Ministry of Infrastructure and the Environment
1. ------IND- 2012 0330 NL- EN- ------ 20120622 --- --- PROJET
Regulation of the State Secretary for Infrastructure and the Environment, of.......,
No IENM/BSK-, amending the Environmental Management (Activities) Regulation
[Activiteitenregeling milieubeheer] (novel activities, integration of Environmental
Management (Combustion Plants Emission Requirements) Decree [Besluit emissieeisen stookinstallaties milieubeheer], simplifications and corrections)
the State Secretary for Infrastructure and the Environment,
Having regard to Articles 1.7, 1.11(10), 2.10, 2.12(4), 3.10j, 3.10k, 3.10o, 3.10p,
3.16d, 3.16f, 3.18(2), 3.19, 3.24, 3.26a, 3.26b(2), 3.26th, 3.26j, 3.30, 3.34(10),
3.54b, 3.54d, 3.132, 3.135, 3.136, 3.141, 3.143, 3.144, 3.146, 3.154, 4.1, 4.6,
4.9, 4.27a, 4.27b, 4.31, 4.31b, 4.31c, 4.31d, 4.40, 4.74d, 4.74g, 4.74j, 4.74o,
4.74p, 4.74s, 4.81, 4.83, 4.84, 4.94de and 4.94di of the Environmental
Management Activities Decree [Activiteitenbesluit milieubeheer];
HEREBY DECREES AS FOLLOWS:
ARTICLE I
A
In Article 1.1, the following concepts and associated definitions shall be inserted
at their appropriate place in the alphabetical listing:
range floor: the soil or floor between the shooters' location(s) and the stop butt;
bore: inner diameter of the barrel of a firearm;
stop butt: capture device for projectiles, placed behind the target of the shooting;
shoulder gun: a firearm in form of a carbine or rifle; handgun: a firearm in form of
a pistol or revolver;.
B
Article 1.2 shall be amended as follows:
1. The following concepts and associated definitions shall be deleted:
a. NEN 2819;
b. NEN-EN-ISO 9377-4;
c. NEN-EN-ISO 10304-2, and
d. BRL K903.
2. The following concepts and associated definitions shall be inserted at their
appropriate place in the alphabetical listing:
a. ISO 15713: ISO 15713:2006 Stationary source emissions - Sampling and
determination of gaseous fluoride content;
b. PGS 8: Guideline PGS 8, entitled 'Organic peroxides: storage', as published on
www.publicatiereeksgevaarlijkestoffen.nl, PGS 8:2011.
3. The definition of NEN-EN 13725 shall read as follows:
NEN-EN 13725:2003/C1:2006: Determination of odour concentration by dynamic
olfactometry, September 2003, with erratum sheet of October 2006;.
C
GENERAL DIRECTORATE
OF ADMINISTRATIVE AND
LEGAL AFFAIRS
Ministry of Infrastructure and the Environment
In Article 2.1(5(a), the phrase 'Part A4 of the NRB' shall be replaced with:
Section 3.3 of Part 3 of the NRB.
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Article 2.2 shall be amended as follows:
1. In Article 2.2, (1) and (2), each occurrence of the phrase 'Section 1.2 of Part
B1 of the NRB' shall be replaced with: Section 1.3 of Annex 3 to Part 3 of the NRB.
2. In the second paragraph, the phrase 'liquid fuel, used oil or brine' shall be
replaced with: substances as referred to in Article 3.29 of the Decree.
E
In Article 2.2(3) and (7), 3.10(2), 3.35(1), (2) and (10), 4.9a(1), 4.18(2), and
4.18a(2), the phrase 'pursuant to BRL K903' shall be replaced with: pursuant to
the designated norm document designated to that end under the Soil Quality
Decree [Besluit bodemkwaliteit], by a person or agency appropriately accredited
pursuant to such Decree.
F
Article 2.9 shall be amended as follows:
1. The reference '1.' shall be placed in front of the text.
2. A paragraph shall be added with the following text:
2. In addition to the first paragraph, the categories of roofing waste materials
produced in works carried out outside the facility by the operator of the facility
shall include the following:a. tar-containing roofing waste;b. bituminous roofing
waste;
c. composite roofing waste, or
d. roof gravel adhered to tar or bitumen.
3. In the first paragraph (new), parts h to j shall be deleted, and parts k to y
shall be renumbered as h to v.
4. In the first paragraph (new), in part s (new) the phrase 'tar-containing or
bituminous roofing waste, composites of tar-containing or bituminous roofing
waste, roof gravel adhered to tar or bitumen and asphalt' shall be replaced with:
roofing waste and asphalt.
G
Section 3.2.1. shall read as follows:
Section 3.2.1. Operating a combustion plant other than a large combustion
plant.
Article 3.5
1. The requirements of Articles 3.10 and 3.10a of the Decree with respect to the
overall dust emissions from the combustion of liquid fuel shall in any case be
deemed as fulfilled if the ash content (in mass percent) of the fuel is less than the
applicable emission requirement divided by 800, and it can be demonstrated by
means of an inspection as referred to in Article 3.7m that the carbon monoxide
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(CO) content of the exhaust gas is less than 100 mg/Nm
3.2. Articles 3.10a and 3.10b of the Decree, with respect to the overall dust
emissions from the combustion of wood, shall be considered fulfilled in any case if:
a. the released and suctioned-off substance emissions are passed through an
electrostatic E-filter for which it can be demonstrated through a report from the
supplier that the emission requirements of Article 3.10a or 3.10b of the Decree
can be fulfilled; and b. the electrostatic E-filter is in a good state of repair, is
periodically inspected and is cleaned and replaced as frequently as necessary for
effective operation.
3. Articles 3.10a and 3.10b of the Decree, with respect to the emissions of
nitrogen oxides (NOx) from the combustion of wood, shall be considered fulfilled in
any case if:
a. the facility operator is able to produce a measurement report from the supplier
indicating that the emission limits of the Decree as defined in Article 3.10a or
3.10b can be met; and b. the boiler system is fired by the wood type described in
the report as referred to sub a.
Article 3.6
1. Measurements as referred to in Article 3.10j of the Decree shall meet the
requirements of Articles 3.7to 3.7j and Articles 3.7o and 3.7p of the present
regulation.
2. For an effective management of wastewater, as referred to in Article 3.10k of
the Decree, the drainage of a steam boiler shall comply with Article 3.7k of the
present regulation.
3. In order to achieve a negligible soil risk as referred to in Article 3.10o of the
Decree, combustion plants shall comply with Article 3.7l of the present regulation.
4. For purposes of inspection and maintenance for safe operation, optimum
combustion and energy efficiency of combustion plants as referred to in Article
3.10p of the Decree, combustion plants shall comply with Articles 3.7m to 3.7p of
the present regulation.
5. The first paragraph shall not apply to overall dust emissions, nitrogen oxides
(NOx) or carbon monoxide (CO), provided that the provisions of Article 3.5 are
complied with.
Article 3.7
1. The concentration of nitrogen oxides (NOx), sulphur dioxide (SO2), total dust
and unburned hydrocarbons (CxHy, expressed in terms of C) in the exhaust gas
shall be determined through continuous or individual measurements.
2. Notwithstanding the first paragraph, the proportion of nitrogen oxides (NOx) in
the exhaust gas shall be determined through continuous measurements if exhaust
gas is injected into water or steam using an inert material, ammonia or urea to
control the emission of nitrogen oxides (NOx).
3. Contrary to the second paragraph, separate measurements shall be acceptable
if a log is kept to record the quantity of injected steam or water, the quantity of
inert material used, or the quantity of added ammonia or urea during a calendar
year and the applicable emission limits are not exceeded.
4. For replacement combustion plants as referred to in Article 3.10h of the Decree,
the concentrations of substances that are subject to emission limits shall be
determined through individual measurements within four weeks from
commissioning of such replacement plant.
Article 3.7a
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1. Without prejudice to Article 3.7, the determination of the concentrations of
substances in the exhaust gas shall proceed through representative
measurements.
2. The sampling, analyses, and measuring of the parameters that are needed to
assess compliance with the emission limits as well as the other required
measurements and calculations, shall be executed in accordance with the
following standards:
a. emission measurement:
1°. nitrogen oxides (NOx): NEN-EN 14792;
2°. sulphur dioxide (SO2): NEN-EN 14791;
3°. unburned hydrocarbons (CxHy): NEN-EN 12619;
4°. total dust: NEN-EN 13284-1 or NEN-EN 13284-2;
5°. oxygen (O2): NEN-EN 14789.b. sampling for the substances listed sub a: NENEN 15259.
3. Application of the standards as referred to in the second paragraph, sub a shall
be subject to the rules for the measurement location as referred to in NEN-EN
15259.
4. Standards deemed to be equivalent to the standards referred to in the second
paragraph, are those compiled in another member state of the European Union, or
in a state that is not a member state of the European Union, but that is party to a
Treaty with the Netherlands covering or partially covering this issue and that
guarantee a level of protection that is at least equivalent to the levels pursued by
the national requirements.
5. Individual measurements, parallel measurements, and reference measurements
shall be carried out by an entity appropriately accredited by an accrediting body.
6. The second and fifth paragraphs notwithstanding, individual measurements
may also be carried out by: an undertaking possessing a valid certificate issued by
an entity accredited by an accrediting body for the implementation of the
‘Assessment Guideline for maintenance and inspection of combustion plants,
Scope 6’, which is part of the ‘Certification Scheme for combustion plants
inspection and maintenance’ as issued by the Combustion Plants Certification,
Inspection and Maintenance Foundation [Stichting Certificatie Inspectie en
Onderhoud Stookinstallaties], provided that he carries out such measurements in
accordance with Scope 6.
Article 3.7b
1. If the concentrations of nitrogen oxides (NOx), sulphur dioxide (SO2), total dust
or unburned hydrocarbons (CxHy, expressed in terms of C) are measured
individually, then an individual measurement shall be carried out within four
weeks after an emission limit comes into effect.
2. If the concentrations of nitrogen oxides (NOx), sulphur dioxide (SO2), total dust
or unburned hydrocarbons (CxHy, expressed in terms of C) from a gas turbine,
gas-fuelled engine or diesel engine are measured individually, then in addition to
the first paragraph, a new individual measurement shall be carried out once every
four years.
3. Whenever other emission concentration limits become applicable because of a
change of fuel, a new individual measurement shall be made within four weeks.
The second paragraph shall apply accordingly.
Article 3.7c
1. An individual measurement within the meaning of Article 3.7b shall consist of
three partial measurements lasting at least 15 minutes and at most 30 minutes.
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2. If none of the partial measurements as referred to in the first paragraph
exceeds the relevant emission limit, the emission limit shall be deemed to as met.
3. If any of the partial measurements as referred to in the first paragraph indicate
that an emission limit has been exceeded, the individual measurement shall be
repeated within three months after the last partial measurement of the individual
measurement as referred to in the first paragraph.
4. If any of the partial measurements of the individual measurement as referred
to in the third paragraph indicate that the emission limit that was the reason for
the renewed individual measurement is still exceeded, then the operator of the
facility shall make adequate adjustments to the combustion plant to prevent
future infringements of that emission limit.
Article 3.7d
1. In individual measurements as referred to in Article 3.7b, a 95 % confidence
interval may be subtracted from the result value if demonstrated by an
independent competent measurements body.
2. The value of the 95 % confidence interval as referred to in the first paragraph
shall not exceed the following percentages of the relevant emission limit; for:
a. sulphur dioxide (SO2): 20;
b. nitrogen oxides (NOx): 20;
c. total dust: 30, and
d. unburned hydrocarbons (CxHy, expressed in terms of C): 20.
Article 3.7e
1. A separate measurement as referred to in Article 3.7b for a boiler system shall
be carried out at a load of more than 60 %. An individual measurement as
referred to in Article 3.7a for a diesel engine, a gas engine or gas turbine shall be
carried out at the maximum load at which these can operate continuously.
2. An individual measurement as referred to in Article 3.7a for a gas turbine with
associated boiler system shall be carried out at 10 % co-combustion in the
associated boiler system.
3. The load shall be considered for purposes of this provision to be that portion of
the thermal power at which the combustion plant is actually being operated.
Article 3.7f
1. Continuous measurements to determine the concentrations of sulphur dioxide
(SO2), nitrogen oxides (NOx), total dust or unburned hydrocarbons (CxHy,
expressed in terms of C) shall be made by means of:a. direct continuous
measurement of concentrations in the exhaust gas, orb. continuous measurement
of the parameters of the emission characteristic as defined for the combustion
plant.
2. The quality assurance for the of the equipment installed to test for the emission
limits, as well as the applied emission characteristics, shall comply with NEN-EN
14181, with calibration taking place once every five years.
3. Standards deemed to be equivalent to the standard referred to in the second
paragraph, are those compiled in another member state of the European Union, or
in a state that is not a member state of the European Union, but that is party to a
Treaty with the Netherlands covering or partially covering this issue and that
guarantee a level of protection that is at least equivalent to the levels pursued by
the National limits.
Article 3.7g
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In continuous measurements as referred to in Article 3.7f, an emission limit shall
be deemed as met if 100 per cent of the daily averages do not exceed such
emission limit.
Article 3.7h
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1. If the concentrations of nitrogen oxides (NOx), sulphur dioxide (SO2), unburned
hydrocarbons (CxHy, expressed in terms of C) or total dust are measured
continuously, then the emissions during the starting and stopping phases of the
combustion plant shall not be counted when determining whether the emission
limit is being met.
2. If the concentrations of nitrogen oxides (NOx), sulphur dioxide (SO2), unburned
hydrocarbons (CxHy, expressed in terms of C) or total dust are measured
continuously, and the combustion plant is equipped with downstream equipment
intended to reduce the emissions of the aforementioned substances, then the
emissions occurring during the periods as referred to in Article 3.10g of the
Decree shall not be counted.
Article 3.7i
1. The value of the 95 % confidence interval for the individual measured values
that are used to calculate the averages which are then assessed against the
emission limits, shall not exceed the following percentages of the emission limits
in case of continuous measurements:
a. sulphur dioxide (SO2): 20;
b. nitrogen oxides (NOx): 20;
c. total dust: 30, and
d. unburned hydrocarbons (CxHy, expressed in terms of C): 20.
2. For continuous measurements, the comparison with the emission limits shall be
based on the average of the individual measured values after deducting the
confidence interval as referred to in the first paragraph.
3. If in one day more than three hourly averages are invalid because of
malfunction or maintenance of the continuously operating measurement system,
the measurements for that day shall be considered to be invalid. If in any calendar
year the measures taken on more than 10 days are invalid, the operator of the
facility shall take suitable measures to improve the reliability of the continuously
operating measurement system.
Article 3.7j
If the emission requirement is expressed with reference to ISO air conditions, the
measured emissions of nitrogen oxides (Nox) shall be converted according to the
following formula:
E = Em * √(101.3/Pm) * (Tm/288) –1.53 * e19(Xm – 0.0063)
with the following legend: E = emissions of nitrogen oxides converted to ISO air
conditions; Em = measured emissions of nitrogen oxides; Pm = measured
atmospheric pressure at the compressor inlet (kPa); Tm = temperature of the
inlet air (Kelvin); Xm = measured moisture content of the inlet air (in kg of water
per kg of dry air).
Article 3.7k
1. When draining a steam boiler in a combustion plant, at least the drain tank or
other suitable facility as well as the pipes through which the drain water is passed,
shall be resistant to the effects of the drain water.
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2. A drain tank as referred to in the first paragraph shall be fitted with a
ventilation tube of sufficient dimensions to prevent failure of the drain vessel due
to overpressure in the drain tank during draining.
Article 3.7l
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Filling and emptying of a combustion plant with liquid fuel shall be done over a
soil-protective device.
Article 3.7m
1. A non-gas-fuelled combustion plant with a rated power of:
a. 20 kilowatts up to 100 kilowatts shall be inspected at least once every four
years for safe operation, optimal combustion and energy efficiency;
b. more than 100 kilowatt, shall be inspected at least once every two years for
safe operation, optimal combustion and energy efficiency.
2. A gas-fired combustion plant with a nominal capacity of more than 100
kilowatts shall be inspected at least once every four years for safe operation,
optimal combustion and energy efficiency.
3. An inspection as referred to in the first or second paragraph shall also include
the settings for the combustion, the system for supplying fuel and combustion air
and the removal of the flue gases.
4. An inspection as referred to in the first or second paragraph shall be carried out
by a legal entity having a valid certificate issued by an entity that is accredited for
the implementation for the implementation of the ‘Assessment Guideline for
maintenance and inspection of combustion plants’, which is part of the
‘Certification Scheme for combustion plants inspection and maintenance’ as issued
by the Combustion Plants Certification, Inspection and Maintenance Foundation
[Stichting Certificatie Inspectie en Onderhoud Stookinstallaties]. The operator of
the facility shall ask the person who carried out the inspection for a written,
signed inspection report showing at least when and by whom the inspection was
carried out, and the results.
5. If an inspection as referred to in the fourth paragraph shows that the
combustion plant requires maintenance, that maintenance shall take place within
two weeks following the inspection. The operator of the facility shall ask the
person who carries out the maintenance to the combustion plants for a signed
document showing when, by whom and what maintenance was performed.
Article 3.7n
1. The operator of a facility shall maintain the equipment installed to test against
the emission limits in such a manner that the proper operation of the equipment is
guaranteed.
2. If a malfunction occurs in the equipment as referred to in the first paragraph:
a. the operator of the facility shall immediately take the necessary measures to
remedy such malfunction, andb. he shall refrain from making changes in the use
of the combustion plant that could produce a significant increase in the emissions
of the substance whose measurement is required.
Article 3.7o
A report in accordance with NEN-EN 15259 shall be prepared of any measurement
or sampling as referred to in this Subchapter.
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Article 3.7p
1. The results of the latest measurements and other data necessary to enable
assessment of whether this Decree is being met, shall be kept available for the
authorising authority at the facility by the manager of the facility.
2. The last report issued for an inspection and the last issued proof of
maintenance carried out as referred to in Article 3.7m(4) and (5) shall be kept
available to the competent authority at the facility by the operator of the facility.
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H
After Section 3.2.5, two sections shall be inserted with the following text:
Section 3.2.6. Operating a cooling system
Article 3.16b
In order to prevent or reduce as far as possible any risks to the environment and
the likelihood of unusual incidents occurring, as well as their consequences, as
referred to in Article 3.16d of the Decree, an ammonia-based cooling system shall
at least comply with the following:
a. the minimum safety provisions in relation to the quantity of ammonia of PGS
13, Sections 2.2 to 2.5 and the related functional implementing requirements in
PGS 13, Chapter 4; and
b. provisions 3.2.5 to 3.2.9, the provisions of Chapter 5, the provisions of Sections
8.2 to 8.5, the provisions of Sections 8.7 to 8.9, and the provisions of Chapter 9 of
PGS 13.
Section 3.2.7. Operating a heat exchange system
Article 3.16d
In order to achieve a negligible soil risk as referred to in Article 3.16f of
the Decree, switch heating systems shall comply with Article 3.16e.
Article 3.16e
1. Systems for heating railway switches where liquid soil-threatening substances
are used, shall be constructed as a closed system.
2. Inspection, maintenance and management of switch heating units as referred to
in the first paragraph shall be laid down in clear internal procedures and soilprotective working instructions.
3. The internal procedures and working instructions as referred to in the second
paragraph shall lay down at least the manner in which:
a. the condition and proper operation of switch heating units is inspected;
b. it is ensured that inspections for spillage and leakage will be undertaken
whenever circumstances require, and
c. it is ensured that any spilled or leaked substances will be cleared immediately.
4. The operator of a facility shall ensure that employees undertaking soilthreatening activities within the facility are familiar with the internal procedures
and working instructions as referred to in the second paragraph, that these
procedures and instructions are observed, and that they are available within the
facility in such a manner that any person can easily familiarise themselves with
them.
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5. Spillage and leakage shall be resolved and cleared in accordance with the
internal procedures and working instructions as referred to in the second
paragraph.
6. The operator of the facility shall ensure that the necessary absorbent materials
in connection with the internal procedures and working instructions as well as
other materials and devices needed to protect the soil are present within the
facility in sufficient quantities, and that sufficient numbers of employees trained in
the use of these devices are present.
7. Findings of inspections of or maintenance on switch heating units as well as
actions taken after incidents with soil-threatening substances that may have led to
soil pollution shall be recorded in a log that is kept available to the competent
authority at all times.
8. Article 2.11 of the Decree shall not apply to switch heating units containing
liquid soil-threatening substances.
I
The heading of Subchapter 3.3. shall read as follows:
Subchapter 3.3. Activities with vehicles or vessels.
J
The heading of Section 3.3.1 shall read as follows:
Section 3.3.1. Deliveries of liquid fuel or compressed natural gas to road motor
vehicles or deliveries of liquid fuel to railway vehicles.
K
Article 3.21 shall be amended as follows:
1. The first paragraph shall read as follows:
1. A fixed delivery system shall be constructed and installed pursuant to the
norm document designated to that end under the Soil Quality Decree [Besluit
bodemkwaliteit], by a person or agency appropriately accredited pursuant to such
Decree. Replacements and repairs of parts of a delivery system shall be
implemented in accordance with the norm document designated to that end under
the Soil Quality Decree [Besluit bodemkwaliteit], by a person or agency
appropriately accredited pursuant to such Decree.
2. In the second paragraph, the following shall be inserted after the phrase 'for
road traffic': or in deliveries of liquid fuels to railway vehicles.
L
In Article 3.22, the following shall be inserted after the phrase 'for road traffic':
or to railway vehicles.
M
Article 3.25 shall be amended as follows:
1. In the first paragraph, the following shall be inserted after the phrase 'for
road traffic': or to railway vehicles.
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2. In the third paragraph, the following shall be inserted after the phrase ‘motor
vehicles’: or to railway vehicles.
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N
The heading of Section 3.3.2 shall read as follows:
Section 3.3.2. Washing the exterior of motor vehicles, equipment or railway
vehicles.
O
Article 3.27 shall be amended as follows:
1. In the first paragraph, the phrase 'motor vehicles or equipment' shall be
replaced with: motor vehicles, equipment, or railway vehicles.
2. The second paragraph shall read as follows:
2. The first paragraph notwithstanding, it shall be permitted to wash motor
vehicles, equipment and railway vehicles in or on a mobile washing installation
that is constructed in such a manner that liquids cannot enter the soil, where a
mobile washing installation must not be installed in the same location for longer
than six consecutive months.
P
In Subchapter 3.3, three sections shall be inserted after Section 3.3.2, with the
following text:
Section 3.3.3. Disassembly of end-of-life vehicles
Article 3.27c
In order to achieve a negligible soil risk as referred to in Article 3.26a of the
Decree, the draining-off of liquids and the disassembly of liquid-containing parts in
facilities where end-of-life vehicles are disassembled, shall be done over a liquidproof floor or paving.
Article 3.27d
1. To ensure the following:a. effective waste management as referred to in Article
3.26a of the Decree,b. prevention or reduction of risks to the environment and
unusual incidents, or where prevention is not possible, reduction as far as possible
of the risks to the environment and the likelihood of unusual incidents occurring,
as well as their effects, as referred to in Article 3.6a2 of the Decree, andc.
achieving a negligible soil risk as referred to in Article 3.26a of the Decree;
the second to sixth paragraphs shall be observed during processing of end-of-life
vehicles at a facility where end-of-life vehicles are disassembled.
2. Without delay, but within at most ten working days from receipt of the end-oflife vehicle, the following substances, preparations and products, if present, shall
be drained or disassembled and stored:a. motor oil;b. transmission oil;c. gear oil;
d. oil from the differential;e. hydraulic oil;f. braking fluids;g. coolants;h. screen
washer liquids;i. air conditioner liquids;j. gasoline;k. diesel;l. LPG tank, including
LPG;m. accumulator, including accumulator acids;n. oil filter;o. PCB/PCTcontaining capacitors;p. batteries;q. explosive parts such as air bags and belt
tighteners, to the extent that they have not been neutralised.
3. Tubing shall be drained of liquid residues as far as possible. The draining outlets
shall be closed after draining.
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4. If necessary for product reuse of disassembled parts, then notwithstanding the
second paragraph, draining oils from the parts mentioned in that paragraph may
be dispensed with, and the oil filter reinstalled.
5. The following substances, preparations or other products shall be removed from
end-of-life vehicles within the facility:a. tyres, glass and large plastic parts such as
fenders, dashboards and liquid tanks, unless these materials can be separated out
in a shredder so as to enable reuse of the materials; b. metal parts containing
copper, aluminium or magnesium, unless these metals are separated out in the
shredder; c. catalytic converters; d. parts containing lead, mercury, cadmium or
hexavalent chromium that is also labelled as such.
6. End-of-life vehicles shall not be crushed, cut or otherwise mechanically reduced
that their identity and contents cease to be recognisable.
Article 3.27e
1. To ensure an effective waste management as referred to in Article 3.26a of the
Decree, the storage of drained or disassembled substances, preparations or
products at a facility where end-of-life vehicles are disassembled shall comply with
the second to fifth paragraphs.
2. Drained or disassembled substances, preparations or products as referred to in
Article 3.27b(2) shall be stored separately where necessary for purposes of
product or material reuse or utilisation.
3. Drained or disassembled substances, preparations or products as referred to in
Article 3.27b(5) shall be stored in such a manner that the possibilities for product
or material reuse or utilisation are not diminished.
4. Substances, preparations and products that are not suitable for product reuse,
but for which there is nevertheless a possibility of material reuse or utilisation,
shall be kept separate and transferred separately to a facility providing an
environmentally responsible, effective mode of reuse.
5. The competent authority may issue specific requirements with respect to the
mode of storage of drained or disassembled substances, preparations or products
as referred to in the second to fourth paragraphs.
Article 3.27f
1. To ensure an effective waste management as referred to in Article 3.26a of the
Decree, the storage of end-of-life vehicles at a facility where end-of-life vehicles
are disassembled shall comply with the second to seventh paragraphs.
2. End-of-life vehicles from which the substances, preparations or products as
referred to in Article 3.27b(2) have not yet been removed, shall be stored in a
dedicated part of the facility immediately upon arrival, in anticipation of further
processing, and shall not be stacked.
3. End-of-life vehicles from which all substances, preparations or products as
referred to in Article 3.27b(5) have not yet been removed, shall be stacked no
higher than two levels, in a dedicated part of the facility, or shall be stacked in
gantries in such a manner that they can be easily inspected and disassembled.
4. End-of-life vehicles from which the substances, preparations or products as
referred to in Article 3.27b(2) and (5) have not yet been removed, shall be
transferred, directly from the facility only, to a facility with a shredder where endof-life vehicles are separated into scrap metal for immediate material reuse and
shredder waste.5. Notwithstanding the fourth paragraph, it shall be permitted to
make end-of-life vehicles from which the substances, preparations and products
as referred to in Article 3.27b(2) have been removed, available to an institution
for purposes of exercise and training before their final disposal in accordance with
the fourth paragraph.6. The competent authority may issue specific requirements
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for the stacking height for end-of-life vehicles as referred to in the third
paragraph.
7. The competent authority may issue specific requirements for making end-of-life
vehicles available to institutions for purposes of exercise and training as referred
to in the fifth paragraph.
Article 3.27g
1. To ensure an effective waste management as referred to in Article 3.26a of the
Decree, the receipt of end-of-life vehicles at a facility where end-of-life vehicles
are disassembled shall comply with the second to seventh paragraphs.
2. Upon receipt of an end-of-life vehicle with a registration number issued by an
appropriately competent authority of another Member State of the European
Union, a certificate of destruction as referred to in Article 5(3) of the End-of-Life
Vehicles Directive shall be issued upon request to any person who disposes of
such end-of-life vehicle, which certificate shall contain at least the following
information:a. the name, address and signature of the issuer of the certificate of
destruction; b. the date of issue of the certificate of destruction;
c. the registration number of the end-of-life vehicle, including the associated
country code;
d. the vehicle category to which the end-of-life vehicle belongs, as well as the
make and model of the end-of-life vehicle;e. the chassis number of the end-of-life
vehicle;f. the name, address, nationality and signature of the owner or holder of
the delivered end-of-life vehicle.3. The certificate of destruction shall be
accompanied by the registration certificate of the end-of-life vehicle.4. If the
registration certificate for the end-of-life vehicle is missing, a remark to that effect
shall be placed on the certificate of destruction.
Article 3.27h
1. In order to prevent or reduce as far as possible any risks to the environment
and the likelihood of unusual incidents occurring, as well as their consequences,
pursuant to Article 3.26a of the Decree, the disassembly of LPG tanks and the
storage of disassembled LPG tanks shall at least take place in accordance with the
second to sixth paragraphs.
2. Draining LPG from an LPG tank at a Type B facility shall not be permitted.
3. Disassembly of LPG tanks shall take place outdoors or in a well-ventilated
area.4. Disassembled LPG tanks from which the LPG has not yet been drained
shall be removed from a Type B facility at least once every two months.5. At Type
B facilities there shall be at most 24 disassembled LPG tanks from which the LPG
has not been drained.6. Disassembled LPG tanks from which the LPG has not been
drained shall be marked as such and stored separately from the LPG tanks from
which the LPG has been drained.
Article 3.27i
1. In order to prevent or reduce as far as possible any risks to the environment
and the likelihood of unusual incidents occurring, as well as their consequences,
pursuant to Article 3.26a of the Decree, the neutralising of air bags and belt
tighteners from end-of-life vehicles as well as the storage of disassembled air bags
and belt tighteners within the facility up to a maximum of 1000 disassembled air
bags and belt tighteners shall proceed in accordance with the second to twelfth
paragraphs.2. Neutralising of air bags and belt tighteners shall proceed in
accordance with Section 6 of NEN 7557.3. Activation of mechanical air bags shall
not be done at Type A or B facilities.4. After disassembly, the disassembled air
bags or belt tighteners, not including the working supply, shall be stored in a
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dedicated container or storage area, suitable for the transport of disassembled air
bags and belt tighteners and constructed so as to allow sufficient pressure release,
where the disassembled air bags and belt tighteners are kept separate from other
substances and materials by means of a separating steel wire mesh of sufficient
strength with a mesh size not exceeding five centimetres, or by storage in a
separate fire compartment.5. Disassembled mechanical air bags and belt
tighteners shall be stored separately from each other in a facility as referred to in
the fourth paragraph, such that the risk of unintended activation of such air bags
and belt tighteners is reduced as far as possible.
6. The area as referred to in the fourth paragraph shall be at a single central
location within the facility, inaccessible by unauthorized persons.7. No open fire or
smoking shall be permitted in and around the area as referred to in the fourth
paragraph.8. At the entrance of the area as referred to in the fourth paragraph, a
marking shall be placed indicating the storage of disassembled air bags and belt
tighteners.9. The air bags shall be stored with the cover facing upwards.10.
Electrical air bags and belt tighteners shall not be exposed to static charges if the
cabling directly connected to the airbag or belt tightener is damaged.11. At a Type
A or B facility, electrical air bags or belt tighteners shall not be activated if they
are damaged to the extent that they cannot safely be neutralised inside the endof-life vehicle.12. The air bags and belt tighteners as referred to in the tenth
paragraph shall be disassembled, and after disassembly they shall be transferred
to a person as referred to in Article 10.37(2) of the Act.
Article 3.27j
1. For the prevention, or reduction as far as possible where prevention is not
possible, of diffuse emissions as referred to in Article 3.26b(2) of the Decree, any
dust and gases released during the activation of air bags or belt tighteners shall
be effectively suctioned off at the source to the extent reasonably practicable.
2. For an effective dispersal of emissions into the ambient air as referred to in
Article 3.26b(2) of the Decree, dust and gases released into the ambient air by the
activation of air bags or belt tighteners shall be transported above the roof and
upwards if there is a sensitive building within 50 metres from any emission
source, with the exception of sensitive buildings within zoned industrial estates
and business parks with fewer than one sensitive building per hectare.3. To
protect air quality in accordance with the NeR, the competent authority may issue
specific requirements for the location and construction of the point of discharge of
the emissions into the ambient air as referred to in the second paragraph.
Article 3.27k
Article 3.26b(1) of the Decree shall be considered fulfilled in any case if:a. fewer
than 5000 end-of-life vehicles per year are being disassembled, orb. the emissions
released by the activation of air bags and belt tighteners and suctioned off shall be
passed through a filtering separator which is in a good state of repair, is
periodically inspected and is cleaned and replaced as frequently as necessary for
effective operation.
Section 3.3.4. Offering parking spaces in a car park
Article 3.27l
For an effective dispersal of emissions and for the prevention or reduction as far
as possible of odour pollution, as well as for the prevention or reduction as far as
possible of air pollution by benzene as referred to in Article 3.26th of the Decree,
in the case of mechanical ventilation in a car park that is part of a facility with at
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least 20 parking spaces:a. the inlet vents for ventilation shall be installed at a lowtraffic location, or if that is not possible, then at a height of at least 5 metres
above road level where they are not affected by the outlet vents;b. the air
extracted from the multi-storey car park shall be blown out vertically at a height
of at least 5 metres above street level or, if a building with an uppermost roofline
more than 5 metres above street level is located within 25 metres from the outlet
vent, at least 1 metre above the uppermost roofline of that building;
c. the velocity of the blown-off air, measured at the edge of the outlet vent, shall
be at least 10 metres per second.
Section 3.3.5. Offering spaces for mooring pleasure craft in a marina
Article 3.27m
Article 3.26j(3) of the Decree shall be considered fulfilled in any case if there is a
plan for the acceptance and further management of waste with at least the
following elements:
a. an assessment of the need for waste acceptance systems in light of the
requirements of the types of seaborne pleasure craft that customarily visit the
marina;
b. a description of the waste collection systems and their capacity;
c. a description of the procedures for delivery of the waste concerned;d. a
description of the procedures for reporting suspected shortcomings in the
systems;
e. a description of the procedures for structural consultations with port users,
waste processors and other stakeholders;
f. a description of the types of waste and the expected quantities;
g. a description of the methods for recording the actual use made of the waste
collection systems;h. a description of the manner in which collected waste is
disposed of;i. designation of one or several persons responsible for the
implementation of the plan.
Q
The heading of Subchapter 3.4. shall read as follows:
Subchapter 3.4. Storage of substances or filling of gas bottles.
R
The heading of Section 3.4.2. shall read as follows:
Section 3.4.2. Storage in underground storage tanks of liquid fuel, used oil,
certain organic solvents or liquid soil-threatening substances not being hazardous
substances or CMR substances.
S
Article 3.32 shall be deleted.
T
Article 3.33 shall read as follows:
Article 3.33
In order to achieve a negligible soil risk as referred to in Article 3.30 of the
Decree, any storage, filling or retrieval of substances from underground storage
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tanks as well as any operations directly associated with such storage, filling or
retrieval, not including deliveries of liquid fuels, oil mixtures and natural gas, shall
proceed in accordance with Articles 3.34 to 3.37.
U
In Article 3.35(1), the phrase ‘liquid fuel’ shall be replaced with: liquid fuel or an
organic solvent as referred to in Article 3.29, sub c to i, of the Decree.
V
Article 3.38(1) shall read as follows:
1. In order to achieve a negligible soil risk and to prevent or reduce as far as
possible any risks to the environment and the likelihood of unusual incidents
occurring, as well as their consequences, pursuant to Article 3.30 of the Decree,
any storage of substances as referred to in Article 3.29, sub a to i, of the Decree
in underground storage tanks, as well as any filling and emptying of such storage
tanks, shall proceed in accordance with Parts 5.5.1, 6.1.2, 6.1.3, 6.2, 6.4, 7.4.4,
7.4.5, 7.5, 9.1, 9.2, 9.5 and 9.7 of PGS 28.
W
Article 3.44(1) shall be amended as follows:1. In the preamble, the phrase
‘Section 3.4.4 of the Decree’ shall be replaced with: Section 3.3.3. of the Decree.
2. Replacing the full stop at the end of part n with a semicolon, a new part shall
be added with the following text:
o. concrete products in formwork susceptible to leakage of stripping agents.
X
Section 3.4.4 shall be deleted.
Y
In Subchapter 3.4, two sections shall be inserted after Section 3.4.7, with the
following text:
Section 3.4.8. Filling of gas bottles with propane or butane
Article 3.71a
1. In order to prevent or reduce as far as possible any risks to the environment
and the likelihood of unusual incidents occurring, as well as their consequences, as
referred to in Article 3.54b of the Decree, no more than 300 litres of gases in
cylinders shall be present at the filling location when filling gas cylinders.2. The
filling station shall conform to sections 8.2.1, 8.2.2 and 8.2.6, 11.1, 12.1 and
Annex III to PGS 23.
Section 3.4.9. Storage of gas oil, lubricating oil or used oil in an above-ground
storage tank
Article 3.71b
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1. In order to prevent or reduce as far as possible any risks to the environment
and the likelihood of unusual incidents occurring, as well as their consequences, as
referred to in Article 3.54d of the Decree, any storage of gas oil and used oil in
above-ground storage tanks shall proceed in accordance with Articles 3.71c to
3.71h.2. In order to achieve a negligible soil risk as referred to in Article 3.54d of
the Decree, any storage of lubricating oil in above-ground storage tanks shall
proceed in accordance with Articles 3.71f and 3.71h.3. For purposes of preventing,
or reducing where prevention is not possible, pollution of surface water bodies as
referred to in Article 3.54d of the Decree, any storage of gas oil, lubricating oil or
used oil in above-ground storage tanks over a surface water body shall proceed in
accordance with Articles 3.71g and 3.71h.4. The first paragraph shall not apply to
storage of used oil from a gas-fuelled cogeneration plant with no added
substances and a flash point of at least 55°C.
Article 3.71c
1. Any storage of gas oil and used oil in above-ground storage tanks shall take
place in above-ground storage tanks which together with their associated pipes
and branches shall be suitable for the storage of the substances concerned.2. The
above-ground storage tanks and their associated pipes and appendages shall be in
good condition.3. The storage of gas oil and used oil in above-ground storage
tanks shall take place on the floor.4. The third paragraph shall not apply to aboveground storage tanks with gas oil or used oil if placement on the floor due is not
possible to the construction of the relevant process installation.
Article 3.71d
1. Stationary above-ground storage tanks with their associated pipes and
appendages for the storage of gas oil and used oil shall be constructed, installed
and repaired or replaced in accordance with the norm document designated to
that end under the Soil Quality Decree [Besluit bodemkwaliteit], by a person or
agency appropriately accredited pursuant to such Decree.2. Any storage of the
substances referred to in the first paragraph in stationary above-ground storage
tanks with their associated pipes and appendages shall comply with requirements
4.1.3, 4.2.4 to 4.2.7, 4.2.9, 4.2.10, 4.2.14, 4.3.1 to 4.3.4, 4.3.6, 4.3.8, 4.3.9,
4.3.11, 4.4.1, 4.4.3, 4.4.4, 4.4.7, 4.4.8, 4.5.1, 4.5.2, 4.5.3, 4.5.9, 4.5.12 and the
requirements of Section 4.6 of PGS 30.
3. Without prejudice to requirement 4.2.9 of PGS 30, the cathode protection for
underground steel pipes shall be checked annually for proper operation in
accordance with Article 3.36(1) and (2).
4. The leak detection system of double-walled stationary above-ground storage
tanks for storage of the substances referred to in the first paragraph shall be
checked for proper operation once a year in accordance with KC 111. When
defects are discovered which could produce undetected leaks, the leak detection
system shall be repaired within one month. The inspection shall be recorded in a
log entry.
5. Notwithstanding requirement 4.4.4 of PGS 30, a stationary above-ground
storage tank containing used oil need not be inspected for the presence of water.
Stationary above-ground storage tanks containing used oil shall be emptied
annually by an appropriately accredited processing agent.
6. All stationary above-ground storage tanks for storage of the substances as
referred to in the first paragraph shall be maintained and assessed in accordance
with KC 111.
Article 3.71e
Any storage of gas oil in mobile above-ground storage tanks, including their
associated pipes and appendages, shall comply with Section 4.9 of PGS 30.
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Article 3.71f
1. Any storage of gas oil, lubricating oil and used oil in above-ground storage
tanks shall take place over a drip tray.2. The first paragraph shall not apply to
storage tanks of double-walled construction with a leakage detection system
installed in such wall. The leakage detection system shall be assessed and
approved at least once every year in accordance with the norm document
designated to that end under the Soil Quality Decree, by a person or agency
appropriately accredited pursuant to that Decree.3. The filling inlets and draining
outlets of above-ground storage tanks containing gas oil, lubricating oil or used oil
shall be located either over a liquid-proof floor or paving, or over or within a drip
tray.4. Storage tanks and filling pipes shall be fitted with an overfill protection.5.
No other hazardous substances shall be stored above the drip tray as referred to
in the first paragraph if such substances can react with the substances in the
above-ground storage tank.
Article 3.71g
1. Storage of gas oil, lubricating oil and used oil in above-ground storage tanks
over a surface water body shall take place over a device located around or below
the stored substances which during normal operation shall be able to capture any
spilled or spluttered liquids.2. The first paragraph shall not apply to storage tanks
of double-walled construction with a leakage detection system that is assessed
and approved at least once a year in accordance with the norm document
designated to that end under the Soil Quality Decree, by a person or agency
appropriately accredited pursuant to that Decree.3. The filling inlets and draining
outlets of above-ground storage tanks containing gas oil, lubricating oil and used
oil located over a surface water body shall be installed over or within a device
located around or below the stored substances which during normal operation
shall be able to capture any spilled or spluttered liquids.
4. The devices as referred to in the first and third paragraphs shall be constructed
such that:a. any spilled or leaked liquids may be effectively collected and disposed
of;b. precipitation cannot enter them, unless such precipitation is regularly
removed from the device.5. Devices as referred to in the first and third
paragraphs shall be resistant to the stored substances and the conditions under
which such substances are being used or stored.6. Devices as referred to in the
first paragraph shall have a capacity of at least 10 % of the total volume of stored
substances.7. Storage tanks and filling pipes shall be fitted with an overfill
protection.
Article 3.71h
1. Articles 3.71d, 3.71f and 3.71g shall not apply to above-ground storage tanks
containing gas oil, lubricating oil or used oil those that is not placed directly on the
soil.2. In order to prevent risks to the environment and unusual incidents, or
where prevention is not possible, in order to minimise the risks to the
environment and the likelihood of unusual incidents occurring as well as their
consequences, the competent authority may issue specific requirements for
above-ground storage tanks as referred to in the first paragraph which are not
placed directly on the soil, with respect to their location, construction, inspection,
soil and safety devices.
Z
Three Subchapters shall be inserted after Article 3.102, with the following text:
Subchapter 3.6. Foodstuffs
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Section 3.6.1. Preparation of foodstuffs
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Article 3.103
1. In order to prevent odour pollution as referred to in Article 3.132 of the Decree,
or reduce it to acceptable levels where prevention is not possible, any suctionedoff vapours and gases from the preparation of foodstuffs as referred to in Article
3.130, sub b, c and d, of the Decree, which are emitted into the ambient air:a.
shall be discharged at a distance of at least 2 metres above the highest roofline of
buildings located within 25 metres from the outlet; or
b. shall be passed through an effective deodorisation system.
2. In order to prevent odour pollution as referred to in Article 3.132 of the Decree,
or to reduce it to acceptable levels where prevention is not possible, vapours
released into any area in the preparation of foodstuffs as referred to in Article
3.130, sub b, of the Decree, during grilling, other than with charcoal, deep-frying
or frying in oil or fat, shall be suctioned off and passed through an effective
exchangeable or cleanable fat-capturing filter before being released into the
ambient air.3. The first and second paragraphs shall not apply if the potential
odour pollution effect of air emitted by a suctioning installation is limited to a
zoned industrial park or a business park with less than one sensitive building per
hectare.
4. If the odour pollution is found to exceed acceptable levels due to poor
performance of the deodorisation system, insufficient dispersal of suctioned-off
vapours, absent disposal of odour emissions through the suctioning system, or
occasional peaks in the odour levels, the competent authority may supplement the
first paragraph with specific requirements, in accordance with the NeR, for:a. the
design and maintenance of a deodorisation system as referred to in the first
paragraph;b. the location of the emission point;
c. preventing or reducing diffuse odour emissions; or
d. restricting occasional peak odour levels to specific times.
Section 3.6.2. Slaughtering animals, butchering meat or fish or processing animal
by-products
Article 3.104
1. In order to prevent odour pollution as referred to in Articles 3.135 and 3.136 of
the Decree, or reduce it to acceptable levels where prevention is not possible:a. at
least the solid animal manure produced when slaughtering animals as referred to
in Article 3.133, sub a, of the Decree shall be stored in closed, leakage-free
barrels or tanks;b. any suctioned-off vapours and gases from fermenting or boiling
animal by-products as referred to in Article 3.133, sub a, of the Decree, if they are
emitted into the ambient air:1°. shall be discharged at a distance of at least 2
metres above the highest roofline of buildings located within 25 metres from the
outlet; or
2°. shall be passed through an effective deodorisation system.
2. If the odour pollution is found to exceed acceptable levels due to poor
performance of the deodorisation system, insufficient dispersal of suctioned-off
vapours, absent disposal of odour emissions through the suctioning system, or
occasional peaks in the odour levels, the competent authority may supplement the
first paragraph, sub b, with specific requirements, in accordance with the NeR, for:
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Ministry of Infrastructure and the Environment
a. the design and maintenance of a deodorisation system as referred to in the first
paragraph, sub b;
b. the location of the discharge pipe;
c. preventing or reducing diffuse odour emissions; or
d. the limitation of occasional odour peaks to specific times.
3. Notwithstanding the first paragraph, subparagraph b, if the odour pollution is
found to exceed acceptable levels and the competences as referred to in the
second paragraph are not sufficient to remedy the violation in accordance with the
NeR, the competent authority may issue specific requirements specifying that a
deodorisation system be installed or that the suctioned-off vapours and gases be
discharged at a greater height.
Article 3.105
1. In order to achieve a negligible soil risk as referred to in Article 3.135 of the
Decree, brining of animal by-products and organs as referred to in Article 3.133,
sub a and d, of the Decree, shall be done over a soil-protective device.2. In order
to prevent pollution of surface water bodies or reduce it where prevention is not
possible, as well as to safeguard the proper operation of waste water management
facilities as referred to in Article 3.135 of the Decree, when brining animal byproducts and organs as referred to in Article 3.133, sub a and d, of the Decree, at
least the spilled or leaked substances shall be disposed of as far as possible
without adding water and disposed of as waste, while preventing such substances
from entering the wastewater to the extent possible. The relevant procedure shall
be included in the internal procedures and working instructions as referred to in
Article 2.3(2).
Section 3.6.3. Industrial production or processing of foodstuffs or beverages
Article 3.106
Article 3.141(4) of the Decree shall be considered fulfilled in any case if:a. the
suction-off dust emissions from the production or processing of foodstuffs or
beverages where foodstuffs or their raw materials are dried, ground or roasted, or
where goods classified in drift class S1, S2, S3 or S4 are mixed,
shall be passed through a filtering separator meeting the requirements of Article
3.141(2) of the Decree; and
b. the filtering separator is in a good state of repair, is regularly inspected and is
cleaned or replaced as frequently as necessary for proper operation.
Article 3.107
1. In order to prevent, or reduce as far as possible, any diffuse emissions, any
class S dust that is released in the production or processing of foodstuffs or
beverages as referred to in Article 3.141 of the Decree where foodstuffs or their
raw materials are dried, ground or roasted, or where goods classified in drift class
S1, S2, S3 or S4 are mixed, shall be effectively suctioned off at the source to the
extent reasonably practicable.
2. For an effective dispersal of emissions into the ambient air, any suctioned-off
emissions from the production or processing of foodstuffs or beverages as referred
to in Article 3.141 of the Decree where foodstuffs or their raw materials are dried,
ground or roasted, or where goods classified in drift class S1, S2, S3 or S4 are
mixed, and which are released into the ambient air, shall be disposed of above the
roof and upwards if there is a sensitive building within 50 metres from any
emission point, with the exception of sensitive buildings within zoned industrial
estates and business parks with fewer than one sensitive building per hectare.
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3. To protect air quality in accordance with the NeR, the competent authority may
issue specific requirements for the location and construction of the point of
discharge of the emissions into the ambient air as referred to in the second
paragraph.
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Subchapter 3.7. Sports and leisure
Section 3.7.1. Indoor shooting ranges
Article 3.108
1. In order to prevent, or reduce as far as possible, diffuse emissions as referred
to in Article 3.143 of the Decree, dust of class S which is released during shooting
at an indoor shooting range, shall be effectively suctioned off to the extent
reasonably practicable.2. For an effective dispersal of emissions into the ambient
air as referred to in Article 3.143 of the Decree, the suctioned-off emissions from
shooting at an indoor shooting range that are released into the ambient air shall
be disposed of above the roof and upwards if there is a sensitive building within
50 metres from any emission point, with the exception of sensitive buildings
within zoned industrial estates and business parks with fewer than one sensitive
building per hectare.
3. To protect air quality in accordance with the NeR, the competent authority may
issue specific requirements for the location and construction of the point of
discharge of the emissions into the ambient air as referred to in the second
paragraph.
Article 3.109
Article 3.143(1) of the Decree shall be considered fulfilled in any case if:a. the
suctioned-off dust emissions from shooting at an indoor shooting range are passed
through a filtering separator meeting the requirements of Article 3.141(2) of the
Decree; andb. the filtering separator is in a good state of repair, is regularly
inspected and is cleaned or replaced as frequently as necessary for proper
operation.
Article 3.110
1. In order to prevent or reduce as far as possible any risks to the environment
and the likelihood of unusual incidents occurring, as well as their consequences, as
referred to in Article 3.144, preamble and sub a, of the Decree, any shooting at an
indoor shooting range shall comply with at least the second and third
paragraphs.2. The construction of indoor shooting ranges shall comply at least
with the dimensions as specified in Table 3.110.3. Indoor shooting ranges shall
have an effective stop butt compliant with at least the dimensions specified in
Table 3.110.4. In the interests of ensuring safe surroundings, the competent
authority may issue specific requirements for the design of the construction
andthe stop butt as referred to in the second and third paragraphs.
Table 3 110
arms with a bore of
up to .22
handguns with a
bore of up to .50
and other firearms
using pistol
shoulder firearms
with a bore of up to
.50
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ammunition
ceiling/roof
50 mm concreteor
100 mm aerated
concrete
100 mm concrete
or 150 mm aerated
concrete
200 mm concrete IENM/BSK-2012/79424
or 150 mm aerated
concrete
side walls
100 mm masonry or
silicon brickor 50
mm concreteor 100
mm aerated
concrete
100 mm masonryor
silicon brickor 100
mm concrete
or 150 mm aerated
concrete
200 mm masonry or
silicon brick
or 200 mm concrete
or 150 mm aerated
concrete
rear wall
100 mm masonry or
silicon brick or 75
mm concrete
200 mm masonry or
silicon brick or 100
mm concrete
200 mm masonry or
silicon brick
or 200 mm concrete
protection of walls
and ceiling at the
point of shooting
fir wood 20 mm or
cement fibre board
25 mm on slats 25
mm
fir wood 25 mm or
cement fibre board
50 mm on slats 30
mm
fir wood 25 mm or
cement fibre board
50 mm on slats 30
mm
range floor (where
paved)
50 mm concrete with
cement floor or
plastic finishing
even sand without
hard parts larger
than 3 mm
100 mm concrete
with cement floor or
plastic finishing
even sand without
hard parts larger
than 3 mm
100 mm concrete
with cement floor or
plastic finishing
even sand without
hard parts larger
than 3 mm
protection of
shootable parts
fir wood 20 mm on
slats 25 mm
fir wood 25 mm on
slats 30 mm
fir wood 25 mm on
slats 30 mm
vent grill
steel plate 3 mm
Slope 34 degrees to
horizontal; 0.75 m
depth near ceiling
steel plate impact
plane 5 mm thick
depth 0.30 m
steel plate 6 mm
Slope 34 degrees to
horizontal; 1.0 m
depth near ceiling
steel plate impact
plane 12 mm thick
depth 0.50 m
steel plate 10 mm
Slope 34 degrees to
horizontal; 1.2 m
depth near ceiling
______
range floor (where
unpaved)
sand stop butt
steel stop butt
plastic stop butt
Number
depth 0.90 m.
Article 3.111
1. In order to prevent, or maximally reduce where prevention is not possible, the
burden on the soil as referred to in Article 3.144, preamble and sub b, of the
Decree, at least the second and third paragraphs shall be observed during
shooting at an indoor shooting range.2. If cartridges from used ammunition are
released during shooting, the shooting shall take place over a soil-protective
device.3. The stop butt as referred to in Article 3.110(3) shall be installed over a
soil-protective device.
Article 3.112
When calculating the long-term average assessment level (LAr,LT) and the
maximum noise level LAmax produced by a facility with an indoor shooting range as
referred to in Article 3.144(2) of the Decree, measurements shall be taken during
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Ministry of Infrastructure and the Environment
a specified period and calculations shall be done based on the Indoor Shooting
Ranges Measuring Instruction [Meetvoorschrift binnenschietinrichtingen] as
included in Annex 7.
Article 3.113
Pursuant to Article 1.11(10) of the Decree, an acoustic survey report as referred
to in Article 1.11(3)(f) of the Decree shall contain the following information:a. a
detailed description (name, type, make) of the (representative) arms measured
and the ammunition used (type and LOT number);b. the total number of shots
fired in the representative usage situation by the relevant arms category during
the relevant assessment periods;c. measuring equipment used;d. a map of the
measurement situation (e.g.: shooting range location, weapon position, address,
surrounding noise-sensitive buildings, etc.) and a description of the assessment
points (distances, microphone height, distance to façade, area dimensions);e. the
measurements for LAE and LAmax as well as the average energy values;f. the
assessment levels for each measurement location during the relevant assessment
periods;g. the background noise level measured at each measurement location
and a description of the nature of the noise; andh. the weather conditions, for
measurements conducted outdoors.
Section 3.7.2. Traditional shooting
Article 3.114
1. In order to prevent any risks to the environment and unusual incidents, or
where prevention is not possible, to minimise the risks to the environment and the
likelihood of unusual incidents occurring as well as their consequences, as referred
to in Article 3.146 of the Decree, traditional shooting shall at least observe the
fourth to seventh paragraphs.2. In order to prevent, or maximally reduce where
prevention is not possible, the burden on the soil as referred to in Article 3.146 of
the Decree, shooting at an indoor shooting range shall at least comply with the
third, fourth and seventh paragraphs.
3. If cartridges from used ammunition are released during shooting, the shooting
shall take place over a soil-protective device.
4. Shooting shall be done such that all fired bullets are collected in a device. Such
device shall be installed over a soil-protective device.5. During times of shooting,
there shall be no persons or animals of a cattle species in the unsafe zone, except
for the shooter, the range commander and one or more persons designated by the
range commander. The unsafe zone shall comprise the area of a rectangle
extending 2 metres on either side of the device in which the fired bullets are
collected, as referred to in the fourth paragraph, by 8 metres. This zone shall be
located at the side from which the target is being shot at.
6. Notwithstanding the fifth paragraph, the unsafe zone when shooting at a
wooden block or stub using bullets of bore number 16 or smaller shall comprise
the area of a semicircle with a radius of 25 metres with the shooting target at the
centre. This zone shall be located at the side from which the target is being shot
at.
7. Notwithstanding the fourth to sixth paragraphs, the competent authority may
issue specific requirements during the celebration of festivities in order to prevent,
or reduce where prevention is not possible, the burden on the soil, as well as to
define the unsafe zone.8. The days or day parts during which festivities as
referred to in the seventh paragraph will take place, shall be defined by the
competent authority in a specific requirement, with the total number of days or
day parts designated not exceeding twelve per calendar year.
Subchapter 3.8. Other activities
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Section 3.8.1. Municipal waste collection sites
Article 3.115
1. To ensure an effective waste management as referred to in Article 3.154 of the
Decree, facilities created by municipalities where the public may leave bulky
domestic waste shall comply with at least the second to fourth paragraphs.2. At
facilities created by municipalities where the public may leave bulky domestic
waste, there shall be provisions for separate collection of the following types of
bulky domestic waste:a. waste electrical and electronic equipment;b. asbestos;
c. Class C wood;d. gas cylinders, fire extinguishers and other pressurised
containers;
e. soil of the respective functional classes of the Soil Quality Decree;
f. Class A wood and Class B wood;
g. vehicle tyres;h. roofing waste;
i. expanded polystyrene foam;j. mixed stony materials, other than asphalt or
gypsum;k. gypsum;l. bulky garden waste;m. hard plastics;n. mattresses;o.
metals;p. paper and cardboard;
q. textiles other than carpets;r. sheet glass.3. The second paragraph shall not
apply to types of bulky domestic waste that are not accepted by the facility. In
that case, the operator of the facility shall ensure that it is clearly indicated at the
facility where residents of the municipality may deliver those types of waste
instead. Furthermore, the operator of the facility shall in that case include in the
procedures for acceptance and inspection as referred to in Article 2.14b of the
Decree a procedure for ensuring that those types of waste are not accepted.
4. Without prejudice to Article 2.14b of the Decree, the operator of the facility
shall take measures to prevent waste for which specific facilities are available from
being deposited in the facility for residual waste where possible. The facility
operator shall include in the procedures for acceptance and inspection as referred
to in Article 2.14b of the Decree a detailed procedure for the above.5. The
competent authority may issue a specific requirement permitting any of the
systems as referred to in the second paragraph sub f to r to be absent on
condition that the operator of the facility achieves an equivalent level of waste
separation, by means of post-separation or otherwise, within a reasonable period
as specified in the requirement.6. A specific requirement as referred to in the fifth
paragraph may define conditions for the method of post-separation or other
alternative processing method, and the submission of the associated records.
AA
The heading of Section 4.1.1. shall read as follows:
Section 4.1.1. Storage of packaged hazardous substances, CMR substances or
soil-threatening substances, not being fireworks, pyrotechnic articles for display
use, other explosive substances, certain organic peroxides, asbestos,
disassembled air bags, belt tighteners or solid artificial fertilisers.
BB
Article 4.1 shall read as follows:
Article 4.1
1. In order to prevent or reduce as far as possible any risks to the environment
and the likelihood of unusual incidents occurring, as well as their consequences,
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pursuant to Article 4.1(1) of the Decree, any storage of packaged hazardous
substances or packaged CMR substances other than fireworks, other explosive
substances, solid artificial fertilisers or organic peroxides as referred to in Article
4a, sub d, of the Decree, shall at least comply with Articles 4.2 to 4.9b and
4.10(4).2. In order to achieve a negligible soil risk as referred to in Article 4.1(7)
of the Decree, any storage of packaged hazardous substances, packaged liquid
soil-threatening substances, waste from which liquid soil-threatening substances
could leak, and packaged CMR substances other than fireworks, other explosive
substances, solid artificial fertilisers, or organic peroxides as referred to in Article
4a(d), of the Decree, shall proceed in accordance with Articles 4.2, 4.9, 4.9a, 4.9b
and 4.10.3. In order to prevent, or reduce where prevention is not possible,
pollution of the surface water as referred to in Article 4.1(9) of the Decree, an
storage over a surface water of packaged hazardous substances, packaged liquid
soil-threatening substances and packaged CMR substances other than fireworks,
solid artificial fertilisers, organic peroxides as referred to in Article 4a, sub d, of
the Decree, asbestos, disassembled air bags and belt tighteners and other
explosive substances shall proceed in accordance with Articles 4.2 and 4.10a.4. An
adequate fire-resistant facility as referred to in Article 4.1(3) and (5) of the
Decree shall be deemed as present in any case if the wall has a fire resistance of
at least 60 minutes, a height of 2 m and a length on either side of the storage
facility of at least 2 metres as measured horizontally from the storage facility.
CC
Article 4.3(2) and the reference ‘1.’ before Article 4.3(1) shall be deleted.
DD
In table 4.6., Risk in accordance with the ADR class, the row '5.2 II and III –'
shall be deleted.
EE
The heading of Section 4.1.2. shall read as follows:
Section 4.1.2. Storage of fireworks, pyrotechnic articles for display use or other
explosive substances.
FF
The heading of Section 4.1.3.1 shall read as follows:
Section 4.1.3.1. Storage of substances in ADR Class 5.1 and substances of ADR
Class 8, packaging groups II and III without additional hazard, semi-heavy oil,
PER, polyester resins and other liquid soil-threatening substances other than
hazardous substances, CMR substances, lubricating oil or used oil, in aboveground storage tanks.
GG
Article 4.13 shall read as follows:
Article 4.131. In order to achieve a negligible soil risk and to prevent or reduce
as far as possible any risks to the environment and the likelihood of unusual
incidents occurring, as well as their consequences, as referred to in Article 4.6 of
the Decree, any storage in above-ground storage tanks of semi-heavy oil,
polyester resins, substances of ADR Class 8, packaging groups II and III without
additional hazard, PER or substances of ADR Class 5.1, shall comply with Articles
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4.14 to 4.19.2. In order to achieve a negligible soil risk as referred to in Article 4.6
of the Decree, any storage in above-ground storage tanks of liquid soilthreatening substances as referred to in Article 4.4a(e) and (f), of the Decree,
shall comply with Article 4.18.3. In order to prevent, or reduce where prevention
is not possible, any pollution of a surface water body, and to prevent or reduce as
far as possible any risks to the environment and the likelihood of unusual incidents
occurring, as well as their consequences, as referred to in Article 4.6 of the
Decree, any storage in a tank located over a surface water body, of semi-heavy
oil, substances of ADR Class 8, packaging group II and II, without additional
hazard, PER, substances of ADR Class 5.1, polyester resins or other liquid soilthreatening substances, shall comply with Article 4.18a.
HH
In Article 4.14(1), (3) and (4), the phrase 'liquid fuel, used oil, substances of
ADR Class 8, packaging groups II and III without additional hazard, PER and
substances of ADR Class 5.1’ shall be replaced with: semi-heavy oil, polyester
resins, substances of ADR Class 8, packaging groups II and III without additional
hazard, PER or substances of ADR Class 5.1.
II
Article 4.15 shall be amended as follows:
1. The first paragraph shall read as follows:
1.
Stationary above-ground storage tanks with their associated pipes and
appendages for the storage of semi-heavy oil, polyester resins or substances of
ADR Class 8 packaging group II and III without additional hazard, shall be
constructed, installed and repaired or replaced in accordance with the norm
document designated to that end under the Soil Quality Decree, by a person or
agency appropriately accredited pursuant to such Decree.
2. In the second paragraph and the fifth paragraph (new), the phrase 'aboveground stationary storage tanks' shall be replaced with: stationary above-ground
storage tanks.
3. In the fourth paragraph, the phrase ‘above-ground double-walled stationary
storage tanks’ shall be replaced with: stationary above-ground double-walled
storage tanks.
4. The fifth paragraph shall be deleted, while the sixth paragraph shall be
renumbered to become the fifth paragraph.
JJ
In Article 4.16, the phrase ‘above-ground stationary storage tanks’ shall be
replaced with: stationary above-ground storage tanks.
KK
Article 4.17 shall read as follows:
Article 4.17
Any storage of semi-heavy in mobile above-ground storage tanks, including their
associated pipes and appendages, shall comply with Section 4.9 of PGS 30.
LL
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Article 4.18(5) shall read as follows:
5. No other hazardous substances shall be stored above the drip tray as referred
to in the first paragraph if such substances can react with the substances in the
above-ground storage tank.
MM
Article 4.19(1) shall read as follows:
1. Articles 4.15, 4.16 and 4.18 shall not apply to above-ground storage tanks
containing liquid hazardous substances or liquid soil-threatening substances that
are not placed directly on the soil.
NN
A section shall be added after Article 4.21, with the following text:
Section 4.1.5. Use or storage of certain organic peroxides.
Article 4.22
1. In order to achieve a negligible soil risk and to prevent or reduce as far as
possible any risks to the environment and the likelihood of unusual incidents
occurring, as well as their consequences, as referred to in Article 4.9 of the
Decree, any packaged storage of substances of ADR Class 5.2, Type C, as well as
any use or packaged storage of substances of ADR Class 5.2, Types D to F, as
referred to in Article 4.8 of the Decree, shall comply with Articles 4.23 to 4.27.2.
In order to achieve a negligible soil risk as referred to in Article 4.9 of the Decree,
any packaged storage of substances in ADR Class 5.2, Type C as well as any use
or packaged storage of substances in ADR Class 5.2, Types D to F, as referred to
in Article 4.8 of the Decree, shall comply with Articles 4.23, 4.26 and 4.27.
Article 4.23
1. Any packaged storage of substances in ADR Class 5.2, Types D to F, shall
comply at least with the provisions of headings 4, 7 and 10 and requirements
8.1.3 to 8.1.7, 8.1.9 to 8.1.19 and 8.2.5 of PGS 8.2. Without prejudice to the first
paragraph, any packaged storage of substances of ADR Class 5.2, Types D to F, in
quantities of less than 30 kilograms, shall take place in a storage facility which
complies at least with requirements 5.4.1, 5.4.3 to 5.4.6, 5.4.8 to 5.4.10 and
5.4.12 of PGS 8.
3. Without prejudice to the first paragraph, any packaged storage of substances of
ADR Class 5.2, Types D to F, in quantities of 30 kilograms or more but less than
150 kilograms, shall take place in a storage facility which complies at least with
requirements 5.5.1 to 5.5.8 and 5.5.11 to 5.5.13 of PGS 8.
4. Without prejudice to the first paragraph, any packaged storage of substances of
ADR Class 5.2, Types D to F, in quantities of 150 kilograms or more but less than
1000 kilograms, shall take place in a storage facility which complies at least with
requirements 5.6.1 to 5.6.11 and 5.6.15 to 5.6.19 of PGS 8.
5. Notwithstanding the second to fourth paragraphs, a daily supply or dispensing
room where substances of ADR Class 5.2 are kept for a maximum of 72 hours,
shall comply with requirements 5.8.2 to 5.8.11 and 5.8.14 to 5.8.16 of PGS 8.
Article 4.24
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1. A daily supply or dispensing room where substances of ADR Class 5.2 are kept
for a maximum of 72 hours, as well as any packaged storage of substances of
ADR Class 5.2, Types D to F in quantities of 150 kilograms or more, shall be
constructed so as to minimise the risk of fire spread, in accordance with Chapter 7
of PGS 8.2. The first paragraph shall at least be deemed as fulfilled if:
a. the distance between the storage facility and internal objects where people are
located is at least 10 metres; and
b. the distance to internal objects where people are not normally located, is at
least 5 metres.
Article 4.25
1. Article 4.23 shall not apply to substances of ADR Class 5.2, Types D, E and F,
for which the ADR does not require temperature control, if such substances are
stored in quantities not exceeding 1000 kilograms per storage facility, packaged
as LQ and in a facility constructed in accordance with the requirements of Sections
3.1, 3.2, with the exception of requirement 3.2.1.6, and of Sections 2.4, 3.8 to
3.20, requirement 3.21.1, Section 3.23 and Section 9.2 of PGS 15.2. Substances
of ADR Class 5.2, Type C, for which the ADR does not require temperature control,
shall be stored in quantities not exceeding 1000 kilograms per storage facility,
packaged as LQ and in a facility constructed in accordance with requirement
3.21.1 and the requirements of Sections 3.1, 3.2 with the exception of
requirement 3.2.1.6, 3.4, 3.8 to 3.20, 3.23 and 9.2 of PGS 15.
Article 4.26
1. Any use of substances of ADR Class 5.2, Types D to F, shall comply with
requirements 8.1.4, 8.1.16 to 8.1.19 and 8.2.5 of PGS 8.2. Any use of liquid
substances in ADR Class 5.2, Types D to F, shall take place over a liquid-proof
floor or paving.3. Any use of solid substances in ADR Class 5.2, Types D to F, shall
take place over a soil-protective device.4. If the working supply comprises more
than 25 litres of substances of ADR Class 5.2 Types D to F that are both liquid and
flammable, then such working supply shall be located over a drip tray.
Article 4.27
1. Any packaging of substances in ADR Class 5.2 shall be able to withstand normal
treatment and shall be such that none of the contents can escape from the
packaging unintended.2. Any packaged storage of substances of ADR Class 5.2,
Types C to F shall take place over a soil-protective device.
OO
Section 4.1.6. and Subchapter 4.2. shall be deleted.
PP
The heading of Subchapter 4.3. shall read as follows:
Subchapter 4.3. Activities with wood or cork.
QQ
In Articles 4.38(1), 4.40(2), 4.84a(1), sub c, 4.102a(1), 4.102i(1), and
4.104a(1), each occurrence of the phrase ‘total dust’ shall be replaced with: dust
class S.
RR
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The heading of Section 4.3.2. shall read as follows:
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Section 4.3.2. Cleaning, coating or gluing wood or cork or objects made of
wood, cork or ligneous materials.
SS
In Article 4.40(1)(a) and (c), and (2), Article 4.41(a), Article 4.42(a) and Article
4.43, each occurrence of the phrase ‘coating and gluing’ shall be replaced with:
coating or gluing.
TT
The heading of Subchapter 4.4. shall read as follows:
Subchapter 4.4. Activities related to rubber or plastic.
UU
Section 4.4.1. shall read as follows:
Section 4.4.1. Mechanical operations on rubber, plastic or products made of
rubber or plastic
Article 4.44
1. In order to prevent, or reduce as far as possible, diffuse emissions as referred
to in Article 4.27a(2) of the Decree, any dust of class S produced by mechanical
operations on rubber, plastics or products made of rubber or plastics, shall be
effectively suctioned off at the source to the extent reasonably practicable.2. For
an effective dispersal of emissions into the ambient air as referred to in Article
4.27a(2) of the Decree, the suctioned-off emissions produced by mechanical
operations on rubber, plastics or products made of rubber or plastics and released
into the ambient air shall be disposed of above the roof and upwards if there is a
sensitive building within 50 metres from any emission point, with the exception of
sensitive buildings within zoned industrial estates and business parks with fewer
than one sensitive building per hectare.
3. To protect air quality in accordance with the NeR, the competent authority may
issue specific requirements for the location and construction of the point of
discharge of the emissions into the ambient air as referred to in the second
paragraph.
Article 4.45
Article 4.27a(1) of the Decree shall be considered fulfilled in any case if:a. the
suctioned-off dust emissions from mechanical operations on rubber, plastics or
products made of rubber or plastics are passed through a filtering separator
meeting the requirements of Article 4.27a(1) of the Decree; and
b. the filtering separator is in a good state of repair, is regularly inspected and is
cleaned or replaced as frequently as necessary for proper operation.
Article 4.45a
In order to achieve a negligible soil risk as referred to in Article 4.27b of the
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Decree, any shredding of rubber, plastics or products made of rubber or
plastics which uses a system with an oil or coolant circuit shall take place over
a soil-protective device.
VV
The heading of Section 4.4.2. shall read as follows:
Section 4.4.2. Cleaning, coating or gluing rubber, plastics or products made of
rubber or plastics.
WW
Article 4.46 shall be amended as follows:
1. The first paragraph shall be amended as follows: a. The phrase 'In order to
prevent diffuse emissions or reduce them as far as possible' shall be replaced
with: In order to prevent diffuse emissions as referred to in Article 4.31 of the
Decree or reduce them as far as possible. Each occurrence of the phrase 'cleaning,
coating and gluing’ shall be replaced with: cleaning, coating or gluing.
2. In the second paragraph, the phrase 'In order to prevent dust pollution or
reduce it to acceptable levels, emissions of total dust are' shall be replaced with:
In order to prevent dust pollution as referred to in Article 4.31 of the Decree or
reduce it to acceptable levels, emissions of dust class S are.
3. In the third paragraph, the phrase ‘To ensure effective dispersal of emissions
into the ambient air’ shall be replaced with: To ensure effective dispersal of
emissions into the ambient air as referred to in Article 4.31 of the Decree.
4. In the fourth paragraph, the phrase 'In order to prevent odour pollution or
reduce it to acceptable levels' shall be replaced with: In order to prevent odour
pollution as referred to in Article 4.31 of the Decree or to reduce it to acceptable
levels.
XX
Article 4.47, sub a, shall be amended as follows:
1. ‘coating and gluing’ shall be replaced with: coating or gluing.
2. ‘plastics or plastic products’ shall be replaced with: of rubber, plastics or
products made of rubber or plastics.
YY
Article 4.48 shall be amended as follows:
1. ‘coating and gluing’ shall be replaced with: coating or gluing.
2. ‘plastics or plastic products’ shall be replaced with: of rubber, plastics or
products made of rubber or plastics.
ZZ
Article 4.49 shall be amended as follows:
1. The phrase ‘In order to achieve a negligible soil risk’ shall be replaced with: In
order to achieve a negligible soil risk as referred to in Article 4.31 of the Decree.
2. ‘coating and gluing’ shall be replaced with: coating or gluing.
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3. ‘plastics or plastic products’ shall be replaced with: of rubber, plastics or
products made of rubber or plastics.
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AAA
In Section 4.4, an Article shall be added after Article 4.49, with the following
text:
Section 4.4.3. Weighing or mixing rubber compounds or processing rubber,
thermoplastics or polyester resins
Article 4.49a
1. For the prevention, or reduction as far as possible where prevention is not
possible, of diffuse emissions as referred to in Article 4.31b(4) of the Decree, any
dust of class S produced in weighing or mixing rubber compounds shall be
effectively suctioned off at the source to the extent reasonably practicable.
2. For an effective dispersal of emissions into the ambient air as referred to in
Article 4.31b(4) of the Decree, any emissions produced in the weighing or mixing
of rubber compounds as well as any processing of rubber, thermoplastics or
polyester resins, to the extent that they are suctioned off, shall be disposed of into
the ambient air above the roof and upwards if there is a sensitive building within
50 metres from any emission point, with the exception of sensitive buildings
within zoned industrial estates and business parks with fewer than one sensitive
building per hectare.
3. To protect air quality in accordance with the NeR, the competent authority may
issue specific requirements for the location and construction of the point of
discharge of emissions into the ambient air as referred to in the second
paragraph.
Article 4.49b
Article 4.31b(1) of the Decree shall be considered fulfilled in any case if:
a. the suctioned-off dust emissions from weighing or mixing rubber compounds
are passed through a filtering separator meeting the requirements of Article
4.31b(1) of the Decree; and
b. the filtering separator is in a good state of repair, is regularly inspected and is
cleaned or replaced as frequently as necessary for proper operation.
Article 4.49c
1. Substances as referred to in Article 4.31b(2) of the Decree that are used in
mixing rubber compounds or processing rubber or thermoplastics, and which are
at least subject to a minimisation requirement, are:a. benzyl butyl phthalate
(BBP);b. dibutyl phthalate (DBP);c. di-ethyl hexyl phthalate (DEHP);d. di-isobutyl
phthalate (DIBP).2. The substances referred to in the first paragraph are fully
subject to the provisions of the EC Regulation on Registration, Evaluation and
Authorisation of Chemicals.
Article 4.49d
1. In order to prevent odour pollution as referred to in Article 4.31c of the Decree,
or reduce it to acceptable levels where prevention is not possible, the operator of
a facility shall take the following emission-reducing measures with respect to
styrene, unless they are not cost-effective or not technically feasible:
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Ministry of Infrastructure and the Environment
a. use of resins with additives reducing evaporation of styrene during curing;
b. use of resins with reduced styrene content; c. use of resins in which styrene
has been partially replaced with dicyclopentadiene; d. spraying methods not using
pressurized air;e. use of a low-pressure polyester resin application system; f.
switching to a closed cast system; g. switching to a vacuum film system; h.
covering buckets and containers; i. use of closed pipe systems for solvents and
resins; j. use of a downstream technology such as cryo-condensation, thermal or
catalytic after-burning, a bioreactor or an oxygen-radical generator.2. The first
paragraph shall not apply if the operator of the facility demonstrates that the
odour pollution does not exceed acceptable levels, or that the potential effect of
the styrene emission is limited to a zoned industrial estate or a business park with
less than one odour-sensitive object per hectare.3. In the processing of polyester
resins, if the odour pollution is found to exceed acceptable levels despite the
measures as referred to in the first paragraph, the competent authority may issue
specific requirements, subject to the NeR, for: a. refraining from outdoor
processing of polyester resins, b. the placement of the discharge pipe, c.
preventing or reducing diffuse emissions; or
d. restricting occasional peak odour levels to specific times.
4. In the processing of polyester resins, if the odour pollution is found to exceed
acceptable levels despite the measures as referred to in the first paragraph, and
the competences as referred to in the third paragraph are not sufficient to remedy
the violation, the competent authority may issue specific requirements, subject to
the NeR, specifying that a deodorisation system be installed or that the suctionedoff vapours and gases from the processing of polyester resins be discharged at a
greater height.
Article 4.49e
1. In order to achieve a negligible soil risk as referred to in Article 4.31d of the
Decree:
a. weighing or mixing of rubber compounds; b. processing of rubber or
thermoplastics using an installation with an oil or coolant circuit, orc. processing of
polyester resins or cleaning the equipment used for such processing shall take
place over a soil-protective device.
2. When constructing the soil-protective device for mixing rubber compounds as
referred to in the first paragraph, sub a, special attention shall be paid to the
supply inlets and draining outlets of the mixing installation.
BBB
The heading of Section 4.5.1. shall read as follows:
Section 4.5.1. Non-chipping, machining or thermal operations on or mechanical
finishing of metals.
CCC
After the heading of Section 4.5.2., a new Article shall be inserted with the
following text:
Article 4.54a
For welding of metals, the following classification as referred to in Article 4.40(2)
of the Decree shall be used: a. Class I and II:
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- TIG welding, plasma welding, pressure welding, autogenous welding and powder
welding of all materials except for painted materials.
b. Class III:
- Welding with coated electrodes, of all materials with the exception of
corrosion-resistant steel, beryllium and vanadium alloys, but with the exception of
painted materials;- MAG welding with filled wire, of all materials with the
exception of corrosion-resistant
steel and painted materials;- MIG/MAG welding with solid wire, of all materials
with the exception of copper, beryllium and vanadium alloys, and with the
exception of painted materials. c. Class IV:
Welding of painted materials (with the exception of red lead) using one of the
following methods:- TIG welding (with the exception of aluminium), plasma
welding, pressure welding,
autogenous welding, powder welding;- Welding with coated electrodes, MAG
welding with filled wire, and MIG/MAG welding with solid wire. d. Class V, VI
and VII:
- Welding with coated electrodes, of the following materials: corrosion-resistant
steel, vanadium alloys and beryllium alloys;- MAG welding with filled wire, of
the following materials: corrosion-resistant steel;- Welding with alloy electrode
or with alloy filled wire;- MIG welding with filled wire or solid wire, of the
following materials: copper alloys and beryllium and vanadium alloys;Welding with filled wire, of the following materials: non-alloy and alloy steel;Welding of the following materials: painted steel with red lead.
DDD
The heading of Section 4.5.5. shall read as follows:
Section 4.5.5. Cleaning, gluing or coating of metals.
EEE
After Article 4.65, an Article shall be inserted with the following text:
Article 4.65a
1. With respect to breaming of metals using an electric furnace, Article 4.54a(3) of
the Decree shall be considered fulfilled in any case if the vapours suctioned off
from the furnace are treated and fed back into the furnace by means of
condensation or absorption, without emissions into the ambient air.
2. With respect to breaming of metals using a gas-fuelled furnace with a capacity
of less than 5 tons of product to be cleaned, Article 4.54a(3) of the Decree shall
be considered fulfilled in any case if: a. the exhaust gases from the furnace are
passed through an after-burner meeting the requirements of Article 4.54a(3),
which has been configured such that:1° the temperature is at least 850°C until
the end of the cycle;2°. the after-burner has reached its operating temperature
before burning begins;
3°. the retention time of the exhaust gases is at least two seconds, and4°. the
emission concentration of carbon monoxide does not exceed 100 milligrams per
normalised cubic metre; b. the exhaust gases can only be discharged from the
furnace through the after-burner; c. the temperature of the furnace and afterburner is recorded continuously over time, andd. the furnace and after-burner are
in a good state of repair, are periodically inspected and are cleaned and replaced
as frequently as necessary for effective operation.
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3. With respect to breaming of metals using a gas-fuelled furnace with a capacity
of 5 tons or more of product to be cleaned, Article 4.54a(3) of the Decree shall be
considered fulfilled in any case if:
a. the exhaust gases from the furnace are passed through an after-burner
meeting the requirements of Article 4.54a(3), which has been configured such
that:
1° the temperature is at least 850°C until the end of the cycle;
2° II. the after-burner has reached its operating temperature before burning
begins;
3°. the retention time of the exhaust gases is at least two seconds, and
4°. the emission concentration of carbon monoxide does not exceed 100
milligrams per normalised cubic metre;
b. the exhaust gases can only be discharged from the furnace through the afterburner;
c. the oxygen content of the exhaust gases after passing the after-burner is at
least 6 %;d. safety devices are in place to ensure that breaming cannot start
when the after-burner does not operate, and that the after-burner cannot be
deactivated when the furnace is in operation;
e. the maximum load of the furnace has been determined and cannot be
exceeded;f. the after-burning time of the after-burner has been set to a value
determined in a control measurement at maximum load, which is sufficient to
burn all vapours at maximum load;g. the temperature of the furnace and afterburner is recorded continuously over time;
h. the oxygen and carbon monoxide content of the exhaust gases is measured and
recorded continuously, andi. the furnace and after-burner are in a good state of
repair, are inspected at least once every twelve months, and are cleaned and
replaced as frequently as necessary for effective operation.
FFF
The heading of Section 4.5.7. shall read as follows:
Section 4.5.7. Staining or etching metals.
GGG
The heading of Section 4.5.8. shall read as follows:
Section 4.5.8. Electrolytic or current-less application of metal coats to metals.
HHH
In the heading of Subchapter 4.5a, in the headings of Sections 4.5a.1 and
4.5a.3, and in Articles 4.84a, 4.84b, 4.84c, 4.84d, 4.84e, and 4.84f, each
occurrence of the phrase 'natural stone or brick' shall be replaced with: stone.
IIII
The heading of Section 4.5a.2 shall read as follows:
Section 4.5a.2. Application of glues, resins or coatings to stone.
JJJ
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After Article 4.84f, three sections shall be inserted in Subchapter 4.5a, with the
following text:
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Section 4.5a.4. Production of concrete mortar
Article 4.84g
1. In order to prevent diffuse emissions or reduce them as far as possible, as well
as for an effective dispersal of emissions into the ambient air as referred to in
Article 4.74j(3) of the Decree, the emissions produced by dosing and mixing for
the production of concrete mortar and released into the ambient air shall be
disposed of above the roof and upwards if there is a sensitive building within 50
metres from any emission point, with the exception of sensitive buildings within
zoned industrial estates and business parks with fewer than one sensitive building
per hectare.
2. To protect air quality in accordance with the NeR, the competent authority may
issue specific requirements for the location and construction of the point of
discharge of the emissions into the ambient air.
Article 4.84h
In dosing and mixing for the production of concrete mortar, Article 4.74j(2) of the
Decree shall be considered fulfilled in any case if the air exiting from outlet vents
is passed through a filtering separator which is in a good state of repair, is
periodically inspected and is cleaned and replaced as frequently as necessary for
effective operation.
Section 4.5a.5. Forming concrete products
Article 4.84i
1. In implementation of Article 4.74o(1) of the Decree, the operator of a facility
when applying stripping agents to formwork shall use:
a. operational measures to prevent unnecessary emissions of volatile organic
compounds;b. low-solvent products and efficient application methods.2. If the
emission reducing measures as referred to in the first paragraph have not been
taken or to an insufficient extent, the competent authority may require a
justification of the absences of such measures. Such justification shall include the
cost-effectiveness and technical feasibility of the measures.
Article 4.84j
In order to achieve a negligible soil risk as referred to in Article 4.74p of the
Decree:
a. the application of stripping agents to formwork,
b. the scalding of concrete, shall take place over a liquid-proof floor or paving or a
drip tray.
Section 4.5a.6. Crushing stony materials
Article 4.84k
In outdoor crushing of stony materials, Article 4.74r of the Decree shall be
considered fulfilled in any case if the crushed material is kept moist through
spraying and the dosing of the spraying water is adjusted to the requirements
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Ministry of Infrastructure and the Environment
such that no wastewater is produced.
Article 4.84l
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In indoor crushing of stony materials, Article 4.74s(1) of the Decree shall be
considered fulfilled in any case if the air exiting from outlet vents is passed
through a filtering separator which is in a good state of repair, is periodically
inspected and is cleaned and replaced as frequently as necessary for effective
operation.
Article 4.84m
1. In order to prevent diffuse emissions or reduce them as far as possible, as well
as for an effective dispersal of emissions into the ambient air as referred to in
Article 4.74s of the Decree, the emissions as referred to in Article 4.74s(2) of the
Decree that are produced by indoor crushing of stony materials and released into
the ambient air shall be disposed of above the roof and upwards if there is a
sensitive building within 50 metres from any emission point, with the exception of
sensitive buildings within zoned industrial estates and business parks with fewer
than one sensitive building per hectare.
2. To protect air quality in accordance with the NeR, the competent authority may
issue specific requirements for the location and construction of the point of
discharge of the emissions into the ambient air as referred to in the Article
4.74s(2) of the Decree.
KKK
Section 4.6.1. shall be deleted.
LLL
The heading of Section 4.6.3. shall read as follows:
Section 4.6.3. Deliveries of liquid fuel or compressed natural gas other than to
road motor vehicles, vessels or railway vehicles.
MMM
In Article 4.88(1), the phrase 'Articles 4.90 to 4.93' shall be replaced with:
Articles 4.91 to 4.93.
NNN
in Articles 4.88(1) and (2), 4.91, 4.92(1), 4.92a(1), 4.92b(1), 4.93 and 4.94(1)
and (3), the following shall be inserted after each occurrence of the phrase 'road
motor vehicles': , railway vehicles.
OOO
The heading of Section 4.6.4. shall read as follows:
Section 4.6.4. Maintenance or repair of engines, motor vehicles, railway vehicles
or other motorised equipment or test runs of combustion engines.
PPP
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Ministry of Infrastructure and the Environment
In Articles 4.95(1), and 4.96(1), the following shall be inserted after each
occurrence of the word ‘motor vehicles’: , railway vehicles.
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QQQ
In Article 4.97, the phrase 'repair or treatment of the surface' shall be replaced
with 'maintenance, repair or treatment of the surface' and the following shall be
inserted after the word ‘motor vehicles’: railway vehicles.
RRR
The heading of Section 4.6.5. shall read as follows:
Section 4.6.5. Maintenance, repair or hosing of pleasure craft.
SSS
The heading of Subchapter 4.7. shall read as follows:
Subchapter 4.7. Activities related to printing processes
TTT
In Subchapter 4.7., two sections shall be inserted after Article 4.102e with the
following text, renumbering Sections 4.7.1b. to 4.7.5. as Sections 4.7a.1. to
4.7a.5.:
Section 4.7.1b. Web-fed offset printing
Article 4.102ea
1. For the prevention, or reduction as far as possible where prevention is not
possible, of diffuse emissions as referred to in Article 4.94de of the Decree, any
gases and vapours released during heatset drying shall be effectively suctioned off
at the source to the extent reasonably practicable.
2. In order to prevent odour pollution as referred to in Article 4.94de of the
Decree or reduce it to acceptable levels where prevention is not possible, any
suctioned-off gases and vapours released into the ambient air shall be discharged
at least two metres above the highest roof line of any buildings located within 25
metres of the outlet.
3. The second paragraph shall not apply if the possible effect of the odour
emission of the escaping air from an exhaust installation is limited to a zoned
industrial park or a business park with less than one odour-sensitive object per
hectare.
4. If the odour pollution is found to exceed acceptable levels due to insufficient
dispersal of suctioned-off vapours or gases, absent disposal of odour emissions
through the suctioning system, or occasional peaks in the odour levels, the
competent authority may supplement the second paragraph with specific
requirements, in accordance with the NeR, for:
a. the location of the discharge pipe;
b. the prevention or limitation of diffuse odour emissions; or
c. restricting occasional peak odour levels to specific times.
5. Notwithstanding the first paragraph, if the odour pollution is found to exceed
acceptable levels and the competences as referred to in the fourth paragraph are
not sufficient to remedy the violation in accordance with the NeR, the competent
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Ministry of Infrastructure and the Environment
authority may issue specific requirements specifying that a deodorisation system
be installed or that the suctioned-off vapours and gases be discharged at a greater
height.
Article 4.102eb
In order to achieve a negligible soil risk as referred to in Article 4.94de of the
Decree in web-fed offset printing, any processing of inks, thinners, cleaning
agents and additives shall take place over a soil-protective device.
Section 4.7.1c. Flexography or intaglio
Article 4.102ec
1. In order to prevent diffuse emissions as referred to in Article 4.94di of the
Decree or reduce them as far as possible, any gases and vapours released from:
a. the mixing of solvent-containing ink and paint;
b. printing presses, finishing and laminating machines;
c. distilling solvent residues, ord. rinsing the packaging of solvent-containing ink,
paint or glueshall be effectively suctioned-off at the source to the extent
reasonably practicable.
2. In order to prevent odour pollution as referred to in Article 4.94di of the Decree
or reduce it to acceptable levels where prevention is not possible, any suctionedoff gases and vapours that are discharged into the ambient air:
a. shall be discharged at a distance of at least 2 metres above the highest roofline
of buildings located within 25 metres from the outlet; or
b. shall be passed through an effective deodorisation system.
3. The second paragraph shall not apply if the possible effect of the odour
emission of the escaping air from an exhaust installation is limited to a zoned
industrial park or a business park with less than one odour-sensitive object per
hectare.
4. If the odour pollution is found to exceed acceptable levels due to poor
performance of the deodorisation system, insufficient dispersal of suctioned-off
vapours, absent disposal of odour emissions through the suctioning system, or
occasional peaks in the odour levels, the competent authority may supplement the
second paragraph with specific requirements, in accordance with the NeR, for:
a. the design and maintenance of a deodorisation system;
b. the location of the discharge pipe;
c. the prevention or reduction of diffuse odour emissions; or
d. restricting occasional peak odour levels to specific times.
5. Notwithstanding the first paragraph, if the odour pollution is found to exceed
acceptable levels and the competences as referred to in the fourth paragraph are
not sufficient to remedy the violation in accordance with the NeR, the competent
authority may issue specific requirements specifying that a deodorisation system
be installed or that the suctioned-off vapours and gases be discharged at a greater
height.
Article 4.102ed
1. In order to achieve a negligible soil risk as referred to in Article 4.94di of the
Decree in intaglio printing:
a. any printing, finishing or laminating;
b. any mixing of water-based ink or finish, or
c. any rinsing of the packaging of water-based ink, finish or glue
shall take place over a soil-protective device.
2. In order to achieve a negligible soil risk as referred to in Article
4.94di of the Decree in flexography:a. the mixing of solvent-containing ink and
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paint;
b. distilling solvent residues, or
c. rinsing the packaging of solvent-containing ink, paint or glue
place above a liquid-proof floor or device.
Article 4.102ef
In order to prevent or reduce as far as possible any risks to the environment and
the likelihood of unusual incidents occurring, as well as their consequences, as
referred to in Article 4.94di of the Decree, any solvents used in intaglio printing
shall take place in a fire compartment. Such fire compartment shall not be used to
store or handle hazardous substances or flammable goods, with the exception of
storage or handling for purposes of distilling.
UUU
A subchapter shall be inserted after Article 4.102ef with the following text:
Subchapter 4.7a. Activities related to paper, cardboard or textiles.
VVV
The heading of Section 4.7a.1 (new) shall read as follows:
Section 4.7a.1. Processing, gluing, coating or laminating paper or cardboard.
WWW
The heading of Section 4.7a0.3 (new) shall read as follows:
Section 4.7a.3. Mechanical operations on or processing of textiles.
XXX
The heading of Section 4.7a0.5 (new) shall read as follows:
Section 4.7a.5. Gluing or coating textiles.
YYY
Sections 4.8.2, 4.8.3, 4.8.4, 4.8.6. and 4.8.7. shall be deleted.
ZZZ
The heading of Section 4.8.5. shall read as follows:
Section 4.8.5. Operating a battery charger.
AAAA
The heading of Section 4.8.8. shall read as follows:
Section 4.8.8. Operating a crematorium or using a garden of rest
BBBB
After Article 6.5h, an Article shall be inserted with the following text:
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Article 6.5ha
1. Above-ground stationary storage tanks with gas oil or used oil installed prior
to 1 January 2000 shall not be subject until 1 January 2015 to the following
requirements as referred to in Article 3.71d(1) and (2): 4.2.6 on certified overfill
protection, 4.3.1 on installation certificates, 4.3.2 on structural requirements for
collection basins, 4.5.2 of PGS 30, and Article 3.71(6).
2. Without prejudice to the first paragraph, above-ground stationary storage tanks
with liquid fuels or used oil, located within an establishment where activities of a
primarily or exclusively agricultural nature are undertaken, that was installed
between 1 January 2000 and 1 January 2007, shall not be subject until 1 January
2015 to Article 3.71d(1) nor to the following requirements as contained in Article
3.71d(2): 4.2.6 on certified overfill protection, 4.3.1 on installation certificates,
4.3.2 on structural requirements for collection basins, 4.5.2 of PGS 30, and Article
3.71d(6).
3. Article 3.71d(3) shall not apply to above-ground storage tanks installed prior to
the coming into effect of this Decree that are not placed directly on the soil.
CCCC
After Article 6.5i, an Article shall be inserted with the following text:
Article 6.5j
1. Article 3.114(4) to (6) shall not apply until 1 October 2012 to facilities for
which a permit was in effect and final immediately prior to the entry into force of
Article 3.114, which permit did not require a device as referred to in Article
3.114(4).2. Notwithstanding Article 3.114(4) to (6), the requirements of a permit
relating to the prevention, or reduction where prevention is not possible, of the
burden on the soil, as well as to the unsafe zone, shall continue to apply until 1
October 2012 to facilities as referred to in the first paragraph.
DDDD
Article 6.7 shall be amended as follows:
1. In the first paragraph:a. The phrase 'Article 1.4(1), (2) or (3), of the Decree’
shall be replaced with: this Decree or part thereof, to an activity.
b. The phrase ‘3.63(1)’ shall be replaced with: 3.27j(1);c. after ‘4.84a(3)’, the
following shall be inserted: 4.84g(1), 4.84m(1).
2. In the second paragraph:
a. The phrase ‘3.63(2)’ shall be replaced with: 3.27j(2);b. after ‘4.84a(3)’, the
following shall be inserted: 4.84g(1), 4.84m(1);
EEEE
Article 6.8 shall be amended as follows:
1. The first paragraph shall be amended as follows:
a. The phrase 'Article 1.4(1), (2) or (3), of the Decree’ shall be replaced with:
this Decree or part thereof, to an activity.
b. the phrase ‘Articles 4.40(4), 4.46(4), 4.64(4), 4.68(6), 4.84c(2), 4.85,
4.100(1), 4.102c(2), 4.102f(2), 4.104d(2), 4.107(1), and 4.108(1)’ shall be
replaced with: Articles 3.27l, 3.103(1), 3.104(1), 4.40(4), 4.46(4), 4.64(4),
4.68(6), 4.84c(2), 4.100(1), 4.102c(2), 4.102f(2), and 4.104d(2).2. In the second
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paragraph, the phrase ‘Articles 4.40(7) and (8), 4.46(7) and (8), 4.64(7) and (8),
4.68(8) and (9), 4.84c(4) and (5), 4.100(3) 4.102c(4), 4.102f(4) and (5),
4.104d(4) and (5), 4.107(4), and 4.108(2) and (3)’ shall be replaced with:
Articles 3.103(4), 3.104(2) and (3), 4.40(7) and (8), 4.46(7) and (8), 4.64(7) and
(8), 4.68(8) and (9), 4.84c(4) and (5), 4.100(3) 4.102c(4), 4.102f(4) and (5),
and 4.104d(4) and (5).3. In the third paragraph the phrase ‘Article 4.107(1)’ shall
be replaced with: 3.103(1).
FFFF
Article 6.10 shall be amended as follows:
1. The first and fifth paragraphs shall be deleted, and the second to fourth
paragraphs shall be renumbered as the first to third paragraphs.
2. In the second paragraph (new), the phrase ‘4.15(6)’ shall be replaced with:
4.15(5).3. In the third paragraph (new), the phrase ‘4.15(6)’ shall be replaced
with: 4.15(5).
GGGG
After Article 6.11, an Article shall be inserted with the following text:
Article 6.11aa
1. Article 4.84j, preamble and sub a, shall not apply to facilities for which a
permit was in effect and final immediately prior to the entry into force of Article
4.84j, which requires other soil-protective devices or soil-protective measures
which serve to achieve a negligible soil risk during the application of stripping
agents.2. Notwithstanding Article 4.84j, preamble and sub a, the requirements of
the permit will continue to apply to facilities as referred to in the first paragraph in
order to achieve a negligible soil risk when applying stripping agents to formwork.
HHHH
Article 6.11b shall be deleted.
IIII
Article 6.15(3), second sentence shall read as follows: Subchapter 2.2 and
Annex 1 shall enter into force with effect from 1 January 2014.
JJJJ
After Annex 6, an Annex shall be inserted with the following text:
Annex 7 to the Activities Regulation
Indoor Shooting Ranges Measuring Instruction
Objective of the Measuring InstructionThe objective of the Indoor Shooting
Ranges Measuring Instruction is to determine the noise emissions due to shooting
noises around a civil indoor shooting facility at the façades of noise-sensitive
objects located in the vicinity or in enclosed or adjacent buildings.
Shooting and impulse noises in existing requirementsThe Industrial Noise
Measurement and Calculation Manual (1999) states that it does not apply to
shooting noise. For surveying and assessing shooting noise, see the Shooting
Noise Circular (original version 1979).In the Shooting Noise Circular, assessments
of shooting noise are based on two aspects: the ‘Lknal’ level of a single shot, and
the average noise level over a period of one hour (taking account of the number of
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shots fired). However, the Circular applies specifically to outdoor shooting
facilities. In addition, the Circular requires the use of Lknal values, where the
measurements are to be carried out in the ‘impulse’ and ‘A-weighted’ positions,
with associated dB(A, imp) values. However, the international standard for noise
meters, IEC 61672:2003, now requires exclusively ‘fast’ and ‘slow’ timeweighting, concluding that ‘impulse’ weighting is not suitable for impulse noise.
Any reference in this norm to the impulse meter reading is included for historic
reasons only.There is accordingly no prescribed measurement method for
calculating the criterion values for shooting noise from indoor shooting ranges.
This gap is filled by this new measuring instruction.
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Criterion values for shooting noise from indoor shooting rangesThe
Activities Decree uses two criteria for assessments of noise from shooting ranges:
The long-term average assessment levels (LAr,LT) and the maximum noise level
(LAmax) for three assessment periods: the day, evening and night periods.The
measurement and calculation of the long-term average assessment levels (LAr,LT)
shall be based on the A-weighted noise exposure level LAE of a single shot (see
ISO17201). The equivalent noise level LAeq of a weapon type relates to the noise
exposure level LAE as:LAeq = LAE – 10log(T) + 10log(N)
(1)
whereLAE
the noise exposure level of the weapon type;T
the duration
of the assessment period in seconds;
N
the number of shots fired during the assessment period.
The LAmax level is the maximum A-weighted noise level of a single shot, measured
in the ‘Fast’ meter position.Four different categories are distinguished for the
weapon types used at indoor shooting ranges:
1) SCP: small-calibre pistol (up to.22 / 5.6 mm);
2) SCR: small-calibre rifle (up to.22 / 5.6 mm);
3) LCP: large-calibre pistol (larger than.22 / 5.6 mm);
4) LCR: large-calibre rifle (larger than.22 / 5.6 mm);
Depending on operational circumstances, a single representative weapon is
defined for the different relevant assessment periods in each category. This is
described in the following chapter.The long-term average assessment level (LAr,LT)
for the various relevant assessment periods is calculated using the formula below.
Similarly to Section 7.3.2 of the Industrial Noise Measurement and Calculation
Manual, a 5 dB surplus K2 is applied for the pulse-like shooting noise:
- 10*logT + 5 (2)
Here,Ncat `
The total number of shots fired per year in each category during
the relevant assessment period (day, evening, night), i.e. not only the shots fired
from the representative weapon type in the relevant category;LAE,cat The average
measured noise exposure level for the representative weapon;T
The number
of seconds in the relevant assessment period (for the daytime periodfrom 07:00
to 19:00, this is 365x3 600×12 = 15 768 000 seconds).Other noise produced by
the facility (devices such as fans) is added on the following basis:𝐿𝐴𝑟,𝐿𝑇 =
10 log(100,1∗𝐿𝑠𝑐ℎ𝑖𝑒𝑡 + 100,1∗𝐿𝑜𝑣𝑒𝑟𝑖𝑔 ) (3)
Where:
Lschiet is the LAr,LT of the shooting noise;Loverig is the LAr,LT of the other noise from the
facility.
Acoustically representative operational circumstancesThe typical
representative assessment period for the noise situation at the shooting facility
has been defined as one calendar year.The representative use in numbers of shots
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is divided among the aforementioned four weapon categories. A representative
weapon type is also defined for each category.
A representative weapon is defined as the weapon that produces the highest noise
levels within a given category. This is defined as the weapon within the category
with: the largest bore; the highest propulsive charge weight; the highest bullet
exit velocity; and the shortest barrel. The weapon which based on the above
should be expected to produce the highest noise emission, and which in the
representative operational circumstances is associated with more than 5 % of the
number of shots fired in the relevant category, shall be designated as the
representative weapon.
Calculation of assessment criteria
The noise emission of a weapon category, expressed in terms of the A-weighted
noise exposure level, is calculated from measurements of the weapon type that is
representative for the given weapon category. The long-term average assessment
levels (LAr,LT) for the various assessment periods are then determined using
formula (2).The maximum noise level (LAmax) is determined as the highest
measured LAmax level of any of the four representative weapons.
If the indoor shooting facility has a number of ranges, the above method must be
followed for each individual range. The long-term average assessment level is
then determined as the energy-related sum of the assessment levels of the
individual ranges. The maximum noise level is then determined as the highest
level of the levels of the individual ranges.If the facility produces noise other than
shooting noise, such noise shall be added using formula (3). The assessment
period for this noise is also one year.
Measurement of noise emissions
Indicative measurementsIndicative measurements may be carried out initially
at the façade of sensitive buildings or in enclosed and adjacent sensitive buildings.
These serve to assess whether any eventual measurements at the sensitive object
can be made reliably, and which are the relevant shooting positions.An indicative
measurement is made by reading the variation in LAmax levels from the noise level
meter before, during and after a series of 3 shots. If the level of the
measurements with shooting noise is at least 5 dB more than without shooting
noise, then LAE and LAmax measurements can be made reliably. Direct
communication with the shooter is important to correctly set the timing of
measurements. It is important to make these indicative measurements with a
minimum of background noise.If the above difference is less than 5 dB,
measurements can still be made, but they will not be reliable, and will give only
an upper limit to the noise levels produced. However, the noise from these
situations is not expected to produce hindrance.
MeasurementsAt the façade of sensitive buildings, or in enclosed and adjacent
sensitive buildings, the LAE and LAmax levels are measured for each of the four
representative weapon types. For determining the locations of measurement,
please see Section 3.7 of the Industrial Noise Measurement and Calculation
Manual.
Because of the short duration of the shooting noise, as well as the possible
variation in the levels of consecutive shots, at least 5 shots from each
representative weapon type must be measured for each position. If the standard
deviation of the energy-relative average of the LAE measurements (standard
deviation of the measured noise levels, divided by √(N- 1)) is higher than 1 dB,
the number of shots should be increased until the standard deviation is less than 1
dB.The incoming noise level is the relevant level for the assessment. If the point
of measurement is located immediately in front of a façade, the incoming noise
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level should be adjusted with the façade adjustment term Cg as defined in the
Industrial Noise Measurement and Calculation Manual.Measurements should be
carried out for shooting positions in the centre of the range, as well as for all other
relevant shooting positions relative to the stop butt. It is possible that acoustic
leakage through the ventilation system causes measured noise levels to be higher
when the shooter is closer to the stop butt.
To determine the long-term average assessment levels, the measured noise
exposure levels in each measurement location and shooting location shall be
averaged in terms of energy. If measurements have been made for different
shooting positions in a given assessment location, then the calculation of the longterm average assessment level shall be based only on the measurements from the
shooting position that produced the highest average noise exposure level.Also, the
LAeq level of the background noise shall be determined for each measurement
location, for a duration of at least 1 minute during the quietest possible
period.Measuring shooting noise requires specific expertise, paying special
attention to the dynamic range of the measuring system, the effects of
background noise levels, and the weather conditions on the transmission path
from the shooting facility to a noise-sensitive object. With respect to wind
direction, the requirements of Section 3.5.5 of the Industrial Noise Measurement
and Calculation Manual shall apply. If the distance from the facility to a particular
measurement location is less than 50 metres, measurements need not take
account of weather conditions. The wind speed at 10 m altitude should be less
than 5 m/s in all cases.
Equipment
Measurements shall be carried out with a Type 1 noise level meter as defined in
IEC 61672. In addition, it is recommended that the noise meter used meets the
additional requirements for measuring pulse noise as defined in the same norm.
Some older noise meters determine the noise exposure level by integrating a
small number of samples from the broadband instantaneous noise level. For this
type of noise level meter, the sampling interval should be smaller than or equal to
100 ηs.
References
• Industrial Noise Measurement and Calculation Manual [Handleiding meten en
rekenen industrielawaai], 1999;• IEC 61672:2003;
• ISO 17201-1:2005/Cor 1:2009, Acoustics, Noise from shooting ranges, Part 1:
Determination of muzzle blast by measurement.
ARTICLE II
The Type Inspection Regulation for Air Pollution through Nitrogen Oxides from
Heaters [Typekeuringsregeling verwarmingstoestellen luchtverontreiniging
stikstofoxiden] is hereby repealed.
ARTICLE III
The Environmental Management (Medium-Sized Combustion Plants Emission
Requirements) Implementing Regulation [Uitvoeringsregeling emissie-eisen
middelgrote stookinstallaties milieubeheer] is hereby repealed.
ARTICLE IV
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The present Regulation shall enter into force on the date of entry into force of
the Decree of … amending the Environmental Management Facilities (General
Rules) Decree [Besluit algemene regels voor inrichtingen milieubeheer] and the
Living Environment Law Decree [Besluit omgevingsrecht] as well as certain other
Decrees (novel activities, integration of Environmental Management (Emission
Requirements for Medium-sized Heating Systems) Decree [Besluit emissie-eisen
middelgrote stookinstallaties milieubeheer], simplifications and corrections in the
Environmental Management Activities Decree [Activiteitenbesluit milieubeheer])
(OJ.…).
The present regulations shall be published in the Government Gazette
[Staatscourant] together with the explanatory memorandum thereto.
THE STATE SECRETARY FOR INFRASTRUCTURE AND THE ENVIRONMENT,
Joop Atsma
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EXPLANATORY MEMORANDUM
GENERAL PART
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1. Introduction
The present Regulation serves to amend the Environmental Management
(Activities) Regulation of 9 November 2007, No DJZ2007104180 (Official Gazette
2007, No 223). The amendment relates to the third sub-phase of the ‘second
phase general rules update’ project, in which — building on the first phase, which
culminated in the entry into force of the Environmental Management Activities
Decree on 1 January 2008 as well as the Environmental Management (Activities)
Regulation — further permit-requiring facilities are brought under general rules.
This also fully continues the drive to reduce the administrative burden.
2. Objective of the Regulation
The amendment relates to the third sub-phase of the second phase of the project,
in which further permit-requiring activities are brought within the scope of the
Activities Decree, namely activities in the rubber and plastics manufacturing
sector, in the food industry, in shooting facilities (indoor shooting ranges and
paintball facilities), in the concrete industry, the graphical industry and facilities
for maintenance, repair and cleaning etc. of railway vehicles.
A large number of ministerial decrees were already transferred into the Activities
Decree in the first phase of the project. The present amendment now transfers the
Emission Requirements (Medium-Sized Combustion Plants) Decree [Besluit
emissie-eisen middelgrote stookinstallaties, BEMS] into the Activities Decree.
This third sub-phase also contains a number of simplifications and corrections.
For a detailed explanation of the rationale, objective and content of the third subphase of the second phase of the Activities Decree and its associated Regulation,
please see the general part of the explanatory memorandum to the Amendment
Decree.
3. Reference to the explanatory memorandum to the Activities Regulation
The rules that have been incorporated into the Activities Decree are either of
major importance for the scope of obligations of the operators of facilities, or are
necessary in the interests of environmental protection. Accordingly, the Activities
Decree contains target-related provisions where possible. The Activities Regulation
contains measures mostly in the form of means-related provisions. A distinction is
made between obligatory and approved measures.
For a detailed explanation of obligatory and approved measures, please see the
general part of the explanatory memorandum to the Activities Decree (Official
Journal 2007, No 223).
4. Effects on businesses and government agencies
In the context of the preliminary draft of the Amendment Decree, research was
done into the effects of the Amendment Decree and the present Regulation on
businesses and government agencies. Sections 12 and 13 of the explanatory
memorandum to the Amendment Decree address these aspects.
5. Implementability and enforceability
The regulation primarily addresses the operator of a facility. Accordingly, the
operator of the facility is also responsible for compliance with the requirements.
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The requirements are formulated so as to be implementable for the operator of a
facility. An important relevant aspect is that the requirements of the present
Amendment Decree are consistent with the requirements that have been
incorporated into the Activities Decree and the Activities Regulation. For a detailed
explanation of the implementability and enforceability, please see Section 14 of
the explanatory memorandum to the Third Sub-Phase Amendment Decree.
6. Notification
The draft of the present Regulation was notified to the Commission of the
European Communities on PM (notification number …/…/NL) in compliance with
Article 8(1) of Directive 98/34/EC of the European Parliament and of the Council of
22 June 1998 laying down a procedure for the provision of information in the field
of technical standards and regulations and of rules on Information Society services
(OJ L 204), as amended pursuant to Directive 98/48/EC of 20 July 1998 (OJ L
217).
PM (comments from the Commission)
The draft Amendment Regulation has not been notified to the WTO because it
does not have any significant consequences in that respect.
7. Responses in the public inquiry procedure
The draft of the present Regulation, together with the draft of the Amendment
Decree (Official Gazette 2011, No 19962), was pre-published in the Official
Gazette [Staatscourant] (Official Gazette 2011, No 20062) on 11 November 2011.
In response to these pre-publications, the State Secretary for Infrastructure and
the Environment has received around 40 public-inquiry responses. Municipalities,
provinces, industry associations and private individuals have submitted responses
to the public inquiry. The responses received have been analysed with due care.
Public inquiry responses leading to improvements have been incorporated
wherever possible into adjustments of the wording of the Amendment Decree or
explanatory memoranda to the Decree or Regulation. The scope of the present
explanatory memorandum does not permit a comprehensive discussion of all
these responses to the public inquiry. Specific replies have been provided to the
responses received where respondents indicated their desire to receive such reply.
Based on the responses, a number of omissions in the Amendment Regulation
were rectified, such as the inclusion of glass in Article 3.27b(5) sub c of the prepublished version. The Article on the municipal waste collection site was also
adjusted, as well as the provisions on the use and storage of organic peroxides.
Finally, Articles 3.7a and 3.7m (new) were amended. The explanations of the
individual Articles address the various changes.
NOTES BY SECTION
ARTICLE I
Part A
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This part comprises a number of definitions that are relevant for the determination
of the requirements for the construction of indoor shooting ranges. These
requirements have been laid down in Table 3.110.
bore
For smooth barrels, this is the diameter of the barrel. For so-called grooved
barrels, i.e. barrels with helical grooves serving to impart a rotational movement
around the longitudinal axis to the bullet or projectile, this is the diameter as
measured next to the grooves instead of in the grooves. The bore shall be
indicated in both millimetres and inches. The bore of a weapon in inches shall be
given without units, e.g. ‘.22’ represents a bore of 0.22 inches or 5.6 millimetres.
stop buttThis is a device which reduces the kinetic energy of the projectile to zero.
Stop butts exist in a variety of designs, e.g. a sand heap, a steel sheet placed at
an angle, a set of steel sheets (lamellas) placed at an angle, or a bullet-capturing
container.
shoulder gun, handgunThe definitions of a shoulder gun and handgun are as
commonly used in the industry. The distinction between handguns and shoulder
guns is important because of the difference in impact energy of the projectiles
fired. The bore is another important factor. Shooting ranges for guns are 10 to 50
metres in length, whereas shooting ranges for shoulder guns are usually 50 to 100
metres.
Part B
Pursuant to the first paragraph, a number of references to standards shall be
deleted.
The Dutch standard NEN 2819:1994 for Air Quality – Stationary source emissions
- Sampling and determination of fluoride content, May 1994, has been withdrawn.
It has been replaced with the international standard ISO 15713:2006 Stationary
Source Emissions - Sampling and determination of gaseous fluoride content. For
that reason, the third paragraph of this part of Article 1.2 of the Activities
Regulation refers to the other norm.A previous amendment of the Regulation had
omitted to repeal the definition with reference to NEN-EN-ISO 9377-4, leading to
two different versions of the norm being included. The amendment rectifies this
omission. Both the Activities Decree and its associated Regulation now refer to the
correct standard, i.e. NEN-EN-ISO 9377-2.The standard NEN-EN-ISO 103042:1996 has also been repealed. Finally, the concept BRL K903 has been dropped.
Under the Soil Quality Decree, there is an approval obligation for the norm
document BRL K903. The Annex to the Soil Quality Regulation refers to the most
recent version of each respective norm document. Amendments to the norm
document lead to corresponding changes to the Soil Quality Regulation. The
present amendments ensure that the Activities Regulation no longer needs to be
changed accordingly as well. The amendments ensure an unambiguous reference
to the relevant norm document.
The second paragraph of this part includes the concept ‘PGS 8’. This is related to
the inclusion of general rules for organic peroxides in the Activities Decree and the
Activities Regulation.
Finally, the third paragraph contains an amendment so that the reference is now
to a newer version of the NEN-EN 13725 standard.
Parts C and D(1)
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On 2 April 2012, a new Dutch Soil Protection Guideline [Nederlandse Richtlijn
Bodembescherming, NRB] was published by Agentschap NL, replacing the old
version of 2001 (2003) by InfoMil. The references to the NRB in Articles 2.1 and
2.2 of the Activities Regulation have been updated accordingly. This is a purely
technical amendment without substantive consequences.
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Part D(2)
In the Amendment Decree associated with the present Amendment Regulation,
the scope of Section 3.3.5. has been expanded to cover the storage in
underground tanks of certain commonly used organic substances and certain
liquid soil-threatening substances. One example of a liquid soil-threatening
substance that has been brought within the scope of Section 3.3.5. is brine.
For purposes of soil protection, in Article 2.2(2) of the Activities Regulation
contains a provision for the storage of certain substances in underground tanks.
With the entry into force of the present Amendment Regulation, the
aforementioned provision also applies to those organic substances and liquid soilthreatening substances that have been brought within the scope of Section 3.3.5.
of the Activities Decree. The explanatory memorandum to the Activities Regulation
(Official Gazette 2007, No 223) already contains an explanation of Article 2.2.
From this it follows that each underground storage tank should have a ground
water level indicator. Where several storage tanks are present, one ground water
level indicator for each three underground storage tanks shall be considered
sufficient, provided such storage tanks are located within ten metres of each
other. This distance of ten metres applies to the group of tanks as a whole, i.e. all
three underground tanks must be located within a ten metre diameter.
Part E
Reference is made to the explanations of the individual Articles in part B(1). In
addition to the provisions mentioned in this Part, the same amendment is also
applied in Articles 3.21(1) and 4.15(1) of the Activities Regulation. See Parts K
and II.
Part F
Roofing waste is produced in companies performing work on roofs, such as roofers
and contractors. For these companies, storage of roofing waste is exempt from the
permit requirement. This follows from Annex I, Part C, Category 28.10, under 12,
sub a, second indent, of the Living Environment Law Decree [Besluit
omgevingsrecht].
These companies should keep their roofing waste separated according to these
four categories. The categories are explained in more detail in Sector plan 33
(Roofing Waste) of the LAP2. Otherwise, the Activities Decree provides that
municipal waste collection sites may provide storage only of roofing waste, since
collection at a waste collection site does not ensure adequate separation of the
roofing waste. The specific separation obligation of the waste collection site
(Article 3.115 (new)) therefore entails an obligation for roofing waste that is
different from this second paragraph.
Part G
Section 3.2.1. as prevailing prior to the entry into force of the present Amendment
Regulation applied to operating a cogeneration plant. This section has been
replaced — in the Activities Decree as well — with a section on operating a non-
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major combustion plant. The provisions of this new section have largely been
taken from the BEMS.
Cogeneration plants and emergency power generators are combustion plants. It is
undesirable to have the rules for combustion plants spread over different parts of
the Activities Decree and Activities Regulation. For that reason, the rules for
operating cogeneration installations and emergency power generators have been
brought under the rules for operating non-major combustion plants. The section
on emergency power generators is deleted accordingly.
Article 3.5
This provision includes approved measures. If the conditions of the first paragraph
are met, the operation of a boiler system is deemed compliant with the
requirements for emissions into the ambient air with respect to total dust as
incorporated into the Activities Decree. Approved measures apply only to
combustion plants where liquid fuel is being burned. The first paragraph simplifies
the measuring obligation for total dust when burning liquid fuel in a boiler
system.If the conditions of the second or third paragraph are met, the operation
of a combustion plant with a rated power less than 1 Megawatt is deemed
compliant with the requirements for emissions into the ambient air with respect to
total dust or nitrogen oxides (NOx) as incorporated into the Activities Decree.
Approved measures apply only to combustion plants where wood is being burned.
Article 3.6(5) provides that measurements are not required if approved measures
have been taken. In that case the emission requirements will be considered to
have been met. If the approved measure as referred to in the first paragraph is
implemented, the carbon monoxide content of the exhaust gas will need to be
proven in an inspection as referred to in Article 3.7m.
Article 3.6
Article 3.6 defines the situations to which the Articles of Section 3.2.1. of the
Regulation will apply, and the delegation clauses in the Activities Decree on which
they are based. Each group of provisions as referred to in the various paragraphs
of Article 3.6 relates to a different category of combustion plants. The delegation
provision included in the Activities Decree defines the categories of combustion
plants concerned. Combustion plants may fall in several or all categories, so that
potentially all provisions of this Section could apply.The explanation of Article 3.5
(new) of the Activities Regulation already discusses the fifth paragraph of this
provision.
Articles 3.7 to 3.7j
Articles 3.7 to 3.7j contain the requirements that must be fulfilled by
measurements of the emission limits set by the Activities Decree for the operation
of certain combustion plants. These requirements have been taken from Chapter 3
of the BEMS as well as from the Implementing Regulation. The explanatory
memoranda to the aforementioned Decree and Regulation apply accordingly
(Official Journal [Staatsblad] 2009, No 547 and Official Gazette [Staatscourant]
2010, No 2254).
The changes are almost exclusively editorial in nature. The substantive content of
the rules has remained the same, although they now apply to a larger group of
facilities and combustion plants. The explanation of the relevant amendment of
the Activities Decree addresses this matter at length. It is expected that facility
owners operating boiler systems between 400 Kilowatts and 1 Megawatt will
choose to undertake individual measurements instead of continuous
measurements.
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Some additional clarifications have been made to Article 3.7a (Article 3.1.4 of the
BEMS). For instance, it has been clarified that individual measurements must be
carried out by (employees of) a company. This is because the phrase ‘person
holding a valid certificate’ as used in the BEMS seemed to be an unintended
reference to certification of persons.
Further, the phrase in 3.7a providing that ‘a person possessing proof that
requirements equivalent to those of such assessment guideline, Scope 6, have
been met, provided that he carries out such measurement in accordance with
those equivalent requirements’ will also be authorised to carry out individual
measurements, will be deleted since it duplicates Article 1.3 of the Activities
Decree. This is because the phrase implied that other companies, e.g. those
certified by accredited entities other than a Dutch ones, which should be treated
as equivalent, would not be authorised to carry out individual measurements.
Under Article 1.3 of the 3 Activities Decree, a certificate or accreditation issued by
an appropriately authorised agency in another Member State of the European
Union or in a State, not being a Member State of the European Union, which is
party to a treaty covering the relevant subject matter which is binding upon the
Netherlands, shall be treated as equivalent to a certificate or accreditation as
referred to in the Activities Decree or Activities Regulation, provided that it is
based on inquiries or documents which provide a level of protection at least
equivalent to the level pursued by the equivalent national inquiries or documents.
Articles 3.7k and 3.7l
These Articles contain the obligatory measures on discharges of drain water and
on soil protection. These measures have been taken from Articles 3.7, 4.36 and
4.110 (old) of the Activities Regulation.
The scope of this provision has been expanded: the measures now apply to a
larger group of facilities and combustion plants. See the explanatory
memorandum to the Amendment Decree associated with this Amendment
Regulation. However, there have been no substantive changes in the requirements
for draining steam boilers and for soil protection. This is an exhaustive provision,
i.e. the competent authority will not be authorised to impose specific requirements
under the duty of care. With respect to the soil-protection rules, it is pointed out
once again that under the Activities Decree, a soil-protective device is understood
to be a liquid-blocking device, a liquid-proof floor or paving or another effective
physical device preventing emissions into the soil.
Article 3.6 of the Activities Regulation shall be deleted. The Gasunie rules for safe
use of natural gas in gas turbines are repealed. These rules have been replaced
with NEN-ISO 21789. The NEN-ISO 21789 standard has been incorporated into
the SCIOS certification scheme. This has caused Article 3.6 of the Activities
Regulation (old) to be redundant.
Articles 3.7m to 3.7p
These provisions set requirements for inspection and maintenance of combustion
plants (3.7m and 3.7n) as well as for reporting and for keeping documents
available (3.7o and 3.7p). The requirements have been taken from the BEMS and
from its associated Implementing Regulation. The scope of this provision has been
expanded: the measures now apply to a larger group of facilities and combustion
plants. See the explanatory memorandum to the Amendment Decree associated
with this Amendment Regulation. However, there have been no substantive
changes to the requirements. For an explanation of the change in the sixth
paragraph of 3.7m, please see the explanation of Article 3.7a.
Parts G (partly), H (partly), P, X, Y (partly), Z (partly) OO, KKK and YYY
These parts incorporate the changes caused by moving activities from Chapter 4
to Chapter 3 (see the general part of the explanatory memorandum to the
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Activities Decree, under ‘simplifications’). This is in keeping with the corresponding
amendments in the Activities Decree. No substantive changes have been made.
These are the following movements:
- Section 4.1.6. The filling of gas cylinders with propane and/or butane has been
moved to Section 3.4.8. (Parts Y and OO);- Section 4.2.1. Operating a combustion
plant has been moved to Section 3.2.1. (parts G and OO);- Section 4.2.2.
Operating of a cooling system has been moved to Section 3.2.6. (Parts H and
OO);- Section 4.6.1. Providing parking spaces in a car park has been moved to
Section 3.3.4. (Parts P and KKK);- Section 4.8.2. Providing spaces for mooring
pleasure craft has been moved to Section 3.3.4. (Parts P and YYY);- Section 4.8.3.
Preparing foodstuffs has been moved to Section 3.6.1. (parts Z and YYY);- Section
4.8.4. Slaughtering animals, butchering meat or fish or processing animal
products has been moved to Section 3.6.2. (Parts Z and YYY);- Section 4.8.6.
Operating an emergency power generator has been moved to Section 3.2.1 (parts
G and YYY), and- Section 4.8.7. Traditional shooting has been moved to Section
3.7.2. (parts Z and YYY).
In addition, the provisions in part P and X Section 3.4.4. on Disassembling end-oflife vehicles has been moved. This section has been moved to a more logical
location in keeping with the changes in the Activities Decree. No substantive
changes have been made. One editorial change has however been made in
Articles 3.27d, 3.27e and 3.27f (3.57, 3.58 and 3.59 (old)): instead of ‘other
products’ the reference is now simply to ‘products’, since the provisions relate to
the storage of products as opposed to the storage of drained or disassembled
substances and preparations.
Part H
In part H, in addition to moving the section on operating a cooling system, a
section is added in the Subchapter on Installations: operating a switch heating
system. Corresponding to the Decree, this section concerns only installations in
which a soil-threatening liquid is used. In order to achieve a negligible soil risk,
the installation should comply with Article 3.16e. For completeness it is noted that
the Article does not comprise a requirement for any spillage or other incidents that
might occur during inspection, maintenance or management of the switch heating
system. Those situations are therefore covered by the duty of care.
Parts J to O
These parts extend the scope of Sections 3.3.1 and 3.3.2. to reflect the extension
of the scope of Sections 3.3.1 and 3.3.2 of the Decree.
Part Q, R, T, U and V
Part Q extends the scope of Section 3.4.2. The heading for the Subchapter has
been changed accordingly (part Q). The extension of the scope of this section
primarily concerns certain commonly used organic substances. Article 3.35(1) has
been declared non-applicable to liquid soil-threatening substances falling within
the scope of Section 3.4.2 of the Activities Decree. This is because those
substances are less hazardous than liquid fuel, used oil and organic substances,
and accordingly need less stringent conditions.
Part S
For a more unified structure of the Activities Regulation, the amendments have
been chosen such that Articles regulating only the scope of a particular Section
have been dropped. The same approach will be taken with future amendments.
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Part W
The inclusion of concrete products still in their formwork makes it clear that these
are non-inert goods from which liquid soil-threatening substances could leak. The
liquid soil-threatening substance is the formwork agent used. The product will lose
this status in any case when it is removed from its formwork.
Part X
Section 3.4.4. Disassembly of end-of-life vehicles has been moved to Section
3.3.3.
Part Y (partly)
Section 3.4.9. covers storage of gas oil, lubricating oil or used oil in above-ground
storage tanks.
Part Z (partly)
In this part, 3 Subchapters have been added. Some sections in these Subchapters
have been moved from Chapter 4 to 3. This was already explained for Part G
(partly), H (partly), P, X, Y (partly), Z (partly) OO, KKK and YYY.In addition, 3
new sections have been incorporated into Part Y, namely Section 3.6.3. Industrial
production or processing of foodstuffs or beverages, 3.7.1 Indoor shooting ranges,
and 3.8.1 Municipal waste collection sites.
For a detailed explanation of this part, please see the explanation for Part XX of
the Amendment Decree associated with the present Amendment Regulation. The
remarks below will only address the operation of indoor shooting ranges and
municipal waste collection sites.
Indoor shooting range
Indoor shooting ranges for shoulder guns and indoor shooting ranges for
handguns are different in many respects. Shoulder guns require much heavier
safety devices due to the difference in exit energy of the bullet and its impact
energy when hitting the target (or part of the structure). Shoulder guns are
carbines or rifles characterised by having longer barrels than handguns. They are
designed and intended to be fired while shouldered. Handguns in the form of a
pistol or revolver are short-barrelled weapons.
The energy of a fired bullet is determined by several characteristics: diameter
(bore) and mass of the bullet, quantity and type of the gunpowder. Large-calibre
ammunition for shoulder guns and handguns (rifle ammunition and pistol
ammunition) can be clearly distinguished from small-calibre ammunition. Where
shoulder guns are loaded with pistol ammunition, the safety devices for handguns
will suffice.
Articles 3.109 and 3.110
The requirements for diffuse emission have been based on the requirements for
diffuse emissions from metal processing activities. The provisions on the
competence to impose specific requirements for a better dispersal of the
suctioned-off air and for reducing (dust) pollution near sensitive buildings, e.g. by
increasing the height of discharge of the suctioned-off air, have also been
followed. Any decisions taken in this respect must observe the NeR.
Article 3.111
For a safe environment near indoor shooting ranges it is necessary to ensure that
bullets and projectiles cannot stray outside the range. This requires the building
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structure of the shooting range to have a bullet-proof design. This safety aspect is
not regulated by the building provisions under the Housing Act [Woningwet]. It
must also be ensured that bullets do end up in a stop butt, since the rear wall of a
shooting range would not be able to withstand the bullet impacts without such a
device.
Ricocheting bullets or parts of bullets and objects dislodged by bullets, such as
pieces of gravel, must not be able to stray from the shooting range or cause
material damage to the structure. Therefore, ricochet-resistant and wall-protective
measures must also be taken on large parts of the walls, ceilings and any
protruding parts within shooting range.
A number of constructional measures have been chosen to achieve adequate
safety levels. These relate mainly to the types of building and construction
material and their thicknesses. These requirements have been included in Table
3.110. These measures are already in use in many existing shooting ranges and
have produced inherently safe situations there. The provisions on handguns also
apply to shoulder guns using pistol ammunition.The ricochet-resistant and
protective measures taken near the position of the shooter shall apply to shooting
ranges where such shooting positions are located in more than one place along
the length of the range, and for all such positions.
In the columns of Table 3.110, the measures increase in severity from left to
right. Accordingly, the weapons and bores specified in any given column will also
be allowed for measures in the next column. These are basic requirements. Some
aspects will need to be elaborated in practical implementation, such as the
concrete or steel quality or the thicknesses of materials not targeted directly by
the shooting. This is the responsibility of the operator of the shooting facility.Since
specific designs of indoor shooting ranges, necessitating different measures than
those specified in Table 3.110, are allowed to a limited extent, the fourth
paragraph provides for a possibility to impose specific requirements.
Article 3.112
Cartridges from used ammunition should be prevented from ending up in or on the
soil. For this reason, the second paragraph provides that shooting shall be done
over a soil-protective device. This means that the zone around the position of the
shooter shall be conditioned such that cartridges can be collected with ease. If the
shooting does not lead to cartridges or other soil-threatening substances
potentially ending up in or on the soil, such shooting will not be considered a soilthreatening activity, so that this paragraph will not apply.The use of a stop butt, in
addition to the safety aspect, also prevents bullets from entering the soil.
Pursuant to the third paragraph, stop butts should be placed over a soil-protective
device to prevent bullets that for some reason are not caught by the stop butt
from ending up on or in the soil. The operator of a facility may decide which soilprotective device (and associated measures) will be used. Usually, a form of
paving is created which is easy to keep clean.
Article 3.113 and Annex 7
This Article provides that measurements for indoor shooting ranges shall be done
not according to the Industrial Noise Measurement and Calculation Manual of 1999
but instead according to the Indoor Shooting Ranges Measuring Instruction as
included in Annex 7. The Industrial Noise Measurement and Calculation Manual of
1999 specifically states that it does not apply to shooting noise. For surveying and
assessing shooting noise, reference is made to the Shooting Noise Circular
(original version 1979). However, that Circular is not suitable for measuring indoor
shooting noise. A specific measuring instruction has therefore been drawn up for
measurements of shooting noise in indoor shooting ranges, so that their
assessment level can be determined.The measuring instruction specifies the
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method for the determination of noise emissions due to shooting noise around an
indoor shooting range, measured at the façade of noise-sensitive objects located
in the vicinity or in enclosed or adjacent buildings. This is based on the so-called
A-weighted noise exposure level LAE of a single shot. Account has also been taken
of the short duration of the shooting noise, the potential variations in the levels of
successive shots, and the type of weapons used to fire the shots. The provision
also specifies the manner in which non-shooting noise from the facility, such as
noise from fans, shall be accounted for.
The concept of the acoustically representative operational circumstances has been
further elaborated and defined as applying to one calendar year. This includes all
shots fired within the facility, whether or not in the context of a competition. For
the recipients, it cannot be determined whether the operation is regular or special,
so that an effect on noise pollution cannot be assumed. Determining the annual
number of shots fired for each daily period should not be problematic, in light of
the usually excellent records of shooting activities that are kept by the facilities.
Studies have shown that the one-year assessment period usually produces a
reliable estimate of the relevant noise pollution. For that reason, it has also been
used for assessments of military shooting noise. The only exception to this relates
to Sundays: noise occurring on Sundays is probably more annoying than on other
days. Where appropriate, the competent authority may issue specific requirements
to impose restrictions.
Article 3 113a
This Article specifies the minimum requirements for the content of the acoustic
survey. These largely correspond to the requirements for acoustic surveys in force
pursuant to the Industrial Noise Measurement and Calculation Manual, 1999.
Waste collection site
Article 3.115 intends to answer the question of when a municipality will be
considered to have adequate facilities and separation policies in place at its waste
collection site. This is different for each case, depending on the overall
organisation of waste management within a municipality (whose flows are already
collected separately and whose flows do end up at the waste collection site). This
will accordingly need to be assessed in the context of the permit procedure for the
waste collection site or the sorting installation for residual bulky domestic waste.
The list given in the second paragraph of Article 3.115 contains components that
would at least need to be separated out, to the extent presented as bulky
household waste at the waste collection site of the relevant municipality, for the
condition of adequate facilities to be fulfilled. To meet this condition, the
municipality would need to have a separate container or area at its waste
collection site in order to be allowed to dispose of the residual fraction in an
incineration plant instead of a sorting agent.
This list was compiled based on bulky household waste, so it does not include all
waste flows for which separation at a waste collection site is or may be useful. For
example the following are absent from the list, since they do not always constitute
bulky household waste: packaging glass, batteries, gas-discharge lamps, small
chemical waste, frying fat, incontinence aids, etc. In that sense, the
aforementioned list is not exhaustive.
In addition to the physical means to keep the aforementioned flows separate, the
management of the waste collection site should also be oriented towards a
maximally effective implementation.- At the very least, it should be clear to
citizens which containers are intended for which types of waste.- Qualified
employees should also be present to answer questions from citizens and to
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ensure correct use of the various facilities.- In addition, the design and
management of the waste collection site should take account of ensuring
accessibility and ease of use for citizens. This includes not only physical
accessibility, but also reduction of waiting times and administrative procedures.
The third paragraph of Article 3.115 therefore provides that operators of facilities
shall make efforts to prevent waste for which separate collection facilities exist
from ending up in residual-waste containers. This is important since pursuant to
Article 3.154(2) of the Decree, the general ban on mixing waste does not apply to
residual-waste containers. Waste collection sites must exercise permanent
supervision, public information and monitoring to ensure that the least possible
amount of ‘specific’ waste ends up in the residual-waste container. Facility
operators shall define the exact implementation of the above in their acceptance
and inspection procedures.
The fourth paragraph of Article 3.115 provides that the competent authority may
issue a specific requirement permitting any of the specific collection facilities to be
absent if an equal level of waste separation is achieved through post-separation or
other measures. This possibility of issuing a specific requirement does not apply to
all types of collection facilities. Particularly for hazardous waste and soil
categories, post-separation will not generally be desirable or effective. Such a
specific requirement will logically be requested by a facility operator, who will need
to indicate how an equivalent level of waste separation will be achieved. If it is not
made sufficiently clear how the post-separation or other processing will be
implemented, the competent authority may deny a specific requirement.If a waste
collection site has been given permission to omit one or more collection facilities,
there will be more waste flows ending up in the residual-waste container. To
ensure post-separation in these cases, it is not desirable that the residual waste
should be placed in a compacting container. For that reason, compaction of
residual waste will be prohibited in these cases.A specific requirement as
described in the fourth paragraph really has the status of a permission. The sixth
paragraph provides that certain conditions may be imposed on such permission,
e.g. requiring documentation of adequate waste separation in case of postseparation outside the facility.
Parts AA, BB, CC, DD and NN
In the explanatory memorandum to the Amendment Decree associated with the
present Amendment Regulation already explains that the use and the storage of
certain types of organic peroxides has been taken from the permit-requirement
list of the Living Environment Law Decree. These are Type D to F organic
peroxides, to the extent that they do not require ADR temperature control, in
amounts of less than 1 000 kg per storage facility, in another packaging then
'Limited Quantity' (LQ), and to the extent that the storage takes place in a facility
where rubber or plastics are being processed. Storage of Type C to F organic
peroxides, to the extent that they do not require ADR temperature control, in
amounts of less than 1 000 kilograms per storage facility in LQ packaging, already
were not subject to the permit requirement. Type G organic peroxides have now
also been exempted from the permit requirement. Storage of these organic
peroxides is however not subject to specific requirements in the Activities Decree,
but to the general duty of care.
The new Section 4.1.5. of the Activities Decree sets general rules for the storage
of these organic peroxides. Article 4.9 of the new Section 4.1.5. incorporates a
delegation provision. Under this provision, the Activities Regulation sets
requirements for the storage of certain types of organic peroxides.
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The rules for storage of organic peroxides that are subject to requirements in the
Activities Regulation have been based on the Hazardous Substances series of
publications [Publicatiereeks Gevaarlijke Stoffen]. PGS 8 regulates the storage of
organic peroxides. PGS 15 places constraints on the storage of organic
peroxides in addition to regular hazardous substances. However, the requirements
do not apply to combined storage only.Storage of organic peroxides subject to the
general rules of the Decree must comply with the requirements of PGS 8. For LQpackaged organic peroxides however, there is an option of choosing to comply
with the requirements of PGS15 instead of those of PGS8.
The present amendment of Article 4.1(1) and (2) also corrects an erroneous
reference.
Parts EE, PP, RR, SS, WW (partly), XX (partly), YY (partly), ZZ (partly), BBB,
DDD, FFF, GGG, III (partly), RRR, VVV, WWW, XXX and AAAA
A technical correction has been made in these parts: the word ‘and’ has been
replaced with ‘or’.
Parts FF to MM
In these Parts, a number of changes have been made to Section 4.1.3.1. Some of
those are merely technical corrections. For instance, the expression ‘above-ground
stationary storage tank’ has been used in the Articles instead of ‘above-ground
storage tank which is stationary’. In the heading of the Section, the phrase
‘stationary and mobile’ has been deleted since it contributes no additional
meaning.
The scope of Section 4.1.3.1. has also been changed. This is already discussed in
the explanatory memorandum to the Amendment Decree associated with the
present Amendment Regulation. Since storage of gas oil, lubricating oil and used
oil in an above-ground storage tank is now covered by Section 3.4.9., the Articles
of Section 4.1.3.1. no longer apply to such storage. In addition, the storage of
polyester resins in above-ground storage tanks is covered by this Section. The
relevant provisions have been adjusted to reflect this change as well. Polyester
resins constitute an ADR Class 3 hazardous substance. As such they meet the
definitions of both ‘liquid hazardous substances’ and ‘liquid soil-threatening
substances’. Articles 4.13(1) and (3) expressly mention polyester resins. In Article
4.13(2), polyester resins are covered by the concept of ‘other soil-threatening
substances’. As a consequence, Articles 4.14 to 4.19 are all applicable in principle.
The provisions of those Articles elaborate this by either expressly mentioning it
(Article 4.14(1), (3) and (4), and Article 4.15(1)), or because polyester resins fits
the concept of a ‘liquid hazardous substance’ or of a ‘liquid soil-threatening
substance’ (Articles 4.18, 4.18a and 4.19). Articles 4.16 and 4.17 do not apply to
above-ground storage of polyester resins.
Finally, an omission in Part MM was rectified. The scope of application of Article
4.19 has been extended to cover all substances regulated by this Section. The old
text incorrectly did not apply this exception to liquid soil-threatening substances,
whereas it does mention ‘suspended’ storage.
Part QQ
The Activities Regulation places requirements on the total dust emissions into the
ambient air. Article 1.1(2) of the Activities Decree defines ‘S’ as being the total
dust as referred to in the NeR. Prior to the entry into force of the present
Amendment Regulation and the Amendment Decree associated with the present
Amendment Regulation, the Activities Decree and the Activities Regulation used
the terms ‘S’ and ‘total dust’ interchangeably, while in all cases referring to the
concept of total dust as defined in the NeR. To avoid further confusion, all
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occurrences of the term ‘total dust’ in this Part that really referred to total dust as
defined in the NeR have been replaced with ‘dust class S’.
In connection with the transposition of the BEMS into the Activities Decree and the
Activities Regulation, and with the implementation of the RIE, requirements will
apply to total dust emissions into the ambient air from the operation of
combustion plants after the entry into force of the present Amendment Regulation
and the Amendment Decree associated with the present Amendment Regulation.
Unlike in most cases, the relevant emission here is not total dust as defined in the
NeR, since the NeR does not cover the operation of combustion plants. Therefore,
these requirements will refer to the concept of ‘total dust’ instead of ‘dust class S’.
The concept of ‘total dust’ is not defined in the Activities Decree, but assumed to
be known.
Part TT
In connection with bringing the mechanical processing, cleaning, coating and
gluing of rubber and rubber products (Sections 4.4.1. and 4.4.2.) and the
processing of rubber, thermoplastics and polyester resins (Section 4.4.3) under
the Activities Decree and Regulation, the heading of Subchapter 4.4. has been
changed.
Part UU
In this Part, the scope of Section 4.4.1. has been amended to reflect the change in
scope of Section 4.4.1. of the Activities Decree. The explanatory memorandum to
the Amendment Decree already explains the change to the scope of Section 4.4.1.
of the Decree. The effect of Section 4.4.1. is already explained in the explanatory
memorandum to the Activities Regulation (Official Gazette [Staatscourant] 2007,
No 223). Specifically, mechanical operations on rubber and rubber products are
usually not large-scale activities, so that they need source extraction and a
filtering separator only in exceptional cases to meet the emission requirements.
Parts VV, WW (partly), XX (partly), YY (partly), ZZ (partly)
In these Articles, the scope of Section 4.4.2. has been extended to reflect the
extension in scope of Section 4.4.2. of the Decree. The explanatory memorandum
to the Amendment Decree already explains the extension in scope of Section
4.4.2. of the Decree. The effect of Section 4.4.1. is already explained in the
explanatory memorandum to the Activities Regulation (Official Gazette
[Staatscourant] 2007, No 223.
Parts WW (partly) and ZZ (partly)
It was already indicated in the general part that the present Amendment
Regulation makes a number of editorial and technical corrections or changes to
the Activities Regulation. One of those concerns a clarification in the texts as to
which provision of the Activities Decree requires the fulfilment of a particular
condition. Articles 4.46 and 4.49 have been changed accordingly.
Part AAA
In this Part, a Section has been added applying to the processing of rubber,
thermoplastics and polyester resins.
Article 4.49a(1)
The system of provisions governing the reduction of emissions into the ambient air
is explained in the explanatory memorandum to the Activities Regulation (Official
Gazette [Staatscourant] 2007, No 223). As regards the reduction
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of aerial emissions in the processing of rubber, thermoplastics and polyester
resins, the Decree and the present Regulation are based on the current practice
followed when granting permits.
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The first paragraph of Article 4.49a provides that effective air extraction from the
source shall be obligatory in weighing and mixing to prevent total dust emissions.
This is not expected to amount to a tightening of the rules compared to current
practice, since source air extraction is usually already in place when weighing and
mixing rubber compounds and the provision adequately defines those specific
situations where source air extraction would not be considered to be a reasonable
requirement.Effective air extraction at the source here also includes local or room
extraction for activities which occur, or reasonably must occur, in a dedicated
enclosed area to ensure effective extraction of vapours in light of the volume of
the products.
However, air extraction at the source is not a reasonable requirement in all
situations. Emission sources could be isolated and/or small-scale, particularly in
activities that are not part of the core process of a facility, such as isolated
maintenance activities in small production companies, or the use of specialist
equipment that is needed only rarely.
In order to be determine whether a diffuse emission from an emission source
should be considered small-scale or isolated, diffuse emissions may be treated as
if they were channelled emissions. Then, there are two options for the
quantification of the isolated and/or small-scale nature of an emission:
– The so-called mass flow rate limit in grams per hour for the relevant emission
from the entire facility, as defined in Article 2.5 of the Decree, is not exceeded,;
– The mass flow rate limit is exceeded, but the emission in kg per year from the
relevant source is small enough to be covered by the exemption of Article 2.6 of
the Decree.
The isolated nature or small scale of a source will need to be demonstrated by the
operator of the relevant facility where it is not immediately apparent, based on
appropriately justified worst case assumptions. If the aforementioned conditions
are met, air extraction at the source will often not be a reasonable requirement.
Article 4.49a(2)
The measure described in the second paragraph has been included to prevent
situations of inadequate dispersal of extracted emissions of solid substances from
weighing or mixing rubber compounds or from processing rubber, thermoplastics
or polyester resins in the ambient air, leading to (dust) pollution near sensitive
buildings. This measure does not apply to sensitive buildings located within a
zoned industrial estate or a business park with less than 1 sensitive building per
hectare. This measure will in many cases ensure adequate dispersal of the
extracted substances.
Both facilities established before and after the entry into force of the present
Amendment Decree must comply with the provisions of the second paragraph. The
competent authority may allow non-compliant alternative measures based on
Article 1.8 of the Decree only if a facility successfully demonstrates that the noncompliance is justified because the alternative measure achieves an equivalent
level of protection.
Article 4.49a(3)
Implementation of the measure as defined in the second paragraph will ensure in
many cases that the extracted substances are adequately dispersed. The Decree
also applies to facilities with relatively large environmental relevance. It is
therefore possible that emissions caused by weighing or mixing rubber compounds
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or by processing rubber, thermoplastics or polyester resins still lead to (dust)
pollution in the vicinity of sensitive buildings. Accordingly, it is necessary for the
competent authority to have the power to issue specific requirements ensuring
better dispersal and reduction of (dust) pollution near sensitive buildings, e.g.
through increasing the height of discharge of the extracted vapours and gases.
The provisions of the NeR shall be observed in the relevant decision procedure.
Article 4.49b
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If a facility implements a measure as referred to in Article 4.49b, it thereby
complies with the target-related provision as contained in Article 4.49a(1) of the
Decree. The obligation of proof as referred to in Article 2.8 of the Decree no longer
applies in those cases.The explanatory memorandum to the Activities Regulation
(Official Gazette [Staatscourant] 2007, No 223) lays down the conditions for a
filtering separator, and the circumstances under which a separator is considered
to be effective and to retain its proper operation over time.
Article 4.49c
In the mixing and to a lesser extent weighing of rubber compounds and in the
processing of rubber or thermoplastics, there may be emissions of substances that
are subject to a minimisation requirement. Substances to which such a
minimisation requirement applies include all substances that may be released into
the ambient air, divided into the categories: extremely risky substances (ERS),
substances subject to minimisation, in the form of solid substances (MVP1) and
gaseous or vaporous substances subject to minimisation (MVP2). For these
substances, continuous efforts must be made to reduce the emission to the lowest
level possible (zero emission). In accordance with the third paragraph of Article
4.31b of the Decree, Article 4.49c clarifies this matter for the benefit of the
industry by including a non-exhaustive list of substances subject to the
minimisation requirement that are still being used in mixing rubber compounds
and in processing rubber or thermoplastics.
The reference to the EC Regulation on the registration, evaluation and
authorisation of chemicals (REACH Regulation) in the second paragraph of Article
4.49c of the Activities Regulation has been included to make clear that this
Regulation applies in full, implying that in some cases the use of a particular
substance is not allowed at all (e.g. because no authorisation has been given, or
the substance is not covered by an exception). The minimisation requirement
obviously does not apply in these cases.
Article 4.49d
The processing of polyester resins involves emissions of styrene. Traditional resin
contains 35–45 % styrene. Styrene has a very low odour threshold, i.e. it is a
substance that can be smelled at very low concentrations. Operators of facilities
where polyester resins are processed must therefore take a number of measures,
as listed in the first paragraph.
The measures aim at reducing both the dynamic emissions and the static
emissions of styrene in the processing of polyester resins. Dynamic emissions are
the emissions during the development of the resin, and static emissions are the
emissions occurring during the curing of the resin.
The dynamic emissions are mainly determined by the styrene content in the resin,
since resins containing less styrene will in general also produce lower styrene
emissions during processing. Different types of resins exist, such as INSERT resins
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or dicyclopentadiene-containing resins (DCPD resins), which emit less styrene.The
static emission of styrene is significantly reduced by adding film-forming
substances to polyester resins. The formation of a film on the surface during
curing of polyester resins prevents the evaporation of styrene, provided that the
surface of the resin is not perturbed in this phase. Low-Styrene Emitting resins
(LSE resins) also have lower static emissions.
In addition to the use of different resins, various methods exist to reduce the
static or dynamic styrene emissions. In airless spraying, the resin is applied in
larger droplets or jets than in traditional spraying. A low-pressure polyester resin
application system also prevents mist formation by applying the polyester resin
with a low-pressure spraying head. In closed-mould systems, pieces of fibreglass
are placed in a mould, after which the mould is closed and polyester resin is
inserted. Vacuum-film systems do not use hand-laminating, but instead the resin
starts outside the device and is pumped through by the vacuum pump. The use of
covered buckets and containers and closed tube systems for solvents and resins
also serve to reduce styrene emissions. Downstream methods used to purify the
exhaust gases also serve to reduce styrene emissions.
If despite the measures as referred to in the first paragraph, the odour pollution
still exceeds acceptable levels, the competent authority may issue specific
requirements pursuant to Article 4.49d(3) and subject to the NeR requiring nonoutdoor processing of polyester resins, location constraints for the discharge pipe,
prevention or reduction of diffuse emissions, limiting occasional peaks in the odour
levels to particular times of day.
If these measures still do not prevent the odour pollution from exceeding
acceptable levels, the competent authority may, pursuant to Article 4.49d(4) and
subject to the NeR, issue further specific requirements requiring the presence of a
deodorisation system or a greater height of discharge of the vapours emitted.
However, if the operator of the facility demonstrates, in the obligatory description
accompanying his notification pursuant to Article 1.17(3) of the Activities Decree,
that the odour pollution does not exceed acceptable levels, or is limited to a zoned
industrial estate or a business park with less than one odour-sensitive object, the
operator of the facility will, pursuant to the second paragraph of Article 4.49d, not
be required to implement the aforementioned measures.
Article 4.49e
To prevent non-negligible soil pollution from being produced by the weighing or
mixing of rubber compounds, or the processing of rubber or thermoplastics using
a system with an oil or coolant circuit, or the processing of polyester resins or the
cleaning of the equipment used for such processing, the aforementioned activities
must take place over a soil-protective device. Since the supply and draining
outlets of mixing systems for rubber compounds entail additional risks to the soil,
particular attention should be paid to this when designing the appropriate soilprotective device.
Part CCC
In this Part, a new Article has been inserted in order to lay down the classification
for welding of metals at the level of the Regulation. Article 4.40 of the Activities
Decree hitherto referred to the Welding Smoke Code of Practice [Praktijkrichtlijn
lasrook] for the relevant classification. However, this Code of Practice was
repealed in 2006. Since the entry into force of the Activities Decree, the latter
defines requirements for emissions into the ambient air of the dust class (total
dust), as well as other emissions depending on the particular welding process. The
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various welding processes have been divided into Classes I to VII, with Class I
welding processes being the least environmentally harmful, and Class VII welding
processes being the most environmentally harmful. No emission requirements are
imposed on Class I and II welding processes, since these welding processes do not
produce significant emissions into the ambient air. The classification has been
taken from the ‘Welding Smoke Code of Practice: Description of effective
measures against exposure to smoke and/or gases and/or associated processes’
and depends on the welding process, the type and quantity of welding additive,
the electrode and material being welded. The Decree took its classification of
processes from this Code of Practice. Since this Code of Practice has since been
repealed, an Article has been inserted in the Regulation defining these classes.
More information on welding processes can be found in the module Welding, C.3.1
in the ‘Work book environmental measures in the metal and electrical industries'.
The regulation specifies for each class which measures would, with correct
dimensioning, construction and maintenance, lead to compliance with the
emission concentration requirements, and when no measures need to be taken to
comply with the emission requirements.
Part EEE
In this Part, a new Article has been inserted specifying the conditions under which
the emission requirements of the Activities Decree for breaming furnaces will be
fulfilled in any case. For a general explanation of breaming, see the explanatory
memorandum to the relevant Articles of the Activities Decree.
The first paragraph provides that electrical furnaces where the extracted vapours
are extracted and fed back shall also be deemed to comply with the emission
requirements. Such furnaces have no emission point except for a very minor
emission that occurs when opening the furnace. The second and third paragraphs
define approved measures for gas-fuelled furnaces. These measures have been
taken from special provision F2 as contained in the NeR. In accordance with that
provision, a distinction is made between small furnaces (second paragraph) and
large furnaces (third paragraph). The threshold between large and small furnaces
is a capacity of five tons. In both cases, the emission requirements are met by
using an after-burner.
In large furnaces, more controls are expected to be present to ensure proper
operation of the after-burner. The emission requirement for carbon monoxide is
contained in the Regulation instead of the Decree since this requirement is a
control ensuring the proper operation of the after-burner.
Parts HHH and III
This Part declares the Sections and Articles as specified therein to be applicable to
all types of stone to reflect the amendment of the Activities Decree.
Part JJJ
Article 4.84g
This Article concerns the reduction or prevention of diffuse emissions. To prevent
emissions from dosage and mixing from being inadequately dispersed in the
outdoor air, producing hindrance near sensitive buildings, the measure as
described in the first paragraph has been included. This measure shall not apply to
sensitive buildings located within a zoned industrial estate or within a business
park with less than one sensitive building per hectare.
The transitional provisions contain an exception to the first paragraph for existing
facilities, so that the first paragraph does not apply to those facilities.
For facilities with relatively high environmental relevance, it is possible that the
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situation as described in the first paragraph leads to (dust) pollution near sensitive
buildings. For these situations, the competent authority has the power to issue a
specific requirement requiring better dispersal and reduction of (dust) pollution
near sensitive buildings, e.g. by requiring a greater height of discharge of the
extracted vapours and gases. Any decisions taken in this respect must observe the
NeR.
Article 4.84h
If a facility implements this measure, the facility thereby complies with the targetrelated provision included in Article 4.74j(2) of the Decree. The obligation of proof
of Article 2.8 of the Decree does not apply to this case. Chapter 7 of the general
part of the explanatory memorandum to the Regulation of 9 November 2007 (see
Official Gazette 2007, No 223) defines the requirements for a filtering separator,
as well as the conditions under which a separator is considered to be effective and
to retain its proper operation over time.
Article 4.84i
The cost-effective and technically feasible measures as referred to in Article
4.74o(1) of the Decree shall at least comprise operational measures taken to
prevent unnecessary emissions (good housekeeping) and the use of low-VOC
products and efficient application methods. Examples of these are:(1) greasing
the filling location manually instead of spraying, requiring less formwork agent;
(2) using solvent-free formwork oil;
(3) optimising the spraying method. Spraying losses can be prevented through:
- using a properly configured spray gun;- using the correct spraying method;regular maintenance of the sprayer;- using the correct nozzle and checking it
regularly for wear and spraying performance, replacing it when needed;(4)
Instructing employees in energy-efficient use;
(5) Introducing wear-resistant, better-loosing materials for moulds and filling
plates. The use of stripping agents can be reduced if the mould or filling plate is
covered with a material to which to concrete does not stick. This material must be
wear-resistant and lubricating. A number of galvanic materials and plastics are
available on the market that may be used for this purpose;
(6) Keeping packaging closed whenever possible.
The Article does not require the operator of the facility to implement the
aforementioned example measures. Operators of facilities are however expected
to either take these measures or to demonstrate having considered or assessed
measures that are technically feasible and cost-effective in the particular situation.
For completeness it is noted that this Article only applies if it cannot be reasonably
demonstrated that the maximum amount of purchased VOC-containing formwork
agents is less than 1 000 kilograms per year. This follows from the second
paragraph of Article 4.74o of the Decree.Article 4.84j
The stripping agents used may be soil-threatening. Stripping agents may be
classified as follows based on their composition:
- mineral oils with or without additives;
- animal or vegetable oils with additives;
- water-in-oil emulsions;
- oil-in-water emulsions;
- formwork wax;
- chemical stripping agents.
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In recent years, biodegradable oils are used increasingly often.
Concrete may be finished by scalding. Scalding gives the concrete its texture.
Scalding of concrete is a treatment of the concrete surface which produces rinse
water. This rinse water may contain residues of concrete (and concrete retarders).
The Dutch Soil Protection Guideline for Commercial Activities [Nederlandse richtlijn
bodembescherming bedrijfsmatige activiteiten, NRB] elaborates the preventive soil
protection policy for commercial activities. The concept of ‘negligible soil risk’ is
central to the Activities Decree (and the NRB). Devices and measures should
achieve a negligible soil risk for the entire duration of the relevant commercial
activities. In order to achieve a negligible soil risk, a liquid-proof floor or paving or
drip tray is prescribed for these processes pursuant to the NRB.
Notwithstanding the first paragraph, the competent authority may issue specific
requirements allowing other measures and devices to be used pursuant to the
equivalence provision of Article 1.8 of the Activities Decree, provided that such
alternative measures and devices also achieve a negligible soil risk.
If these activities were already being carried out prior to 1 January 2013, and the
relevant permit prescribes measures and devices that achieve a negligible soil
risk, then those measures and devices will continue to apply under the transitional
provisions (see Article 6.11aa).
Where these activities were already being carried out prior to 1 January 2013 but
the achievement of a negligible soil risk cannot be expected in the specific
situation, achievement of an acceptable soil risk will be considered adequate under
the transitional provisions (Article 6.10 of the Activities Decree). A condition is
that the competent authority should have issued a specific requirement permitting
the relevant measures.
Article 4.84k
In crushing stony materials outdoors, if the material is kept moist by spraying, the
requirements may still be fulfilled if no wastewater is released.
Article 4.84l
If a facility implements this measure, it thereby meets the target-related provision
of Article 4.74s(1) of the Decree. In this case, the obligation of proof of Article 2.8
of the Decree no longer applies.
Article 4.84m
To prevent emissions from indoor crushing of stony materials from being
inadequately dispersed in the ambient air, producing hindrance near sensitive
buildings, the measure as described in the first paragraph has been included. This
measure shall not apply to sensitive buildings located within a zoned industrial
estate or within a business park with less than one sensitive building per hectare.
The transitional provisions contain an exception to the first paragraph for existing
facilities, so that the first paragraph does not apply to those facilities.
For facilities with relatively high environmental relevance, it is possible that the
situation as described in the first paragraph leads to (dust) pollution near sensitive
buildings. For these situations, the competent authority has the power to issue a
specific requirement requiring better dispersal and reduction of (dust) pollution
near sensitive buildings, e.g. by requiring a greater height of discharge. Any
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decisions taken in this respect must observe the NeR.
Parts LLL and NNN
In light of the extension of the scope of Section 3.3.1. of the Decree with
deliveries of liquid fuel to railway vehicles, the scope of Section 4.6.4. of the
Decree is reduced accordingly. This Part also reduces the scope of Section 4.6.3.
to reflect the reduction in scope of Section 4.6.4. of the Decree.
Part MMM
Pursuant to Article 4.88, certain Articles contained in the Regulation must be
complied with to ensure safety. However, one of those Articles, Article 4.90, has
been deleted. The reference has been changed accordingly.
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Parts OOO, PPP and QQQ
These Articles extend the scope of Section 4.6.4. to reflect the extension in scope
of Section 4.6.5. of the Decree.
Parts SSS and UUU
Since web-fed offset printing technology, flexography and intaglio printing have
been brought within the scope of the Activities Decree and the Regulation, the title
of Subchapter 4.7. has been changed accordingly. Activities related to paper and
textiles are now covered by Subchapter 4.7a.
Part TTT
In this Part, two sections are added, one applying to web-fed offset printing and
another to flexography or intaglio printing.
Section 4.7.3a. Web-fed offset printing
Article 4.102ea(1)
The explanation of Part AAA with respect to Article 4.49a(1) applies accordingly.
Specifically for web-fed offset printing, diffuse emissions are expected only from
gases and vapours produced by heatset web-fed offset and coldset. No emissions
are expected from UV drying.
Article 4.102ea(2) and (5)
Activities related to web-fed offset printing where volatile organic compounds are
used, and where products are dried, should also be expected to produce odour
emissions.Discharging vapours and gases through a discharge pipe of sufficient
height in relation to adjacent buildings will in many cases ensure adequate
dispersal of odour emissions. An important aspect is that the emitted air should be
blown off vertically wherever possible to ensure the best possible dispersal of
vapours and gases in the ambient air. This reduces the likelihood of odour
pollution.Both facilities established before and after the entry into force of the
present Amendment Decree must comply with the provisions of the second
paragraph. The competent authority may allow non-compliant alternative
measures based on Article 1.8 of the Decree only if a facility successfully
demonstrates that the non-compliance is justified because the alternative
measure achieves an equivalent level of protection.
Situations may occur where the odour pollution exceeds acceptable levels despite
taking the measure as referred to in the second paragraph due to inadequate
dispersal of the extracted vapours or gases, odour emissions that are not disposed
of through the air extraction system, or isolated peaks in the odour levels. In
these cases, the competent authority may issue specific requirements pursuant to
Article 4.102ea(3) and subject to the NeR requiring a particular location for the
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discharge pipe, prevention or reduction of diffuse emissions, or limiting occasional
peaks in odour levels to particular times of day.
If these measures still do not prevent the odour pollution from exceeding
acceptable levels, the competent authority may, pursuant to Article 4.201ea(4)
and subject to the NeR, issue further specific requirements requiring the presence
of a deodorisation system or a greater height of discharge of the vapours and
gases emitted.
However, facility operators will not be required to take the measures specified in
the second paragraph of Article 4.102ea if the potential odour emission is limited
to a zoned industrial estate or a business park with less than one odour-sensitive
object per hectare.
Article 4.102eb
To prevent the use of inks, thinners, cleaning agents and additives in web-fed
offset printing from leading to non-negligible soil pollution, those activities should
take place over a soil-protective device.
Section 4.7.3b. Flexography and intaglio
The explanation to the section on web-fed offset printing applies accordingly to
this section. An important further aspect is that unlike with web-fed offset
printing, a basic choice can be made to prevent or reduce odour pollution by either
discharging vapours and gases through a discharge pipe or passing the gases and
vapours through an effective deodorisation system.
If the powers as referred to in the fourth paragraph are not enough to prevent
acceptable levels of odour pollution from being exceeded, then the competent
authority may, similarly to web-fed offset printing and again subject to the NeR,
issue specific requirements requiring the presence of a deodorisation system or a
greater height of discharge of the vapours and gases emitted. However, the
competent authority may also issue a specific requirement requiring the operator
of the facility to install a deodorisation system, unless of course the operator of
the facility has already installed such a deodorisation system under the first
paragraph of Article 4.102ec.
With respect to soil-pollution aspects, it should also be noted that unlike for webfed offset printing and intaglio printing, the activities defined in Article 4.102ed(2)
do not require a soil-protective device but a liquid-proof floor when undertaken in
the context of flexography printing.
Finally, a further provision has been included on safety with respect to intaglio
printing. Cleaning activities in intaglio printing offices commonly use a mixture of
volatile solvents, typically ethyl acetate and ethanol, but sometimes isopropyl
alcohol. Persistent contaminations are removed using strippers or aggressive nonvolatile solvents. In rare cases, non-volatile solvents are used in automatic
washers. As the solvent becomes too contaminated, it is distilled and the sludge is
disposed of as hazardous waste. It is important that the distilling should take
place in a fire compartment. To reduce the risks further, no storage or operations
with hazardous substances or flammable goods must take place in the same fire
compartment where the distilling takes place, apart from storage or operations
related to the distilling itself.
Part ZZZ
This amendment is a technical correction, inserting the words ‘of a’.
Part BBBB
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The explanation of Parts FF to MM already mentions that storage of gas oil,
lubricating oil or used oil in an above-ground storage tank is now covered by
Section 3.4.9., so that the Articles of Section 4.1.3.1. no longer apply. As a logical
consequence, the transitional provisions for the various activities have been split
accordingly and put in the appropriate places. Article 6.10(1), (4) and (5) (old)
have accordingly been incorporated in the new Article 6.5ha, Article 6.10(4) (old)
however remains a part of Article 6.10, but is renumbered to (3).
Parts CCCC and HHHH
Because the section on traditional shooting has been moved from Chapter 4 to
Chapter 3, the associated transitional provisions have also been moved.
Parts DDDD, EEEE and FFFF
Articles 6.7, 6.10 and 6.15 have been changed in light of the renumbering and
movement of Articles in the Regulation. The explanation of part BBBB already
mentions the movement of Article 6.10, (1) and (5) (old).
In addition, a reference to Articles 4.84g and 4.84m has been added to Article 6.7.
Concrete companies established prior to the entry into force of Article 4.84g and
4.84m would have an environmental living environment permit, incorporating the
aspect of effective dispersal of emissions. Based on the present transitional
provisions, existing facilities will not need to comply with the first paragraph of
Article 4.84g and the first paragraph of 4.84m unless any changes occur that lead
to an increase in emissions into the ambient air or to a less effective dispersal of
the emitted substances. Under the second paragraph, the competent authority
may issue specific requirements as referred to in Articles 4.84g(2) and 484m(2)
for existing concrete companies as well.
Part GGGG
This Article provides that Article 4.84j, preamble and sub a, shall not apply to
facilities that were in operation and possessed an irrevocable permit prior to the
entry into force of Article 4.84j. However, this applies only to facilities for which
such permit prescribes other soil-protective devices or measures (other than the
devices as specified in Article 4.84j), which also achieve a negligible soil risk when
applying stripping agents. Based on the second paragraph, the requirements of
such a permit will remain in effect for an unlimited period of time.
Part IIII
Pursuant to the Decree of 9 June 2011 laying down the date of entry into force of
the Decree of 16 March 2011 laying down general rules for discharges other than
from facilities (Decree on Discharges Outside Facilities) (Official Journal
[Staatsblad] 153) and of Article II, (b), preamble and sub 1, of the Decree of
15 November 2010 amending the Decree laying down general rules for
environmental management facilities (Waste-Related Activities in Environmental
Management Facilities (General Rules) Decree) (Official Journal [Staatsblad] 781)
and amending Article 2(3) of the Decree of 26 November 2007 laying down the
date of entry into force of the Act of 22 November 2006 amending the
Environmental Management Act and certain other related Acts (update to the
general environmental rules for facilities) (Official Journal [Staatsblad] 606) and of
the Decree laying down general rules for environmental management facilities
(Official Journal [Staatsblad] 415), (Official Journal [Staatsblad] 472), the
provision on the entry into force of Article 2.16 of the Decree laying down general
rules for environmental management facilities, which exhaustively regulates the
transport of company employees to and from the facility, has been changed. The
date of entry into force of Article 2.16 has been moved to 1 January 2014. The
present amendment brings the provision on the entry into force of the associated
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Articles of the Regulation laying down general rules for environmental
management facilities into line with this change of date.
ARTICLE II
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The explanation of Article III of the Amendment Decree associated with the
present Amendment Regulation already addresses the repeal of the Heater Type
Approvals (Air Pollution by Nitrogen Oxides) Decree and the associated Type
Approval Regulation.
ARTICLE III
Under the present Amendment Regulation, the Environmental Management
(Medium-Sized Combustion Plants Emission Requirements) Implementing
Regulation has been incorporated into the Activities Regulation, so that the
Implementing Regulation can be repealed.
THE STATE SECRETARY FOR INFRASTRUCTURE AND THE ENVIRONMENT
Joop Atsma
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