ng/m3 |
C expressed in mg/m3. All average values measured over a sampling period of a minimum of 30 minutes and a maximum of 8 hours:
| C | |
|---|---|
| Cd + Tl | 3 |
|
| Hg |
ANNEX III
Measurement Techniques
1. Measurements for the determination of concentrations of pollutants in the atmosphere and water shall be carried out in a representative manner.
2. The sampling and analysis of all pollutants, including dioxins and furans, as well as the reference measurement methods for calibrating the automatic measurement systems, shall be carried out in accordance with the CEN standards.
In the absence of CEN standards, ISO standards, national standards, international standards or other alternative methods that are validated or accredited shall apply, provided that they ensure the collection of quality data scientific equivalent.
3. The confidence interval values of 95% of any measurement, determined in the daily emission limit values, shall not exceed the following percentages of the emission limit values:
Carbon Monoxide: 10%
Sulphur Dioxide: 20%
Nitrogen dioxide: 20%
Total Particles: 30%
Total organic carbon: 30%
Hydrogen Chloride: 40%
Hydrogen Fluoride: 40%
ANNEX IV
Emission Limit Values for Wastewater Discharges from Exhaust Gas Purification
| pollutants | Emissions limit values expressed in mass concentrations for samples | ||
|---|---|---|---|
| 1. Total suspended solids as defined in the Royal Decree Law 11/1995 of 28 December, laying down the rules applicable to the treatment of urban waste water and Royal Decree 509/1996 of 28 December 1996, which is develops. | 95% - 30 mg/l | 100% - 45 mg/l | |
| 2. Mercury and its compounds, expressed in mercury (Hg). | 0.03 mg/l | ||
| 3. Cadmium and its compounds, expressed in cadmium (Cd). | 0.05 mg/l | ||
| . Thallium and its compounds, expressed in thallium (Tl). | 0.05 mg/l | ||
| 5. Arsenic and its compounds, expressed in arsenic (As). | 0.15 mg/l | ||
|
6. Lead and its compounds, expressed in lead (Pb). | 0.2 mg/l | ||
|
7. Chromium and its compounds, expressed in chromium (Cr). | 0.5 mg/l | ||
| 8. Copper and its compounds, expressed as copper (Cu). | 0.5 mg/l | ||
| . Nickel and its compounds, expressed in nickel (Ni). | 0.5 mg/l | ||
|
10. Zinc and its compounds, expressed in zinc (Zn). | 1.5 mg/l | ||
| . Dioxins and furans, defined as the sum of the various dioxins and furans evaluated according to Annex I. | 0,3 ng/l | ||
Until 1 January 2008 the competent authority in the field of control discharges into the aquatic environment may authorise exemptions from the total suspended solids for existing incineration plants, provided that where the authorisation establishes that 80% of the measured values are not more than 30 mg/l and none of them exceed 45 mg/l.
ANNEX V
Emission Limit Values to the Atmosphere
a) Daily average values.
|
Particles | 10 mg/m3 | |
|
Gaseous and vapor-state organic total organic carbon | 10 mg/m3 | |
|
chloride (HCl) |
10 mg/m3 | |
| mg/m | ||
|
mg/m3 | 1 mg/m |
|
| Nitrogen Monoxide (NO) and nitrogen dioxide (NO2), expressed as nitrogen dioxide, for incineration facilities existing nominal capacity of more than 6 tonnes per hour or for new incineration plants | 200 mg/m3 (*) | |
|
Nitrogen Monoxide (NO) and nitrogen dioxide (NO2), expressed as nitrogen dioxide, for existing incineration plants of nominal capacity not exceeding 6 tonnes per hour | 400 mg/m3 (*) |
(*) Until January 1, 2007, the emission limit value for NOx will not apply to installations that only incinerate hazardous waste.
The competent authority may authorize exemptions from NOx for existing incineration facilities:
1. No nominal capacity not exceeding 6 tonnes per hour, provided that the authorisation establishes daily average values not exceeding 500 mg/m3 and this until 1 January 2008.
2. No nominal capacity of more than 6 tonnes per hour but not more than 16 tonnes per hour, provided that the authorisation sets daily average values not exceeding 400 mg/m3 and this until 1 January of 2010.
3. No nominal capacity exceeding 16 tonnes per hour but less than 25 tonnes per hour and which do not produce discharges of water, provided that the authorisation establishes daily average values not exceeding 400 mg/m3 and until 1 January 2008.
Until 1 January 2008, the competent authority may authorise exemptions from particulate matter for existing incineration plants, provided that the authorisation sets out non-higher daily average values. to 20 mg/m3.
b) Semi-hourly average values.
|
| (100%) A | (97%) B | |
|---|---|---|---|
| Total Particles | 30 mg/m3 | 10 mg/m3 | |
| Organic substances in gaseous and vapor state expressed in total organic carbon | 3 | 10 mg/m | |
|
chloride (HCl) | 3 | 10 mg/m | |
| 10 mg/m3 |
10 mg/m3 |
| 2 mg/m |
| Sulfur Dioxide (SO2) | 200 mg/m3 | 50 mg/m3 | |
|
Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as nitrogen dioxide, for existing incineration plants of nominal capacity of more than 6 tonnes per hour or for installations New incineration | 400 mg/m3 (*) | 200 mg/m3 (*) |
(*) Until January 1, 2007, the emission limit value for NOx will not apply to installations that only incinerate hazardous waste.
Until 1 January 2010, the competent authority may authorise exemptions from NOx for existing incineration plants with a nominal capacity of between 6 and 16 tonnes per hour, provided that when the half-time value is equal to or less than 600 mg/m3 for column A, or equal to or less than 400 mg/m3 for column B.
c) All average values measured over a sampling period of a minimum of 30 minutes and a maximum of 8 hours.
| cadmium and its compounds, expressed in cadmium (Cd). Thallium and its compounds, expressed in thallium (Tl). | Total 0.05 mg/m3 | Total 0.1 mg/m3 (*) |
| Mercury and its compounds, expressed in mercury (Hg). | 0.05 mg/m3 | 0.1 mg/m3 (*) |
|
Antimony and its compounds, expressed in antimony (Sb). Arsenic and its compounds, expressed in arsenic (As). Lead and its compounds, expressed as lead (Pb). Chromium and its compounds, expressed in chromium (Cr). Cobalt and its compounds, expressed in cobalt (Co). Copper and its compounds, expressed as copper (Cu). Mandiñe and its compounds, expressed as manganese (mn). Nickel and its compounds, expressed in nickel (Ni). Vanadium and its compounds, expressed in vanadium (V). | Total 0.5 mg/m3 | Total 1 mg/m3 (*) |
(*) Until 1 January 2007, mean values for existing installations to which the holding authorisation has been granted before 31 December 1996 and in which only hazardous waste is incinerated.
These mean values refer to the corresponding emissions of heavy metals, as well as their compounds, both in gaseous and vapor state.
d) All average values measured over a sampling period of a minimum of 6 hours and a maximum of 8 hours. The emission limit value refers to the total concentration of dioxins and furans calculated using the concept of toxic equivalence in accordance with Annex I.
| 0.1 ng/m3 |
e) The following emission limit values for carbon monoxide (CO) concentrations (excluding start and stop phases) cannot be exceeded in the combustion gases:
1. º 50 mg/m3 of combustion gas calculated as a daily average value.
2. º 150 mg/m3 of combustion gas in at least 95% of all measurements, calculated as mean values every 10 minutes; or 100 mg/m3 of combustion gas in all measurements, calculated as values half-time means taken in any 24-hour period.
The competent authority may authorise exemptions for incineration plants using the fluid-bed combustion technology, provided that the authorisation establishes an emission limit value for the carbon (CO) equal to or less than 100 mg/m3 as the average time value.
ANNEX VI
Formula for calculating the corrected concentration of pollutant emissions according to the oxygen content, in accordance with Article 16
|
= | 21-Os | × Em |
| 21-Om |
Es = emission concentration referred to dry gas under standard conditions and corrected to the reference oxygen concentration, depending on the installation and type of fuel (article 16.1), expressed in mg/m3 (or ng/m3 for dioxins and furans).
Em = measured emission concentration, referred to dry gas under standard conditions, expressed in mg/m3 (or ng/m3 for dioxins and furans).
Os = reference oxygen concentration, as referred to in Article 16.1 for each type of installation, expressed in% by volume.
Om = measured oxygen concentration, referred to dry gas under standard conditions, expressed in% by volume.
The "Es" concentrations thus obtained shall be those that are to be compared with the emission limit values, C total, as set out in Annexes II and V.
