Advanced Search

Royal Decree 1217 / 1997 Of 18 July On Incineration Of Hazardous Waste And Of Modification Of The Real Decree 1088 / 1992, Of 11 September, On Municipal Waste Incineration Facilities.

Original Language Title: Real Decreto 1217/1997, de 18 de julio, sobre incineración de residuos peligrosos y de modificación del Real Decreto 1088/1992, de 11 de septiembre, relativo a las instalaciones de incineración de residuos municipales.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

Council Directive 94 /67/EC of 16 December concerning the incineration of hazardous waste is intended to prevent or limit the harmful effects on human health and the environment arising from the incineration of waste. hazardous waste.

To do this, it conditions the authorizations required in the Community legislation to carry out the treatment of such waste or to carry out potentially polluting activities of the atmosphere to the fulfillment by the incineration plants for certain design, equipment and operation obligations.

Consequently, it imposes obligations on the holder of the waste for delivery and the person responsible for the incineration plant to take care of them; it sets the limit values for atmospheric emissions; conditions the authorisations of discharges from incinerators to meet specific requirements; it determines methods and frequencies for the measurement of pollutants, and establishes a differentiated regime for new incineration plants and for the existing ones.

The authorizations indicated in the preceding paragraphs are governed by our internal law in Law 38/1972 of 22 December of Protection of the Atmospheric Environment, which submits to prior administrative authorization, in Article 3, the installation, extension or modification of activities qualified as potentially polluting the atmosphere and empowers the Government to set emission levels. Subsequently, Decree 833/1975, of 6 February, approving the Law of the Development of Law included, in the activities potentially polluting the atmosphere, the incineration of industrial waste and fixed limits of emission of particles and opacity of smoke for solid waste incinerators.

In turn, Article 6 of the Law 20/1986 of 14 May, Basic of Toxic and Dangerous Waste, submits to prior administrative authorization the performance of hazardous and toxic waste management activities. This authorisation shall be granted in accordance with the legal regime laid down in Articles 23 and following of its Implementing Regulation, approved by Royal Decree 833/1988 of 20 July 1988.

Finally, Article 92 of Law 29/1985 of 2 August of Aguas and Article 56 of Law 22/1988 of 29 July, of the Coasts, require authorization for discharges, which will be granted subject to compliance with the provisions of the those laws and in their implementing regulations.

In accordance with the foregoing, the incorporation into the domestic law of Directive 94 /67/EC, which is carried out by this Royal Decree, must be brought into line with the provisions of the aforementioned legislation.

In addition, this provision amends Royal Decree 1088/1992 of 11 September establishing new rules on the limitation of emissions into the air of certain pollutants from the Municipal waste incineration plants, to exclude from the definition of 'municipal waste incineration plant' those sludge containing waste which make them dangerous and to incorporate specific rules on the incineration of waste. incineration of waste containing a certain proportion of organic substances Halogenated.

In its virtue, on the proposal of the Ministers of the Environment and Industry and Energy, in agreement with the Council of State and after deliberation of the Council of Ministers, at its meeting of July 18, 1997,

D I S P O N G O:

Article 1. Object.

1. The purpose of this Royal Decree is to lay down the operating conditions and the emission limit values to which hazardous waste incineration plants must comply with the aim of preventing, or reducing, as much as possible. the harmful effects on the environment and the risks to human health caused by incineration.

2. This provision shall apply without prejudice to the rules applicable to toxic and hazardous waste and to the protection of the health and safety of workers at the incineration plant.

Article 2. Definitions.

For the purposes of this Royal Decree:

1. Hazardous waste: the toxic and hazardous wastes defined in Article 2 of Law 20/1986 of 14 May, Basic for Toxic and Dangerous Waste, and in its Implementing Regulation, approved by Royal Decree 833/1988 of 20 July.

The following wastes are excluded from the scope of this provision:

(a) Fuel liquid wastes, including waste oils, provided that they meet the following three requirements:

1. The mass content of polychlorinated aromatic hydrocarbons does not exceed the concentrations laid down in the Order of the Ministry of Public Works and Urbanism of 28 February 1989, which regulates the management of used oils.

2.o That these wastes do not contain other components of those listed in Table 4 of Annex I to the Regulation for the implementation of Law 20/1986, approved by Royal Decree 833/1988 of 20 July, in quantities or concentrations incompatible with the achievement of the objectives set out in Article 1 of Law 20/1986.

3.o The net calorific value is at least 30 MJ per kilogram.

(b) Fuel liquid wastes which cannot cause, in the resulting gases directly from their combustion, emissions other than those from diesel or a higher emission concentration than those resulting from the combustion of gas. combustion of diesel, with diesel being understood as defined in Royal Decree 2204/1975 of 23 August 1975 on the characteristics, qualities and conditions of use of fuels and fuels, as last amended by Royal Decree 398/1996 of 1 March 1996.

(c) Hazardous residues resulting from the exploration and exploitation of oil and gas on offshore platforms that are incinerated on board.

(d) Municipal waste to which Royal Decree 1088/1992 of 11 September 1992 applies, laying down new rules on the limitation of emissions into the atmosphere of certain pollutants from municipal waste incineration plants.

(e) sewage sludge from municipal waste water which does not contain constituents listed in Table 4 of Annex I to the Regulation for the implementation of Law 20/1986, in such quantities as to present any of the hazard characteristics listed in Table 5 of that Annex I.

2. Incineration plants: the set of facilities used for the incineration by oxidation of hazardous waste with or without recovery from the heat produced by combustion, including prior treatment, as well as pyrolysis or other processes of heat treatment, such as plasma, to the extent that the resulting products are incinerated below. This definition includes installations using this type of hazardous waste as a normal or additional fuel for any industrial process.

Also, this definition includes the terrain and the set of facilities in which the reception, storage and prior treatment of hazardous waste, the incinerator, its supply systems are included. waste, fuel and air, the treatment facilities for exhaust gases and waste water, as well as the devices and systems for the control of incineration and the continuous recording and monitoring of waste water. incineration conditions, if any.

This definition includes facilities for the incineration of hazardous waste from hospital medical activities and does not include facilities for the incineration of offal or animal carcasses.

It is considered as a new incineration plant that the authorization is granted after the day of entry into force of this Royal Decree and as an existing incineration plant that is authorized for the first time. prior to that date.

3. Emission limit value: the mass concentration of pollutants that cannot be exceeded in the emissions of the installations over a given period of time.

4. Manager: any natural or legal person carrying out activities for the recovery or disposal of hazardous waste by incineration, in accordance with Article 2 of Law 20/1986.

5. Competent authorities: the competent bodies of the Autonomous Communities.

Article 3. Authorisations.

1. Without prejudice to the other authorisations or licences required under the legislation in force, hazardous waste incineration plants shall require the authorisations required in the legislation of toxic and dangerous waste and of protection of the atmospheric environment. These authorisations will only be granted if the specific provisions of this Royal Decree are met.

2. The authorisations required in the toxic and hazardous waste legislation shall include a detailed description of the types and quantities of hazardous waste which may be treated in the incineration plant, as well as the total capacity of the incinerator.

Article 4. Delivery of hazardous waste.

Persons who deliver hazardous waste to an authorised manager for incineration, in addition to complying with the obligations laid down in the Regulation for the implementation of Law 20/1986, must certify the risks inherent in the waste, the substances with which they cannot be mixed and the precautions to be taken when handling them.

Article 5. Obligations of the manager.

The manager, in addition to complying with the obligations under Chapter III of the Regulation for the implementation of Law 20/1986, before accepting the waste in the incineration plant, must fulfil the following obligations:

1.a Make a determination of the mass of the waste.

2.a Check that the documentation required in the regulations on the transport of toxic and dangerous waste and on the transport of dangerous goods is adequate.

3.a Carry out checks, by means of a representative sampling of the waste to be possible before unloading them, to verify that they conform to the description received in accordance with Article 4. These samples, which shall be available to the competent authorities, in order to enable them to determine the nature of the waste treated, must be kept for at least one month from the incineration.

Article 6. Arrangements applicable to installations which incinerate their own waste.

The competent authorities may decide that the obligations laid down in Articles 4 and 5 shall not apply to industrial installations or undertakings which incinerate only their own waste at the place of production of the provided that the same level of protection as that provided for in those Articles is ensured.

Article 7. Operating conditions of the facilities.

1. Hazardous waste incineration plants shall be authorised in accordance with Section 1.a of Chapter III of the Regulation for the implementation of Law 20/1986 and shall operate in such a way as to obtain such complete incineration. as possible. For this purpose, the competent authorities may require appropriate techniques for the prior treatment of waste to be used.

2. The project, equipment and operation of incineration plants shall meet the following requirements:

(a) After the last injection of combustion air, the temperature of the gases resulting from the incineration of hazardous waste shall be raised, in a controlled and homogeneous manner and even under the most unfavourable conditions, until a minimum of 850 oC. This temperature must be reached at or near the internal wall of the combustion chamber, at least for two seconds with a minimum of 6 per 100 oxygen.

However, if hazardous waste containing more than 1 per 100 of halogenated organic substances, expressed in chlorine, is incinerated, the temperature must be raised to a minimum of 1,100 oC.

When the oven is fed only with liquid hazardous waste or with a mixture of gaseous and solid substances sprayed from a prior thermal treatment of hazardous waste with oxygen deficiency, and when the gaseous part produces more than 50 per 100 of all heat released, the oxygen content existing after the last combustion air injection shall be at least 3 per 100.

(b) Contar with burners that are automatically set in motion when the temperature of the combustion gases, after the last air injection, falls below the minimum temperature specified in subparagraph (a). In addition, such burners shall be used during start-up and stop operations of the facility in order to ensure that the appropriate temperature, as indicated in the previous paragraph, is maintained as long as there is no waste. incinerated in the combustion chamber.

During commissioning or stopping, or when the temperature of the combustion gases falls below the minimum temperature set in paragraph (a), the burners shall not be able to feed on fuels that may cause higher emissions than those produced by the burning of gas oil.

c) Dispose of a system that will have to be activated to prevent the incorporation of hazardous waste in the following cases:

1.o In commissioning, until the required minimum incineration temperature has been reached.

2.o When the required minimum incineration temperature is not maintained.

3.o When the continuous measurements referred to in paragraph (a) 1 of Article 12 show that an emission limit value is being exceeded due to disturbances or failures in the purification devices.

(d) Prevent emissions to the atmosphere causing considerable air pollution at the ground level; in particular, exhaust gases will be released in a controlled manner by a chimney whose height is calculate in such a way that human health and the environment are protected.

3. The competent authorities may require requirements other than those laid down in paragraph 2 (a) in the case of the incineration of certain specific hazardous waste. If this is the case, these requirements shall be specified in the relevant authorisation, which shall be subject to compliance with at least the provisions of Annex 1 and to the emission of dioxins and furans being lower or equivalent to the levels obtained in the conditions laid down in paragraph 2 (a) of this Article.

The competent authorities shall notify the Environmental Quality and Assessment Directorate of the Ministry of the Environment, the operating conditions authorized in accordance with this paragraph, as well as the results of the verifications carried out, for the purposes of their communication to the European Commission, through the relevant channel.

4. The following limit values for the concentration of carbon monoxide (CO) in combustion gases shall not be exceeded during the operation of the incineration plant:

a) 50 milligrams/Nm of combustion gas determined as daily average value.

b) 150 milligrams/Nm of flue gas in 95 per 100 of all measurements at least, calculated from the average values obtained every ten minutes, or 100 milligrams/Nm of combustion gas from all measurements, calculated from the semi-hourly average values, taken over a period of 24 hours.

Article 8. Emission limit values.

1. Hazardous waste incineration plants shall not be able to exceed the emission limit values in exhaust gases, as set out in Annex 1.

2. Where hazardous waste is co-incinerated in accordance with Article 17, the provisions of Article 7 (4) and Annex 1 shall apply only to the part of the volume of exhaust gases caused by incineration. of the said waste, in accordance with the criteria set out in Annex 2.

Article 9. Protection of soil and water.

1. The discharge into the aquatic environment of waste water from hazardous waste incineration plants shall be subject to the authorisations laid down in Law 29/1985 of 2 August of Water and in Law 22/1988 of 28 July 1988. Costs.

These discharge authorisations shall be granted only where, after being treated separately, the mass of heavy metals, dioxins and furans contained in those waste water in relation to the quantity of waste water is shown to be reduced. processed hazardous waste, so that the mass that can be poured into the water is less than that which can be emitted into the air. This reduction must be expressly stated in the authorization.

2. Incineration plants, even in the field where they are located, shall be designed and operated in such a way as to prevent the release of polluting substances to the soil and water, in accordance with the provisions of the provisions referred to in the previous paragraph.

A storage capacity must also be available for runoff from the land where the incineration plant is located or for the contaminated water that comes from spills. or fire-fighting operations. This storage capacity shall be adequate to ensure that such waters can be tested and treated before discharge, where necessary.

Article 10. Management of waste from the operation of incineration plants.

1. Waste from the operation of the incineration plant shall be recovered or disposed of in accordance with the provisions of the toxic and dangerous waste legislation, for which the competent authorities may require the prior treatment of such residues.

These wastes will be kept separate from each other until they are decided on their recovery or disposal.

2. Without prejudice to the provisions of the rules on the transport of dangerous goods, the transport and temporary storage of dry waste in the form of dust, such as the dust from boilers and dried waste from the Exhaust gas treatment shall be carried out in closed containers.

3. Where possible, the heat produced in the incineration processes shall be used.

4. Before determining the routes for disposal or recovery of waste from incineration, the operator shall carry out appropriate tests to establish the physical and chemical characteristics, as well as the pollutant potential, of the different incineration waste. This analysis shall cover in particular the soluble fraction and heavy metals.

Article 11. Measurements.

1. In the authorisations granted by the competent authorities in accordance with Articles 3 and 17, measurement requirements shall be established for the monitoring, in accordance with the provisions of Article 12, of the parameters, the conditions and mass concentrations of the pollutants related to the incineration process.

2. The authorisations shall be issued only if it follows from the application that the proposed measurement techniques are in accordance with Annex 3. The confidence value (95 per 100) of the emission limit values referred to in Article 7 (4) (a) and in paragraphs 1, 2, 3 and 5 (a) of Annex 1 shall not exceed the values set out in paragraph 4. 4 of Annex 3.

The corresponding installation and operation of the automated tracking equipment shall be subject to control and an annual review test.

3. The sampling and measurement procedures used to comply with the obligations imposed in relation to the periodic measurements of each atmospheric pollutant and the place of sampling or measurement points shall be specified in the authorisation issued by the competent authority.

The competent authorities shall lay down the requirements for periodic measurements in accordance with Annex 3.

Article 12. Frequency of measurements.

In the incineration plants, the following measurements shall be carried out in accordance with the provisions of Annex 3:

(a) Continuous measurements of the substances referred to in Article 7 (4) and in paragraphs (a) and (b) of Annex 1.

b) Continuous measurements of the following operating process parameters:

1.o The temperature referred to in paragraphs 2.a) and 3 of Article 7.

2.o The concentration of oxygen, pressure, temperature and water vapor content of the exhaust gases.

(c) At least two annual measurements of the substances referred to in paragraphs (c) and (d) of Annex 1. However, during the first 12 months of operation, a measurement shall be carried out every two months.

(d) At least once when the incineration plant is put into service and under the most unfavourable conditions of operation which can be foreseen, the length of the stay, the minimum temperature, shall be properly verified. and the oxygen content of the exhaust gases, as specified in paragraphs 2.a) and 3 of Article 7.

The continuous measurement of hydrogen fluoride (HF) may be omitted if hydrogen chloride (HCI) treatment phases are used to ensure that the emission limit values in paragraph 3 (a) and (3) are not exceeded. Paragraph 3 (b) of Annex 1. In this case, the HF emissions shall be subjected to periodic measurements.

The continuous measurement of the water vapour content shall not be required when the exhaust gases from the sampling are dried before the emissions are analysed.

The measurements of the pollutants listed in Annex 1 shall not be carried out in addition, provided that the authorisation is permitted only for the incineration of hazardous waste which cannot give rise to average values of such pollutants exceeding 10 per 100 of the emission limit values laid down in Annex 1.

Article 13. Conditions to be met in the measurements.

1. The results of the measurements made to verify that the limit and reference values set out in Articles 7 and 8 and Annex 1 are met shall be subject to the following conditions:

1.a Temperature 273 K, pressure 101,3 kPa, 11 per 100 oxygen, dry gas.

2.a Temperature 273 K, pressure 101,3 kPa, 3 per 100 oxygen, dry gas, only in the case of the incineration of waste oils.

When hazardous waste is incinerated in an oxygen-enriched atmosphere, the results of the measurements may be standardised with reference to an oxygen content, as set out by the competent authority, reflecting the special circumstances of the particular case. In the case of co-incineration as referred to in Article 17, the results of the measurements shall be standardised with reference to the total oxygen content calculated in accordance with Annex 2.

When emissions of pollutants are reduced by the treatment of exhaust gases, normalisation with regard to the oxygen content provided for in the first subparagraph shall be carried out only when the oxygen content is measured over the same time period for the pollutant in question exceeds the corresponding standard oxygen content.

2. Emission limit values shall be considered to be met if:

1.o All average daily values do not exceed the limit values referred to in Article 7 (4) (a) and Annex 1 (a), and

(a) Or over the course of the year the entire semi-hourly average values do not exceed the emission limit values in column A of Annex 1 (b).

b) Or over the course of the year 97 per 100 of the average semi-hourly values does not exceed the emission limit values in column B of Annex 1.

2.o All average values obtained during the sampling period referred to in Annex 1 (c) do not exceed the emission limit values set out in that paragraph.

3.o The provisions of Article 7 (4) (b) are complied with.

In the assessment of this compliance, the average values determined within the periods referred to in Article 14 (2) shall be excluded.

Semi-hourly average values and mean values of ten minutes shall be determined within the actual operating time (including start-up and stop periods when hazardous waste is being incinerated) from the average values, after subtracting the value of the confidence interval shown in paragraph 4 of Annex 3.

3. The daily average values shall be determined from these validated average values.

The average values obtained during the sampling period and, in the case of periodic measurements of HF, the average values of HF, shall be determined in accordance with the requirements laid down in Article 11 (3).

Article 14. Exceeding the emission limit values.

1. If the measurements made indicate that the emission limit values set out in this Royal Decree have been exceeded, the operator shall inform the competent authority without delay.

As long as the situation referred to in the preceding paragraph persists, the installation concerned shall not be able to be fed with hazardous waste until it has the relevant permission of the competent authority, which shall be granted only after verification that the incineration plant complies with the emission standards.

2. The competent authorities shall establish the maximum permitted period of the technically unavoidable interruptions, failures or mismatches of the purification or measurement devices during which the concentrations in the emissions to the the atmosphere of the controlled substances may exceed the emission limit values provided for. The installation may in no case continue to incinerate hazardous waste for a period of more than four hours uninterrupted. In addition, the cumulative duration of operation in such circumstances for one year shall be less than 60 hours.

In case of failure, the manager will reduce or stop the operation of the installation as soon as possible until it can resume normally. In the case of the co-incineration plants referred to in Article 17, the supply of hazardous waste shall be stopped.

The total particle content of the emissions shall in no case exceed 150 mg/Nm, expressed as a half-time value. Furthermore, the emission limit value provided for in paragraph 2 (a) and in paragraph 2 (b) of Annex 1 may not be exceeded. All other conditions laid down in Article 7 shall be fulfilled.

Article 15. Access to environmental information.

The information concerning the authorizations granted in accordance with this Royal Decree, including the one concerning the applications for authorization, as well as the results of the measurements made in accordance with the provisions of the Articles 12 and 13 shall be made available to the public in accordance with the provisions of Law 38/1995 of 12 December 1995 on the right of access to information in the field of the environment.

Article 16. Information to be supplied to the European Union.

The competent authorities shall provide the Directorate-General for Quality and Environmental Assessment with the information to be supplied to the European Union in accordance with the provisions of Council Directive 91 /692/EEC of 23 The Committee on the Environment, the Environment and the Environment, and the Committee on the Environment, the Environment, the Environment and the Environment.

Article 17. Co-incineration.

1. Where hazardous waste is incinerated in an installation which is not primarily intended to incinerate hazardous waste, and the heat released by it does not exceed 40 per 100 of the total heat released at the installation at any time of its disposal. operation, the competent authorities may grant the authorizations referred to in Article 3 if such facilities comply with the provisions of this Royal Decree, subject to the application of paragraphs (a), (b) and (c) of the Article 7 (2) and Article 7 (3), as well as the provisions of Article 9.

2. The approval of the installations in which the co-incineration operations are carried out, in accordance with the above paragraph, shall be granted only if the application demonstrates that:

(a) The hazardous waste burners shall be placed and the waste shall be added in such a way as to obtain an incineration as complete as possible.

(b) The provisions of Article 8 and Annex 1 shall be complied with, in accordance with the calculations set out in Annex 2.

This authorisation shall include the explicit relationship of the types and quantities of hazardous waste that may be co-incinerated in the facility. It shall also determine the minimum and maximum mass flows of such hazardous wastes, their minimum and maximum calorific values and their maximum levels of pollutants, in particular PCBs, PCP, chlorine, fluorine, sulphur and heavy metals.

At six months after the beginning of the co-incineration process, it must be demonstrated by comparing the results of measurements taken under the most unfavourable conditions, that the provisions of Article 8 and the Annex are complied with. 1.

Single additional disposition. Amendment of Royal Decree 1088/1992.

Royal Decree 1088/1992 of 11 September establishing new rules on the limitation of emissions into the atmosphere of certain pollutants from waste incineration plants municipal, is amended as follows:

1. The first subparagraph of paragraph (b) of Article 2 is worded as follows:

" (b) Installation of municipal waste incineration, any technical equipment dedicated to the treatment of municipal waste by incineration, with or without recovery from the heat of combustion produced, excluding installations in particular, on land or at sea, for the incineration of sludge from the purification of municipal waste water containing waste which makes it hazardous, chemical, toxic or hazardous waste, waste from medical activities of hospitals, including in the case of such facilities may also incinerate municipal waste. "

2. Paragraph (c) of Article 5 is replaced by the following subparagraph (c):

" (c) The equipment of the incineration plant must include complement burners for the start-up and staging phases of the installation which ensure the permanent maintenance of the temperature which corresponds, as indicated in the previous paragraph, during such phases and during the time when the waste is in the combustion chamber, and that they must automatically enter into operation when that temperature drops by any cause. "

3. A new additional provision is added sixth with the following wording:

" Sixth. Incineration of waste containing halogenated organic substances.

1. Installations where waste containing more than 1 per 100 of halogenated organic substances, expressed in chlorine, is incinerated shall be designed and equipped and shall operate in such a way that the following limit values are not exceeded. emission in the exhaust gas:

a) Daily average values:

Installations

new/Installations

already existing/Substance

Hydrogen Chloride/(HCl) 10 mg/Nm/10 mg/Nm

(b) All average values obtained during a sampling period of at least 30 minutes and at most eight hours for new and existing installations shall be the same as those laid down for the installations of incineration of hazardous waste.

c) By means of the most advanced techniques, the emission of dioxins and furans will be reduced. All average values measured during a sampling period of at least six hours and at least eight hours shall not exceed the limit value of 0,1 mg/Nm. This limit value is defined as the sum of the concentrations of the individual dioxins and furans assessed on the basis of the table of equivalence factors for dioxins and dibenzofurans established for the incineration plants of hazardous waste.

2. Existing municipal waste incineration plants will not have to meet these obligations until 1 July 2001. "

Single transient arrangement. Existing incineration plants.

1. The provisions of this Royal Decree will only apply to existing hazardous waste incineration plants, from 1 July 2000 onwards.

2. Notwithstanding the above paragraph, this Royal Decree shall not apply to existing incineration plants where the operator has notified the competent authority before the end of six months from the date of entry into force of this Regulation. This Royal Decree, which will not operate the existing incineration plant for more than twenty thousand hours over a maximum period of five years, counted from the notification, before its final closure.

Final disposition first. Constitutional basis and basic character.

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.

Final disposition second. Development authorization.

The Ministers for the Environment and Industry and Energy are hereby authorised to make, within the scope of their respective powers, the necessary provisions for the implementation and development of this Royal Decree, and in particular for to adapt this provision to the amendments which, if necessary, are introduced by the European Commission in Directive 94 /67/EC, in order to adapt it to scientific and technical progress.

The Ministers are also authorised to issue, within the scope of their respective powers, the provisions necessary to adapt this Royal Decree to the fixing, where appropriate, by the Council of the European Union. European, of specific limit values for pollutants contained in effluents derived from the purification of exhaust gases, which are to be poured into the aquatic environment.

Final disposition third. Entry into force.

This Royal Decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid to July 18, 1997.

JOHN CARLOS R.

The First Vice President of the Government

and Minister of the Presidency,

FRANCISCO ALVEZ-HELMETS FERNANDEZ

ATTACHED 1

Issue limit values

a) Daily average values:

1. Total particles: 10 mg/Nm.

2. Organic substances in gaseous and vapour state expressed in total organic carbon: 10 mg/Nm.

3. Hydrogen chloride (HCI): 10 mg/Nm.

4. Hydrogen fluoride (HF): 1 mg/Nm.

5. Sulphur dioxide (SO): 50 mg/Nm.

b) Semi-hourly average values:

A/B

1. Total particles. /30 mg/Nm/10 mg/Nm

2. Organic substances in gaseous and vapour state, known as total organic carbon. /20 mg/Nm/10 mg/Nm

3. Hydrogen chloride (HCl)/60 mg/Nm/10 mg/Nm

4. Hydrogen fluoride (HF)/4 mg/Nm/2 mg/Nm

5. Sulphur dioxide. /(SO) 200 mg/Nm/50 mg/Nm

c) All average values obtained during a sampling period of at least thirty minutes and at most eight hours:

Installations

new/Installations

already existing/Substance

1. Cadmium and its compounds, expressed as cadmium (Cd)

2. Thallium and its compounds, express-/0.05 mg/Nm/0.1 mg/Nm

do as thallium (IT).

3. Mercury and its compounds, ex-presado as mercury (Hg)

4. Antimony and its compounds, ex-presado as antimony (Sb)

5. Arsenic and its compounds, ex-/0.5 mg/Nm/0,1 mg/Nm

presado as ar-

senic (As)

6. Lead and its compounds, expressed as lead (Pb)

7. Chromium and its compounds, expressed as chromium (Cr)

8. Cobalt and its com positions, expressed as cobalt (Co)

9. Copper and its compounds, expressed as copper (Cu)

10. Manganese and its compounds, ex-presado as/0.5 mg/Nm/1 mg/Nm

manganese (Mn).

11. Nickel and its compounds, expressed as nickel (Ni)

12. Vanadium and its compounds, ex-presado as vanadium (V)

13. Tin and its compounds, expressed as tin (Sn)

These mean values shall also include the gaseous forms and the vapour of the corresponding heavy metals emissions as well as their compounds.

d) By means of the most advanced techniques, the emission of dioxins and furans will be reduced. All average values measured during a sampling period of at least six hours and at least eight hours shall not exceed the limit value of 0,1 Mg/Nm. This limit value is defined as the sum of the concentrations of the individual dioxins and furans assessed according to the following table:

Equivalence factors table for dioxins

and dibenzofurans

For the determination of the cumulative value, the mass concentrations of the following dioxins and dibenzofurans must be multiplied by the following equivalence factors before making the total sum (using the concept of toxic equivalents).

Factor

from equi-

Valencia

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

1,2,3,7,8,9/Hexachlorodibenzodioxin (HxCDD). /0.1

1,2,3,6,7,8/Hexachlorodibenzodioxin (HxCDD). /0.1

1,2,3,4,6,7,8/Heptaclodibenzodioxin (HpCDD). /0,01/Octaclodibenzodioxin (OCDD) .../0.001

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

1,2,3,7,8,9/Hexachlorodibenzofuran (HxCDF) ../0,1

1,2,3,6,7,8/Hexachlorodibenzofuran (HxCDF) ../0,1

2,3,4,6,7,8/Hexachlorodibenzofuran (HxCDF) ../0,1

1,2,3,4,6,7,8/Heptaclodibenzofuran (HpCDF). /0,01

1,2,3,4,7,8,9/Heptaclodibenzofuran (HpCDF). /0,01

Octaclodibenzofuran (OCDF)/0.001

ATTACHED 2

Determining the emission limit values

and reference for waste co-incineration

hazardous

The limit or reference value for each relevant pollutant and for the carbon monoxide in the exhaust gases from the co-incineration of hazardous waste shall be calculated as follows:

V x C + V x C

= C

V + V

V: the volume of exhaust gases from the incineration of hazardous waste determined solely on the basis of the waste with the lowest specific calorific value in the authorisation referred to in paragraph 1 of Article 13.

If the heat emission resulting from the incineration of hazardous waste is less than 10 per 100 of the total heat emitted at the installation, the V shall be calculated from the (theoretical) quantity of waste which, when incinerated, produce a heat emission equal to 10 per 100, with the total heat emission being fixed.

C: emission limit values set for installations intended to incinerate only hazardous waste (at least the emission limit values and the reference value for pollutants and carbon monoxide, as set out in Annex 1 and in Article 7 (4).

V: 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 hazardous waste), as determined by the oxygen content in which the 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 injection of the innate air for the process. Article 13 (1) indicates the other conditions to which the results of the measurements should be referred.

C: limit values for the emission of relevant pollutants and carbon monoxide in the exit ranges of installations which comply with the national laws, regulations and administrative provisions applicable to such provisions. installations, when they burn the authorised fuels normally (excluding hazardous waste). In the absence of such measures, the emission limit values laid down in the authorisation shall be used. In the absence of authorisation the values corresponding to the actual mass concentrations shall be used.

C: Total emission limit value or reference value

total CO and the relevant pollutants, which replace the emission limit values and the reference value referred to in Article 7 (4) and Annex 1. The total oxygen content to be substituted for the oxygen content for the standardisation provided for in Articles 7 and 8 and Annex 1 shall be calculated in accordance with the above content, with due respect for the partial volumes.

No account will be taken of pollutants and CO that are not directly generated as a result of the combustion of hazardous waste or the combustion of fuels (for example, from materials needed for the production or products), as well as the CO that is generated directly in this combustion, if:

Higher concentrations of CO in the combustion gases are necessary for the production process, and

C (as defined above) is respected for dioxins and furans.

In any case, given the authorised hazardous waste which can be co-initiated, the total emission limit value must be calculated in such a way as to reduce emissions in the environment to the maximum.

ATTACHED 3

Measurement Techniques

1. Measurements for the determination of concentrations of air pollutants in the ducts carrying gases 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, prepared on the basis of the orders made by the Commission. While the preparation of these CEN standards is expected, the national ones will be used.

3. The monitoring procedure for dioxins and furans may be used only if the limit of detection for sampling and the analysis of each of them is so low that it allows for significant results in terms of equivalent toxicity.

4. The values of the 95 per 100 confidence intervals determined in the emission limit values shall not exceed the following percentages of the emission limit values:

Carbon monoxide (paragraph 4 (a) of Article 7): 10 per 100.

Sulphur dioxide (paragraph 1 (a) of Annex 1): 20 per 100.

Total particles [paragraph 1 (a) of Annex 1]: 30 per 100.

Total organic carbon (paragraph 2 (a) of Annex 1): 30 per 100.

Hydrogen Chloride [paragraph 3 (a) of Annex 1]: 40 per 100.