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Real Decree 815/2013, 18 October, Which Approves The Regulation Of Industrial Emissions And Development Of Law 16/2002, Of July 1, Integrated Pollution Prevention And Control.

Original Language Title: Real Decreto 815/2013, de 18 de octubre, por el que se aprueba el Reglamento de emisiones industriales y de desarrollo de la Ley 16/2002, de 1 de julio, de prevenciĆ³n y control integrados de la contaminaciĆ³n.

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TEXT

I

Council Directive 96 /61/EC of 24 September on the prevention and integrated control of pollution, which was subsequently repealed by Directive 2008 /1/EC of the European Parliament and of the Council of 15 January 2002 on the 2008, on integrated pollution prevention and control, introduced an inclusive concept of the environmental vision as well as the need to obtain a written permission (integrated environmental authorisation) to be granted in a way coordinated when several competent authorities are involved in the procedure.

This Directive created a new environmental intervention figure, the integrated environmental authorisation, in which all the environmental conditions to be met by the activity concerned, including the fixing of the the emission limit values for air, water, waste and soil pollutants. Improves the integrated pollution control and forecasting system by reviewing the integrated environmental authorisation regime in order to reduce unnecessary administrative burdens with the aim of responding to the need for improvements of public and environmental health while ensuring, at the same time, profitability, and fostering technical innovation.

This Community standard has been repealed by Directive 2010 /75/EU of the European Parliament and of the Council of 24 November on industrial emissions (integrated pollution prevention and control), which it reviews the legislation on industrial installations in order to simplify and clarify the existing provisions as a result of which: Council Directive 78 /176/EEC of 20 February 1978 on waste from the industry of the Titanium dioxide; Council Directive 82/883/EEC of 3 December 1982 on the approximation of the laws of the Member States the arrangements for the supervision and control of the means affected by the waste from the titanium dioxide industry; Council Directive 92/112/EEC of 15 December 1992 laying down the arrangements for the harmonization of reduction programmes, with a view to the abolition, of the pollution caused by waste from the titanium dioxide industry; Council Directive 1999 /13/EC of 11 March 1999 on the limitation of emissions of compounds volatile organic substances due to the use of organic solvents in certain activities and installations; Directive 2000 /76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste; Directive 2001 /80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of waste emissions into the atmosphere of certain pollutants from large combustion plants; and, finally, Directive 2008 /1/EC of the European Parliament and of the Council of 15 January 2008 on prevention and control integrated pollution.

The transposition of the basic provisions of this Directive has been carried out by means of the Act of 11 June of 11 June amending Law 16/2002 of 1 July on integrated prevention and control of the pollution and Law 22/2011 of 28 July, of contaminated waste and soils, while the precepts of a marked technical nature and the development of Annex 1 to Law 16/2002 of 1 July have been incorporated into the Regulation by which it is approves this royal decree which contains a number of new developments which are explained below.

II

The Royal Decree contains a single article by which the Industrial Emissions Regulation is adopted, and the development of Law 16/2002, of July 1, of integrated prevention and control of pollution (henceforth, industrial emissions regulation), two additional provisions: the first on the containment of public expenditure, and the second on the rules of procedure applicable, and a single transitional provision for certain activities industrial.

Contains a unique derogation provision that comes to repeal Royal Decree 653/2003 of 30 May on the incineration of waste; and Royal Decree 509/2007 of 20 April, approving the Regulation for the development of the and the implementation of Law 16/2002 of 1 July on integrated pollution prevention and control.

It also contains eight final provisions. The final provision first amends Decree 833/1975 of 6 February, which develops Law 38/1972 of 22 December of the protection of the atmospheric environment, delimiting the legal effectiveness of Annex IV thereto.

The second final provision amends Royal Decree 117/2003 of 31 January on the limitation of emissions of volatile organic compounds due to the use of solvents in certain activities. However, it should be borne in mind that Articles 58, 59, 63 and Annex VII of the Emissions Directive are already incorporated in the actual decree mentioned, and therefore their transposition has not been deemed necessary.

The third final provision amends Royal Decree 430/2004 of 12 March establishing new rules on the limitation of emissions into the atmosphere of certain pollutants from large combustion plants, and certain conditions are set for the control of emissions into the atmosphere of oil refineries

The fourth final provision amends Royal Decree 508/2007 of 20 April, which regulates the provision of information on emissions from the E-PRTR Regulation and integrated environmental authorisations, in terms of sets the Annex 5.

The fifth final disposition sets the title of competence.

Final disposition sixth, sets regulatory enablement.

The seventh final provision provides for the incorporation of Community law and finally, the eighth final provision orders the entry into force of the rule the day after its publication in the "Official State Gazette".

The industrial emissions regulation contains six chapters and four years. Chapter I sets out the general provisions, such as the subject matter and scope, definitions, promotion of emerging techniques, electronic processing and the applicable sanctioning regime.

Chapter II has been organised in three sections: the first section on the common principles of integrated environmental authorisation procedures, the second section of the simplified amendment procedure substantial and revision of the integrated environmental authorisation, and the third section for coordination with environmental impact assessment procedures and other means of administrative intervention for state competition.

Section 1 sets out the scope of the integrated environmental authorisation, establishing as a novelty that the same authorisation includes activities listed in Annex 1 and those related to certain other related activities requirements, it also provides for the possibility for emission limit values to be global for pollutants generated by various industrial activities that are developed in a facility. Another novelty is that the authorisation may be valid for several installations or parts of an installation operated by different operators. It also establishes the content of the Town Council's urban report, the application to be submitted by the holder and the integrated environmental authorization. With regard to the content of both the application and the authorization, as a novelty, the need to identify each of the emission sources of air pollutants is established. The aim is to ensure that all potentially polluting activities in the atmosphere included in the integrated environmental authorisation are carried out.

Section 1 continues with an express reference to the processing of the environmental authorization and the communications to be carried out to the basin agency when the operation of the installation involves discharges into the inland waters of basins managed by the General Administration of the State.

On the other hand, as has been done since the transposition of Directive 2006 /123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market, in order to reduce the The Commission has also called on the Member States to take account of the need to ensure that they are in a position to take account of the situation in the Member States and to ensure that they are implemented. prevention and control of pollution. In this sense, and without prejudice to what the autonomous communities have, once the integrated environmental authorization is granted, a period of five years is established for the beginning of the activity, and the responsible declaration is sufficient. indicating the date and the fulfilment of the conditions laid down in the authorisation, without prejudice to its subsequent inspection by the competent authority in accordance with the terms set out in Chapter III. This section ends with the assumptions and conditions in which the temporary cessation, the novelty introduced in the regulation, and the closure of the facility may occur.

Section 2. regulates the simplified procedure for substantial modification of the integrated environmental authorisation and the procedure for reviewing it. The first, it lays down the criteria which may give rise to substantial modification, the minimum content of the application and the substantive amendment procedure, the resolution of which must be given within the maximum period of six months, It is understood that the same has elapsed. The review must be carried out by the competent authority, who will ask the bodies to decide on the different environmental matters the documentation to be submitted by the holder, in order to Regulated procedure for substantial modification.

Section 3 regulates the coordination of the integrated environmental authorization procedure in facilities requiring environmental impact assessment and other means of administrative intervention of state competition, in The case shall be the substantive body that carries out the public information jointly for the integrated environmental authorisation, the environmental impact assessment and the substantive authorisation.

Chapter III contains the regulation of inspection and control of industrial installations. In accordance with Article 29 of Law 16/2002 of 1 July, the bodies responsible for carrying out the inspection tasks shall have an environmental inspection system and all facilities shall be covered by a plan and programme, reviewed regularly. The environmental inspector, a public official with the status of authority, may be accompanied by technical advisors to carry out the inspection tasks. The result of the on-site visit shall also be recorded in a report. The chapter ends with the provisional measures that come in the event of a serious risk to human health or the environment.

Chapter IV sets out the special provisions for incineration and waste co-incineration plants, incorporating the Industrial Emissions Directive. This chapter lays down the scope, the authorisation system to which they are subject, the content of the application for authorisation, the content of the authorisations for such facilities, how delivery should be carried out and the reception of waste, the conditions of design, equipment, construction and operation of the facility, the necessary authorisation to change the operating conditions, the emission limit values for the atmosphere and the waters, the waste from the incineration, the periodicity of the measurements to the atmosphere and the water, the conditions abnormal functioning, verification of the energy efficiency value of household waste incineration plants, and, finally, the submission of reports and information to the public in this type of facility.

Chapter V regulates the special provisions for large combustion plants, incorporating the Industrial Emissions Directive. Thus, it lays down the scope, the rules of addition, the emission limit values, the desulphurisation rate, the transitional national plan, the limited-life exemption, the small isolated networks, the heating installations urban, geological storage of carbon dioxide, procedures relating to the malfunction or breakdown of the reduction equipment, control of emissions to the atmosphere, compliance with emission limit values, installations combustion with a mixed boiler, and finally the communication of information to the Commission European.

Chapter VI sets out the special provisions for titanium dioxide production facilities, it also incorporates the Industrial Emissions Directive, regulating the scope of application, the prohibition of waste disposal, control of emissions to water, the prevention and control of emissions into the atmosphere and, finally, control of emissions.

As far as the years are concerned, the Annex 1 develops the type of industrial and industrial installations with a greater degree of detail to the regulation provided for in Annex 1 of Law 16/2002 of 1 July, to this end they have been taken into account, Among other criteria, the Reference Documents of the Best Available Techniques (BREF ' s) developed for the different groups of industrial activities by the European IPPC Bureau (EIPPCB).

The years 2, 3 and 4, respectively, lay down the technical provisions to be taken into account for waste incineration and co-incineration plants, large combustion plants and installations. which produce titanium dioxide.

III

This royal decree is issued in accordance with the provisions of the fourth final provision of Law 16/2002 of 1 July, which empowers the Government to issue, in the field of its powers, the necessary provisions for its development and application.

This rule has the legal nature of basic legislation in accordance with the provisions of Article 149.1.23. of the Constitution in so far as it is a necessary complement to ensure the common minimum. (a) regulatory framework for the protection of the environment while ensuring a framework for coordination in economic planning throughout the national territory.

The elaboration of this royal decree has been carried out with the participation and consultation of the autonomous communities, the Spanish Federation of Municipalities and Provinces and the Advisory Council for the Environment, having been consulted sectors concerned, and with the information and participation of the general public through telematic means.

In its virtue, on the proposal of the Minister of Agriculture, Food and Environment, with the prior approval of the Minister of Finance and Public Administrations, according to the State Council and prior deliberation of the Council of Ministers at its meeting on 18 October 2013,

DISPONGO:

Single item. Adoption of the Regulation.

The Industrial Emissions Regulation, and the development of Law 16/2002, of July 1, of integrated pollution prevention and control, the text of which is included below.

Additional disposition first. Human resources needs.

The application of this regulation will not imply any increase in expenditure for the competent public administrations. The new human resources needs which may arise as a result of the regulatory obligations referred to in this Regulation should be met by reordering or redistributing the staff.

Additional provision second. Procedural rules.

In all those aspects not covered by this regulation, the Public Administrations procedure will be in accordance with the provisions of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Single transient arrangement. Transient application.

1. In relation to installations carrying out the activities referred to in Annex 1, in point 1.1 for activities with a rated thermal input of more than 50 MW, points 1.2 and 1.3, point 1.4.a), points 2.1 to 2.6, the point 3.1. (a) and (b) points 3.2 to 3.5, points 4.1 to 4.6 for activities relating to production by chemical processes, points 5.1 and 5.2 for activities covered by Directive 2008 /1/EC of the European Parliament and of the Council of 15 January 2008, on the integrated prevention and control of pollution, point 5.3.a) and b), points 5.5, 6.1, 6.2, points 7.1, 8.1, 9.1.a), 9.1.b) for the activities covered by Directive 2008 /1/EC, point 9.1.c) and points 9.2, 9.3, 10.1, 11.1 and 14.1, which are in operation and have an authorisation from before 7 January 2013 or for which the the holder has submitted a complete application for authorisation before that date, provided that these facilities are operational by 7 January 2014 at the latest, the competent bodies shall apply the laws, regulations and regulations. and administrative authorities adopted in accordance with this Standard, with the exception of Chapter V and Annex 3, as from 7 January 2014.

2. In relation to installations carrying out the activities referred to in Annex 1, in point 1.1 for activities with a rated thermal input of 50 MW, point 1.4.b), point 3.1.c), points 4.1 to 4.6 for the activities referred to in Annex 1. activities related to production by biological processes, points 5.1 and 5.2 for activities not covered by Directive 2008 /1/EC, point 5.3.c), (d) and (e), point 5.4, points 5.6 and 5.7, point 6.3, point 9.1.b) for activities not covered by Directive 2008 /1/EC and points 12.1 and 13.1 which are on the holding before 7 January 2013, competent bodies shall apply the laws, regulations and administrative provisions adopted in accordance with this Regulation from 7 July 2015, with the exception of Chapters IV and V and Annex 2 and 3.

3. In relation to the combustion plants referred to in Article 44.2, the competent bodies shall, as from 1 January 2016, apply the regulatory provisions adopted in accordance with this Regulation in order to comply with this Regulation. Chapter V and Annex 3.

4. In relation to the combustion plants which coincide with the waste of Annex 2, Part 4, point 3.1, it shall apply:

(a) Until 31 December 2015, to the combustion plants referred to in Article 44.2.

(b) From the entry into force of this Regulation, to the combustion plants referred to in Article 44.3.

5. In relation to the combustion plants which coincide with the waste of Annex 2, Part 4, point 3.2, it shall apply:

(a) From 1 January 2016, to the combustion plants referred to in Article 44.2.

(b) From the entry into force of this Regulation, to the combustion plants referred to in Article 44.3.

Single repeal provision. Regulatory repeal.

The following provisions are repealed:

(a) Royal Decree 653/2003 of 30 May 2003 on the incineration of waste.

b) Royal Decree 509/2007 of 20 April, approving the Regulation for the development of Law 16/2002, of July 1, of integrated prevention and control of pollution.

Final disposition first. Amendment of Decree 833/1975 of 6 February, which develops Law 38/1972, of 22 December, of protection of the atmospheric environment.

Decree 833/1975 of 6 February, which develops Law 38/1972 of 22 December, of protection of the atmospheric environment, is amended by adding the following additional provision with the following wording:

" Single additional disposition. Legal effectiveness of Annex IV.

The legal effectiveness of Annex IV will be that laid down in the single repeal provision of Royal Decree 100/2011 of 28 January, which updates the catalogue of potentially polluting activities in the atmosphere and the basic provisions for their implementation are laid down. Annex IV shall also not apply to industrial activities which are included in Annex 1 to Law 16/2002 of 1 July, which shall be governed by the provisions of that Law and by the Regulation on industrial and development emissions. of Law 16/2002, of July 1, of integrated prevention and control of pollution approved by Royal Decree 815/2013, of October 18. "

Final disposition second. Amendment of Royal Decree 117/2003 of 31 January on the limitation of emissions of volatile organic compounds due to the use of solvents in certain activities.

Royal Decree 117/2003 of 31 January on the limitation of emissions of volatile organic compounds due to the use of solvents in certain activities is worded as follows:

One. The definition of "Existing installation" of Article 2 is amended as follows:

"Existing installation" means any installation in operation on 29 March 1999, or to which an authorisation has been granted or has been registered before 1 April 2001 or for which the holder of the authorisation has been granted submitted a complete application for authorisation before 1 April 2001, provided that such installation had been put into operation by 1 April 2002 at the latest. "

Two. Article 8 is worded as follows:

" Article 8. Public access to information.

1. The autonomous communities shall make available to the public, in particular through the Internet, in relation to the facilities in which activities covered by this royal decree are developed, the following information:

a) The name and address of the installation.

b) Activities regulated by the present royal decree which are developed in it, and the capacity of solvent consumption.

(c) Authorisation of the installation provided for in Law 16/2002 of 1 July of integrated pollution prevention and control or Law 34/2007 of 15 November of air quality and protection of the atmosphere.

(d) Results of the measurements for the control of the emissions required by Article 6, which are held by the competent body.

2. The above paragraph shall apply in accordance with Law 27/2006 of 18 July on the rights of access to information, public participation and access to justice in the field of the environment. "

Three. Part A of Annex II is amended as follows:

" A) Consumption thresholds and emission limits.

The emission limit values expressed as concentrations or emission levels shall be understood as referring to normal conditions and dry gas. "

Final disposition third. Amendment of Royal Decree 430/2004 of 12 March establishing new rules on the limitation of emissions of certain pollutants into the air from large combustion plants and fixing certain conditions for the control of emissions into the atmosphere of oil refineries.

A paragraph 3 is added to Article 2 of Royal Decree 430/2004 of 12 March laying down new rules on the limitation of emissions into the air of certain pollutants from large combustion plants, and certain conditions for the control of emissions to the atmosphere of oil refineries are set, with the following wording:

" 3. This royal decree will not apply to combustion plants as referred to in Article 44.3 of the Industrial Emissions and Development Regulation of Law 16/2002 of 1 July, of integrated pollution prevention and control, approved by Royal Decree 815/2013 of 18 October. '

Final disposition fourth. Amendment of Royal Decree 508/2007 of 20 April 2007 regulating the provision of information on emissions from the E-PRTR Regulation and integrated environmental authorisations.

Annex 1 to Royal Decree 508/2007 of 20 April 2007 governing the provision of information on emissions from the E-PRTR Regulation and integrated environmental authorisations is amended in the terms it sets out Annex 5.

Final disposition fifth. Competence title.

This royal decree has the character of basic environmental protection legislation, without prejudice to the powers of the autonomous communities to establish additional standards of protection, in accordance with the Article 149.1.23. of the Spanish Constitution.

Final disposition sixth. Regulatory enablement.

The Minister for Agriculture, Food and the Environment and the Minister for Industry, Energy and Tourism are hereby authorised to issue a number of technical provisions in the field of their respective powers. necessary for its correct application and in particular to amend the annexes in accordance with Community legislation.

Final disposition seventh. Incorporation of Community law.

By this Regulation, Directive 2010 /75/EU, of the European Parliament and of the Council of 24 November on industrial emissions (integrated prevention and control of the environment) is partially incorporated into national law. pollution). In particular, this rule has transposed the following Articles: Article 3 (23), (24), (25), (26), (27), (28), (30), (31), (33), (34), (35), (36), (37), (38), (40), (41), (42), (43) and (44), Article 3 (3), Article 10, Article 16, Article 23, Article 27 28, Article 29, Article 30, Article 31, Article 32, Article 33, Article 34, Article 35, Article 36, Article 37, Article 38, Article 39, Article 40, Article 42, Article 43, Article 44, Article 45, Article 46, Article 47, Article 48, Article 49, Article 50, Article 51, Article 52, Article 53, Article 54, Article 55, Article 57.1, Article 66, Article 67, Article 68, Article 69, Article 70, Article 71, Article 82 (3), (4), (5) and (6); this Regulation also transpose Annexes V, VI and VIII to that Directive.

Final disposition octave. Entry into force.

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

Given in Madrid, 18 October 2013.

JOHN CARLOS R.

The Minister of Agriculture, Food and the Environment,

MIGUEL ARIAS CANETE

INDUSTRIAL EMISSIONS REGULATION, AND THE DEVELOPMENT OF LAW 16/2002, OF JULY 1, OF INTEGRATED POLLUTION PREVENTION AND CONTROL

Chapter I. General provisions.

Article 1. Object and scope of application.

Article 2. Definitions.

Article 3. Emerging techniques.

Article 4. Electronic processing.

Article 5. Sanctioning regime.

Chapter II. Integrated environmental authorization.

Section 1. Common Principles of Integrated Environmental Authorization Procedures.

Article 6. Scope of the integrated environmental authorisation.

Article 7. Town Town Planning Report.

Article 8. Content of the application for integrated environmental authorisation

Article 9. Processing of the integrated environmental authorisation when the operation of the facility involves discharging into the inland waters of basins managed by the General Administration of the State.

Article 10. Content of the integrated environmental authorisation

Article 11. Communication of the integrated environmental authorisation to the basin body.

Article 12. Start of the activity.

Article 13. Temporary cessation of installation activity and closure.

Section 2. A simplified procedure for substantial modification and revision of integrated environmental authorization.

Article 14. Substantial modification criteria.

Article 15. Simplified procedure for substantial modification of the authorization.

Article 16. Procedure for the review of integrated environmental authorisation.

Section 3. Coordination with environmental impact assessment procedures and other means of administrative intervention of state competence.

Article 17. Scope of the coordination procedure.

Article 18. Submission of requests.

Article 19. Joint process of public information and consultation with the Public Administrations.

Article 20. Formulation of the environmental impact statement.

Chapter III. Inspection and control.

Article 21. Environmental inspection systems.

Article 22. Environmental inspection work.

Article 23. Environmental inspection planning.

Article 24. Documentation of the inspector's work, its notification and publicity.

Article 25. Provisional measures.

Chapter IV. Special provisions for waste incineration and co-incineration plants.

Article 26. Scope of application.

Article 27. Authorization of the facilities.

Article 28. Request for authorization.

Article 29. Content of the authorizations.

Article 30. Delivery and receipt of waste.

Article 31. Conditions of design, equipment, construction and operation.

Article 32. Authorisation to change the operating conditions.

Article 33. Emission limit values to the atmosphere.

Article 34. Emission limit values for water.

Article 35. Waste from incineration.

Article 36. Measurements.

Article 37. Frequency of measurements to the atmosphere and compliance with emission limit values.

Article 38. Frequency of measurements of emissions to water and compliance with emission limit values.

Article 39. Abnormal operating conditions.

Article 40. Verification of the energy efficiency value of household waste incineration plants.

Article 41. Submission of reports and information to the public on waste incineration and co-incineration plants.

Chapter V. Special provisions for large combustion plants.

Article 42. Scope of application.

Article 43. Add rules.

Article 44. Emission limit values.

Article 45. Index of desulphurisation.

Article 46. Transitional national plan.

Article 47. Limited lifetime exemption.

Article 48. Small isolated networks.

Article 49. District heating installations.

Article 50. Geological storage of carbon dioxide.

Article 51. Procedures for the malfunction or failure of the emission reduction equipment.

Article 52. Control of emissions into the atmosphere.

Article 53. Compliance with the emission limit values.

Article 54. Combustion plants with mixed boiler.

Article 55. Communication of information to the European Commission.

Chapter VI. Special provisions for the production facilities of titanium dioxide.

Article 56. Scope of application.

Article 57. Prohibition of the disposal of waste.

Article 58. Control of emissions to water.

Article 59. Prevention and control of emissions into the atmosphere.

Article 60. Control of emissions.

Annex 1. Categories of activities and facilities referred to in Article 2 of Law 16/2002 of 1 July on integrated pollution prevention and control.

Annex 2. Technical provisions for incineration or co-incineration plants.

Part 1. Equivalence factors for dibenzo-para-dioxins and dibenzofurans.

Part 2. Determination of emission limit values to the atmosphere for the co-incineration of waste.

Part 3. Measurement techniques.

Part 4. Emission limit values for discharges of waste water from the purification of exhaust gases.

Part 5. Emission limit values for the atmosphere for waste incineration plants.

Part 6. Formula for calculating the corrected concentration of pollutant emissions according to the oxygen content, in accordance with Article 37.

Annex 3. Technical provisions for large combustion plants.

Part 1. Emission limit values for the combustion plants referred to in Article 44.2.

Part 2. emission limit values for combustion plants referred to in Article 44.3.

Part 3. Control of emissions.

Part 4. Assessment of compliance with emission limit values.

Part 5. Minimum rate of desulphurisation.

Part 6. Compliance with the desulphurisation index.

Part 7. Average emission limit values for combustion plants equipped with mixed boiler located in a refinery.

Annex 4. Technical provisions with regard to installations producing titanium dioxide.

Part 1. Emission limit values for discharges into water

Part 2. Air emission limit values

Part 3. Emission control

CHAPTER I

General provisions

Article 1. Object and scope of application.

1. This Regulation aims to develop and implement the Law 16/2002 of 1 July on integrated pollution prevention and control, as well as to establish the legal regime applicable to industrial emissions in order to achieve a high environmental protection as a whole. It also lays down rules to prevent and, where this is not possible, to reduce pollution caused by the facilities of Annex 1, in particular incineration and co-incineration of waste, the large combustion plants. and installations producing titanium dioxide.

2. This Regulation shall apply to installations of public or private ownership in which one of the industrial activities falling within the categories listed in Annex 1 is developed and which, where appropriate, reaches the capacity thresholds established therein, with the exception of installations or parts thereof used for the research, development and experimentation of new products and processes.

Article 2. Definitions.

For the purposes of this Regulation:

1. 'Poultry' means poultry as defined in Article 2.4 of Royal Decree 1888/2000 of 22 November 2000 laying down animal health conditions applicable to Community trade and imports of poultry from the Poultry and hatching eggs from third countries.

2. 'Biomass' means any of the following products:

(a) Products composed of a plant material of agricultural or forestry origin that can be used as fuel to enhance their energy content.

b) The following wastes:

1. Agricultural and forestry plant waste;

2. Plant residues from the food processing industry, if the heat generated is recovered;

3. Fibrous Vegetable residues from the production of virgin pulp and paper production from pulp, if they are matched in the place of production and the heat generated is recovered;

4. cork residue; and

5. wood waste, with the exception of those that may contain organohalogenated compounds or heavy metals as a result of some type of treatment with wood or coating protective substances and which includes, in particular, wood waste from construction waste and thrips.

3. 'rated capacity of an incineration or co-incineration plant' means 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 incineration plant waste or waste co-incineration plant specified by the manufacturer and confirmed by the operator, taking due account in particular of the calorific value of the waste, which must be expressed in both mass flows referred to waste, as in energy flows.

4. 'Chimney' means a structure containing one or more exits of smoke which act as conduits for the waste gases in order to expel them into the atmosphere.

5. 'Fuel' means any solid, liquid or gaseous fuel.

6. 'determining fuel in a combustion plant' means the fuel which, in accordance with Annex 3, Part 1, has the highest emission limit value or, in the case of different fuels having the same emission limit value, whichever is the highest thermal power, among all fuels used in a combustion plant equipped with a mixed boiler, using the distillation and conversion residues of the oil refining, alone or with other fuels.

7. 'National solid fuel' means the natural solid fuel used in a combustion plant specially designed for that fuel, which is extracted and used locally.

8. 'Organic compound' means any compound containing at least the carbon element and one or more of the following: hydrogen, halogens, oxygen, sulphur, phosphorus, silicon or nitrogen, other than carbon oxides and inorganic carbonates and bicarbonates.

9. 'Dioxins and furans' means all polychlorinated dibenzoparadioxins and dibenzofurans listed in Annex 2, Part 1

10. 'waste manager' means any person or entity, whether public or private, as defined in the terms of Article 3 (n) of Law 22/2011, of 28 July, of contaminated waste and soil.

11. 'Hours of operation of a combustion plant' means the time, expressed in hours, during which a combustion plant, as a whole or in part, operates and releases emissions into the atmosphere, except for the periods of start and stop.

12. 'Index of desulphurisation of a combustion plant' means the proportion, over a given period, between the amount of sulphur not emitted into the atmosphere by a combustion plant and the amount of sulphur contained in the solid fuel which is introduced into combustion plants and used there for the same period of time.

13. 'Environmental inspectors': officials of the administration with environmental powers that carry out environmental inspections. In the exercise of their duties they shall enjoy the status of officers of the authority.

14. 'Waste co-incineration plant' means any fixed or mobile installation whose main purpose is the generation of energy or the manufacture of material products and which either uses waste as a regular or complementary fuel; or the waste is treated as heat treatment for disposal by the incineration by oxidation of the waste, as well as by other heat treatment processes, if the substances resulting from the treatment are then incinerated, such as pyrolysis, gasification and plasma process.

15. 'Combustion plant' means any technical device in which combustible products are oxidized in order to use the heat thus produced.

16. 'Combustion plant with mixed boiler' means any combustion plant that can be simultaneously or alternatively fuelled with two or more types of fuel.

17. "Waste Incineration Plant" means any technical unit or equipment, fixed or mobile, dedicated to the heat treatment of waste with or without recovery from the heat produced by combustion; by incineration by oxidation of waste; as other heat treatment processes, if the substances resulting from the treatment are then incinerated, such as pyrolysis, gasification and plasma processing.

18. 'Existing waste incineration plant' means any of the following waste incineration plants:

(a) Those which were in operation and which had an authorisation in accordance with the Community legislation applicable before 28 December 2002;

(b) those which were authorised or registered for the purposes of incineration of waste and had an authorisation granted before 28 December 2002 in accordance with the applicable Community legislation, provided that the installation would have been put into operation by 28 December 2003 at the latest, and

(c) which, in the opinion of the competent authority, had submitted the full application for authorisation before 28 December 2002, provided that the installation had been put into operation by 28 December 2002 at the latest. December 2004.

19. 'New waste incineration plant' means any waste incineration plant not referred to in paragraph 18 of this Article.

20. 'Diesel engine' means an internal combustion engine that operates by applying the diesel cycle and uses compression ignition to burn fuel.

21. 'Gas engine' means an internal combustion engine that operates by applying the Otto cycle and uses spark-ignition or, in the case of two-fuel engines, compression-ignition to burn fuel.

22. 'Small isolated network' means any network which has a consumption of less than 3,000 GWh in 1996 and which obtains less than 5% of its annual consumption by interconnection with other networks.

23. 'Environmental inspection plan' means the set of objectives and actions defined by the inspection authorities over a given period of time in order to ensure compliance with the environmental conditions laid down by the applicable environmental legislation.

24. 'Coating' means a coating as defined in Article 2 of Royal Decree 117/2003 of 31 January on the limitation of emissions of volatile organic compounds due to the use of solvents in certain activities.

25. 'residue' means any waste as defined in Article 3 (a) of Law 22/2011 of 28 July 2011.

26. 'mixed household waste' means household waste as defined in Article 3 (b) of Law 22/2011 of 28 July, excluding fractions which are separately collected as referred to in Item 20 01 of the Annex to the Decision 2000 /532/EC of 3 May 2000 establishing a list of waste in accordance with Article 1 (a) of Council Directive 75 /442/EEC on waste and hazardous waste and the exclusion of other waste referred to in Item 20 02 of that Annex.

27. 'Incineration waste' means any liquid or solid waste generated by a waste incineration plant or a waste co-incineration plant.

28. 'hazardous waste' means any hazardous waste, as defined in Article 3.e) of Law 22/2011, of 28 July.

29. 'Environmental inspection system' means a sufficient and adequate set of personal and material means dependent on the competent bodies to carry out the control and inspection tasks effectively, as well as the exercise of the authority sanctioning to ensure an adequate level of environmental compliance verification, as provided for in Article 29 of Law 16/2002 of 1 July.

30. 'Gas Turbine' means any rotating machine that converts thermal energy into mechanical work, consisting primarily of a compressor, a thermal device in which the fuel is oxidized to heat the engine fluid and a turbine.

Article 3. Emerging techniques.

Public Administrations, in the field of their competences, where appropriate, shall encourage the development and implementation of emerging techniques, in particular those referred to in the best technical reference documents available (BAT).

Article 4. Electronic processing.

The processing of the reporting obligations and the procedures resulting from this standard will be boosted by electronic means. Public Administrations will promote the provision of the means necessary to make this path effective.

Article 5. Sanctioning regime.

Failure to comply with the provisions contained in this regulation shall be sanctioned in accordance with the provisions of Title IV of Law 16/2002 of 1 July.

CHAPTER II

Integrated environmental authorization

Section 1. Common Principles of Integrated Environmental Authorization Procedures

Article 6. Scope of the integrated environmental authorisation.

1. The integrated environmental authorisation shall include all the activities listed in Annex 1 to the installation, and those other activities that meet the following requirements:

a) That are developed at the site of the site of the installation that performs an activity in Annex 1,

(b) which have a technical relationship with the activity of Annex 1, and

(c) which may have an impact on the emissions and the contamination to be caused.

2. Where an integrated environmental authorisation is valid for several installations or parts of an installation operated by different operators, the scope of the responsibility of each of them shall be defined in the authorisation. Such liability shall be in solidarity unless the parties agree otherwise.

3. If several processes or activities potentially polluting the atmosphere are included in the integrated environmental authorization, a virtual focus may be considered, a weighted sum of all the atmospheric foci, which allows to establish global emission limit values for each of the pollutants generated, provided that an environmental protection level equivalent to the use of individual emission limit values is ensured.

Article 7. Town Town Planning Report.

1. The urban report regulated in Article 15 of Law 16/2002, of July 1, is independent of the license of works or any other means of intervention demanded by the City Council.

2. The questions to be assessed shall cover exclusively the conformity of the project with the applicable urban planning rules in relation to the parcel in which the installation is or is to be located at the time of the application.

Article 8. Content of the application for the integrated environmental authorisation.

1. For the purposes of Article 12.1 of Law 16/2002 of 1 July, the application for the integrated environmental authorisation shall include:

(a) The identity of the owner of the installation, as defined in Article 3.7 of Law 16/2002, of 1 July.

b) The identification of each of the air pollutant emission sources, in accordance with the catalogue of potentially polluting activities in the atmosphere set out in Annex IV of Law 34/2007, of 15 December November, air quality and protection of the atmosphere.

(c) The technical documentation necessary to be able to determine the measures relating to operating conditions in situations other than normal which may affect the environment, as provided for in Article 22.1.f) of the Law 16/2002, July 1.

2. Where the application for authorisation comprises several installations or parts of an installation with different operators, except where the representative is indicated, the administrative action shall be carried out with the holder who has submitted the request.

Article 9. Processing of the integrated environmental authorisation when the operation of the installation involves the discharge into the inland waters of basins managed by the General Administration of the State.

1. Where the operation of the plant involves discharges into the inland waters of basins managed by the General Administration of the State, the holder shall submit to the competent authority to grant the authorization. integrated environmental documentation required by the water legislation for the authorisation of discharges into inland waters.

This will use the official models established by the Ministerial Order approved by the Minister of Agriculture, Food and the Environment.

2. Where the competent authority has received the documentation referred to in the previous paragraph, it shall forward it to the basin body within five days, so that within 10 days of the entry of the documentation in its register, it shall inform the on whether it should be completed, continuing the actions otherwise.

3. The competent authority shall, after examination of the remainder of the documentation submitted by the holder and received the earlier report, require the holder of the facility within five days to submit, where appropriate, the failure to comply with the mandatory documentation within ten days, indicating that if you do not do so, you will have to be withdrawn from your request.

4. Submitted the complete documentation, the competent body:

(a) Submit it to public information for a minimum period of 20 days and a maximum of thirty days, and

(b) shall forward it to the basin body for the purpose of drawing up the report referred to in Article 19 of Law 16/2002 of 1 July. The report shall contain at least the ends required for discharge authorisations in Articles 251 and 259 of the Hydraulic Public Domain Regulation as approved by Royal Decree 849/1986 of 11 April.

This report shall not be required when the holder declares zero discharge, without prejudice to the provisions of Royal Decree 1620/2007 of 7 December establishing the legal regime for the reuse of water purged.

5. After the processing of public information is completed, the competent authority shall forward the following five days:

(a) To the City Council in whose territory the installation is located, the complete file including all the allegations and observations received, to draw up the report referred to in Article 18 of Law 16/2002, 1 of July.

(b) To the basin body, a copy of the allegations and observations received for consideration.

(c) To the other bodies which are required to report on the matters of their competence, a copy of the complete file together with the submissions and comments received.

6. The competent body, after carrying out an environmental assessment of the project as a whole, shall receive the consent of the applicant for the authorisation.

7. After the hearing is completed, the competent authority shall draw up a motion for a resolution.

If allegations have been made, they shall be transferred together with the motion for a resolution to the bodies referred to in paragraph 5, so that within a maximum of 15 days, they shall state what they deem appropriate.

8. The body responsible for granting the integrated environmental authorisation shall decide to terminate the procedure within the maximum period of nine months.

After the maximum period of nine months without any express resolution, the submitted application may be deemed to be rejected.

Article 10. Content of the integrated environmental authorisation.

1. The integrated environmental authorisation shall contain at least the requirements laid down in Article 22 of Law 16/2002 of 1 July and, where appropriate, the number of waste manager and producer for the installation or installations, or parts thereof. the installation in question and the ratio of the air emission hotspots listed in accordance with Annex IV to Law 34/2007 of 15 November.

The competent body shall take into account the energy efficiency legislation and the obligations arising from it.

2. The emission control requirements referred to in Article 22 (1) (e) of Law 16/2002 of 1 July shall be based, where appropriate, on the monitoring conclusions set out in the BAT conclusions and their frequency of measurement. it shall be fixed by the competent authority for each installation or at sectoral level in the relevant legislation applicable to each of the industrial sectors. However, periodic monitoring shall be carried out at least every five years for groundwater and every ten years for soil, unless such control is based on a systematic assessment of the risk of contamination.

The competent body shall transmit to the basin bodies, in the case of basins managed by the General Administration of the State, the results of the periodic monitoring of groundwater referred to in the preceding paragraph.

3. The competent authority shall take into account that, for installations certified by the Community environmental management and audit system (EMAS), compliance with the control obligations arising from this system may be used for the effective enforcement of the control obligations arising out of this regulation, as well as of Law 16/2002 of 1 July.

4. For installations intended for the intensive rearing of poultry or pigs under heading 9.3 of Annex 1 to Law 16/2002 of 1 July, the competent bodies may, in accordance with the provisions of Article 22 (1) (a), require replacement of emission limit values, the use of BAT to ensure an equivalent level of protection of the environment.

In addition, the competent body shall take into account animal welfare legislation when setting the conditions for integrated environmental authorisation, and where requirements on management and control are laid down therein. (a) the practical considerations of such activities, taking into account the costs and benefits of the measures to be taken.

Article 11. Communication of the integrated environmental authorisation to the basin body.

Where the integrated environmental authorisation concerns an activity involving the performance of discharges, the competent authority to grant the integrated environmental authorisation shall forward to the basin body a full copy of the resolution to cooperate in the proper maintenance and updating of the national landfill census, in accordance with the provisions of Article 254.3 of the Regulation of the Hydraulic Public Domain.

Article 12. Start of the activity.

1. Once the integrated environmental authorisation has been granted, the operator shall have a period of five years to start the activity, unless a different time limit is set in the authorisation.

2. Without prejudice to the additional environmental protection rules laid down by the autonomous communities, the plant may not commence its activity without the holder submitting a responsible declaration in accordance with Article 71a of the Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, indicating the date of commencement of the activity and the fulfilment of the conditions laid down in the authorization.

3. Once the activity has started, the competent authority shall carry out an inspection visit in accordance with the requirements laid down in Chapter III. And all without prejudice to the environmental liability of the operator that may be required under Law 27/2007 of 23 October of Environmental Liability.

Article 13. Temporary cessation of installation activity and closure.

1. The holder of the integrated environmental authorisation shall submit a communication prior to the temporary cessation of the activity to the competent authority which granted the authorisation. In case of having several authorized activities, it will indicate in which one of them occurs that one.

The duration of the temporary cessation of the activity may not exceed two years since its communication.

2. During the period in which an installation is in temporary cessation of its activity or activities, the operator shall:

(a) You must comply with the conditions set out in the applicable integrated environmental authorisation that apply to you,

(b) may resume the activity in accordance with the conditions of the authorisation upon presentation of a communication to the competent body, and

(c) may make the change of ownership of the installation or activity prior to the communication to the competent body; the new holder shall continue under the same conditions of the integrated environmental authorisation in force, so as not to will be considered as a new installation.

3. After two years from the communication of the temporary cessation without the holder having resumed the activity or activities, the competent authority shall inform him that he has one month to prove the restart of the activity. In the case of not restarting the activity, the following will proceed:

(a) If the installation takes place several activities and the temporary cessation does not affect all of them, the competent authority shall notify the holder of the modification of the integrated environmental authorisation which shall be carried out in accordance with the applicable autonomous rules. The resolution shall be notified to the basin body when the activity involves the discharge.

When the cessation of the activity results in a proven decrease in the capacity of the facility, so that it falls below the thresholds of Annex 1, it will cause the inventory of installations under Article 8.2 (a) to be lowered. Law 16/2002 of 1 July, and the competent body shall communicate it to the Ministry of Agriculture, Food and the Environment.

(b) If the installation takes place several activities and the temporary cessation affects all of them, the installation shall be closed in accordance with the provisions of the following paragraph.

4. In the event of the closure of one or more of the facilities included in the same integrated environmental authorisation, the competent authority shall carry out a verification of compliance with the conditions relating to its closure laid down in the authorisation. the minimum requirements laid down in Article 22a of Law 16/2002 of 1 July.

Where verification is positive, the competent authority shall decide to allow the installation or installation to close and to modify the integrated environmental authorisation or, where appropriate, extinguishing it.

In the case of basins managed by the General Administration of the State, the competent authority shall forward that resolution to the basin body.

5. The closure of the facility will cause a drop in the inventory of facilities regulated in Article 8.2.a) of Law 16/2002, of July 1, and the competent body will communicate it to the Ministry of Agriculture, Food and Environment.

Section 2. Simplified Procedure For Substantial Modification and Review of Integrated Environmental Authorization

Article 14. Substantial modification criteria.

1. For the purposes of Article 10 (4) of Law No 16/2002 of 1 July, a substantial modification shall be deemed to have been made when, under normal operating conditions, an unexpected change is to be introduced under normal conditions of operation. in the integrated environmental authorization originally granted, affecting the characteristics, production processes, operation or extension of the facility, which represents a higher incidence on safety, health of the persons and the environment and any of the following criteria:

(a) Any extension or modification which in itself reaches the established capacity thresholds, where these exist, in Annex 1, or if it has to be subject to the environmental impact assessment procedure according to the rules on this matter.

b) An increase of more than 50% of the production capacity of the installation in product or service units.

(c) An increase of more than 50% of the quantities authorised for the consumption of water, raw materials or energy.

(d) An increase of more than 25% of the mass emission of any of the air pollutants included in the integrated environmental authorisation or of the total atmospheric emissions produced in each of the foci emitters.

(e) an increase in the mass emission or the concentration of discharges of any of the pollutants or the discharge flow shown in the integrated environmental authorisation, as well as the introduction of new pollutants into significant amounts.

(f) The incorporation into the process of dangerous substances or preparations not provided for in the original authorisation, or the increase thereof, provided that, as a result, the report of the Commission is to be prepared or reviewed. security or emergency plans regulated by Royal Decree 1254/1999 of 16 July 1999 approving measures to control the risks inherent in major accidents involving dangerous substances.

g) An increase in the generation of hazardous waste of more than 10 tonnes per year whenever a structural modification of the process occurs and an increase of more than 25% of the total hazardous waste generated calculated on the maximum quantity of production of authorised hazardous waste.

(h) An increase in the generation of non-hazardous waste of more than 50 tonnes per year as long as it accounts for more than 50% of non-hazardous waste, including inert waste, calculated on the maximum quantity of production of approved waste.

i) The change in the operation of an incineration or co-incineration plant dedicated solely to the treatment of non-hazardous waste, which transforms it into an incineration plant or co-incineration of hazardous waste and which is included in Annex 1, heading 5.2.

j) A modification to the point of discharge that involves a change in the surface water or groundwater mass to which it was authorized.

2. The list of quantitative and qualitative criteria mentioned in the previous paragraph is not limited. In any event, the body competent to grant the integrated environmental authorisation may lay down more restrictive criteria in certain cases resulting from the specific circumstances of the amendment intended to be introduced.

3. If no substantial modifications are made in an installation prior to the update of the integrated environmental authorisation or during the period between its revisions, the sum of the following shall be considered as a substantial modification. two or more non-substantial ones that meet one of the criteria in paragraph 1.

4. If a substantial modification is requested after another or other non-substantial modification, prior to the update of the integrated environmental authorisation or during the period between its revisions, all of the above shall be examined together. Non-substantial modifications prior to the substance of the proposal. Once such an examination has been carried out, the modification of the authorisation may be carried out.

Article 15. Simplified procedure for substantial modification of the authorization.

The simplified procedure for the substantial modification provided for in Article 10.3 of Law 16/2002, of July 1, will be carried out according to the following formalities:

1. The substantial modification request shall contain at least the following documentation:

a) A basic project that includes, as appropriate:

1. The part or parts of the installation affected by the modification.

2. The environmental status of the place where the installation is located and the possible impacts that are expected with the substantial modification that is intended, covering those that may originate from ceasing the operation of the facility.

3. Measures planned to control emissions to the environment.

(b) The documentation required by the water regulations, in accordance with the provisions of Article 9 of this Regulation and in Article 12.1.c) of Law 16/2002 of 1 July.

(c) Aquella documentation containing the data to allow comparison of the performance and emissions of the facility with the emission levels associated with the best available techniques described in the conclusions on the BAT.

(d) The determination of the data which, in the opinion of the applicant, is subject to confidentiality in accordance with the rules in force.

(e) Any other information and documentation supporting compliance with the requirements set out in the applicable legislation, including, where applicable, the requirement for binding or mandatory insurance.

2. The application shall not be provided in the Town Council's urban report provided for in Article 7, unless the urban circumstances on which it was reported are varied; nor shall any other evidence-related documentation be submitted, situations and other circumstances and technical characteristics of the installation, the production process and the site of the site, which would have already been provided to the competent body on the occasion of the original application for authorisation.

3. Once the application for a substantial change has been received, the competent authority shall, where appropriate, require the holder within five days to submit the necessary documentation within the maximum period of 10 days, with a reference to the If you do not do so, you will be given a withdrawal of your request.

4. If the modification implies that the characteristics of the discharges to the inland waters of basins managed by the General Administration of the State are different from those provided for in the original integrated environmental authorization, the it shall forward to the basin body, within five days, the documentation provided for in Article 9.1, so that within 10 days of the entry of the documentation in its register it shall be informed as to whether the documentation submitted should to be remedied, continuing the actions otherwise.

The competent body, after examination of the other documentation submitted by the holder and received the previous report, within five days, shall require the operator to submit, where appropriate, to subsane the missing or accompany the mandatory documentation within ten days, indicating that, if you do not do so, you will be withdrawn from your request.

5. Submitted the complete documentation, the competent body:

(a) Submit it to public information for a period of not less than 20 days; and

(b) shall forward it to the basin body to draw up the report referred to in Article 19 of Law 16/2002 of 1 July, within the maximum period of four months, from the date of entry into the register of the relevant confederation. The report shall contain at least the ends required for discharge authorisations in Articles 251 and 259 of the Hydraulic Public Domain Regulation as approved by Royal Decree 849/1986 of 11 April.

This report shall not be required when the holder declares zero discharge, without prejudice to the provisions of Royal Decree 1620/2007 of 7 December establishing the legal regime for the reuse of water purged.

6. After the processing of public information is completed, the competent authority shall forward the following three days:

(a) To the City Council on whose territory the installation is located, the complete file together with the allegations and observations received, to draw up the report referred to in Article 18 of Law 16/2002 of 1 July.

(b) To the basin body, a copy of the allegations and observations received for consideration.

(c) To the other bodies which are required to report on the matters of their competence, a copy of the complete file together with the submissions and comments received.

7. The competent body, after carrying out an environmental assessment of the project as a whole, shall be subject to the prior reports to the applicant for the authorisation.

8. After the hearing is completed, the competent authority shall draw up a motion for a resolution.

If allegations have been made, they shall be transferred together with the motion for a resolution to the bodies referred to in paragraph 6, so that within the maximum period of ten days, they shall state what they deem appropriate.

9. The body responsible for granting the integrated environmental authorisation shall decide to terminate the procedure within the maximum period of six months.

After the maximum period of six months without any express resolution, the submitted application may be deemed to be rejected.

10. The substantial modification of the installation shall not affect the validity of other authorizations or concessions and licenses that have been required, which shall be regulated in accordance with the rules applicable to them.

11. Upon termination of the substantial modification, the party or parties affected by it may initiate its implementation in accordance with the terms set out in Article 12.

12. In cases where the installation requires some of the means of administrative intervention as defined in Article 3.2 of Law 16/2002 of 1 July, the procedure for the substantial modification shall be that provided for in Section 3. application shall contain, in addition to the documentation in the first paragraph, the environmental impact assessment and the remaining documentation required by the legislation resulting from the application.

Article 16. Procedure for the review of integrated environmental authorisation.

1. In accordance with Article 25 of Law 16/2002 of 1 July, the body responsible for granting the integrated environmental authorisation shall first request the bodies to decide on the different matters. The environmental impact of the competition which, within ten days, indicates which documentation they consider necessary to review.

Also, if the basin body estimates that there are circumstances that justify the revision of the integrated environmental authorization, in accordance with the provisions of Article 25.4.d) of Law 16/2002, of July 1, request the competent authority to grant the authorisation to initiate the procedures provided for in the following paragraphs.

2. In receipt of the foregoing, the competent authority shall require the holder of the authorization to provide, within 15 days, such documentation including, where appropriate, the results of the control of the emissions and other data which allow a comparison of the operation of the facility with the best available techniques described in the relevant BAT conclusions and with the emission levels associated with them.

3. In no case shall it be required to present such documents relating to facts, situations and other circumstances and technical characteristics of the installation, the production process and the site of the site, which would have already been provided to the body competent for the reason of the original authorization request.

4. The procedures provided for in Article 15 (3) to (11) shall be continued.

Section 3. Coordination of environmental impact assessment procedures and other means of administrative intervention of state competence

Article 17. Scope of the coordination procedure.

1. The coordination procedure laid down in this Section shall apply to installations which require the means of administrative intervention of the General Administration of the State as set out in Article 3.2 of Law 16/2002 of 1 July, and In addition, they require an environmental impact assessment in accordance with the provisions of the recast text of the Environmental Impact Assessment Act, approved by the Royal Legislative Decree 1/2008 of 11 January.

Documents that are common to several of the above procedures will be presented only once they include all the requirements laid down in the different applicable rules.

2. For the purposes of this section, the term "substantive organ" and "environmental organ" shall be defined as defined in paragraphs 2 and 3 of Article 2 of the recast text of the Environmental Impact Assessment Act.

In addition, the "installation owner" will be the "project promoter", according to article 2.4 of the recast text of the Environmental Impact Assessment Act.

Article 18. Submission of requests.

1. The holder of the installation shall submit to the substantive body:

(a) The application for the substantive authorisation, the responsible statement or the prior communication, as appropriate, accompanied in each case of the documentation required in accordance with the sectoral rules, and

b) The application for the start of the environmental impact assessment accompanied by the initial document of the project referred to in Article 6 of the recast text of the Environmental Impact Assessment Act.

The substantive body shall transmit the documentation referred to in point (b) to the environmental body to determine the scope of the environmental impact study, in accordance with Article 8 of the recast of the Law on the Evaluation of Environmental Impact of Projects.

2. The holder of the installation shall submit to the competent authority of the autonomous community the application for integrated environmental authorisation, including the environmental impact assessment.

Article 19. Joint process of public information and consultation with the Public Administrations.

1. The competent authority of the autonomous community shall send a copy of the file of application for the integrated environmental authorization to the substantive body so that, within ten days, it shall carry out the procedure for the public and consultation of the Public administrations and the persons concerned. This procedure shall be unique for environmental impact assessment procedures and for the granting of integrated environmental authorisation, and shall be for a duration of not less than thirty days.

As long as such a file is not received, the substantive body will suspend the computation of the deadline for granting the substantive authorization.

2. After the procedure for public and consultation information is completed, the substantive body, within five days, shall forward the file, together with the observations and observations received, to the competent authority of the autonomous community to grant the integrated environmental authorization.

3. Following the implementation of the actions referred to in the previous paragraphs, the body responsible for granting the integrated environmental authorisation, the substantive body and the environmental body shall continue the formalities laid down in the legislation which results, respectively, of application in the field of integrated environmental authorisation, substantive authorisation or environmental impact assessment.

The competent authority to grant the integrated environmental authorisation shall suspend the calculation of the time limit for granting such authorisation as long as it does not receive the environmental impact statement.

Article 20. Formulation of the environmental impact statement.

1. The environmental body shall forward the proposal for a declaration of environmental impact to the competent authority of the autonomous community to grant the integrated environmental authorisation, which may make the observations it considers relevant, within the maximum period of time. 15 days.

2. Having regard to the observations which, if appropriate, would have been received, the environmental impact statement shall be formulated by the environmental body and shall be forwarded to the substantive body and to the body of the autonomous community for a maximum period of 10 days. to continue, respectively, with the processing of the procedure for substantive authorisation and integrated environmental authorisation.

CHAPTER III

Inspection and control

Article 21. Environmental inspection systems.

1. In accordance with Article 29.2 of Law 16/2002 of 1 July, the bodies responsible for carrying out the environmental inspection tasks shall have an environmental inspection system for the installations referred to in Annex 1 of the Law. 16/2002, of July 1, located in its territory.

2. The environmental inspection system shall include the analysis of the whole range of relevant environmental effects of the installation concerned and shall ensure an appropriate level of environmental compliance verification.

3. The competent public authorities shall ensure adequate and sufficient resources for the personal and material resources of the environmental inspection systems, ensuring the professional competence of the personnel who integrate them and provide them with the resources necessary for the provision of the service in terms of safety and effectiveness.

Article 22. Environmental inspection work.

1. In accordance with Article 29.1 of Law 16/2002, 1 July, environmental inspection tasks at the premises where the activities of Annex 1 are developed shall be carried out by environmental inspectors.

The designated entities, in accordance with Article 29.1 of Law 16/2002 of July 1, may exercise material inspection activities that are not reserved for public officials.

2. Environmental inspectors shall be officials assigned to the body exercising the powers of environmental inspection, and in the exercise of their duties shall enjoy the status of officers of the authority.

The inspectors may be accompanied by technical advisors, who will carry out a purely consultative work on the basis of their technical expertise, and in no case shall they have the status of officers of the authority.

The technical advisors and designated entities will be duly identified by the competent bodies and, in addition, must keep secret of the data and information they know in the exercise of these data. functions.

3. The operator of the installation which is the subject of inspection is obliged to:

(a) Allow access, even without prior notice and duly identified, to environmental inspectors, technical advisors and designated entities in Article 29.1 of Law 16/2002, 1 July, when they are accompanied by the inspectors or when the owner of the installation does not object.

b) Provide the necessary collaboration by providing information and documentation that is required for this purpose.

c) Provide assistance for sample collection or practice of any test media.

In the intensive breeding facilities for poultry or pigs under heading 9.3 of Annex 1, the inspection work shall be carried out in compliance with the restrictions laid down by the animal health legislation, both in access to and facilities such as in the taking of samples or the practice of any means of testing.

Article 23. Environmental inspection planning.

1. The bodies responsible for carrying out the environmental inspection tasks shall ensure that all installations under the scope of Law 16/2002, of 1 July, are covered by an environmental inspection plan which considers the the territorial scope in which they operate and will ensure that this plan is subject to regular review and, where appropriate, updated.

The periodicity of review and update shall be established by each of the competent bodies.

2. The environmental inspection plan shall include the following:

a) A general assessment of the most important environmental problems.

b) The geographical area covered by the inspection plan.

c) A record of the installations covered by the plan.

(d) The procedure for drawing up the environmental inspection programmes referred to in paragraph 3.

e) The procedures for scheduled and unscheduled environmental inspections.

(f) Where appropriate, provisions on cooperation between the various bodies responsible for the inspection and, in particular, between the catchment bodies and the bodies responsible for carrying out inspection tasks. Autonomous communities.

3. On the basis of the inspection plans, the competent bodies shall regularly draw up environmental inspection programmes which include the frequency of inspection visits to sites for the different types of installations, taking into account The following parameters are available:

(a) In accordance with Article 12.3, the inspection visit to these facilities shall be carried out within one year of the start of the activity.

(b) The period between two on-site visits shall be based on an assessment of the risks of the facilities concerned, and shall not exceed one year at the premises posing the highest risks and three years at the premises which pose minor risks.

(c) If an inspection makes a serious breach of the conditions of the integrated environmental authorisation, without prejudice to the sanctioning regime provided for in Law 16/2002 of 1 July, not exceeding six months an additional visit will be made to the installation.

Plans and programmes should be made available to the public, inter alia by electronic means, without further limitations than those laid down in Law 27/2006 of 18 July on the rights of access to the public information, public participation and access to justice in the field of the environment.

4. The systematic assessment of environmental risks shall be based, at least, on the following criteria:

(a) The potential and actual impact of installations on human health and the environment, taking into account the levels and types of emission, the sensitivity of the local environment and the risk of accident.

b) The compliance history of the integrated environmental authorization conditions.

(c) The participation of the holder in the environmental management and audit system (EMAS), in accordance with Royal Decree 239/2013 of 5 April laying down the rules for the application of Regulation (EC) No 239/2013. Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation of organisations in a Community environmental management and audit scheme (EMAS) and repealing Regulation (EC) No 1221/2009 761/2001 and Commission Decisions 2001 /681/EC and 2006 /193/EC.

5. Unscheduled environmental inspections to investigate serious complaints about environmental aspects, serious accidents and environmental incidents and cases of non-compliance with the rules will be carried out as soon as possible and, if appropriate, before the granting, substantial modification or revision of an integrated environmental authorisation.

Article 24. Documentation of the inspector's work, its notification and publicity.

1. The result of the on-site visit shall be entered in the relevant minutes, lifted by the inspector. The facts established by the officials responsible for the inspection tasks shall be of probative value, without prejudice to the evidence which, in defence of the respective rights or interests, may be indicated or provided by the persons themselves.

2. The inspection records are public documents and must, in any case, be signed by the inspector.

If the owner, a representative or an employee of the company has been present at the inspection, he will be given the opportunity to sign the record that in no case, except that he would like to voluntarily demonstrate the (a) the contrary, it shall be accepted by any of the facts contained therein or the measures suggested as a possible solution to a problem identified by the inspector; he shall also be given the opportunity to state in the minutes how much he is entitled to You will be given a copy. The minutes shall also be recorded as any incident during signature and delivery.

3. After each visit on the spot, the competent bodies shall draw up a report on the action taken in which they shall include the conclusions concerning compliance with the conditions of the environmental authorisation integrated by the installation. as for any further necessary action.

4. The report shall be notified to the holder within a maximum period of two months from the date of the end of the visit, in order to make any such claims as they deem appropriate, for a period of 15 days.

Such notification shall be without prejudice to the processing, where appropriate, of a sanctioning procedure, which shall have an independent start-up agreement.

5. The competent bodies shall publish the report of the action carried out within a maximum period of four months, without further limitations than those laid down in Law 27/2006 of 18 July on the rights of access to information, public participation and access to justice in the field of the environment.

6. In any event, the competent authorities shall ensure that the operator of the installation takes all the necessary measures indicated in the report referred to in paragraph 3, without prejudice to the sanctioning procedure which may be carried out.

Article 25. Provisional measures.

1. Under the procedure of penalties, the body responsible for resolving it may, on its own initiative or at the request of a party, at any time, by means of a reasoned agreement, take the measures of a provisional nature which it considers appropriate to ensure the the effectiveness of the decision which may be made and to avoid the maintenance of the risks or damage to human health and the environment and shall order the measures necessary for its protection in accordance with Article 34 of the Law 16/2002, July 1.

2. For the same purpose, in cases of urgency and for the interim protection of the interests involved, it may take the provisional measures necessary prior to the initiation of the sanctioning procedure, with the limits and the conditions laid down in Article 72.2 of Law No 30/1992 of 26 November 1992 and other applicable rules, without any possibility of exceeding the period of 15 days.

3. The provisional measures shall be taken on the basis of a reasonableness judgment and the least damaging to the legal status of the holder.

CHAPTER IV

Special provisions for waste incineration and co-incineration plants

Article 26. Scope of application.

1. This Chapter shall apply to the incineration and co-incineration plants of waste that incinerate or co-incinerate solid or liquid waste, with the exception of the following:

(a) Installations in which only the following wastes are incinerated or co-incinerated:

1. The wastes listed in Article 2.2.b).

2. Āŗ radioactive waste.

3. Whole whole carcasses of animals and parts thereof which in turn have the consideration of non-processed animal by-products in accordance with Article 3.1 of Regulation (EC) No 1069/2009 of the European Parliament and of the Council European and Council of 21 October 2009 laying down the health rules for animal by-products not intended for human consumption and repealing Regulation (EC) No 1774/2002, which must be incinerated or agree in accordance with the provisions of the said European Regulation and in the rules which is applicable.

4. Ā° 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.

2. This chapter shall not apply to gasification or pyrolysis installations if the gases resulting from this heat treatment are purified in such a way that they cease to be waste prior to their incineration and that they may cause non-higher emissions. to those resulting from the burning of natural gas. For these purposes, these installations shall carry out the appropriate measurements to demonstrate this and shall make it known to the competent authority of the Autonomous Community.

3. For the purposes of this Chapter, waste incineration plants and waste co-incineration plants shall include all incineration or co-incineration lines and reception, storage and storage facilities. 'Insitu' treatment of waste; waste, fuel and air systems; the boiler; waste gas treatment facilities; the 'in situ' treatment or storage facilities for the waste of the waste; incineration and waste water, and the chimney; as well as the control devices and systems of the incineration or co-incineration operations, the recording and monitoring of the incineration or co-incineration conditions.

4. In the case of procedures other than oxidation, such as pyrolysis, gasification and plasma processing, for the heat treatment of waste, the incineration or co-incineration plant shall include both the method of heat treatment such as the subsequent incineration process.

If the co-incineration of waste takes place in such a way that the main purpose of the installation is not the generation of energy or the production of material products but rather the thermal treatment of waste, the installation shall be considered as waste incineration plant.

Article 27. Authorization of the facilities.

1. Waste incineration and co-incineration plants shall be subject to the following authorisation system:

(a) The installations falling within the scope of Law 16/2002 of 1 July must have the integrated environmental authorisation regulated in that field.

(b) Other installations not covered by Law 16/2002 of 1 July shall require the authorisations required by Law 22/2011 of 28 July for contaminated waste and soil as well as those required for this purpose. pursuant to Law 34/2007 of 15 November of air quality and protection of the atmosphere, 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.

2. The authorisations provided for in this Article may be reviewed periodically, in accordance with the provisions of the rules on integrated pollution prevention and control, or, where appropriate, waste, pollution air, water and coasts.

3. In the event of non-compliance with the conditions laid down in the authorisations provided for in this Article, the competent bodies shall take the necessary measures by applying the appropriate sanctioning system.

Article 28. Request for authorization.

1. Any application for the authorisation of waste incineration or co-incineration plants shall include a description of the measures that are intended to ensure that the following requirements are met:

(a) The installation is designed, equipped, maintained and operated in such a way that the requirements set out in this Chapter are met, 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 generating heat, steam or electricity.

(c) To minimise the quantity and the harmfulness of the waste produced, and, where appropriate, to be recycled.

(d) that the disposal of waste from incineration which cannot be avoided, reduced or recycled takes place 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/EEC.

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 where waste of municipal competence is intended to be incinerated exclusively, the identification of the waste shall be made in a generic manner, indicating those aspects which may condition the authorization.

2. In the case of installations where waste is to be incinerated other than the previous ones, as well as in the case of incineration of municipal waste in which waste of another nature is to be incinerated, 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 the pollutants and the proportion of each of them, shall be identified. of them in the oven feed.

3. In the case of co-incineration plants, in addition to the requirements set out in the above paragraphs, the lower heat power, the form of power and the point of incorporation into the process of co-incineration must be indicated. the waste. 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.

4. In the case of household waste incineration plants, a report shall be provided, carried out by an accredited external expert, indicating the value of energy efficiency for each incineration line, in the terms provided for in Article 40.

2. In any event, the authorisation shall be granted only where the application is satisfied that the measurement techniques of the proposed air emissions comply with the provisions of Annex 2, Part 3, and as regards water, comply with the provisions of this Directive. Part 3, paragraphs 1 and 2 of that Annex.

Article 29. Content of the authorizations.

1. Any authorisation of incineration or co-incineration plants shall include the following determinations, in addition to other determinations:

(a) Expressed enumeration of the types of waste that may be treated using the identification codes of the European Waste List and the amount of waste authorised to be incinerated or co-agree.

(b) The total incineration or co-incineration capacity of the plant, as well as the capacity of each of the incineration or co-incineration lines of the installation.

(c) The limit values for emissions to air and water, without prejudice to the other requirements laid down in the sectoral legislation resulting from implementation.

d) The requirements of pH, temperature, and flow of waste water discharges.

e) The sampling and measurement procedures and the frequencies to be used to meet the obligations established on periodic measurements of each pollutant in the atmosphere and the waters, mentioning, there are specific rules or methods applicable to this effect.

(f) The maximum permitted period of the technically unavoidable interruptions, mismatches or failures of the purification or measurement devices, during which emissions into the atmosphere and discharges of waste water they can exceed the expected emission limit values.

2. Where the authorisation is concerned with an incineration or co-incineration plant using hazardous waste, it shall also include the following determinations:

(a) A list of the quantities of the different types of hazardous waste that may be treated.

(b) The minimum and maximum mass flows of such hazardous wastes, their minimum and maximum calorific values and their maximum content of polychlorinated biphenyls, pentachlorophenol, chlorine, fluorine, sulphur, heavy metals and other substances contaminants.

Article 30. Delivery and receipt of waste.

1. The manager of the incineration or co-incineration plant shall take all necessary precautions in relation to the delivery and receipt of waste to prevent, or, where this is not practicable, to limit, as far as possible, the contamination of the atmosphere, soil and surface water and groundwater, as well as other negative effects on the environment, odours and noises, and the direct risks to human health.

2. Before accepting 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 List of Waste.

3. In addition, in the case of hazardous waste, before accepting them at the incineration or waste co-incineration plant, the operator must have information on them in order to verify, inter alia, that the waste is requirements of the authorisation referred to in Article 29.2.

In the above information, it will consist of:

(a) All administrative information on the process for generating the waste contained in the documents referred to in paragraph 4 (a).

(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. In addition, before accepting hazardous waste at the incineration or waste co-incineration plant, the operator shall observe at least the following reception procedures:

(a) Check the documents provided for in Law 22/2011 of 28 July 2011 and, if applicable, those laid down in Regulation (EEC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on the shipments of waste, 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 serve to enable the competent authority to determine the nature of the waste treated. The samples shall be kept for at least one month after the incineration or co-incineration of the corresponding residue.

5. The competent authority may exempt from compliance with paragraphs 2, 3 and 4, waste incineration plants or waste co-incineration plants which are part of a facility included in the field of waste incineration. application of Law 16/2002 of 1 July, and only incinerated or co-incinerate the waste generated within it.

Article 31. Conditions of design, equipment, construction and operation.

1. The design, equipment, construction and operation of waste incineration plants shall be carried out in accordance with the following requirements:

(a) The installations shall be operated in such a way as to obtain an incineration grade such that the total organic carbon content (COT) of the slag and the household ash is less than 3% or, alternatively, its loss by Combustion is less than 5% of the dry weight of the material. If necessary, prior waste treatment techniques shall be used.

(b) After the last injection of combustion air, even under the most unfavourable conditions, at least for two seconds the temperature of the gases resulting from the incineration of waste is raised in a controlled manner and homogeneous up to 850 Ā° C, measured close to the internal wall of the combustion chamber or at another representative point of the combustion chamber prior to the approval of the competent authority. If hazardous waste containing more than 1% of organohalogenated substances, expressed in chlorine, is incinerated, the temperature must be raised to 1,100 Ā° C, at least for two seconds.

(c) All combustion chambers 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 injection of combustion air, falling below 850 Ā° C or 1,100 Ā° C, depending on the cases referred to in paragraph (b) above. In addition, the burner shall be used during the start and stop operations of the installation so that the temperature of 850 Ā° C or 1,100 Ā° C, in accordance with the cases referred to in paragraph (b) above, shall be maintained at all times during the operations for as long as there is non-incinerated waste in the combustion chamber.

(d) During start and stop, or when the temperature of the combustion gases falls below 850 Ā° C or 1,100 Ā° C, depending on the cases referred to in paragraph (b), the auxiliary burner may not be fuelled with fuels which may cause higher emissions than those produced by the burning of gas oil, in accordance with the definitions of Decree 2204/1975 of 23 August establishing the characteristics, qualities and conditions of use of fuels and Fuel, or by means of liquefied gas or natural gas.

2. The waste 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 of waste is raised in a controlled and homogeneous manner, including in more unfavourable conditions, up to at least 850 Ā°C, for at least two seconds. If hazardous waste containing more than 1% of organohalogenated substances, expressed as chlorine, is matched, the temperature must be raised to at least 1,100 Ā° C for at least two seconds.

3. Waste incineration and waste co-incineration plants shall have and use an automatic system that prevents the feeding of waste in the following cases:

(a) At the start up, until the temperature of 850 Ā° C or 1,100 Ā° C 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 32.

(b) Where the temperature of 850 Ā° C or 1,100 Ā° C 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 32.

c) When continuous measurements show that some emission limit value of Article 39.3 is being exceeded due to disturbances or failures in the waste gas cleaning devices.

4. Waste incineration and co-incineration plants shall be designed, equipped, constructed and operated in such a way that the waste gases produced are released in a controlled manner by means of a chimney, the height of which shall be calculated in a manner that human health and the environment are protected.

5. The heat generated by waste incineration plants or waste co-incineration plants shall be recovered to the extent that it is viable.

6. Infectious clinical residues must be introduced directly into the oven, without mixing them before with other types of waste and without directly handling them.

7. Irrespective of any civil or criminal liability which may arise as a result of the operation of the plant, the management of the waste incineration or co-incineration plant shall be responsible for a physical person with technical aptitude to manage the installation.

Article 32. Authorisation to change the operating conditions.

1. For certain types of waste or for certain thermal processes, the competent authority may permit conditions other than those laid down in Article 31.1.a), in relation to the content of COT, as well as those laid down in the Article 31.1.b), (c) and (d) and Article 31.2 and 3, in relation to the minimum operating temperatures, specifying them in the authorisation, provided that the other requirements laid down in this Chapter are met.

2. As far as incineration plants are concerned, the change in operating conditions will not be able to generate a greater amount of waste or waste with higher content of organic pollutants than expected if the waste is maintained. conditions laid down in Article 31.1.

3. As regards the co-incineration plant, and as regards the content of COT and CO, the authorisation of different conditions shall be subject to compliance with at least the emission limit values laid down in Annex 2, Part 5, for the total organic carbon and for the 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 2, Part 5, for the total organic carbon.

4. As regards 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 fixed duration by the competent body and sufficient to be able to obtain representative samples:

(a) The organic chlorine content in the waste is less than 0,1% by weight for both incineration and co-incineration plants.

(b) The emissions of CO and COT are lower than the limits laid down in Annex 2, Part 5, for both incineration and co-incineration plants.

(c) That, in the case of co-incineration plants, the requested operating temperature is not less than that which would be recorded in the main process if waste is not fed.

5. The Autonomous Communities shall inform the Ministry of Agriculture, Food and the Environment of the decisions they have taken pursuant to this Article, with an express indication of the different operating conditions. authorised 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 appropriate course.

Article 33. Emission limit values to the atmosphere.

1. Waste 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 2, Part 5 are not exceeded.

2. The co-incineration plant shall be designed, equipped, constructed and operated in such a way that, in the exhaust gas, the emission limit values set out in Annex 2, Part 2, are not exceeded or are determined in accordance with that Part.

If in a waste co-incineration plant more than 40% of the heat generated comes from the combustion of hazardous waste, the emission limit values set out in Annex 2 Part 5 shall apply.

When mixed domestic waste is co-incinerated, the emission limit values for the atmosphere shall be determined in accordance with Annex 2, Part 5, and Part 2 of the same Annex shall not apply.

3. The results of measurements taken to verify compliance with the emission limit values shall be subject to the conditions laid down in Article 37.

Article 34. Emission limit values for water.

1. In the case of authorisations which are required, in accordance with Article 28, it shall be limited to the extent that the discharge into the aquatic environment of waste water from the purification of waste gases is feasible. 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 2, Part 4, or any other parameter which the competent authority considers to be characteristic of the spill, are lower than the limit values for Emission limit values set out in Article 38.3 shall be established in the latter, without prejudice to the establishment of more restrictive emission limit values in the relevant authorisation or to the limit of any other parameter which the competent authority consider characteristic of the spill.

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 2, Part 4.

3. The emission limit values shall be applicable at the point of control immediately after the waste water purification plant, equipped with a tonnage or similar system allowing the inspection and sampling. In addition, the system for the disposal of waste water to the receiving medium shall not allow the concentration of the pollutants in the discharge at the point where the waste water is discharged to be higher than the concentration of the substances. contaminants from the spill at the checkpoint.

4. Where waste water from the purification of waste gases containing the polluting substances referred to in Annex 2, Part 4, is treated outside the incineration or co-incineration plant in one of the following areas: treatment facility intended only for the treatment of this type of waste water, the emission limit values for Annex 2, Part 4, shall apply at the point where the waste water leaves the treatment facility.

Where waste water from the purification of waste gases is treated in conjunction with other types of waste water, both outside and within the site, the operator shall carry out the distribution calculations. of suitable masses, using the results of the measurements referred to in Article 38.2, to determine the emission levels in the final discharge of waste water which can be attributed to the waste water from the purification of residual gases, in order to verify that the emission limit values are met set out in Annex 2, Part 4.

5. The sites of waste 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 substances. pollutants to soil and surface water and groundwater.

In addition, storage capacity should be available for runoff from contaminated precipitation from the site of the incineration or co-incineration plant or for contaminated water. (a) to be derived from spillage 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 35. Waste from incineration.

1. The quantity and the harmfulness of the waste arising from the operation of the incineration or co-incineration plant shall be reduced to a minimum. Waste shall be recycled, if appropriate, directly into or out of the facility, or shall be recovered or disposed of outside it in accordance with the provisions of the waste legislation.

2. The transport and temporary storage of dry waste in the form of dust shall be carried out in such a way as to avoid its dispersion in the environment.

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 36. Measurements.

1. The competent bodies shall take the necessary measures to verify that the operators of the facilities carry out the measures provided for in this Article and in Articles 37 and 38 by complying with the obligations laid down in this Article. effect on the corresponding authorization.

2. Measurement equipment shall be available at waste incineration and co-incineration plants and appropriate techniques shall be used for the monitoring of the parameters, conditions and mass concentrations related to the waste. the process of incineration or co-incineration of waste.

3. The installation and proper operation of the automated monitoring equipment for emissions into the atmosphere and into the waters shall be subject to control and annual testing, as set out in Annex 2, Part 3.

4. The competent authority shall determine the location of the measurement and sampling points, which shall be accessible for the necessary measures.

5. Periodic measurements of emissions into the atmosphere and water shall be carried out in accordance with Annex 2, Part 3, paragraphs 1 and 2, without prejudice to the requirements of the basin body in the case of discharges into the public hydraulic domain in basins managed by the General Administration of the State.

6. The results of the measurements shall be recorded, processed and presented in accordance with the procedures laid down by the competent bodies for the purpose of verifying compliance with the operating conditions. authorized and of the emission limit values set out in that authorization.

Article 37. Frequency of measurements to the atmosphere and compliance with emission limit values.

1. The following measurements shall be made in the incineration and co-incineration plants:

a) Continuous measurements of the following substances: NOx, as long as emission limit values, CO, total particles, COT, HCI, HF, and SO2are set.

(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 authorised by the competent organ; oxygen concentration, pressure, temperature and water vapor content of the waste gases.

(c) At least one quarterly measurement of heavy metals and dioxins and furans; whereas, 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 of this article.

2. At least once the length of time, the minimum temperature and the oxygen content of the waste 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.

3. The continuous measurement of HF may be omitted if HCl treatment processes are used to ensure that the emission limit values of HCl are not exceeded. In this case, the HF emissions shall be subjected to periodic measurements in accordance with paragraph 1.c.).

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

5. The competent authority may allow periodic measurements, instead of continuous measurements, of HCI, HF and SO2, in accordance with paragraph 1 (c), to be carried out in the authorisation of incineration plants and co-incineration of waste, or not requiring any measurement, provided that the operator can prove that emissions from these pollutants in no case can exceed the emission limit values set.

The competent body may decide not to require continuous measurements of NOx and to require periodic measurements under paragraph 1.c), in the current waste incineration plant with a a nominal capacity of less than 6 tonnes per hour or at present waste co-incineration plants with a nominal capacity of less than 6 tonnes per hour if the manager can test, on the basis of information on the quality of the waste waste, the technologies used and the results of the measurement of emissions, which emissions NOx cannot be in any case greater than the prescribed emission limit values.

6. By way of derogation from paragraph 1 (c), the competent authority may allow the frequency of periodic measurements to be reduced from quarterly to once a year in the case of heavy metals and quarterly measurements. for semi-annual measurements in the case of dioxins and furans, provided that:

(a) Emissions from co-incineration or waste incineration are in any event less than 50% of the emission limit values.

(b) Waste to be co-incinerated or incinerated consists solely of certain combustible fractions classified as non-hazardous waste which are not suitable for recycling and which are determined to be characteristics, which shall be indicated on the basis of the assessment referred to in paragraph (c) of this point.

(c) The manager can demonstrate on the basis of the information about the quality of the waste concerned and the measurement of emissions, which are in any circumstances significantly below the limit values. for the emission of heavy metals and dioxins and furans.

7. From the date on which appropriate technical measurement techniques are laid down in the Community legislation, continuous measurements of emissions into the atmosphere of heavy metals and dioxins and furans shall be carried out in accordance with the provisions of this Regulation. Annex 2, Part 3.

8. The results of measurements made to verify that the emission limit values are met shall be standardised using the normal oxygen concentrations referred to in Annex 2, Part 5, or calculated in accordance with Annex 2, Part 2, applying the formula set out in Part 6 of that Annex.

When the residue is incinerated or matched in an oxygen-enriched atmosphere, the results of the measurements may be normalized with reference to an oxygen content, established by the competent organ, which obeys the special circumstances of the particular case.

When emissions of pollutants are reduced by the treatment of waste gases in an installation where hazardous waste is treated by incineration or co-incineration, standardisation with regard to the Oxygen content provided for in paragraph 1 shall be carried out only when the oxygen content measured in the same time period for the pollutant in question exceeds the corresponding standard oxygen content.

9. 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 daily average values exceed the emission limit values set out in Annex 2, Part 2, or Part 5, paragraph b), or calculated in accordance with Part 2 of that Annex.

(b) Where none of the half-hourly average values exceed the emission limit values in Annex 2, Part 5 (c), column A, or, where applicable, if 97% of the half-hourly average values, over the year, do not exceed the emission limit values for Annex 2, Part 5, paragraph c), column B.

(c) If none of the average values over the sampling period for heavy metals and dioxins and furans exceed the emission limit values set out in Annex 2, Part 5, (d) and (e), or Annex 2, Part 2, or calculated in accordance with this Annex.

d) For carbon monoxide (CO): in the case of waste incineration plants:

1. At least 97% of the average daily values over the year do not exceed the emission limit value for the average daily value set out in Annex 2, Part 5, point (f), and

2. Āŗ at least 95% of all average values every ten minutes taken over a period of 24 hours, corresponding to a calendar day, or all half-hourly average values taken over the same period do not exceed emission limit values for the semi-hourly average value and average value every ten minutes as set out in Annex 2, Part 5, point (f); for carbon monoxide (CO): In the case of incineration plants where the gas derived from the process Incineration is raised to a temperature of at least 1,100 Ā° C for at least two seconds, the organs competent authorities may apply a seven-day assessment period for the average values of ten minutes.

For carbon monoxide (CO): In the case of the waste co-incineration plant the Annex 2, part 2, must be complied with.

10. The half-time average values and the mean values of ten minutes shall be determined within the actual operating time, excluding start and stop periods if no waste is incinerated, starting from the measured values, after subtract the value of the confidence interval set out in Annex 2, Part 3, paragraph 3. 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.

11. 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 29.1.e), 36.4 and in the Annex 2, part 3.

Article 38. Frequency of measurements of emissions to water and compliance with emission limit values.

1. At least the following measurements shall be made at the point of control of waste water:

a) Continuous measurements of pH, temperature and flow.

(b) Daily measurements, by means of point samples, of suspended solids or measurements of a representative sample and proportional to the discharge flow over a period of 24 hours.

(c) Measurements, with the frequency to be determined by the competent bodies 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 during Twenty-four hours of Hg, Cd, Tl, As, Pb, Cr, Cu, Ni and Zn. In addition, point samples of these parameters shall also be taken when the authorisation is included.

(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. Where waste water from the purification of waste gases is treated in the plant together with other waste water originating from the waste water, the operator shall take measurements:

(a) In the waste water flow from the purification of waste gases 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 waste co-incineration plant, after treatment.

3. 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.

4. The emission limit values shall be considered to be met in accordance with the provisions of Annex 2, Part 4, and without prejudice to the establishment of more restrictive criteria in the relevant authorisation:

(a) For the total suspended solids, pollutant number 1, when 95% and 100% of the measured values do not exceed the respective emission limit values set out in Annex 2, Part 4.

(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 2, Part 4 or, if the emission limit values are set as mandatory, takes more than 20 samples per year, in accordance with the provisions of paragraph 1 (c) of this Article, where no more than 5% of these samples exceed the emission limit values set out in Annex 2, Part 4.

c) For dioxins and furans, pollutant number 11, when measurements made four times a year do not exceed the emission limit value set out in Annex 2, Part 4.

5. Where the measurements taken show that the emission limit values for the aquatic environment set out in this Chapter have been exceeded, the competent body shall be informed immediately.

Article 39. Abnormal operating conditions.

1. In the event of a breakdown, the installation manager shall reduce or stop the operation of the installation as soon as possible until it can be resumed normally.

2. Without prejudice to Article 31.3.c), the installation of incineration or co-incineration of waste or furnaces forming part of an incineration or co-incineration plant may not, in any 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 operation in those circumstances during a calendar year shall be less than 60 hours, taking into account that the duration of the operation is applied to the furnaces connected to a single gas purification device. residual.

3. Under the conditions described in paragraphs 1 and 2, the total particulate content of emissions from an incineration plant to the atmosphere shall in no case exceed 150 mg/m3, expressed as a half-hours value. In addition, the emission limit values for CO and COT set out in Annex 2, Part 5, shall not be exceeded.

Article 40. Verification of the energy efficiency value of household waste incineration plants.

1. For the purposes of the classification of household waste incineration plants as recovery or disposal operations in accordance with the provisions of Law 22/2011 of 28 July 2011, the managers of such installations shall forward a report, externally accredited, indicating the value of the energy efficiency for each incineration line as well as the calculation made and the additional information necessary for its verification. To carry out this calculation, the information set out in the guide published by the European Commission shall be followed.

In the case of operating installations, the results obtained over a calendar year shall be taken as a reference for the calculation of that value. In the case of new installations, this calculation shall be made on the basis of the technical specifications of the installation and the contracts it has established.

2. The competent authority shall verify that calculation and, if it considers it necessary, may request additional information or carry out the checks it deems appropriate for its verification. Within three months of receipt of the information, the competent authority shall notify the installation of the energy efficiency value and its classification as an operation R1 or D10, in accordance with Annexes I and II to Law 22/2011, 28 July. This classification shall be valid for the following five years as long as there are no changes that may affect energy efficiency, such as technical modifications, changes in heat customers, electricity, etc.

Past these five years, or during this period if there has been a change that may affect energy efficiency, the energy efficiency value of the facility will be recalculated and such a classification will be reviewed, following the procedure described above.

3. The manager of the household waste incineration plant, in the memory which is referred to the competent body annually in accordance with Article 41 of Law 22/2011, of 28 July, shall include the information necessary for the body to competent to verify that the energy efficiency value established for that installation is still maintained and therefore its classification as a recovery or disposal operation.

Where an incineration plant of waste classified as R1, in accordance with Annex II to Law 22/2011 of 28 July 2011, does not exceed the legally established threshold, the operator shall adequately justify the authority. the causes which have prevented it from reaching that threshold and the forecasts for reaching it again. On the basis of this, the competent authority shall maintain the classification of that installation.

Article 41. Submission of reports and information to the public on waste incineration and co-incineration plants.

1. Without prejudice to the provisions of Law 16/2002 of 1 July and Law 27/2006 of 18 July, applications for new authorisations for waste incineration plants and waste co-incineration plants shall be subject to the following conditions: the provision of the public in one or more places for a period of 30 days, in order for them to submit their observations as appropriate, before the competent body decides on the granting of the authorisation.

A copy of the authorization and subsequent renewals or modifications shall also be made available to the public.

2. For the purpose of drawing up the information for referral to the Commission, in respect of incineration or co-incineration plants with 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 control of the plant, in which it will at least be aware of the progress of the incineration or co-incineration process and of the emissions into the atmosphere or waters, compared with the emission levels regulated in this chapter. This information shall be provided to the public upon request.

3. 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 in their territory, which shall be made available to the public, together with the reports of operation and monitoring as outlined in the previous section.

4. For the purpose of their referral to the European Commission, the Autonomous Communities will provide the Directorate-General for Quality and Environmental Assessment and the Environment of the Ministry of Agriculture, Food and the Environment with information on the implementation of this chapter in their respective territorial areas, in accordance with what is to be established in the Community legislation.

CHAPTER V

Special provisions for large combustion plants

Article 42. Scope of application.

1. This Chapter shall apply to combustion plants, the total rated thermal input of which is 50 MW or more, whichever type of fuel they use.

2. This Chapter shall not apply to the following combustion plants:

(a) The installations in which combustion products are used for direct heating, drying or any other treatment of objects or materials.

(b) Post-combustion plants intended to clean waste gases by combustion that are not operated as stand-alone combustion plants.

c) The regeneration devices of catalytic cracking catalysts.

d) The hydrogen sulphide conversion devices in sulphur.

e) The reactors used in the chemical industry.

f) Okilns with coke batteries.

g) High-oven retrievers (cowpers).

h) Any technical device used in the propulsion of a vehicle, ship or aircraft.

i) Gas turbines and gas engines used in marine platforms.

j) installations using as fuel any solid or liquid waste other than the waste referred to in Article 2.2 (b).

Article 43. Add rules.

1. Where the waste gases of two or more separate combustion plants are ejected by a common chimney, the combination of such facilities shall be considered as a single combustion plant and its capabilities shall be added for the purposes of calculating the the total rated thermal power.

2. Where two or more independent combustion plants whose initial substantive approval of construction has been granted on 1 July 1987 or at a later date, or their holders have submitted a complete application for the grant of such authorization on that date or in a later date, are installed in such a way that their residual gases, in the judgment of the competent authority to grant the environmental authorization, taking into account technical and economic factors, may be expelled by the same chimney, the resulting combination of such installations shall be considered as a Single combustion plant and its capabilities shall be added for the purpose of calculating the total thermal rated power.

3. For the purpose of calculating the total thermal rated power of a combination of combustion plants referred to in paragraphs 1 and 2, installations with a rated thermal input of less than 15 MW shall not be included in the calculation.

Article 44. Emission limit values.

1. The removal of waste gases from combustion plants shall be carried out in a controlled manner by means of a chimney containing one or more ducts, the height of which shall be calculated in such a way as to safeguard human health and the environment. environment.

2. For all integrated environmental authorisations of activities including combustion plants for which the initial substantive approval of construction has been granted before 7 January 2013, or for which the holders have submitted their original substantive authorisations a complete application for the granting of such a substantive authorisation before that date, provided that those facilities have become operational by 7 January 2014 at the latest, the body competent to grant the authorisation Integrated environmental conditions will include conditions that ensure that emissions into the atmosphere of these installations do not exceed the emission limit values set out in Annex 3, Part 1.

In all integrated environmental authorisations of installations including combustion plants to which an exception has been granted in accordance with Article 5.4 of Royal Decree 430/2004 of 12 March 2004, establish new rules on the limitation of emission to the atmosphere of certain pollutants from large combustion plants and set certain conditions for the control of emissions into the atmosphere of refineries of oil, which are in operation after 1 January 2016, shall include the following: conditions to ensure that air emissions from such combustion plants do not exceed the emission limit values set out in Annex 3, Part 2.

3. All integrated environmental authorisations of installations which include combustion plants not covered by paragraph 2 shall specify conditions such that emissions into the atmosphere of such installations do not exceed the values emission limit set out in Annex 3, Part 2.

4. The emission limit values referred to in Annex 3, Parts 1 and 2, and the minimum desulphurisation rates laid down in Part 5 of that Annex shall apply to the emissions from all common chimney, depending on the rated thermal power total of the set of the combustion plant. Where Annex 3 provides that the emission limit values could be applied to a part of the combustion plant with a limited number of operating hours, those limit values would apply to the emissions of that part of the combustion plant. installation, but depending on the total rated thermal power of the combustion plant assembly.

5. The autonomous communities, following a report by the Ministry of Industry, Energy and Tourism, may grant an exemption for a maximum of six months from the obligation to comply with the emission limit values set out in paragraphs 2 and 3 for the sulphur dioxide in combustion plants which, for that purpose, normally uses low sulphur fuel, where the holder is not in a position to respect those limit values on account of a supply disruption of such a fuel, as a result of severe shortages.

The Ministry of Industry, Energy and Tourism shall immediately inform the European Commission of any exemption granted under this paragraph.

6. The autonomous communities, after report by the Ministry of Industry, Energy and Tourism, may grant an exemption from the obligation to respect the emission limit values provided for in paragraphs 2 and 3, in cases where an installation of Combustion that uses only a gaseous fuel has to resort exceptionally to the use of other fuels, because of a sudden interruption in the supply of gas and, for this reason, it needs to be equipped of a purification equipment of the waste gases. The period for which the exemption is granted shall not exceed 10 days, except where there is a pressing need to maintain the supply of energy.

The owner of the installation will inform the autonomous community where the installation is located and the Ministry of Industry, Energy and Tourism of each specific case mentioned in the previous paragraph.

The Ministry of Industry, Energy and Tourism shall immediately inform the European Commission of any exemption granted under this paragraph.

7. When the power of a combustion plant is increased, the emission limit values set out in Annex 3, Part 2, shall be applicable to the increased part of the installation affected by the change and shall be fixed according to the thermal power total nominal of the set of the combustion plant. In the case of a modification to a combustion plant which may have consequences for the environment and which affects a part of the plant with a rated thermal input of 50 MW or more, the limit values for the combustion plant shall be the emission referred to in Annex 3, Part 2, shall be applicable to the part of the installation which has been modified, depending on the total rated thermal power of the combustion plant assembly.

8. The emission limit values referred to in Annex 3, Parts 1 and 2 shall not apply to the combustion plants listed below:

a) Diesel engines.

b) Recovery of recovery in facilities for the production of pulp.

Article 45. Index of desulphurisation.

1. For combustion plants using national solid fuel and cannot comply with the emission limit values applicable to sulphur dioxide, as referred to in Article 44.2 and 3, due to the characteristics of this fuel, the the minimum desulphurisation rates referred to in Annex 3, Part 5, may be applied instead by the competent body in accordance with the compliance rules laid down in Part 6 of Annex 3, subject to the validation of a technical justification report for the infeasibility of compliance with the above limit values. This information shall be communicated to the European Commission in accordance with Article 55.4.a) and 5.

2. For combustion plants using a national solid fuel, which co-incineration waste and cannot respect the Cprocess values applicable to the sulphur dioxide referred to in points 2.1 or 2.2 of Annex 2, Part 2 due to the characteristics of the national solid fuel, the competent authority may apply the minimum desulphurisation rates referred to in Annex 3, Part 5, in accordance with the rules of conformity set out in Part 6 thereof. If the competent authority applies this paragraph, the Cresidue referred to in Annex 2, Part 2, shall be equal to 0 mg/NmĀ³.

Article 46. Transitional national plan.

1. For the period from 1 January 2016 to 30 June 2020, a transitional national plan shall be established for those combustion plants, which are officially requested to do so, the initial substantive authorisation of which is to be constructed. has been granted before 27 November 2002, or the holders of which have made a complete application for the grant of such substantive authorisation before that date, provided that the installation has been in operation at the latest November 27, 2003.

The transitional national plan for each of the combustion plants included in the plan shall cover the emissions of one or more of the following pollutants: nitrogen oxides, sulphur dioxide and particles. As far as gas turbines are concerned, the plan shall only cover emissions of nitrogen oxides.

The transitional national plan shall not include any of the following combustion plants:

(a) Those to which the limited lifetime exemption of Article 47.1 applies.

(b) Refineries belonging to refineries using low-heat gases from the gasification of refinery residues or the distillation and conversion residues of crude oil refining for their own consumption, alone or with other fuels.

(c) Those to which the provisions relating to the district heating facilities of Article 49 apply.

(d) Those which have been subject to the granting of one of the exemptions under Article 5.4 of Royal Decree 430/2004 of 12 March.

2. The combustion plants covered by the transitional national plan are not required to comply with the emission limit values referred to in Article 4 (2) in respect of the pollutants covered by the plan or, where appropriate, of the compliance with the desulphurisation rates referred to in Article 45.

At least the emission limit values laid down in the integrated environmental authorisation of the combustion plant, applicable on 31 December 2015, for sulphur dioxide, nitrogen oxides and nitrogen oxides shall be maintained. the particles, in particular, according to the requirements of Law 16/2002 of 1 July and of Royal Decree 430/2004 of 12 March.

combustion plants with a rated thermal input of more than 500 MW, which consume solid fuels, the initial substantive approval of which has been granted after 1 July 1987, shall comply with the requirements of this Directive. the emission limit values for the nitrogen oxides set out in Part 1 of Annex 3.

3. For each of the polluting agents it covers, the transitional national plan shall set a maximum limit of the maximum total annual emissions for all the installations covered by the plan, depending on the rated thermal power total at 31 December 2010, of the actual annual operating hours and the fuel use of each installation, calculated on the basis of the average of the last ten years of operation up to and including 2010.

The ceiling for the year 2016 shall be calculated on the basis of the relevant emission limit values referred to in Annexes III to VII to Royal Decree 430/2004 of 12 March, or, if applicable, on the basis of desulphurisation indices mentioned in Annex III to the royal decree. In the case of gas turbines, on the emission limit values applicable to the nitrogen oxides mentioned in relation to the corresponding installations in Part B of Annex VI to Royal Decree 430/2004 of 12 March. The ceilings for the year 2019 and 2020 shall be calculated on the basis of the relevant emission limit values referred to in Part 1 of Annex 3 to this Royal Decree or, where applicable, the desulphurisation rates referred to in Annex 3, Part 5. Ceilings for the years 2017 and 2018 shall be fixed by foreseeing a linear decrease in ceilings between 2016 and 2019.

The transitional national plan shall be drawn up by reference to Commission Implementing Decision 2012/115/EU of 10 February 2012 laying down the rules for transitional national plans to be implemented by the Commission. refers to Directive 2010 /75/EU of the European Parliament and of the Council on industrial emissions.

The closure of a facility included in the transitional national plan, or its exclusion from the scope of this Chapter V, will not result in an increase in the total annual emissions from the remaining installations covered by the plan. transitional national plan.

4. The transitional national plan shall also contain control and information provisions and the measures envisaged for each of the facilities included therein, in order to ensure that the limit values for the issuance applicable as of 1 July 2020.

5. Once the European Commission has approved the transitional national plan drawn up by the Ministry of Industry, Energy and Tourism and the Ministry of Agriculture, Food and the Environment, the Council of Ministers, acting on a proposal from both ministries, will approve the transitional national plan.

The Minister of Industry, Energy and Tourism and the Minister of Agriculture, Food and Environment, within the scope of their respective competences, may establish, for the combustion plants included in the said plan, the precise conditions and requirements for compliance. Any amendments to the said plan shall be communicated to the European Commission.

Article 47. Limited lifetime exemption.

1. During the period from 1 January 2016 to 31 December 2023, combustion plants may be exempted from compliance with the emission limit values referred to in Article 4 (2) and, where appropriate, from the emission limit values referred to in Article 4 (2). rates of desulphurisation referred to in Article 45, and of their inclusion in the transitional national plan referred to in Article 46, provided that the following conditions are met:

(a) The holder of the combustion plant must be committed, by written declaration to the competent authority, no later than 1 January 2014, not to operate the installation more than 17,500 hours operation from 1 January 2016 until, at the latest, on 31 December 2023. However, the holder of the installation may withdraw that declaration by waiving the application of the said derogation until 1 October 2015.

(b) From 1 January 2016, the holder of the installation shall submit each year to the competent body, a history of the number of hours of operation.

(c) The emission limit values for sulphur dioxide, nitrogen oxides and particulates set out in the integrated environmental authorisation of the combustion plant as applicable on 31 December 2015, in particular with The requirements of Law 16/2002 of 1 July and of Royal Decree 430/2004 of 12 March must be maintained for at least the rest of the operational life of the combustion plant. Combustion plants with a rated thermal input of more than 500 MW which consume solid fuels, the initial substantive approval of which has been granted after 1 July 1987, shall comply with the limit values for emission of nitrogen oxides as set out in Annex 3, Part 1.

(d) The combustion plant has not been subject to the granting of one of the exemptions under Article 5.4 of Royal Decree 430/2004 of 12 March.

2. In the case of a combustion plant which forms part of a small isolated network on 6 January 2011 and which at that date produces at least 35% of the electricity supply of that network, which, due to its technical characteristics, is incapable of comply with the emission limit values referred to in Article 44.2, the number of hours of operation referred to in paragraph 1.a) shall be 18,000 from 1 January 2020 until, at the latest, 31 December 2023, and the date of referred to in paragraph 1 (b) shall be 1 January 2020.

3. The holder of the combustion plant referred to in the previous paragraph shall, by means of a written declaration submitted to the competent body, undertake by 1 January 2018 at the latest not to operate the installation more than 18,000 hours of operation from 1 January 2020 until, at the latest, 31 December 2023.

4. In the case of a combustion plant with a total rated thermal power exceeding 1,500 MW, which has begun to operate before 31 December 1986 and which uses national solid fuel with a lower net calorific value at 5,800 kJ/kg, a moisture content of more than 45% by weight, a combined moisture and ash content of more than 60% by weight and a calcium oxide content in ash exceeding 10%, the figure referred to in paragraph 1.a) of the ascending line at 32,000 hours of operation.

5. Before 1 January 2015, the autonomous communities shall send to the Ministry of Industry, Energy and Tourism and the Ministry of Agriculture, Food and Environment a list of the combustion plants to which they apply. First paragraph; the list shall include the total nominal thermal power of the plant, as well as the types of fuels used and the applicable emission limit values for sulphur dioxide, nitrogen oxides and particles.

You must also send annually the history of the operating hours of the facilities that make up the listing, counted from January 1, 2016.

Article 48. Small isolated networks.

1. Until 31 December 2019, combustion plants which are part of a small isolated network on 6 January 2011 may be exempted from the compliance with the emission limit values referred to in Article 44.2, and, where the desulphurisation rates referred to in Article 45. Until 31 December 2019, at least the emission limit values laid down in the integrated environmental authorisation of those combustion plants and applicable on 31 December 2015 shall be maintained, in particular, with the requirements of Law 16/2002, of July 1, and of Royal Decree 430/2004, of March 12.

2. Combustion plants with a rated thermal input of more than 500 MW which consume solid fuels, the initial substantive approval of which has been granted after 1 July 1987, shall comply with the limit values for emission for the oxides of nitrogen laid down in Annex 3, Part 1.

3. The autonomous communities shall forward before 1 November each year to the Ministry of Industry, Energy and Tourism a list of combustion plants forming part of a small isolated network, specifying the total annual consumption of the energy of the small isolated network and the amount of energy obtained through interconnection with other networks.

Article 49. District heating installations.

1. Until 31 December 2022, a combustion plant may be exempt from compliance with the emission limit values referred to in Article 4 (2) and the desulphurisation rates referred to in Article 45, provided that they are complied with. the following conditions:

a) The total rated thermal power of the combustion plant exceeds 200 MW.

(b) The installation has been granted initial substantive approval of construction before 27 November 2002, or its holder has submitted a complete application for the granting of such substantive authorisation before of that date, provided that the implementation of the installation took place before 27 November 2003.

(c) At least 50% of the installation's useful heat output, as calculated on average over a period of five years, is emitted in the form of steam or hot water to a public district heating network.

(d) Until 31 December 2022, at least the emission limit values for sulphur dioxide, nitrogen oxides and particulate matter laid down in the relevant integrated environmental authorisation shall be maintained and applicable on 31 December 2015, in accordance, in particular, to the requirements of Law 16/2002 of 1 July and of Royal Decree 430/2004 of 12 March 2015.

2. By 1 December 2015, the autonomous communities shall send to the Ministry of Industry, Energy and Tourism a list of the combustion plants to which the first paragraph applies. The list shall include their power total rated thermal, as well as the types of fuels used and the applicable emission limit values for sulphur dioxide, nitrogen oxides and particulates.

In addition, they shall report, on an annual basis until 31 December 2022, of the useful heat ratio of each installation produced in the form of steam or hot water to public urban heating networks, expressed in mobile average calculated over the previous five-year period.

Article 50. Geological storage of carbon dioxide.

1. The holders of all combustion plants with a rated electrical power equal to or greater than 300 MW, requesting substantive authorisation after the entry into force of this Regulation, as well as those granted to them by the Substantive authorisation after 25 June 2009, they should assess whether they meet the following conditions:

a) That they have adequate storage sites.

b) That transport facilities are technically and economically viable.

c) That a later adaptation for carbon dioxide capture is technically and economically feasible.

2. If the conditions laid down in paragraph 1 are met, the operator shall reserve sufficient space for the facilities to be placed on the premises in order to be able to locate the equipment necessary for the capture and compression of carbon. The body responsible for granting the integrated environmental authorisation shall determine whether these conditions are met on the basis of the assessment referred to in paragraph 1 by the holder and the other available information, in particular the on the protection of the environment and human health.

Article 51. Procedures for the malfunction or failure of the emission reduction equipment.

1. The integrated environmental authorisations of combustion plants shall include a provision on the procedures relating to the malfunction or breakdown of the emission reduction equipment.

2. In the event of a breakdown, the competent authority shall request the operator to reduce or interrupt the operation of the plant if the normal operation is not restored within 24 hours, or to operate the installation with Low-polluting fuels.

The holder shall notify the competent authority of such circumstances within a period of forty-eight hours from the occurrence of malfunction or failure of the reduction equipment.

The cumulative operating time of the installation without emission reduction equipment shall not exceed 120 hours in a period of 12 months.

The competent body may grant exemptions to the time limits set out in the first and third paragraphs in any of the following cases:

a) When there is a pressing need to maintain energy supply.

(b) Where the combustion plant in which the fault has occurred has to be replaced for a limited period by another which would lead to an overall increase in emissions.

Article 52. Control of emissions into the atmosphere.

1. The measurement, control and evaluation of emissions into the atmosphere of combustion plants, as well as any other value required for their application, shall be carried out in accordance with Annex 3, Part 3.

In particular, the installation and operation of the automatic control equipment shall be subject to an annual control test as set out in Annex 3, Part 3.

The competent authority shall determine the location of the measurement and sampling points to be used for the control of emissions, in accordance with the laws and regulations in force.

2. In order to ensure that emissions measurements are consistent and comparable, the Ministers for Industry, Energy and Tourism and for Agriculture, Food and the Environment, in the field of their respective competences, will establish the procedures and requirements for the measurement and assessment of emissions from combustion plants.

3. All emission control results shall be recorded, processed and presented in such a way as to enable the competent body to verify compliance with the operating conditions and the emission limit values laid down in the integrated environmental authorization.

Article 53. Compliance with the emission limit values.

The emission limit values shall be considered to have been respected if the conditions laid down in Annex 3, Part 4 are met.

Article 54. Combustion plants with mixed boiler.

1. In the case of combustion plants equipped with a mixed boiler involving the simultaneous use of two or more fuels, the integrated environmental authorisation shall establish the emission limit values following the steps taken indicate below:

(a) First, taking the emission limit value for each fuel and each pollutant, corresponding to the total rated thermal input of the entire combustion plant, as set out in Annex 3, Parts 1 and 2.

b) Second, determining the fuel-weighted emission limit values. These values shall be obtained by multiplying the individual emission limit values referred to in point (a) above by the thermal input supplied by each fuel and by dividing the product of the multiplication by the sum of the thermal power supplied by all fuels.

c) Third, adding fuel-weighted emission limit values.

2. In the case of combustion plants fitted with mixed boilers covered by Article 44.2, using the distillation and conversion residues of crude oil refining, alone or with other fuels, for their own consumption, the the following average emission limit values may be applied instead of the emission limit values set in accordance with paragraph 1:

(a) If during the operation of the combustion plant, the proportion in which the determining fuel contributes in the sum of the thermal power supplied by all fuels is 50% or more, the the emission value shall be that set out in Annex 3, Part 1, for the determining fuel.

(b) If the proportion in which the determining fuel contributes in the sum of the thermal power supplied by all fuels is less than 50%, the emission value shall be determined in accordance with the rules following:

1. Taking the emission limit values set out in Annex 3, Part 1, for each of the fuels used, corresponding to the sum of the total thermal power of the combustion plant.

2. Āŗ Calculating the emission limit value of the determining fuel, multiplying the emission limit value, determined for that fuel according to paragraph 1, by two, and subtracting from the result the limit value emission of the fuel used with the lowest emission limit value set out in Part 1 of Annex 3, corresponding to the sum of the total thermal power of the combustion plant.

3. Deending the fuel-weighted emission limit value for each fuel used, multiplying the emission limit value determined in the incisos 1. Āŗ and 2. Āŗ by the thermal power of the fuel that is the product of this multiplication by the sum of the thermal powers supplied by all fuels.

4. Āŗ Adding the fuel-weighted emission limit values determined in paragraph 3.

3. In the case of combustion plants fitted with mixed boilers covered by Article 44.2, using the distillation and conversion residues of crude oil refining, alone or with other fuels, for their own consumption, the the average emission limit values for sulphur dioxide set out in Annex 3, Part 7, may be applied instead of the emission limit values laid down in accordance with paragraphs 1 or 2.

Article 55. Communication of information to the European Commission.

1. From 1 January 2016, the Ministry of Industry, Energy and Tourism and the Ministry of Agriculture, Food and the Environment, within the scope of their respective competences, shall establish an annual inventory of emissions of sulphur, oxides of nitrogen and particulate matter, as well as energy consumption, of all combustion plants covered by Annex 3, with the purpose of their referral to the European Commission.

2. Taking into account the addition rules set out in Article 43, the competent authority shall obtain from each combustion plant the following data, which shall be forwarded to the Ministry of Industry, Energy and Tourism and to the Ministry of Agriculture, Food and Environment, through the PRTR-Spain Register:

a) The total rated thermal power in MW of the combustion plant.

b) The type of combustion plant: boiler, gas turbine, gas engine, diesel engine and others, indicating type.

c) The start date of the combustion installation.

(d) The annual total emissions in tonnes per year of sulphur dioxide, nitrogen oxides and total particulate matter in suspension.

e) The number of hours of operation of the combustion installation.

(f) The total annual energy consumption, in relation to net calorific value in TJ per year, broken down according to the following fuel categories: coal, lignite, peat, biomass, other solid fuels for which the type, liquid fuels, natural gas and other gases must be indicated, indicating the type.

3. The Ministry of Industry, Energy and Tourism and the Ministry of Agriculture, Food and the Environment will forward to the European Commission, on request, the annual data for each facility collected in these inventories, as well as a summary every three years. years within the 12 months following the end of the three-year period in question. This summary shall indicate separately the data from the combustion plants integrated into refineries.

4. From 1 January 2016, the Autonomous Communities shall report annually to the Ministry of Industry, Energy and Tourism and to the Ministry of Agriculture, Food and Environment, the following data:

(a) For the combustion plants to which it applies in Article 45, the sulphur content of the national solid fuel used and the desulphurisation rate achieved, on the basis of a monthly average. For the first year of application of Article 45, the technical justification for the unfeasibility of compliance with the emission limit values referred to in Article 44.2 and 3 shall also be communicated.

(b) For installations that do not operate more than 1,500 hours per year, as a moving average over a period of five years, the number of operating hours per year. In the case of installations covered by the transitional national plan provided for in Article 46, the period referred to above shall start from the date on which the installation ceases to be received, or where the plan has been completed, from the date on which the installation is completed. of 1 July 2020.

(c) For installations covered by the transitional national plan which after the completion of the plan do not operate more than 1,500 hours per year, calculated as a moving average for a period of five years from the date on which the installation no longer be welcomed to or since the transitional national plan has been completed, the number of hours of operation per year.

The Ministry of Industry, Energy and Tourism, and the Ministry of Agriculture, Food and Environment, will forward annually to the Commission the data referred to in this section.

5. Before 1 January 2016, the Ministry of Industry, Energy and Tourism and the Ministry of Agriculture, Food and the Environment shall communicate to the European Commission the list of combustion plants to which the Commission applies. Article 47.1 and the list of combustion plants to which Article 49.1 applies. From 1 January 2016, the history of the number of hours of operation of the premises of each of the listings shall be transmitted annually.

6. Furthermore, the Ministry of Industry, Energy and Tourism and the Ministry of Agriculture, Food and the Environment, within the scope of their respective powers, and without prejudice to the powers assigned to other bodies, may adopt the provisions necessary to regulate the form of reference of the information which the holders of the combustion plants should refer to them.

CHAPTER VI

Special provisions for titanium dioxide production facilities

Article 56. Scope of application.

This chapter will apply to installations that produce titanium dioxide.

Article 57. Prohibition of the disposal of waste.

The emission of the following wastes to any mass of water, sea or ocean shall be prohibited:

a) Solid waste.

(b) The process waters from the filtration phase after hydrolysis of the titanium sulphate solution from installations applying the sulphate process, including the acid residue associated with the sulphate waters, with a global content exceeding 0,5% free sulphuric acid and different heavy metals and including those waste water which have been diluted until they contain 0,5% or less of free sulphuric acid.

(c) Waste from installations applying the chlorine process containing more than 0,5% free hydrochloric acid and different heavy metals, including the residue which has been diluted until it contains 0,5% or less free hydrochloric acid.

(d) filtration salts, limos and liquid wastes from the treatment of concentration or neutralisation of the waste referred to in points (b) and (c) and containing different heavy metals but not including neutralised and filtered or decanted waste containing only traces of heavy metals and which, before any dilution, have a pH value of more than 5,5.

Article 58. Control of emissions to water.

1. Emissions from water installations shall not exceed the emission limit values set out in Annex 4, Part 1.

2. In the integrated environmental authorisation, emission limit values may be set for parameters other than those referred to in Annex 4, Part 1, where the competent bodies in the field of discharges into the aquatic environment consider that the emission limit values parameters are characteristic of the spill.

Article 59. Prevention and control of emissions into the atmosphere.

1. The emission of small acid drops from the facility should be avoided.

2. Emissions into the atmosphere of the facilities shall not exceed the emission limit values set out in Annex 4, Part 2.

Article 60. Control of emissions.

1. The competent bodies shall monitor the emissions to water in order to verify compliance with the conditions of the integrated environmental authorisation and those of Article 58.

2. The competent bodies shall monitor emissions into the atmosphere in order to verify compliance with the conditions of the integrated environmental authorisation and those of Article 59. This control shall include at least the measurement of emissions according to Annex 4, Part 3.

3. Chemical analysis methods, including field and laboratory methods used for the purpose of emission monitoring, shall be validated and documented in accordance with EN ISO/IEC-17025 or other accepted equivalent standards. internationally.

All methods of analysis applied shall be based on a measurement uncertainty of 50% or less (k= 2) estimated at the level of the emission limit values and a limit of quantification equal to or less than 30% of the relevant emission limit values.

In the absence of an analysis method that meets the above criteria, the analyses will be carried out following the best available techniques that do not carry disproportionate costs.

ATTACHED 1

Categories of activities and facilities referred to in Article 2 of Law 16/2002 of 1 July on integrated pollution prevention and control

Note: the threshold values mentioned in each of the related activities in the following table relate, in general, to production capacity or to products. If the same holder carries out several activities of the same category at the same facility, the capacities of those activities shall be added. For waste management activities this calculation shall apply to the installations included in the headings 5.1, 5.3 and 5.4.

industries that have facilities for the manufacture of any of these products, whether or not their main activity is, and regardless of whatever the starting raw material, the process followed or, when they involve chemical or biological transformation

intended for the production of food for humans and animals from materials of plant origin, whether fresh, frozen, preserved, pre-cooked, dehydrated or fully prepared. Among these facilities are those dedicated to the activities of:

-Production of juices, jams and preserves from fruits and vegetables.

-Production of pre-cooked food, the main components of which are of plant origin (vegetables or pulses).

-Production of fruit or seed oils, including extraction activities from pomace and refined of the different types of oils, exclusively intended for food human or animal.

-Production of flours for the manufacture of food or animal feed, with separation of the different components of the ground grains (husks, flour, gluten, etc.) and the preparation of special foods from flours, as well as the production of different types of rice for human consumption.

-Production of bread and other products of bolleria or semi-finished products from flours different cereals.

-Production of raw materials for fermentations (starches).

-Production of malt and beer.

-Elaboration of musts and wine of grapes and ciders.

-Fermentation and distilleries for Alcohols for the production of high-grade distilled beverages.

-Production and refining of sugar from beet or cane, including the use of molasses for distillation.

-Production of non-alcoholic beverages (fruit juices and soft drinks

-Production of cocoa derivatives.

-Elaboration of coffee derivatives (roasting, soluble coffee production or decaffeinated coffee).

-Food production for animals based primarily on materials

plant premiums

law 16/2002 assets, July 1.

TYPE OF INDUSTRIES AND INSTALLATIONS INCLUDED

1. COMBUSTION PLANTS

1.1 COMBUSTION INSTALLATIONS WITH A TOTAL RATED THERMAL POWER EQUAL TO OR GREATER THAN 50 MW:

Installations dedicated to the production of thermal energy by the combustion of any type of fossil fuel and the different types of biomass, as well as by the co-incineration of waste. The obtained thermal energy can be used directly in the form of heat or transformed into other useful forms of energy (mechanical, electrical, ..) by determined thermal cycles

1.2 Oil and Gas Refineries:

Facilities for crude oil refining, oriented to obtain different types of products, from gases to liquid and solid products used as fuels, fuels or as raw materials

a) Installations for oil or petroleum crude refining.

b) Installations for the production of fuel gas other than natural gas and liquefied petroleum gases

1.3 Coqueries.

1.4 Gasification and liquefaction installations of:

Installations dedicated to the production of combustible gases by partial combustion from coal or other fuels. The gas produced can be subsequently treated for use as raw material in chemical processes, or dedicated to energy recovery by combustion in boilers or in turbines or thermal engines.

This group includes facilities such as coal distillation, with obtaining condensed liquid products

) Carbon.

2. PRODUCTION AND TRANSFORMATION OF METALS

2.1 FACILITIES FOR THE CALCINATION OR SINTERING OF METALLIC MINERALS INCLUDING SULPHUR ORE.

2.2 Facilities for the production of cast or raw steels (primary or secondary fusion), including the corresponding continuous casting facilities of a capacity of more than 2,5 tonnes per hour.

Steel industry or production of alloys of iron by primary or secondary fusion, such as:

-Arrabium Obtention in High Okilns.

-Getting steel into converters.

- Harvesting and removing slag.

- Direct transformation of steel scrap into electric furnaces

2.3 Facilities for the transformation of ferrous metals:

) Hot-rolled with a capacity exceeding 20 tons of raw steel per hour.

Facilities for production, manufacturing, or processing of ferrous metals and alloys by hot rolling, for the production of products semi-finished or processed

b) Forged with hammers whose impact energy is greater than 50 kilojoules per hammer and when the thermal power used is greater than 20 MW.

Installations for the production of forged parts.

The thermal power used as the sum of the thermal power installed in all furnaces shall be considered.

c) Application of molten metal protection layers with a treatment capacity of more than 2 tonnes of raw steel per hour.

galvanized industries or installations and those in which the steel coating is produced, with layers of other metal Molten metal, to improve its characteristics, fundamentally in the face of corrosion

2.4 ferrous metal funditions with a production capacity of more than 20 tons per day.

Iron, steel and other ferrous metals, for the making parts, objects, or accessories

2.5 Installations:

) For the production of non-ferrous raw metals from ores, concentrates or secondary raw materials by means of metallurgical, chemical or electrolytic processes.

Facilities for the production and first processing of non-ferrous metals (aluminium, copper, lead, zinc, nickel, chromium, manganese, precious metals or other metals) from minerals or concentrates of minerals, such as those obtained in processes using secondary raw materials

) For the fusion of non-ferrous metals, including alloy, as well as recovery products and other processes with a melting capacity of more than 4 tonnes for lead and cadmium or 20 tonnes for all other metals, per day.

Facilities for obtaining finished or semi-finished products base metal or alloys (including the formation of these), by hot processes

2.6 Facilities for the surface treatment of metals and plastic materials by Electrolytic or chemical procedure, when the volume of the buckets or complete lines for the treatment used is greater than 30 m3.

Industry or production facilities, processors or manufacturers of any type of metal or plastic object which they perform or several of these types of treatments.

For the calculation of the capacity of the buckets, the sum of the volumes of all the installation, except the washing buckets, will be considered.

3. MINERAL INDUSTRIES

3.1 PRODUCTION OF CEMENT, LIME AND MAGNESIUM OXIDE:

A) I) MANUFACTURING OF CEMENT BY MILLING WITH A HIGHER PRODUCTION CAPACITY THAN 500 tonnes per day;

ii) manufacture of clinker in rotary kilns with a production capacity exceeding 500 tonnes per day, or in other furnaces with a production capacity exceeding 50 tonnes per day day.

Installations dedicated to production clinker or cement, including clinker grinding plants for cement production when that is not integral part of the installation

b) production of lime in ovens with a production capacity greater than 50 tons daily.

lime-making facilities

c) production of magnesium oxide in furnaces with a production capacity exceeding 50 tons per day.

3.2 No Content

3.3 Facilities for the manufacture of glass including fiberglass, with a melting capacity exceeding 20 tonnes per day.

Facilities for the manufacture of glass hollow glass (bottles, jars, flasks), flat glass, domestic glass, decorative glass, tube glass, fiberglass (continuous filament of glass for reinforcement), frits, glass for technical use, insulators, glass for lighting and signalling and any other type of glass

3.4 Facilities for the smelting of mineral materials, including the manufacture of mineral fibres with a melting capacity exceeding 20 tonnes per day.

Facilities for the manufacture of ceramic products by baking, in particular tiles, bricks, refractory, tiles, ceramic stoneware or ornamental or domestic ceramic products, with a production capacity exceeding 75 tonnes per day, or a baking capacity of more than 4 m3 and more than 300 kg/m3 load density per oven.

All manufacturing facilities for ceramic products, by baking such as refractory materials, tiles and tiles, bricks, tiles and other cooked-earths products, ceramic sanitary appliances, ceramic articles of domestic use, and ornamental, porcelains, ceramic articles of technical use, insulators and ceramic insulating pieces, calcined clays, as well as those that manufacture any other type of ceramic piece. The affected facilities will have:

-a capacity of more than 75 tons/day, or

-a baking capacity greater than 4 m3 with an oven load density greater than 300 Kg/m3

4. CHEMICAL INDUSTRIES. The manufacture, for the purposes of the categories of activities of this standard, designates the manufacture on an industrial scale, by chemical or biological transformation of the products or groups of products referred to in the headings 4.1 to 4.6.

4.1 Chemical installations for the manufacture of organic chemicals, in particular:

b) Oxygenated hydrocarbons, such as alcohols, aldehydes, ketones, organic acids, esters and mixtures of acetates, ethers, peroxides, epoxy resins.

c) Sulphurated hydrocarbons.

d) Nitrogen hydrocarbons, in particular amines, amides, nitrous, nitrous or nitrate compounds, nitriles, cyanates and isocyanates.

e) Hydrocarbons (f) Halogenated

.

g) Metal organic compounds.

Chemical installations and any other sector of activity with manufacturing facilities, by chemical transformation or organic products of any kind that is the starting raw material or the process followed

h) Plastic materials (polymers, synthetic fibers, cellulose-based fibers).

Chemical installations and any other sector of The invention relates to an activity dedicated to the production of polymer products, synthetic fibres and cellulose-based fibres, whatever the starting raw material and the process followed

) Cauchos synthetic.

Industries or installations that manufacture or produce synthetic rubber in primary form

j) Colorants and pigments.

Installations dedicated to the production of dyes and pigments organic, whatever the starting raw material and its final

) Tensioassets and surface agents.

Chemical installations and of any other sector of activity engaged in the production of these products, whatever the raw material of departure and regardless of their production capacity

4.2 Chemical installations for the manufacture of inorganic chemicals such as:

) Gases and, in particular, ammonia, chlorine, or hydrogen chloride, hydrogen fluoride or fluoride, carbon oxides, sulfur compounds, oxides of nitrogen, hydrogen, sulphur dioxide, carbonyl dichloride.

b) Aides and in particular, chromic acid, hydrofluoric acid, phosphoric acid, nitric acid, hydrochloric acid, the Sulphuric acid, the sulphuric acid, the sulphurised acids.

d) Sales such as ammonium chloride, potassium chlorate, potassium carbonate (potash), the sodium carbonate (soda), perborates, Argentine nitrate.

Chemical industries and any other sector of activity, with facilities for the manufacture of any of these products, which involve chemical or biological transformation whatever the starting raw material, or the process followed

) Non-metals, metal oxides, or other inorganic compounds such as calcium carbide, silicon, silicon carbide.

4.3 Chemical facilities for the manufacture of phosphorus, nitrogen or potassium-based fertilizers (simple fertilizers or compounds).

Chemical and chemical industries any other sector of activity, with facilities for the manufacture of any of these products, involving chemical or biological transformation whatever the starting raw material or process followed

4.4 Chemical installations for the manufacture of products

4.5

installations using a chemical process or biological for the manufacture of medicinal products, including intermediate products.

4.6 Chemical installations for the manufacture of explosives.

Chemical industries that have facilities for production of any type of explosive, when they involve chemical transformation

5. WASTE MANAGEMENT

5.1 FACILITIES FOR THE RECOVERY OR DISPOSAL OF HAZARDOUS WASTE, WITH A CAPACITY OF MORE THAN 10 TONS PER DAY THAT PERFORM ONE OR MORE OF THE FOLLOWING activities:

a) Biological treatment;

b) Physical-chemical treatment;

c) Combination or mixing prior to the operations mentioned in the headings 5.1 and 5.2;

d) Prepackaging prior to any of the operations referred to in headings 5.1 and 5.2;

e) Recovery or regeneration of solvents;

f) Recycling or recovery of inorganic materials other than metals or metal compounds;

g) Regeneration of acids or bases;

h) Valorization of components used to reduce pollution;

i) Valorization of components from catalysts;

j) Regeneration or reuse of oils;

k) Surface reservoir (e.g., dumping of liquid waste or sludge in wells, ponds or lagoons, etc.).

Facilities included in the scope of application of Law 22/2011 of 28 July 2011, which carry out any of the following activities for the recovery or disposal of hazardous waste, listed in Annexes I and II:

-Recovery or solvent regeneration (R2).

-Recovery or recycling of inorganic materials other than metal (R5), including soil cleaning resulting in soil recovery and the recycling of inorganic building materials.

-Regeneration of acids or bases (R6).

-Valorization of components used to reduce pollution (R7).

-Valorization of components from catalysts (R8).

-Regeneration or other new use of oils, such as lubricants (R9).

-Biological treatments prior to other removal processes (D8).

-Physical-chemical treatments prior to other removal processes (D9).

-Surface reservoir (e.g., dumping of liquid or sludge waste in wells, ponds or lagoons, etc.) (D 4).

-Combination or mixing prior to the operations referred to in the headings 5.1 and 5.2 (D 13).

-Repackaging prior to any of the operations referred to in the headings 5.1 and 5.2 (D 14).

-R12 combination, mixing, repackaging, prior to recovery

5.2 Facilities for the recovery or disposal of waste in plants Waste incineration or co-incineration:

) For non-hazardous waste with a capacity greater than three tons per hour;

b) For hazardous waste with a capacity exceeding 10 tonnes per day

5.3 Non-hazardous waste disposal facilities with a capacity of more than 50 tons per day, including one or more of the following activities, excluding those included in Royal Decree-Law 11/1995 of 28 December, laying down the rules applicable to the treatment of urban waste water:

) Biological Treatment

b) Treatment physico-chimic;

c) Pre-incineration or co-incineration treatment;

d) Scurd and ash treatment;

) Treatment of metal waste shredders, including electrical and electronic waste, and end-of-life vehicles and components

) Biological treatment;

b) Pre-incineration or incineration co-incineration;

c) Treatment of slag and ashes

d) Treatment in metal waste shredders, including electrical and electronic waste, and end-of-life vehicles and components

When the only waste treatment activity that takes place in the installation is anaerobic digestion, the capacity thresholds for this activity will be 100 tons per day

5.5 Landfills of all types of waste that receive more than 10 tons per day or have a total capacity of more than 25,000 tonnes excluding inert waste dumps.

Landfill of hazardous waste and non-hazardous waste, including, in the latter case, those in municipal or municipal waste, as defined in Royal Decree 1481/2001 of 27 December 2001, which regulates the disposal of waste by landfill.

5.6 Temporary storage of hazardous waste not covered under heading 5.5 on standby for the application of any of the treatments referred to under heading 5.1, 5.2, 5.5 and 5.7, with a total capacity exceeding 50 tonnes, excluding temporary storage, pending collection, at the site where the waste is generated.

5.7 Subsurface storage of hazardous waste with a total capacity exceeding 50 tons.

. TIMBER INDUSTRY

6.1 INDUSTRIAL INSTALLATIONS FOR THE MANUFACTURE OF:

FACILITIES PRODUCING PASTA of any kind (bleached, semi-milled, or raw) by mechanical or chemical processes, from natural raw materials such as wood and other natural fibres or from recovered fibres

a) Paper Pasta from wood or other fibrous materials.

b) Paper or cardboard with a production capacity of more than 20 tons per day.

Facilities for production of:

-Any type of paper from any paper paste of any of the types mentioned in the previous point with the possible presence of other additives.

-Any type of cardboard from paper pulp and other additives, for industrial uses such as packaging and packaging etc.

6.2 Cellulose production facilities with one production capacity exceeding 20 tonnes per day.

Facilities for the production of cellulose from wood or plant fibres

6.3 Industrial installations for the manufacture of one or more of the following panels wood derivatives: oriented wood chip boards, agglomerated boards or compressed cardboard boards, with a production capacity exceeding 600 m3 per day.

7. TEXTILE INDUSTRY

PRETREATMENT FACILITIES (WASHING, BLEACHING, MERCERIZATION OPERATIONS) OR FOR THE DYEING OF FIBRES OR TEXTILE PRODUCTS WHEN THE CAPACITY OF treatment exceeds 10 tons a day.

Facilities for the preparation and pretreatment of natural and synthetic fibers, as well as textile products or those for dye and treatment finished

8. LEATHER INDUSTRY

8.1 FACILITIES FOR THE TANNING OF HIDES WHEN THE TREATMENT CAPACITY EXCEEDS 12 TONS OF FINISHED PRODUCTS PER DAY.

Installations dedicated to the raw skin transformation of animals in leather

9. AGRI-FOOD INDUSTRY AND LIVESTOCK FARMS

9.1 FACILITIES FOR:

Meat industries for slaughter, for human consumption, of animals of the bovine, equine, porcine, ovine, caprine, poultry and cunicultural species, including industries intended for conservation and manufacture of meat products with facilities for animal slaughter of the above species, whether or not their main activity is

) Treatment and processing, other than the packaging, of the following raw materials, whether or not treated in advance, for the manufacture of food or feed from:

i) Animal raw material (other than exclusively milk) of a production capacity of finished products exceeding 75 tonnes/day;

Facilities for the production of food for humans or animals from materials. Among others, are the activities aimed at:

-Elaboration and preparation of frozen or refrigerated meat and fish products.

-Manufacture of preserved meat Meat and fish products.

-Manufacture of preserved and cured foods.

-Preparation of pre-cooked, dehydrated, reconstituted or powdered food on the basis of matter animal premium (meat, fish, eggs).

-Preparation of food cooked and ready to eat, of animal origin.

-Manufacture of edible fats and oils of animal origin intended for human consumption.

-Manufacture of feed for animals when the majority component is of animal origin

ii) Plant raw material of a finished product production capacity exceeding 300 tonnes per day or 600 tonnes in case the installation works for a period not exceeding 90 days

iii) Animal raw materials only and plants, both in combination products and separately, with a product production capacity finished in tons per day greater than:

-75 if A is equal to or greater than 10, or

-[300-(22.5 Ɨ A)] in any other case.

Where "A" is the portion of animal material (as a percentage of the weight) of the production capacity of finished products.

The packaging shall not be included in the final weight of the product.

This subsection shall not be application when raw material is only milk.

[graphic omitted]

c) Processing and processing only milk, with a quantity of milk received greater than 200 tons per day (average annual value).

Facilities for the manufacture of dairy products and their derivatives (milk, evaporated or powdered milk, cheeses, serums, casein, curd, butter, ice cream, yogurt, curds, cream, beverages from milk and other products, production of dairy products for the manufacture of food for animals, etc..

9.2 Facilities for the disposal or use of animal carcasses or carcasses with a treatment capacity exceeding 10 tonnes/day.

Facilities for intensive breeding of poultry or pigs that have more than:

) 40,000 places if it is hens laying or the equivalent number in nitrogen excreta for other productive guidance of poultry.

Livestock facilities dedicated to breeding and fattening, in intensive, all types of birds, both for the production of meat and for the production of eggs or for reproduction.

The equivalent number for other birds is as follows:

-85,000 chickens fattening

b) 2,000 places for bait pigs of more than 30 kg.

c) 750 places for breeding sows.

Livestock installations dedicated to the breeding and fattening of pigs in intensive farms.

The equivalent in contamination for minor pigs:

-2,500 places of bait pigs over 20 kg.

10. CONSUMPTION OF ORGANIC SOLVENTS

FACILITIES FOR SURFACE TREATMENT OF MATERIALS, OBJECTS OR PRODUCTS USING ORGANIC SOLVENTS, IN PARTICULAR FOR Prepare them, stamp them, coat and degreasing them, waterproofing them, canning, cleaning or impregnating them, with an organic solvent consumption capacity of more than 150 kg of solvent per hour or more than 200 tonnes/year.

Installations in which treatment is carried out surfaces using organic solvents either in the different stages of manufacture (pasting, lacquering, etc.), either for surface cleaning (degreasing) or for the homogeneous dispersion of substances on the surfaces, with the purpose of painting them or giving a surface finish. These activities have in common the evaporation of the solvent into the atmosphere (with or without subsequent recovery) which is one of the direct causes of emissions into the atmosphere of volatile organic compounds.

More important activities are, among others:

-Installations for application on various paint surfaces, adhesives or coatings, in industries such as automotive, vehicles and other types of machinery and mechanical or electrical equipment.

- Facilities for the application of solvents for washing or cleaning surfaces.

-Graphic industry.

-Wood industry, including the manufacture of boards.

-Natural or synthetic rubber transformation industry

11. CARBON INDUSTRY

11.1 Facilities for Sintered Carbon Manufacturing or Combustion Electrographite or Graffiti.

Among These Installations are the manufacture of graphite electrodes for use in electric furnaces or carbon fibre manufacturing for special constructions, etc.

12. WOOD CONSERVATION INDUSTRY

CONSERVATION OF WOOD AND WOOD PRODUCTS USING CHEMICALS, WITH A PRODUCTION CAPACITY EXCEEDING 75% m3 daily, other than treatments to combat the albura exclusively.

13. WATER

Independent Wastewater Treatment, not contemplated in urban waste water legislation, and discharged by a facility contemplated in the present attached.

14. CO2CAPTURE

Capture of CO2 flows from installations included in this Annex for geological storage purposes under the Act 40/2010, of December 29, of geological storage of carbon dioxide.

ATTACHED 2

Technical provisions for incineration or co-incineration plants

Part 1. 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:

Toxic equivalence

2,3,7,8 Tetrachlorodibenzodioxin (TCDD)

1

1,2,3,7,8 Pentachlorodibenzodioxin (PeCDD)

0.5

1,2,3,4,7,8 Hexachlorodibenzooxoxin (HxCD D)

0.1

1,2,3,6,7,8 Hexachlorodibenzodioxin (HxCD D)

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)

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

1,2,3,6,7,8 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 Heptaclodibenzofuran (HpCDF)

0.01

1,2,3,4,7,8,9 Heptaclodibenzofuran (HpCDF)

0.01

-Octaclodibenzofuran (OCDF)

0.001

Part 2. Determination of emission limit values to the atmosphere for the co-incineration of waste

The following formula (mixing rule) will be applied 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 CO in waste gases from the co-incineration of waste shall be calculated as follows:

(Vresidue x Cresidue + Vprocess x Cprocess)/(Vresidue + Vprocess) = C

ā€¢ Vresidue: the volume of waste 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 set out in Chapter IV.

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, when incinerated, generates 10% heat, keeping the total heat generated constant.

ā€¢ Cresidue: the emission limit values set out in Part 5 in respect of waste incineration plants

ā€¢ Process: the volume of waste 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 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 waste gases must be used, without it being diluted by unnecessary air injection for the process.

ā€¢ Process: the emission limit values set out in the tables of this Annex for certain industrial activities or, in the absence of such tables or values, the emission limit values for installations that comply with the requirements national laws, regulations and administrative provisions applicable to such installations when they burn the authorised fuels normally (excluding 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.

ā€¢ C: the total emission limit values for an oxygen content set out in the tables of this Annex for certain industrial activities and certain pollutants or, in the absence of such tables or values, the values the total emission limit which replaces the emission limit values set out in the relevant parts of this Annex. 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.

All emission limit values shall be calculated at a temperature of 273,15 K, a pressure of 101,3 kPa and after correction of the water vapour content of the waste gases.

1. Special provisions for cement kilns in which waste is co-incinerated.

1.1 The emission limit values set out in points 1.2 and 1.3 shall be applied as daily average values for total particulates, HCl, HF, NOx, SO2 and COT (for continuous measures), as mean values the length of a sampling period of a minimum of 30 minutes and a maximum of 8 hours for heavy metals and as average values over a sampling period of a minimum of 6 hours and a maximum of 8 hours for dioxins and furans.

All values are normalized to 10% oxygen, for combustion gases from the oven.

Half-time average values will only be needed to calculate the daily average values.

1.2 C: Total emission limit values:

HF

Cd + Tl

Hg

C

Particles

HCl

10 mg/Nm

1 mg/Nm3

NOx

500 mg/Nm3 (1)

0.05 mg/ Nm3

0.05 mg/Nm3

Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V

0.5 mg/Nm3

0.1 ng/Nm

0.1 ng/Nm

(1) Until January 1, 2016, the competent authority may authorize exemptions from the NOx limit value for Lepol ovens and long rotating ovens, provided that the authorization sets a value total NOx emission limit not greater than 800 mg/Nm3.

1.3 Daily media settings for OS2 and COT

C mg/Nm3

2

50

COT

10

The competent body may authorise exemptions in cases where COT and SO2 do not come from the co-incineration of waste.

1.4 Issue limit value for CO.

The competent authority may set emission limit values for CO.

2. Special provisions for combustion plants that match waste.

2.1 Cprocess expressed as daily average values (mg/ Nm3) valid to the date indicated in First transient disposition, paragraph 5.

For the determination of the total thermal power of the combustion plants, the addition standards as defined in Article 43 shall apply. Semi-hourly average values will only be required to calculate the daily average values.

Process for solid fuels with the exception of biomass (content of O2 6%):

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

2

850

200

200

NOx

400

200

200

Particles

50

50

30

30

Cprocess for biomass (content of O2 6%):

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

2

200

200

200

NOx

350

300

200

Particles

50

50

30

30

Cprocess for liquid fuels (O2 3% content):

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

2

850

400 to 200 (100 300 MWth linear decrease)

200

x

400

200

200

Particles

50

50

30

30

2.2 Cprocess expressed as daily average values (mg/Nm3) valid from the date indicated in the first transitional provision, paragraph 6.

For the determination of the total thermal power of the combustion plants, the addition standards as defined in Article 43 shall apply. Semi-hourly average values will only be required to calculate the daily average values.

2.2.1 Cprocess for combustion plants referred to in Article 44.2, with the exception of gas turbines and gas engines:

Process for solid fuels with the exception of biomass (content of O2 6%):

substance

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

2

-

400

for peat: 300

200

200

NOx

-

300

for pulverized lignite: 400

200

200

50

30

25

for peat: 20

20

Cprocess for biomass (content of O2 6%):

substance

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

2

-

200

200

200

x

-

300

250

200

Particles

50

30

20

20

Cprocess for liquid fuels (O2 3% content):

substance

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

2

-

350

250

200

x

-

400

200

150

Particles

50

30

25

25

Centro_table_body "> 20

2.2.2 Cprocess for combustion plants referred to in Article 44.3, with the exception of gas turbines and gas engines:

Process for solid fuels with the exception of biomass (content of O2 6%):

Substance

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

2

-

400

for peat: 300

200

for peat: 300, except in the case of fluid bed combustion: 250

150

for bed combustion circulating or pressure fluid or, in case of peat feeding, for all fluid bed combustion: 200

x

-

300

for peat: 250

200

150

for pulverized lignite combustion: 200

Particles

50

20

20

10

for the peat: 20

Cprocess for biomass (content of O2 6%):

substance

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

2

-

200

200

x

-

250

200

150

Particles

50

20

20

20

Centro_table_body "> 20

Cprocess for liquid fuels (O2 3% content):

substance

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

2

-

350

200

NOTx

-

300

150

100

Particles

50

20

20

20

Centro_table_body "> 10

2.3 C: Total emission limit values for heavy metals (mg/ Nm3) expressed as measured values over a sampling period of a minimum of 30 minutes and a maximum of 8 hours (content of Or2 6% for solid fuels and 3% for liquid fuels).

C

Cd + Tl

Hg

0.05

Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V

0.5

2.4 C: total emission limit values (ng/ Nm3) for dioxins and furans expressed as mean value measured over a sampling period of a minimum of 6 hours and a maximum of 8 hours (contents of O2 6% for solid fuels and 3% for liquid fuels).

c

dioxins and furans

0.1

3. Special provisions for waste co-incineration plants in industrial sectors not covered by paragraph 1 or in paragraph 2 above.

1.1 C: Total emission limit values (mg/ Nm3) for dioxins and furans expressed as mean value measured over a sampling period of a minimum of 6 hours and a maximum of 8 hours.

c

dioxins and furans

0.1

1.2 C: Total emission limit values (mg/ Nm3) for heavy metals expressed as measured values over a sampling period of a minimum of 30 minutes and a maximum of 8 hours:

C

Cd + Tl

Hg

0.05

Part 3. 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 quality assurance of the automatic measurement systems and the reference measurement methods for calibrating them, shall be carried out in accordance with to CEN standards. In the absence of CEN standards, ISO standards or national or international standards shall apply to ensure that data of equivalent scientific quality are obtained. Automatic measurement systems shall be subject to control by means of parallel measurements with reference methods at least once a year.

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%.

Sulfur dioxide: 20%.

Nitrogen dioxide: 20%.

Total Particles: 30%.

Total organic carbon: 30%.

Hydrogen Chloride: 40%.

Hydrogen Fluoride: 40%.

Part 4. Emission limit values for discharges of waste water from the purification of exhaust gases

pollutants

Emissions limit values expressed in mass concentrations for samples

1. Total suspended solids as defined in Royal Decree-Law 11/1995 of 28 December 1995 laying down the rules applicable to the treatment of urban waste water and Royal Decree 509/1996 of 15 March 1996, which was adopted by the Council on 15 March. 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 1.

0,3 ng/l

Part 5. Emission limit values for the atmosphere for waste incineration plants

(a) All emission limit values for the following paragraphs shall be calculated at a temperature of 273,15 K, a pressure of 101,3 kPa and after correction of the water vapour content of the waste gases.

They are normalized to 11% of oxygen in the waste gas except in the case of the incineration of mineral oils used as defined in Article 3 (f) of Law 22/2011, of 28 July, normalized to 3% of oxygen, and in the cases referred to in Article 13.8.

b) Daily average values (mg/ Nm3).

Hydrogen Fluoride (HF)

Particles

10

Substances in Gaseous and vapor state expressed in total organic carbon

10

chloride (HCl)

1

50

Monoxide nitrogen (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 new incineration plants

200

Monoxide of nitrogen (NO) and nitrogen dioxide (NO2), expressed as nitrogen dioxide, for existing incineration plants of nominal capacity not exceeding 6 tonnes per hour

400

c) Semi-hourly average values (mg/ Nm3).

60

10

(100%) A

(97%) B

10

30

organic substances in gaseous state and Steam expressed in total organic carbon

20

60

Hydrogen fluoride (HF)

4

2

sulphur dioxide (SO2)

200

50

oxide (NO) and nitrogen dioxide (NO2), expressed as nitrogen dioxide, for existing incineration plants of nominal capacity exceeding 6 tonnes per hour or for new incineration facilities

400

200

d) All average values measured over a sampling period of a minimum of 30 minutes and a maximum of 8 hours (mg/ Nm3).

cadmium and its compounds, expressed in cadmium (Cd).

Total 0.05

Talio and its compounds, expressed in thallium (Tl).

Mercury and its compounds, expressed in mercury (Hg).

Antimony and its compounds, expressed in antimony (Sb).

Total 0.5

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 composites, expressed in cobalt (Co)

and its compounds, expressed as copper (Cu).

Manganese and its compounds, expressed in manganese (Mn).

and its compounds, expressed in nickel (Ni)

Vanadium and its compounds, expressed in vanadium (V).

These mean values refer to the corresponding emissions of heavy metals, as well as their compounds, both in gaseous and vapor state.

e) 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 1.

dioxins and furans

0.1 ng/Nm3

The following emission limit values for carbon monoxide (CO) concentrations cannot be exceeded in the residual gases:

-50 mg/Nm3 calculated as a daily average value.

-100 mg/Nm3 calculated as a half-time value.

-150 mg/Nm3 calculated as mean value every 10 minutes.

The competent authority may authorise exemptions for waste incineration plants using the fluid bed combustion technology, provided that the authorisation sets an emission limit value for the waste. carbon monoxide (CO) equal to or less than 100 mg/Nm3 as a mean time value.

Part 6. Formula for calculating the corrected concentration of pollutant emissions according to the oxygen content, in accordance with Article 37

Es = [(21-Os)/(21-Om)] x Em

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 (Annex 2, Part 5 (a)) 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 Annex 2, Part 5 (a) 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 will be those that are to be compared with the emission limit values, C total, as set out in Annex 2 parts 2 and 5.

ATTACHED 3

Technical provisions for large combustion plants

Part 1. Emission limit values for the combustion plants referred to in Article 44.2.

1. All emission limit values shall be calculated at a temperature of 273,15 K, a pressure of 101,3 kPa and after correction of the water vapour content of the waste gases and a standard percentage of O2 of 6% in the case of solid fuels, 3% in combustion plants, other than gas turbines and gas engines, which use liquid and gaseous fuels and 15% of gas turbines and gas engines.

2. Emission limit values (mg/ Nm3) of SO2 for combustion plants using solid or liquid fuels with the exception of gas turbines and gas engines:

100-300

nominal thermal power (MW)

Hard coal and lignite and other solid fuels

Biomass

peat

Liquid

50-100

400

200

300

350

250

200

300

250

> 300

200

200

200

200

Combustion plants, which use solid fuels and whose initial substantive approval of construction has been granted before 27 November 2002, or the holders of which have submitted a complete application for the granting of such substantive authorisation before that date, provided that the installation was put into operation no later than 27 November 2003, and that they are not used for more than 1,500 hours of operation per year, as mobile average calculated over a period of five years, must meet an OS emission limit value 2 800 mg/Nm3.

combustion plants using liquid fuels, the initial substantive approval of which has been granted before 27 November 2002 or the holders of which have submitted a complete application for the granting of such a substantive authorisation before that date, provided that the facility has been put into operation no later than 27 November 2003, and that no more than 1,500 hours per year, as a moving average during a period of time, are in operation; five-year period, must meet an emission limit value for OS2 of 850 mg/Nm3 in the case of installations with a total rated thermal power not exceeding 300 MW and 400 mg/Nm3 in the case of installations with a total rated thermal power exceeding 300 MW.

A part of a combustion plant that expresses its waste gases by one or more separate smoke ducts within a common chimney, and which is not used for more than 1,500 hours of operation per year, as a mean It may be calculated over a period of five years, subject to the emission limit values laid down in the two preceding paragraphs, in relation to the total rated thermal power of the entire combustion plant. In such cases, the emissions through each of these smoke ducts shall be controlled separately.

3. Emission limit values (mg/ Nm3) of OS2 for combustion plants using gaseous fuels, with the exception of gas turbines and gas engines:

35

liquefied gas

400

400

Low-heat-powered low-power Gases

200

The combustion plants powered by low-heat gases from the gasification of refinery waste, and whose initial substantive approval of construction has been granted before 27 January. November 2002 or the holders of which had submitted a complete application for the granting of such substantive authorisation before that date, provided that the installation was put into operation no later than 27 November 2003, must meet a limit value for2 800 mg/Nm3.

4. Emission limit values (mg/ Nm3) of NOx for combustion plants using solid or liquid fuels, with the exception of gas turbines and gas engines:

nominal thermal power (MW)

Hard coal and lignite and other solid fuels

Biomass and peat

Liquid

50-100

300

450 (1

300

450

-300

200

250

200 (2

300

200

200

150 (2)

Notes:

(1) In case of pulverized lignite combustion.

(2) The limit value of 450 mg/Nm3 for the combustion of distillation and conversion residues of crude oil for its own consumption in combustion plants of a total rated thermal power more than 500 MW, and the initial substantive approval of the construction has been granted before 27 November 2002 or the holders of which submitted a complete application for the granting of such substantive authorisation before that date, provided that the installation was put into operation no later than 27 November 2003.

Combustion plants in chemical plants using liquid waste of production as non-commercial fuel for their own consumption, of a total rated thermal power not exceeding 500 MW for which authorisation the initial construction substantive has been granted before 27 November 2002 or the holder of which has submitted a complete application for the grant of such substantive authorisation before that date, provided that the installation is As soon as they operate no later than 27 November 2003, they will have to comply with a limit value of emission for NOx of 450 mg/Nm3.

Combustion plants using solid or liquid fuels with a total rated thermal input of not more than 500 MW for which the initial substantive approval of construction has been granted before 27 November of 2002 or the holders of which submitted a complete application for the granting of such a substantive authorisation before that date, provided that the installation was put into operation no later than 27 November 2003, and that no further 1,500 hours of annual operating hours, on average, calculated over a period of five years, must meet a NOx emission limit value of 450 mg/Nm3.

combustion plants using solid fuels with a total rated thermal input of more than 500 MW, the initial substantive approval of which has been granted before 1 July 1987 and which does not exceed 1,500 hours of operation per year, on a mobile average calculated over a period of five years, must meet an emission limit value of NOx of 450 mg/Nm3.

combustion plants using liquid fuels with a total rated thermal input of more than 500 MW for which the initial substantive approval of construction has been granted before 27 November 2002 or the holders of which had submitted a complete application for the grant of such substantive authorisation before that date, provided that the installation was put into operation no later than 27 November 2003, and that they are not in operation more than 1,500 hours of operation per year, as a moving average over a period of five years, they must meet an emission limit value for NOx of 400 mg/Nm3.

A part of a combustion plant that expresses its waste gases by one or more separate smoke ducts within a common chimney may be subject to the emission limit values set out in the three paragraphs In relation to the total rated thermal power of the entire combustion plant and not to be used for more than 1,500 hours of operation per year, as calculated on a rolling average over a period of five years. In such cases, the emissions through each of these smoke ducts shall be controlled separately.

5. Gas turbines, including combined cycle gas turbines (TGCCs), which use light and medium distillates as liquid fuels, must meet an emission limit value for NOx of 90 mg/Nm3 and 100 mg/Nm3 for CO.

The emission limit values set out in this point shall not apply to gas turbines intended for emergency use that operate less than 500 hours per year. The operator of such facilities shall keep a record of the operating hours used, which shall be notified to the competent body on an annual basis.

6. Emission limit values (mg/ Nm3) of NOx and CO for gas combustion installations:

NOx

CO

Combustion Installations powered by natural gas, with the exception of gas turbines and gas engines.

100

100

combustion installations powered by blast furnaces, furnace gas Coke or low-heat gases from the gasification of refinery waste with the exception of gas turbines and gas engines.

(4)

-

combustion installations powered by other gases with the exception of gas turbines and gas engines.

200 (4)

-

Gas Turbines (including TGCCs), which use natural gasl (1) as fuel.

(2) (3)

100

Gas Turbines (including TGCCs), which use other gases as fuel.

120

-

engines.

100

100

Notes:

(1) Natural gas is methane of natural origin that does not have more than 20% (by volume) of inert and other constituents.

(2) 75 mg/Nm3 in the following cases, when the gas turbine performance is determined under ISO conditions for base load:

1. Āŗ Gas Turbines used in combined heat and power systems with overall performance exceeding 75%.

2. Āŗ Gas Turbines used in combined cycle facilities with an average annual overall electricity performance of more than 55%.

3. Āŗ Gas Turbines for mechanical motor units.

(3) For single-cycle gas turbines which do not fall into any of the categories mentioned in the note (2), but which have a yield of more than 35%-determined under ISO conditions for base load-the emission limit value NOx shall be 50 * /35, with the gas turbine performance expressed as a percentage, determined under ISO conditions for base load.

(4) 300 mg/Nm3 for such combustion plants, of a total rated thermal power not exceeding 500 MW and whose initial substantive approval of construction has been granted before 27 November 2002 or the holders of which had submitted a complete application for the grant of such substantive authorisation before that date, provided that the installation was put into operation no later than 27 November 2003.

For gas turbines (including TGCCs), the emission limit values of NOx and CO listed in the table contained in this point shall be applied only for a load above 70%.

For gas turbines (including TGCCs), the initial substantive approval of which has been granted before 27 November 2002 or the holders of which have submitted a complete application for the the granting of such a substantive authorisation before that date, provided that the installation was put into operation no later than 27 November 2003, and that more than 1,500 hours of operation per year are not in operation, as a mean For a period of five years, the emission limit value for NOx will be 150 mg/Nm 3 when powered by natural gas and 200 mg/Nm3 when they are powered by other gases or liquid fuels.

A part of a combustion plant that expresses its waste gases by one or more separate smoke ducts within a common chimney and which is not used for more than 1,500 hours of operation per year, as a mean It may be calculated over a period of five years, subject to the emission limit values set out in the preceding paragraph, according to the total thermal power of the entire combustion plant. In such cases, the emissions through each of these smoke ducts shall be controlled separately.

The emission limit values set out in this point shall not apply to gas turbines and gas engines intended for emergency use which operate less than 500 hours of annual operation. The operator of such facilities shall keep a record of the operating hours used, which shall be notified to the competent body on an annual basis.

7. Emission limit values (mg/ Nm3) of particulates for combustion plants using solid or liquid fuels, with the exception of gas turbines and gas engines:

50-100

nominal thermal power (MW)

Hard coal and lignite and other solid fuels

Biomass and peat

Liquid fuels(1)

30

30

30

100-300

25

20

25

300

20

20

20

Note: (1) An emission limit value of 50 mg/Nm3 for the combustion of distillation and conversion residues from crude oil refining for its own consumption, in combustion plants and for which authorisation the initial substantive construction has been granted before 27 November 2002 or the holders of which have submitted a complete application for the grant of such substantive authorisation before that date, provided that the installation is put into operation on a date not later than 27 November 2003.

8. Emission limit values (mg/ Nm3) of particulates for combustion plants using gaseous fuels, with the exception of gas turbines and gas engines:

In general

5

furnaces Gases

10

Gases produced by the steel industry that may have other uses

30

Part 2. emission limit values for combustion plants referred to in Article 44.3.

1. All emission limit values shall be calculated at a temperature of 273,15 K, a pressure of 101,3 kPa, after correction of the water vapour content of the waste gases, and a standard percentage of O2 of 6% in the case of solid fuels, 3% in that of combustion plants other than gas turbines and gas engines using liquid and gaseous fuels and 15% in that of gas turbines and gas engines.

In the case of combined cycle gas turbines with additional power, the competent authority may define the standard percentage of O2, taking into account the specific characteristics of the installation of the in question.

2. Emission limit values (mg/ Nm3) of SO2 for combustion plants using solid or liquid fuels with the exception of gas turbines and gas engines:

100-300

nominal thermal power (MW)

Hard coal and lignite and other solid fuels

Biomass

peat

Liquid

50-100

400

200

300

350

200

200

300

250 (1)

200

> 300

150

200 (2)

150

150

200 (1)

150

Notes:

(1) In case of fluid bed combustion.

(2) In case of combustion in circulating or pressure fluid bed.

3. Emission limit values (mg/ Nm3) of OS2 for combustion plants using gaseous fuels, with the exception of gas turbines and gas engines:

35

liquefied gas

400

400

Low-heat-powered low-power Gases

200

4. Emission limit values (mg/ Nm3) of NOx for combustion plants using solid or liquid fuels, with the exception of gas turbines and gas engines:

nominal thermal power (MW)

Hard coal and lignite and other solid fuels

Biomass and peat

Liquid

50-100

300 400 (1)

250

300

100-300

200

200

150

> 300

150 200 (1)

150

100

Note: (1) In case of pulverized lignite combustion.

5. Gas turbines (including TGCCs) using light distillates and media as liquid fuels shall meet an emission limit value for NOx of 50 mg/Nm3 and 100 mg/Nm3 for CO.

The emission limit values set out in this point shall not apply to gas turbines intended for emergency use that operate less than 500 hours per year. The operator of such installations shall keep a record of the operating hours used.

6. The emission limit values (mg/ Nm3) of NOx and CO for gas combustion installations:

NOx

CO

Combustion Installations other than gas turbines and gas engines

100

100

Gas Turbines (including TGCCs)

50 (1)

100

engines

75

100

Note: (1) For single-cycle gas turbines having a performance greater than 35%-determined under ISO conditions for base load-the emission limit value of NOx will be 50 * /35, with the performance of the gas turbine expressed as a percentage, determined under ISO conditions for base load.

For gas turbines (including TGCCs), the emission limit values of NOx and CO set at this point shall be applied only for a load above 70%.

The emission limit values set out in this point shall not apply to gas turbines and gas engines intended for emergency use which operate less than 500 hours of annual operation. The operator of such facilities shall keep a record of the operating hours used, which shall be notified to the competent body on an annual basis.

7. Emission limit values (mg/ Nm3) of particulates for combustion plants using solid or liquid fuels, with the exception of gas turbines and gas engines:

nominal thermal power (MW)

50-300

20

> 300

10

20 (1)

Note: (1) In the case of biomass and peat.

8. Emission limit values (mg/ Nm3) of particulates for combustion plants using gaseous fuels, with the exception of gas turbines and gas engines:

In general

5

furnaces Gases

10

Gases produced by the steel industry that may have other uses

30

Part 3. Control of emissions

1. The concentrations of SO2, NOx , and particulate matter in the waste gases from each combustion plant with a total rated thermal power equal to or greater than 100 MW shall be measured continuously.

The concentration of CO in waste gases from combustion plants powered by gaseous fuels with a total rated thermal input of 100 MW or more shall also be measured continuously.

2. The competent authority may decide not to require the continuous measurement referred to in point 1 above in the following cases:

a) For combustion plants with a lifetime of less than 10,000 hours of activity.

b) For OS2 and particles from natural gas-fired combustion plants.

c) For OS2 from combustion plants fuelled with gas oil with a known sulphur content, in cases where waste gas desulphurisation equipment is not available.

d) For2 OS from biomass-powered combustion installations, if the operator can demonstrate that in no case will the2 OS emissions exceed the emission limit values set.

3. When no continuous measurements are required, then2, NOx, particulate and, in the case of gas-fired installations, also of CO, shall be required at least once every six months.

4. In the case of combustion plants powered by hard coal or lignite, the total mercury emissions shall be measured at least once a year.

5. As an alternative to the OS measurements2 and NOx referred to in point 3 above, other procedures verified and approved by the competent body may be used to determine the OS emissions2 and NOx. Such procedures shall use the relevant CEN standards or, where CEN standards are not available, the ISO standards or other national or international standards that ensure the collection of data of equivalent scientific quality.

6. The competent authority shall be informed of any significant changes in the type of fuel used or in the mode of operation of the installation. The competent body shall decide whether the control requirements set out in points 1 to 4 above are maintained or required to be adapted.

7. Continuous measurements made in accordance with paragraph 1 above shall include the measurement of the oxygen content, the temperature, the pressure and the water vapour content of the waste gases. The continuous measurement of the water vapour content of the waste gases shall not be necessary, provided that the residual gas sample has been dried before the emissions are analysed.

8. The sampling and analysis of the pollutants and the measures of the process parameters as well as the quality assurance of the automatic measurement systems and the reference measurement methods for calibrating these systems shall be carried out in accordance with the CEN standards. If CEN standards are not yet available, the ISO standards or national or international standards that ensure the collection of data of equivalent scientific quality shall apply.

Automatic measurement systems shall be subject to control by means of parallel measurements with reference methods, at least once a year.

The holder shall inform the competent body of the results of the control of the automatic measurement systems.

9. The confidence interval values of 95% of any measurement, determined for the daily emission limit values, shall not exceed the following percentages of the emission limit values:

Monoxide

10%

sulphur dioxide

20%

Nitrogen Oxides

20%

%

30%

10. The validated hourly and daily average values shall be determined from the measured average hourly values measured, after the value of the confidence interval specified in paragraph 9 above is subtracted.

Days when more than three hourly average values are invalid due to the malfunction or maintenance of the automatic measurement system will be invalidated.

If for these reasons more than ten days a year is invalidated, the competent authority shall require the holder to take the necessary steps to improve the reliability of the automatic measurement system.

11. In the case of installations which are required to comply with the desulphurisation rates provided for in Article 45, the sulphur content of the fuel used in the combustion plant must also be checked regularly. The operator shall inform the competent authority of any substantial changes in the type of fuel used.

Part 4. Assessment of compliance with emission limit values

1. In the case of continuous measurements, the emission limit values set out in Parts 1 and 2 shall be considered to be respected if the assessment of the results of the measures indicates, for the operating hours of one year, that they have been met in their all the following conditions:

a) No validated monthly average value exceeds the relevant emission limit values set out in Parts 1 and 2; the validated monthly average values are determined from the validated daily average values, taking into account Account for a calendar month.

b) No validated daily average value exceeds 110% of the relevant emission limit values set out in Parts 1 and 2.

(c) In the case of combustion plants consisting only of coal-burning boilers, with a total rated thermal input of less than 50 MW, no validated daily average value exceeds 150% of the limit values for relevant emission levels set out in Parts 1 and 2.

d) 95% of all validated hourly average values for the year does not exceed 200% of the relevant emission limit values set out in Parts 1 and 2.

The validated average values will be determined as set out in point 10 of Part 3.

For the purposes of calculating the average emission values, the measured values shall not be taken into account during the periods referred to in Articles 44.5 and 6 and in Article 51, as well as during the periods of start-up and stop.

2. In cases where no continuous measurements are required, the emission limit values set out in Parts 1 and 2 shall be considered to be respected if the results of each of the series of measurements, or of those other defined procedures and determined in accordance with the procedures laid down by the competent authority, do not exceed the emission limit values.

Part 5. Minimum rate of desulphurisation

1. Minimum rate of desulphurisation for the combustion plants referred to in Article 44.2:

Nominal Thermal Power (MW)

Minimum Desulfurization

Facilities for which the initial substantive construction authorisation has been granted before 27 November 2002 or the holders of which have submitted a complete application for the granting of such authorisation substantive before that date, provided that the installation has been put into operation no later than November 27, 2003

Other

50-100

80%

92%

-300

90%

92%

92%

> 300

96% (1)

96%

Note: (1) For combustion plants using bituminous slate, the minimum desulphurisation rate shall be 95%.

2. Minimum rate of desulphurisation for the combustion plants referred to in Article 44.3:

nominal thermal power (MW)

Minimum desulfurization

50-100

93%

100-300

93%

93%

> 300

97%

Part 6. Compliance with the desulphurisation index

The minimum desulphurization rates mentioned in Part 5 will be applied as a monthly average limit value.

Part 7. Average emission limit values for combustion plants equipped with mixed boiler located in a refinery

Average emission limit values (mg/ Nm3) of SO2 for combustion installations equipped with mixed boiler located in a refinery, with the exception of gas turbines and gas engines, which use the distillation and conversion residues from crude oil refining, alone or with other fuels, for their own consumption:

(a) For combustion plants whose initial substantive approval of construction has been granted before 27 November 2002 or the holders of which have submitted a complete application for the grant of such a substantive authorisation prior to that date, provided that the installation was put into operation no later than 27 November 2003: 1000 mg/Nm3.

b) For other combustion plants: 600 mg/Nm3.

These emission limit values shall be calculated for a temperature of 273,15 K, a pressure of 101,3 kPa and after correction of the water vapour content of the waste gases and a normalized percentage of O2 of 6% in the case of solid fuels and 3% in the case of liquid and gaseous fuels.

ATTACHED 4

Technical provisions regarding installations producing titanium dioxide

Part 1. Emission limit values for discharges into water

1. In the case of industrial installations using the sulphate procedure (as an annual average): 550 kg of sulphate per tonne of titanium dioxide produced.

2. In the case of industrial installations using the chloride procedure (as an annual average):

a) 130 kg of chloride per tonne of titanium dioxide produced, when natural rutilium is used.

(b) 228 kg of chloride per tonne of titanium dioxide produced when synthetic rutilium is used.

(c) 330 kg of chloride per tonne of titanium dioxide produced when slag is used. Installations which discharge in salt water (estuaries, littoral or open sea) may be subject to an emission limit value of 450 kg of chloride per tonne of titanium dioxide produced when used " slag " (slag).

3. In the case of installations applying the chloride procedure and using more than one type of mineral, the limit values referred to in paragraph 2 shall be applied in proportion to the quantity of each mineral used.

Part 2. Air emission limit values

1. The emission limit values expressed in mass concentrations per cubic meter (Nm3) shall be calculated at a temperature of 273,15 K, and a pressure of 101,3 kPa.

2. In the case of particles: 50 mg/Nm3 as a mean time from the main sources, and 150 mg/Nm3 as a mean time from any other sources.

3. In the case of gaseous sulphur dioxide and trioxide, emitted as a product of digestion and calcination, including small acid drops expressed in SO2 equivalent:

a) 6 kg per tonne of titanium dioxide produced, as an annual average.

b) 500 mg/Nm3, as a mean time for the acid residue concentration facilities.

4. In the case of chlorine, in the case of installations using the chloride procedure:

a) 5 mg/Nm3, as a daily mean concentration.

b) 40 mg/Nm3 at any time.

Part 3. Emission control

The measurement of emissions into the atmosphere shall include at least the continuous control of:

(a) gaseous sulphur dioxide and trioxide, emitted as a product of digestion and the calcination of the acid residue concentration plants in facilities using the sulphate process.

b) The chlorine of the main sources in facilities using the chlorine procedure.

c) The particles from the main sources.

ATTACHED 5

Amendment of Royal Decree 508/2007 of 20 April 2007 regulating the provision of information on emissions from the E-PRTR Regulation and integrated environmental authorisations.

Annex I to Royal Decree 508/2007 of 20 April is amended as follows:

" ANNEX I

CHAPTER 1

Categories of industrial activities included in Annex 1 of Law 16/2002, of 1 July

This annex describes the installations or complexes and industrial activities that must comply with the environmental information requirements set out in this royal decree.

Facilities or complexes shall be understood to be included in the scope of this royal decree when they perform one or more of the activities listed in this Annex, whether or not their main activity is, and provided that they are exceeded. thresholds described in each activity category. In any event, if the same holder performs different activities of the same category in the same installation at the same site, the capacities of those activities shall be added.

The codes of the categories of industrial activities specified in Law 16/2002 of 1 July, as well as the codification based on Regulation (EC) No 166/2006 of the European Parliament and of the Council, are also indicated. COUNCIL REGULATION (EEC) No 4064/88 of 18 January 1993 on the establishment of a European register of emissions and transfer of pollutants and amending Council Directives 91 /689/EEC and 96 /61/EC. These codes should be reported as identifying industrial activity. In cases where the same activity is identified by the two encodings, both of them must be notified.

Category of Law 16/2002, July 1

1.4

Coding based on Regulation (EC) No 166/2006 E-PRTR

Activity

1. COMBUSTION INSTALLATIONS

1.1

1.C)

Combustion installations

1.1.a)

1.c) .i

Electrical power production facilities under ordinary or special-regime conditions, in which the combustion of fossil fuels, waste or biomass occurs:

1.c) .i (a)

-with a total rated thermal power equal to 50 MW.

1.c) .i (b)

-with a total rated thermal power greater than 50 MW.

1.1.b)

1.c) .ii

cogeneration installations, boilers, steam generators, or any other existing combustion equipment or installation in an industry, whether or not its main activity is

1.c) .ii (a)

-with a total rated thermal power equal to 50 MW.

1.c) .ii (b)

-with a total rated thermal power greater than 50 MW.

1.2

1.a)

1.2.a)

1.a.i

Installations for oil or crude oil refining

1.2.b)

1.a.ii

Installations for the production of fuel gas other than natural gas and liquefied petroleum gases

1.d

1.d)

>1.b)

gasification or liquefaction installations of:

1.4.a)

1.b) i

-Carbon.

1.b)

1.b) ii

-Other fuels, when the installation has a rated thermal power equal to or greater than 20 MW.

2. METAL PRODUCTION AND TRANSFORMATION

2.1

2.A)

CALCINATION INSTALLATIONS OR sintering of metal minerals including the sulphur mineral

2.2

2.b)

Installations for the production of cast iron or gross steel (primary or secondary fusion), including corresponding continuous casting facilities of more than 2.5 tons per hour capacity

2.3

2.c)

Ferrous Metal Transformation Installations:

2.3.a)

2.c) i

-Hot-rolled with a capacity of more than 20 tons of raw steel per hour.

2.3.b)

2.c) ii

-Forged with hammers whose impact energy is greater than 50 kilojoules per hammer and when the thermal power used is greater than 20 MW

2.3.c)

2.c) iii

-Application of cast metal protection layers with a treatment capacity exceeding 2 tons of steel gross hourly.

2.4

2.d)

ferrous metal funditions with a capacity of production of more than 20 tons per day

2.5

2.e)

Installations:

2.5.a)

2.e) i

-For the production of non-ferrous raw metals from ores, concentrates, or secondary raw materials by metallurgical, chemical or electrolytic processes

2.5.b)

2.e) ii

-For the fusion of non-ferrous metals, including the alloy, as well as the recovery products and other processes with a melting capacity of more than 4 tonnes for lead and cadmium or 20 tonnes for all other metals, per day

2.6

2.f)

Facilities for the treatment of surface of metals or plastic materials by electrolytic or chemical procedure, when the volume of the buckets or complete lines for the treatment used is greater than 30 m3

3. MINERAL INDUSTRIES

3.1

3.C)

PRODUCTION OF CEMENT, LIME AND MAGNESIUM OXIDE.

3.c) i

Cement or clinker production:

3.1.a) i)

3.c) i (a)

Manufacture of cement by grinding with a production capacity exceeding 500 tons daily

3.1.a) ii)

3.c) i (b)

clinker manufacturing:

3.c) i (b) 1

-in rotary ovens with a production capacity of more than 500 tons a day.

3.c) i (b) 2

-in ovens of another type with a production capacity exceeding 50 daily tons.

3.1.b)

3.c) ii

Production of lime in furnaces with a capacity of production greater than 50 tons daily:

3.c) ii (a)

-in rotating ovens.

3.c) ii (b)

-on other types of ovens.

3.1.c)

3.c) iii)

Production of magnesium oxide in furnaces with a production capacity exceeding 50 tons daily.

3.3

3.e)

Glass-making facilities including fiberglass, with one merge capacity greater than 20 tons per day

3.4

3.f)

Facilities for the casting of mineral materials, including the manufacture of mineral fibres with a casting capacity exceeding 20 tons per day

3.5

3.g)

Installations for the manufacture of ceramic products by baking, in particular tiles, bricks, refractory, tiles, ceramic stoneware or ornamental or domestic ceramic products, with a production capacity exceeding 75 tonnes per day, or with a baking capacity of more than 4 m3 and more than 300 kg /m3 of load density per oven

4. CHEMICAL INDUSTRY: for the purposes of this Section and the description of the categories of activities included in it, manufacture, means manufacturing on an industrial scale, by chemical or biological processing of the products or product groups mentioned in points 4.1 to 4.6.

4.1

4.a)

Installations chemical for the manufacture of organic chemicals, in particular

4.1.a)

4.a) i

-Simple hydrocarbons (linear or cyclic, saturated, or unsaturated, aliphatic, or aromatic)

4.1.b)

4.a) ii

-Oxygen hydrocarbons, such as alcohols, aldehydes, ketones, acids organic, esters and mixtures of esters, acetates, ethers, peroxides and epoxy resins

4.1.c)

4.a) iii

-Sulphur hydrocarbons.

4.1.d)

4.a) iv

-Nitrogen hydrocarbons, in particular, amines, amides, nitrous, nitrous or nitrate compounds, nitriles, cyanates and isocyanates

4.1.e)

4.a) v

-Phosphorated hydrocarbons.

4.1.f)

4.a) vi

-Halogenated Hydrocarbons.

4.1.g)

4.a) vii

-Metal organic compounds

4.1.h)

4.a) viii

-Plastic materials (polymers, synthetic fibers, cellulose-based fibers).

4.a)

4.a) ix

-Synthetic Cauches.

4.1.j)

4.a) x

-Colorants and pigments.

4.1.k)

4.a) xi

-Assets and surface agents.

4.b

4.b)

Chemical installations for the manufacture of inorganic chemicals, such as:

4.2.a)

4.b) i

4.2.b)

4.b) ii

-Aides and, in particular, chromic acid, the Hydrofluoric acid, phosphoric acid, nitric acid, hydrochloric acid, sulphuric acid, acid smoking sulphuric, sulphuric acids.

4.2.c)

4.b) iii

-Bases and, in particular, Ammonium hydroxide, potassium hydroxide, sodium hydroxide.

4.2.d)

4.b) iv

- Salts such as ammonium chloride, potassium chlorate, potassium carbonate (potash), sodium carbonate (soda), perborates, Argentine nitrate

4.2.e)

4.b) v

-Non-metals, metal oxides or other inorganic compounds such as calcium carbide, silicon, silicon carbide

4.3

4.c)

4.4

4.d)

Chemical installations for the manufacture of plant protection products or biocides

4.5

4.e)

Chemical installations using a chemical or biological process for the manufacture of medicinal products, including products intermediate.

4.6

4.f) i

Chemical installations for the manufacture of explosives.

5. WASTE MANAGEMENT

5.1

5.a)

Facilities for recovery or disposal of hazardous waste, with a capacity of more than 10 tons per day to perform one or more of the following activities:

5.1.a)

5.a) i

-Biological treatment.

5.1.b)

5.a) ii

-Physical-chemical treatment.

5.1.c)

5.a) iii

-Combining or mixing prior to the operations mentioned in paragraphs 5.1 and 5.2.

5.1.d)

5.a) iv

-Repackaging prior to any of the operations mentioned in paragraphs 5.1 and 5.2

5.1.e)

5.a) v

-Recovery or regeneration of solvents.

5.1.f)

5.a) vi

-Recycling or recovery of inorganic materials other than metals or compounds metal.

5.1.g)

5.a) vii

-Regeneration of acids or bases.

5.1.h)

5.a) viii

-Valorization of components used to reduce pollution.

5.1.i)

5.a) ix

-Valorization of components from catalysts.

5.1 .j)

5.a) x

-Regeneration or reuse of oils.

5.1.k)

5.a) xi

)

5.2

5.b)

Facilities for the recovery or disposal of waste in Waste incineration or co-incineration plants:

5.2.a)

5.b) i

-For non-waste hazardous with a capacity greater than 3 tons per hour

5.2.b)

5.b) ii

-For hazardous waste with a capacity greater than 10 tons per day

5.3

5.c)

Non-hazardous waste disposal installations with a capacity of more than 50 tons per day, including one or more of the following activities, excluding those included in the Royal Decree-Law 11/1995, of December 28, laying down the rules applicable to the treatment of urban waste water

5.3.a)

5.c) i

-Biological treatment.

5.3.b)

5.c) ii

-Physical-chemical treatment.

5.3.c)

5.c) iii

Pre-incineration or co-incineration treatment

5.3.d)

5.c) iv

-Treatment of slag and ashes.

5.3.f)

5.c) v

-Processing in metal waste shredders, including electrical and electronic waste, and end-of-life vehicles and their components.

5.4

5.h)

Valorisation, or a mixture of recovery and disposal, of non-hazardous waste with a capacity exceeding 75 tonnes per day including one or more of the following activities, excluding those included in the Royal Decree-Law 11/1995 of 28 December 1995 laying down the rules applicable to the treatment of urban waste water.

When the only waste treatment activity carried out in the facility is anaerobic digestion, the capacity thresholds for this activity will be 100 tonnes a year. day

5.4.a)

5.h) i

-Biological treatment.

5.4.b)

5.h) ii

-Treatment prior to incineration or co-incineration

5.4.c)

5.h) iii

-Scurd and ash treatment

5.4.d)

5.h) iv

- Treatment of metal waste shredders, including electrical and electronic waste, and vehicles at the end of their useful life and its components

5.5

5.d)

Landdumps of all types of waste that you receive more than 10 tonnes per day or with a total capacity of more than 25,000 tonnes excluding inert waste dumps

5.6

5. i)

Temporary storage of hazardous waste not covered by paragraph 5.5 pending the application of any of the treatments referred to in paragraph 5.1, 5.2, 5.5 and 5.7 with a capacity total greater than 50 tons, excluding temporary storage, pending collection, at the site where the residue is generated

5.7

5.j)

Sublevel storage of waste hazardous, with a total capacity exceeding 50 tons

6. TIMBER INDUSTRY

6.1

INDUSTRIAL INSTALLATIONS FOR THE manufacturing:

6.1.a)

6.a)

-Paper Pasta from Wood or Other Materials Fibrous.

6.1.b)

6.b) i

-Paper or cardboard with a production capacity of more than 20 tons daily.

6.2

6 d)

Cellulose production facilities with a production capacity exceeding 20 tons daily.

6.3

6.b) ii

3 journals.

7. TEXTILE INDUSTRY

7.1

9.A)

PRETREATMENT FACILITIES (OPERATIONS OF washing, bleaching, mercerisation) or for the dyeing of textile fibres or textile products where the processing capacity exceeds 10 tonnes per day

8. LEATHER INDUSTRY

8.1

9.B)

INSTALLATIONS FOR THE TANNING OF HIDES WHEN THE Treatment capacity exceeds 12 tons of finished products per day

9. AGRI-FOOD INDUSTRIES AND LIVESTOCK FARMS

9.1.A)

8.A)

channel production capacity greater than 50 tons/day

9.1.b)

8.b)

Treatment and processing, different from the packaging, of the following raw materials, whether treated or not previously, for the manufacture of food or feed from

9.1.b) i)

8.b) i)

-Animal raw material (other than exclusively milk), of a finished product production capacity of more than 75 tons/day

9.1.b) ii)

8.b) ii (a)

- Plant raw material of a finished product production capacity exceeding 300 tonnes per day

8.b

ii (b)

-Raw material plant of a finished product production capacity exceeding 600 tonnes per day in case the installation works for a period not exceeding 90 consecutive days in any one year

9.1.b) .iii)

8.b) iii (a)

-Only animal and plant raw materials, both in combination products and separately, with a production capacity of finished products in tonnes per day exceeding: 75 if A is equal or higher to 10, where A is the portion of animal matter (as a percentage of the weight) of the production capacity of finished products

8.b

iii (b)

- Only animal and plant raw materials, both in combination products and separately, with a capacity of production of finished products in tonnes per day higher than: [300-(22,5xA)] in any other case, where A is the portion of animal material (as a percentage of the weight) of the production capacity of finished products

[omitted graphic]

9.1.b) .iii) will not apply when the raw material is only milk. The package will also not be included in the product's final weight

9.1.c)

8.c)

Treatment and milk-only transformation, with a quantity of milk received more than 200 tonnes per day (average annual value)

9.2

5.e)

Installations for the removal or use of housings or animal waste with a treatment capacity greater than 10 tons/day

7.a)

Installations for intensive breeding of poultry or pigs that have more than:

9.3.a)

7.a) i

-40,000 places in the case of laying hens or the equivalent number in excreta of nitrogen for other productive orientations of poultry

9.3.b)

7.a) ii

- 2,000 beds for bait pigs over 30 kg.

9.3.c)

7.a) iii

-750 places for breeding sows

10. ORGANIC SOLVENT CONSUMPTION

10.1

9.C)

FACILITIES FOR TREATMENT surfaces of materials, articles or products with use of organic solvents, in particular for sizing, stamping, coating and degreasing, waterproofing, pasting, canning, cleaning or impregnating them, with a capacity Organic solvent consumption of more than 150 kg of solvent per hour or more than 200 kg tons per year

11. CARBON INDUSTRY

9.c)

Carbon Manufacturing Facilities sintered or electrographite by combustion or graffiti

. WOOD CONSERVATION INDUSTRY

6.C) II

CONSERVATION OF WOOD AND products derived from wood using chemicals, with a production capacity exceeding 75 m3 a day, other than treatments to combat the albura exclusively

13. WATER

5.g)

Independent Wastewater Treatment, Not referred to in the urban waste water legislation, and discharged by an installation referred to in this Annex

5.g) i

with a capacity of less than 10,000 m3 per day.

5.g) ii

with a capacity equal to or greater than 10,000 m3 per day.

14. COCAPTURE

10.a)

Capture of CO2 flows of installations included in this Annex for geological storage purposes in accordance with Law 40/2010 of 29 December 2010 on geological storage of carbon dioxide

CHAPTER 2

Categories of industrial activities not included in Annex 1 of Law 16/2002, of 1 July

Industrial activities that are not included in Annex 1 of Law 16/2002 of 1 July, that is, are not subject to integrated environmental authorisation are described in this chapter, but they must comply with the information requirements of this royal decree.

In this case, for the identification of industrial activities only the coding based on the E-PRTR Regulation should be taken into account.

Coding based on Regulation (EC) No 166/2006 E-PRTR

Activity description

SECTOR

1.E)

LAMINATORS

With a capacity of 1 ton per hour.

1.f)

Non-fumigated coal and solid fuel product manufacturing facilities.

mineral industry

3.a)

Underground mining and related operations.

*

3.b)

Open-pit and quarry farms.

When the surface of the zone in which you are effectively practicing Extractive operations amount to 25 hectares.

CHEMICAL INDUSTRY

4.F) II

Installations for the manufacture of pyrotechnic products.

5.f

5.f)

Or_table_table_izq"> Urban Wastewater Treatment Facilities.

With a capacity of 100,000 equivalent-inhabitant

6.c) i

6.c) i

Industrial plants for the conservation of wood and products derived from chemicals.

With a production capacity of 50 m3 per day.

INTENSIVE FARMING AND AQUACULTURE

7.B)

INTENSIVE AQUACULTURE.

With a production capacity of 1,000 tonnes of fish and

9.e

9.e)

Installations intended for construction, painting or ship pickling.

With a capacity for ships of 100 m in length

*) Indicates that it does not apply no capacity threshold (all the complexes that perform some of these industrial activities are subject to meet the information requirements, regardless of their production capacity or size). "