WE
BEATRIX, BY THE GRACE OF GOD,
QUEEN OF THE NETHERLANDS,
PRINCESS OF ORANGE-NASSAU,
ETC. ETC. ETC.
1. ------IND- 2012 0314 NL- EN- ------ 20120607 --- --- PROJET
Decree of
amending the Environmental Management Activities Decree
[Activiteitenbesluit milieubeheer] and the Living Environment Law
Decree [Besluit omgevingsrecht] as well as some other decrees (new
activities, integration of the Environmental Management (Emission
Requirements for Medium-sized Combustion plants) Decree [Besluit
emissie-eisen middelgrote stookinstallaties milieubeheer],
simplifications and corrections of the Environmental Management
Activities Decree)
Upon the proposal of the State Secretary for Infrastructure and the Environment
of , No IenM/BSK-2012/61320, General Directorate of Administrative and Legal
Affairs;
In light of Directive No 2008/1/EC of the European Parliament and of the Council
of 15 January 2008 on integrated pollution prevention and control (codified
version) (OJ (EC) L 24), Directive No 2000/60/EC of the European Parliament and
of the Council of 23 October 2000 establishing a framework for Community action
in the field of water policy (OJ (EC) L 327), Directive No 2006/11/EC of the
European Parliament and of the Council of 15 February 2006 on pollution caused
by certain dangerous substances discharged into the aquatic environment of the
Community (OJ (EU) L 64), Council Directive No 80/86/EEC of 17 December 1979
on the protection of groundwater against pollution caused by certain dangerous
substances (OJ (EC) L 20), and Directive No 2006/118/EC of the European
Parliament and of the Council of 12 December 2006 on the protection of
groundwater against pollution and deterioration (OJ L 371);
Having regard to Articles 8.40, 8.41 and 8.42 of the Environmental Management
Act [Wet milieubeheer], Articles 1.1(3), 2.1(1)(i), 2.4(2), 2.8(1), 2.17, and
3.9(3) of the Living Environment Law (General Provisions) Act [Wet algemene
bepalingen omgevingsrecht], and Articles 6.2, 6.6, and 6.7 of the Water Act
[Waterwet];
Having heard the opinion of the Advisory Section of the Council of State (opinion
of (…), No ….);
Having regard to the further report of the Secretary of State for Infrastructure
and the Environment of, No IenM/BSK-2012/…., General Directorate of
Administrative and Legal Affairs;
Hereby decree as follows:
ARTICLE I
The Environmental Management Activities Decree [Activiteitenbesluit
milieubeheer] shall be amended as follows:
A
After the heading of Section 1.1., an Article shall be inserted with the
following text:
Article 1
This Section shall apply to any person operating a Type A facility, a Type B
facility, or a Type C facility.
B
Article 1.1 shall be amended as follows:
1. The first paragraph shall be amended as follows:
a. The following concepts and associated definitions shall be inserted at their
appropriate place in the alphabetical listing:
indoor shooting range: a shooting range or combination of shooting ranges
located within a building or part of a building, without open sides and with a
closed covering;
boiler system: combustion plant consisting of a boiler in which fuel is burned with
the main purpose of generating power or transferring heat to water, steam or a
combination of water and steam;
underground storage tank: storage tank which is located entirely in the ground or
which has been mounded;
railway vehicle: vehicle intended for locomotion on rails including the body parts
of such vehicle;
fermentation gas: gaseous fuel consisting mainly of methane and carbon dioxide,
which has been produced by fermentation of organic material;
b. The definition of a soil-threatening activity shall read as follows: commercial
activity which may contaminate the soil as evidenced by the substances schedule
as referred to in Annex 2 to Part 3 of the NRB;
c. The definition of a soil-threatening substance shall read as follows: substance
which may contaminate the soil as evidenced by the substances schedule as
referred to in Annex 2 to Part 3 of the NRB;
d. In the definition of an above-ground storage tank, the phrase ‘which is
located entirely above the ground’ shall be replaced with: which is not an
underground storage tank or a cargo tank for a buffer station;
e. In the definition of a façade, the phrase ‘Article 1b (5)’ shall be replaced
with: Article 1b(4);
f. In the definition of a wet cooling tower, after the phrase ‘system used for’,
the following shall be inserted: , by means of an open structure;
g. The definition of the NRB shall read as follows: the Dutch Soil Protection
Guideline [Nederlandse Richtlijn Bodembescherming] as issued by Agentschap
NL;
h. The concept of traditional shooting and its associated definition shall be
deleted;
i. The definition of compaction shall read as follows: reducing the volume with
equal mass or equal weight;
j. The definition of a negligible soil risk shall read as follows: a situation as
referred to in the NRB, where thanks to a sound coordination of collective
facilities and measures, the occurrence of or increase in contamination of the soil
as measured between the baseline and final status assessments as referred to in
Article 2.11(1) and (3), is reduced as far as possible, and where rehabilitation of
the soil is reasonably feasible.
2. In the second paragraph, the following concept and its associated definition
shall have inserted at their appropriate place in the alphabetical listing:
ISO air conditions: a temperature of 288 Kelvin, a pressure of 101.3 kiloPascal,
and a relative humidity of 60 per cent;.
C
Article 1.4 shall read as follows:
Article 1.4
Any person who discharges from a Type A, B, or C facility for discharges as
referred to in Article 6.1 of the Water Act, shall observe the rules imposed by or
pursuant to this Decree, with the exception of Sub-chapter 1.2.
D
After Article 1.5, an article shall be inserted with the following text:
Article 1.5a
Notwithstanding Articles 1, 1.9b, 1.22, 2.1a, 2.3a, 2.8a, 2.11a, 2.14c, 2.15a,
2.16b, 2.22a, 2.23a, 2.27a, 3, 4, and 5, any person operating a combustion plant
within the exclusive economic zone of the Netherlands shall exclusively comply
with the rules as imposed by or pursuant to this Decree, and the provisions of
Chapter 1, except for Article 1.4, as well as those of Section 3.2.1, except for
Articles 3.10k, 3.10n, and 3.10o, and of Chapter 6.
E
Article 1.6(1) shall read as follows:
1. Exemption from the prohibitions as referred to in Article 6.2(1) and (2) of the
Water Act shall be granted for:
a. discharges from a Type A or Type B facility, if such discharge is subject to rules
imposed by or pursuant to Articles 3.1 to 3.5, 3.6 to 3.6b, 3.10k, 3.31, 3.33,
3.34, 3.60 to 3.64, 3.76 to 3.93, 3.101, 3.102, 3.104, 3.105, 3.131, 3.138,
3.150, 4.74c, 4.103g, 4.104e, and 4.113b;
b. discharges from a Type C facility, if such discharge is subject to rules imposed
by or pursuant to Articles 3.1 to 3.5, 3.6 to 3.6b, 3.10k, 3.31, 3.33, 3.34, 3.60 to
3.64, 3.76 to 3.93, 3.101, 3.102, 3.104, 3.105, 3.131, 3.138, and 3.150;
c. discharges other than from a facility, originating from agricultural activities or
associated activities, if such discharge is subject to rules imposed by Articles 3.3,
3.3a, 3.5, 3.6 to 3.6b, 3.31, 3.33, 3.34, 3.60 to 3.64, 3.76 to 3.93, 3.101, 3.102,
3.104, 3.105, 3.131, 3.138, and 3.150.
F
In Article 1.7(1), (2), and (3), the phrase ‘in agreement with the Minister of
Transport and Public Works’ shall be deleted.
G
After the heading of Section 1.2., an Article shall be inserted with the following
text:
Article 1.9b
This Sub-chapter shall apply to any person who:
a. operates a Type B facility, or
b. operates a Type C facility, to the extent that this Sub-chapter is
applicable to activities performed within the facility that is subject to
Chapter 3.
H
Article 1.11 shall be amended as follows:
1. The third to sixth paragraphs shall be replaced with the following:
3. A notification as referred to in Article 1.10 shall be accompanied by an
acoustic survey report if:
a. the notification concerns one or more wind turbines;
b. metals are being transhipped outdoors in bulk, or metals are being
mechanically processed outdoors;
c. the notification concerns a facility as referred to in Category 27.3 of Part C, of
Annex 1 to the Living Environment Law Decree;
d. air bags or belt tighteners are neutralised by activating them;
e. the notification concerns a facility as referred to in Category 11.1(b) of Part C
of Annex 1 to the Living Environment Law Decree, to the extent that the facility is
intended for the production of concrete mortar or concrete products, or:
f. the notification concerns an indoor shooting range, if the distance from the
indoor shooting range to the nearest sensitive object is less than 50 metres.
2. The seventh to fourteenth paragraphs shall be renumbered as the fourth to
eleventh paragraphs.
3. In the fourth paragraph (new) the phrase ‘an acoustic survey as referred to
in the first to sixth paragraphs’ shall be replaced with: an acoustic survey as
referred to in the first to third paragraphs.
4. The eighth paragraph (new) shall read as follows:
8. In the following cases, the report shall also provide a description of the
long-term average assessment level (LAr,LT) as produced by the facility at the
zone boundary and to noise-sensitive objects within the zone, based on which the
competent authority can assess whether the noise-protection requirements for
the zone can be complied with:
a. For facilities as referred to in Category 11.3(c), under 2o and 3o, of Part C of
Annex 1 to the Living Environment Law Decree, or:
b. for facilities as referred to in Category 27.3 of Part C of Annex 1 to the Living
Environment Law Decree.
5. In the tenth paragraph (new), the following shall be inserted after “wind
turbines”: or an indoor shooting range.
I
In Article 1.16(1)(b), the phrase ‘under 1° to 31° of Part C’ shall be replaced
with: under 1° to 34° of Part C.
J
After Article 1.16, an Article shall be inserted with the following text:
Article 1.16a
A notification as referred to in Article 1.10 shall be accompanied by a
supporting report explaining the effects on air quality, if the facility is one as
defined in Category 11.1, sub b of Part C of Annex 1 to the Living Environment
Law Decree, for facilities intended for the production of concrete mortar or
concrete products.
K
Article 1.17 shall read as follows:
Article 1.17
1. A notification as referred to in Article 1.10 for water-treatment facilities shall
be accompanied by a description of the exact implementation of the provisions of
or pursuant to Article 3.5b and Article 3.5d.
2. A notification as referred to in Article 1.10 with respect to a facility for the
production or processing of foods or beverages as referred to in Article 3.137
shall be accompanied by a description of the exact implementation of Article
3.140.
3. A notification as referred to in Article 1.10 with respect to a facility for
processing polyester resins shall be accompanied by a description of the exact
implementation of the provisions of or pursuant to Article 4.31c.
4. If it is insufficiently likely that Article 3.5b and Article 3.5d or Article 3.140
respectively, will be fulfilled, the competent authority may, within four weeks
from receipt of the notification as referred to in the first and second paragraphs,
decide that an odour survey report shall be submitted.
5. An odour assessment as referred to in the fourth paragraph shall be carried
out in accordance with the NeR.
L
After Article 1.20, an Article shall be inserted with the following text:
Article 1.21
A notification as referred to in Article 1.10 with respect to a discharge into the
wastewater sewer of oxygen-binding substances with an annual average pollution
value of 5 000 inhabitant equivalents or more, shall be accompanied by an
explanation of the variation of the discharge over the year.
M
After the heading of Section 2.1., an Article shall be inserted with the following
text:
Article 1.22
This Sub-chapter shall apply to any person who:
a. operates a Type A or Type B facility, or:
b. operates a Type C facility, to the extent that this Sub-chapter is applicable to
activities performed within the facility that is subject to Chapter 3.
N
After the heading of Section 2.2., an Article shall be inserted with the following
text:
Article 2.1a
This Sub-chapter shall apply to any person who:
a. operates a Type A or Type B facility, or:
b. operates a Type C facility, to the extent that this Sub-chapter is applicable to
activities performed within the facility that is subject to Chapter 3.
O
In Article 2.2(1), the following replacements shall be made:
a. ‘4.19’ shall be replaced with: 3.10k;
b. ‘4.103g to 4.104d’ shall be replaced with: ‘4.103g to 4.104e’;
c. ‘4.109’ shall be replaced with: 3 131, and
d. ‘4.113a’ shall be replaced with: 3.150.
P
After the heading of Section 2.3., an Article shall be inserted with the following
text:
Article 2.3a
This Sub-chapter shall apply to any person who:
a. operates a Type A or Type B facility, or:
b. operates a Type C facility, to the extent that this Sub-chapter is applicable to
activities performed within the facility that is subject to Chapter 3.
Q
Article 2.4 shall read as follows:
Article 2.4
Articles 2.5 and 2.6 apply exclusively to emissions of substances from activities
for which rules have been defined for their emissions into the air by or pursuant
to Articles 3.26b, 3.38, 3.141, 3.143, 4.21, 4.23, 4.27a, 4.29, 4.31b, 4.33 to
4.35, 4.40 to 4.42, 4.44 to 4.46, 4.50, 4.54, 4.58, 4.60, 4.62, 4.65, 4.68, 4.74b,
4.74f, 4.74j, 4.74s, 4.94, 4.94g, 4.103aa, 4.103d, 4.119, and 4.125.
R
In Article 2.7(3), the phrase ‘Articles 2.5, 2.6, 3.38, 3.43, 4.21, 4.23, 4.27,
4.29, 4.33 to 4.35, 4.40 to 4.42, 4.44 to 4.46, 4.50, 4.54, 4.58, 4.60, 4.62, 4.65,
4.68, 4.74b, 4.74f, 4.94, 4.94g, 4.103a, 4.103d, 4.119, and 4.125’ shall be
replaced with: Articles 2.5, 2.6, 3.26b, 3.38, 3.141, 3.143, 4.21, 4.23, 4.27a,
4.29, 4.31b, 4.33 to 4.35, 4.40 to 4.42, 4.44 to 4.46, 4.50, 4.54, 4.58, 4.60,
4.62, 4.65, 4.68, 4.74b, 4.74f, 4.74j, 4.74s, 4.94, 4.94g, 4.103aa, 4.103d,
4.119, and 4.125.
S
Article 2.8 shall be amended as follows:
1. In the first paragraph, sub b, the phrase ‘Articles 3.38, 3.43, 4.21, 4.23,
4.27, 4.29, 4.33 to 4.35, 4.40 to 4.42, 4.44 to 4.46, 4.50, 4.54, 4.58, 4.60, 4.62,
4.65, 4.68, 4.74b, 4.74f, 4.94, 4.94g, 4.103a, 4.103d, 4.119, and 4.125’ shall be
replaced with: Articles 3.26b, 3.38, 3.141, 3.43, 4.21, 4.23, 4.27a, 4.29, 4.31b,
4.33 to 4.35, 4.40 to 4.42, 4.44 to 4.46, 4.50, 4.54, 4.58, 4.60, 4.62, 4.65, 4.68,
4.74b, 4.74f, 4.74j, 4.74s, 4.94, 4.94g, 4.103aa, 4.103d, 4.119, and 4.125.
2. In the third paragraph, sub e, the phrase ‘NEN 2819’ shall be replaced with:
ISO 5713.
T
In Articles 2.8(3), sub a, 3.38(2), preamble and sub a, and (3), 4.21(1),
preamble and sub a, 4.23(1), preamble and sub a and b, 4.33(1), preamble and
sub a, 4.44(1), preamble and sub a, 4.50(1)(a), 4.54(1), preamble and sub a,
4.58, sub a, 4.68(1)(a), 4.74b, preamble and sub a and b, 4.74f, preamble and
sub a and b, 4.94, preamble and sub a and b, 4.94g(1), preamble and sub a,
4.103aa, preamble and sub a and b, and 4.103d, preamble and sub a and b, each
occurrence of the phrase “total of substance” shall be replaced with: substance
class S.
U
After the heading of Section 2.4., an Article shall be inserted with the following
text:
Article 2.8a
1. This Sub-chapter shall apply to any person who:
a. operates a Type A or Type B facility, or:
b. operates a Type C facility, to the extent that he/she performs activities within
the facility that are subject to Chapter 3.
2. Notwithstanding the first paragraph, sub b, Article 2.11(1) shall not apply to
Type C facilities comprising an IPPC installation which does not relate to the
number of animal spaces.
V
After the heading of Section 2.5., an Article shall be inserted with the following
text:
Article 2.11a
This Section shall apply to any person operating a Type A or Type B facility.
W
Article 2.14a shall be amended as follows:
1. The first paragraph shall read as follows:
1. It shall be prohibited to incinerate waste, except for the incineration of
biomass within a combustion plant with a thermal capacity of 15 Megawatts or
less, where Article 3.10n is fulfilled.
2. After the seventh paragraph, a new paragraph shall be added with the
following text:
8. It shall be prohibited to compact waste except when:
a. the waste is not a hazardous waste;
b. the waste does not originate from outside the facility, and:
c. compaction will not hinder post-separation.
X
After the heading of Section 2.6., an Article shall be inserted with the following
text:
Article 2.14c
This Section shall apply to any person operating a Type A or Type B facility.
Y
After the heading of Section 2.7., an Article shall be inserted with the following
text:
Article 2.15a
This Section shall apply to any person operating a Type A or Type B facility.
Z
After the heading of Section 2.8., an Article shall be inserted with the following
text:
Article 2.16b
This Section shall apply to any person operating a Type A or Type B facility.
AA
In Article 2.18(1) sub g and in Article 2.18(5), each occurrence of the phrase
‘traditional shooting’ shall be replaced with: traditional shooting as referred to in
Section 3.7.2.
BB
After the heading of Section 2.9., an Article shall be inserted with the following
text:
Article 2.22a
This Section shall apply to any person operating a Type A or Type B facility.
CC
After the heading of Sub-chapter 2.10, an Article shall be inserted with the
following text:
Article 2.23a
This Section shall apply to any person operating a Type B or Type C facility to
the extent that liquid fuel or used oil is being stored within the facility in an
underground storage tank.
DD
After the heading of Sub-chapter 2.11, a new Article shall be inserted with the
following text:
Article 2.27a
This Section shall apply to any person operating a Type A facility, a Type B
facility, or a Type C facility.
EE
After the heading of Chapter 3, a new Sub-chapter shall be inserted with the
following text:
Section 3.0. Scope of Chapter 3
Article 3
This Chapter shall apply to any person who:
a. operates a Type A or Type B facility, or:
b. operates a Type C facility, with the exception of Articles 3.113 to 3.121.
FF
Section 3.2.1 shall read as follows:
Section 3.2.1. Operating a combustion plant other than a large combustion
plant.
Article 3.7
1. Articles 3.10 to 3.10j and 6.20 to 6.20c on emissions into the air shall apply
to operating a gas-fuelled engine, gas turbine, boiler system, or diesel engine,
except for:
a. a gas-fuelled engine, gas turbine, boiler system or diesel engine which is being
used, as evidenced by an appropriate living environment permit issued for the
facility, for research, testing, or demonstration of experimental incineration
methods or methods aiming at reducing the emission of sulphur dioxide (SO2),
nitrogen oxides (NOx), or total substances;
b. a gas-fuelled engine, gas turbine, boiler system, or diesel engine which is a
backup system used at most 500 hours per year;
c. a boiler system with a rated power not exceeding 400 kilowatts, which uses
fuels other than biomass;
d. a large combustion plant;
e. a waste incineration or waste co-firing system subject to Section 5.2, or:
f. a mobile combustion plant.
2. Notwithstanding the first paragraph, the Articles listed in that paragraph shall
not apply, with respect to emission limits and measurement methods for nitrogen
oxides (NOx), to the operation of a combustion plant to the extent that they are
subject to Title 16.3 of the Act. The competent authority may issue specific
requirements for emission limits and measurement methods for nitrogen oxides
(NOx) in the exhaust gas of a combustion plant if deemed necessary to protect
air quality.
3. Articles 3.10k, 3.10n, and 3.10o on effective management of wastewater,
achievement of a negligible soil risk, and effective waste management, shall
apply to the operation of combustion plants, with the exception of:
a. a large combustion plant;
b. a waste incineration or waste co-firing system subject to Section 5.2, or:
c. a mobile combustion plant.
4. Articles 3.10l and 3.10m on effective energy use shall apply to facilities that do
not contain greenhouse gas installations as referred to in Article 16.1 of the Act,
and where electrical energy and thermal energy are produced concurrently by
means of a cogeneration installation, except for:
a. cogeneration installations using fermentation gas;
b. cogeneration installations that are also large combustion plants;
c. cogeneration installations that are also waste incineration or waste co-firing
systems subject to Section 5.2, or:
d. cogeneration installations that are also mobile combustion plants.
5. Article 3.10p on inspection and maintenance of combustion plants shall apply
to the operation of a combustion plant, except for:
a. a combustion plant which is being used, as evidenced by an appropriate living
environment permit issued for the facility, for research, testing, or demonstration
of experimental incineration methods or methods aiming at reducing the emission
of sulphur dioxide (SO2), nitrogen oxides (NOx), or total substances;
b. a combustion plant which is a backup system used at most 500 hours per
year;
c. a large combustion plant;
d. a waste incinerator;
e. a waste co-firing system subject to Section 5.2, or:
f. a mobile combustion plant.
Article 3.8
A combustion plant may be located within the Dutch exclusive economic zone.
Article 3.9
To the extent that this Section imposes emission requirements on substances,
Articles 2.7 and 2.8(3) to (5) shall not apply.
Article 3.10
The exhaust gas of a boiler system with a rated input power of 1 Megawatt or
more shall comply with the emission limits as referred to in Table 3.10.
Table 3.10
Boiler system with a rated power of 1 Megawatt or more
Fuel
nitrogen oxides
sulphur
Overall
(NOx)
dioxide
substan
(mg per
(SO2) (mg
ces
normalised cubic
per
(mg per
metre)
normalised
normalis
cubic metre)
ed cubic
metre)
unburned
hydrocarbons
(CxHy)
(mg per
normalised cubic
metre)
Solid fuel,
excluding
biomass
100
200
5
-
Liquid fuel,
excluding
biomass
Biomass, if
the boiler
system has a
thermal
power lower
than 5
Megawatts
120
200
5
-
200
200
20
-
Biomass, if
the boiler
system has a
145
200
5
-
thermal
power higher
than 5
Megawatts
Natural gas
Gaseous fuel,
excluding
natural gas
70
70 multiplied by a
factor defined as
the lower calorific
value of the fuel
used (expressed
in MJ per
normalised cubic
metre) divided by
a heat of
combustion of
31.65 MJ per
normalised cubic
metre, with the
result subject to
a minimum of 0.9
and a maximum
of 2.0
200
200
-
-
Article 3.10a
The exhaust gas of a boiler system with a rated input power higher than 400
kilowatts but lower than 1 Megawatt shall comply with the emission limits as
referred to in Table 3.10.
Table 3.10a
Boiler system with a rated power between 400 kilowatts and 1 Megawatt
Fuel
nitrogen oxides
sulphur dioxide
Overall
unburned
(NOx)
(SO2) (mg per
substan
hydro(mg per
normalised cubic ces (mg
carbons
normalised cubic
metre)
per
(CxHy)
metre)
normalis
(mg per
ed cubic
normalised
metre)
cubic metre)
Liquid fuel,
excluding
biomass
120
200
20
-
Biomass
300
200
40
-
Natural gas
Gaseous
fuel,
excluding
natural gas
70
70 multiplied by a
factor defined as
the lower calorific
value of the fuel
used (expressed
in MJ per
normalised cubic
metre) divided by
a heat of
combustion of
31.65 MJ per
normalised cubic
metre, with the
result subject to a
minimum of 0.9
and a maximum
of 2.0
200
200
-
-
Coal, lignite
and peat
100
200
5
-
Wood
pellets, to
the extent
that they do
not
constitute
biomass
300
200
40
-
Article 3.10b
The exhaust gas of a boiler system with a rated input power of 400 Megawatt or
less shall comply with the emission limits as referred to in Table 3.10b.
Table 3.10b
Boiler system with a rated power of 400 kilowatts or less
Fuel
nitrogen
sulphur
Overall
oxides
dioxide
substances
(NOx)
(SO2) (mg per
(mg per
(mg per
normalised
normalised
normalised
cubic metre)
cubic
unburned
hydrocarbons
(CxHy)
(mg per
normalised cubic
cubic metre)
Biomass
Wood
pellets, to
the extent
that they
do not
constitute
biomass
300
300
metre)
200
200
40
40
metre)
-
Article 3.10c
1. In case of simultaneous use of different types of fuel in a boiler system, the
emission limit for nitrogen oxides (NOx), sulphur dioxide (SO2) and total
substances shall be deemed to be equal to a weighted average of the emission
limits applicable to each of the fuels pursuant to Articles 3.10 to 3.10b.
2. The weighted average as referred to in the first paragraph shall be calculated
per unit of time in proportion to the contribution of each fuel to the energy
content of the input fuels.
Article 3.10d
The exhaust gas of a gas turbine shall comply with the emission limits as referred
to in Table 3.10d.
Table 3.10d
Gas turbine
Fuel
Liquid fuel
Fuel,
excluding
liquid fuel
nitrogen
oxides
(NOx)
(mg per
normalised
cubic metre)
140,
normalised to
ISO air
conditions
sulphur
dioxide
(SO2)
(mg per
normalised
cubic metre)
200
Overall
substances
(mg per
normalised
cubic metre)
15
unburned
hydrocarbons
(CxHy)
(mg per
normalised
cubic metre)
-
140,
normalised to
ISO air
conditions
200
-
-
Article 3.10e
The exhaust gas of a diesel engine shall comply with the emission limits as
referred to in Table 3.10e.
Table 3.10e
Diesel engine
Fuel
All fuels
nitrogen
oxides
(NOx)
(mg per
normalised
cubic metre)
450,
normalised to
ISO air
conditions
sulphur
dioxide
(SO2)
(mg per
normalised
cubic metre)
200
Overall
substances
(mg per
normalised
cubic metre)
50
unburned
hydrocarbons
(CxHy)
(mg per
normalised
cubic metre)
-
Article 3.10f
The exhaust gas of a gas-fuelled engine shall comply with the emission limits as
referred to in Table 3.10f.
Table 3.10f
Gas-fuelled engine
Fuel
Fuel, for gasfuelled
engines with
a thermal
power less
than 2.5
Megawatts,
not including
nitrogen
oxides
(NOx)
(mg per
normalised
cubic metre)
340
sulphur
dioxide
(SO2)
(mg per
normalised
cubic metre)
200
Overall
substances
(mg per
normalised
cubic
metre)
-
unburned
hydrocarbons
(CxHy)
(mg per
normalised cubic
metre)
-
fermentation
gas
Fuel, for gasfuelled
engines with
a thermal
power of 2.5
Megawatts or
more, not
including
fermentation
gas
100
200
-
1 500
Fermentation
gas:
340
200
-
-
Article 3.10g
1.
A combustion plant where due to a malfunction the exhaust gas fails to
meet the emission limits applicable to it pursuant to this Section must not remain
in operation for more than 120 consecutive hours after the occurrence of such a
malfunction, subject to a maximum of 120 hours per calendar year in total.
2.
If a malfunction as referred to in the first paragraph is not repaired within
120 hours such that the exhaust gas from the combustion plant once again meets
the emission limits, the combustion plant shall be taken out of operation.
3.
The second paragraph shall not apply to combustion plants located within
the Dutch exclusive economic zone where the malfunction cannot reasonably be
repaired within the number of hours as referred to in the first paragraph,
provided that such a situation is notified to the State Supervision of Mines in
writing, stating the reasons, before the end of the aforementioned number of
hours. The State Supervision of Mines shall in that case determine a period of
time within which the malfunction is to be repaired. If the malfunction is not
repaired within the period of time determined by the State Supervision of Mines,
the combustion plant concerned will yet be taken out of operation.
4.
If a malfunction relates to the fuel used in the combustion plant, a
different fuel may be used during the number of hours as referred to in the first
paragraph; in such a case, the emission limits normally applicable pursuant to
this Section will not be applied during those hours.
Article 3.10h
A combustion plant that for six months maximum is to replace a combustion plant
that is decommissioned because of maintenance, repair or definitive replacement
and that is disconnected from the fuel supply or from the steam or electricity
system that it supplies, shall at least meet the emission limits applicable to the
decommissioned combustion plant.
Article 3.10i
1.
For the calculation of the emission of exhaust gas from a combustion
plant, the mass concentration of nitrogen oxides (NOx), sulphur dioxide (SO2),
total substances and unburned hydrocarbons (CxHy, in terms of C) in the exhaust
gas shall be converted to an exhaust gas with an oxygen volume proportion of:
a.
6 per cent for combustion plants with solid fuel, or:
b.
3 per cent for combustion plants with gaseous or liquid fuels.
2.
For the calculation of the emission of exhaust gas from a combustion
plant, the mass concentration of nitrogen oxides in the exhaust gas shall be
calculated as the mass concentration of nitrogen dioxide.
Article 3.10j
1.
The concentration of nitrogen oxides (NOx), sulphur dioxide (SO2), total
substances and unburned hydrocarbons (CxHy, expressed in terms of C) in the
exhaust gas emitted by a combustion plant on which this Section imposes
emission limits, shall be determined through measurement.
2.
Notwithstanding the first paragraph, no measurement is required for
sulphur dioxide (SO2) if the emission limits are observed by using fuel with a
known sulphur content and the combustion plant does not have equipment for
reducing its sulphur dioxide emissions.
3.
The measurement as referred to in the first paragraph, including the
calculations, recording and reporting of the measurement, shall comply with the
requirements imposed by ministerial regulation.
Article 3.10k
1. Draining of a steam boiler in a combustion plant shall be done into a suitable
draining tank or another suitable facility which at least complies with the
requirements imposed by ministerial regulation with respect to effective
wastewater management.
2. Discharges of drain water from a steam boiler, or of condensate from exhaust
gases in a combustion plant onto or into the soil or into a surface water body,
shall be permitted provided that discharging into a wastewater sewer is not
possible.
Article 3.10l
1. The average annual yield of a cogeneration installation shall be at least 65 %,
calculated according to the following formula: the sum of the energy yield from
the power production plus two-thirds of the energy yield from the utilisable heat
production.
2. A cogeneration installation shall be operated in such a manner that the
quantity of heat that is utilised is as large as possible, and the quantity of heat
released to the environment unused is kept as small as possible. Unused heat
shall be understood to include heat released by the emergency cooler.
Article 3.10m
1. The fuel consumption and produced electricity of a cogeneration installation
shall be recorded annually.
2. If the cogeneration installation is connected to an emergency cooler, the
quantity of utilised heat shall be recorded annually.
3. If the cogeneration installation is not connected to an emergency cooler, the
thermal yield shall be determined once every four years.
4. The records as referred to in the first and second paragraphs shall be retained
for five calendar years from their date, and shall either be kept available within
the facility or be capable of being made available to the competent authority
within a period of time as determined by such an authority.
Article 3.10n
No incineration shall take place in a combustion plant of biomass which is also
waste, unless the incineration of the biomass does not obstruct potential material
reuse and the heat produced is utilised.
Article 3.10o
A combustion plant where liquid fuel is burned shall comply with the requirements
imposed by ministerial regulation with respect to achieving a negligible soil risk.
Article 3.10p
A combustion plant shall comply with the requirements for inspection and
maintenance as defined by ministerial regulation with respect to safe operation,
optimum combustion, and energy efficiency of such a combustion plant.
GG
Article 3.12(1) shall read as follows:
1. In facilities where Category B and C gas pressure measurement and control
stations are in operation, a company emergency plan or a demonstrable safety
control system shall be present.
HH
In Sub-chapter 3.2., two paragraphs shall be inserted after Article 3.16b, with
the following text:
Section 3.2.6. Operating a cooling system
Article 3.16c
1. This Section shall apply to:
a. operating a cooling system containing at least 12 kilograms of natural cooling
agent, or:
b. a cooling system containing at most 1 500 kilograms of ammonia.
2. In this section, the term ‘natural cooling agent’ shall be defined as follows: the
use as a cooling agent of carbon dioxide, ammonia or hydrocarbons, not being
either a regulated substance, or preparation containing such a substance, as
referred to in the Implementing Decree to the EC Regulation on ozone layer
depleting substances, or a fluorinated greenhouse gas, or preparation containing
such gas, as referred to in the Environmental Management (Fluorinated
Greenhouse Gases) Decree [Besluit gefluoreerde broeikasgassen milieubeheer].
Article 3.16d
1. A cooling system with a natural cooling agent shall comply with the
requirements imposed by ministerial regulation with respect to preventing risks to
the environment and unusual incidents, or where prevention is not possible, to
minimising the risks to the environment and the likelihood of unusual incidents
occurring as well as their consequences.
2. An ammonia cooling system shall at least comply with the requirements
imposed by ministerial regulation.
3. A cooling system as referred to in the first paragraph, and an ammonia cooling
system as referred to in the second paragraph, shall be inspected for safe
operation, leaks and energy efficiency at least once every two calendar years.
4. An inspection as referred to in the third paragraph shall be conducted by an
independent competent person, who shall prepare a report of the inspection and
make such a report available to the operator of the facility.
5. If an inspection indicates that the cooling system is in need of maintenance,
such maintenance shall be carried out within two weeks from the inspection.
6. The most recently prepared inspection report shall be retained, as well as the
most recently prepared maintenance document describing which maintenance
was carried out, when and by whom.
7. If an ammonia-based cooling system is used in a skating rink, it shall be an
indirect ammonia cooling system as referred to in Chapter 2.4 of PGS 13.
Section 3.2.7. Operating a heat exchange system
Article 3.16e
This section shall apply to operating a heat exchange system with liquid soilthreatening substances.
Article 3.16f
In operating a heat exchange system, the requirements imposed by ministerial
regulation with respect to achieving a negligible soil risk shall be observed.
II
The heading of Sub-chapter 3.3 shall read as follows:
Section 3.3. Activities with vehicles or vessels.
JJ
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.
KK
In Article 3.17(1), the following shall be inserted at the end before the full stop:
or deliveries of liquid fuel to railway vehicles.
LL
In Article 3.19, preamble, the following shall be inserted after the phrase ‘road
motor vehicles’: or deliveries of liquid fuel to railway vehicles.
MM
Article 3.23(1) shall read as follows:
1. In discharges into the wastewater sewer of wastewater
originating from a liquid-proof floor or paving used for deliveries of
liquid fuel to road motor vehicles or of liquid fuel to railway
vehicles, at least the requirements of the second to fourth
paragraphs shall be met.
NN
In the heading of Section 3.3.2. and in Articles 3.23b(1) and 3.23c(1), the
phrase ‘motor vehicles or equipment’ shall be replaced with: motor vehicles,
equipment or railway vehicles.
OO
Article 3.23a(1) shall read as follows:
1. This section shall apply to washing the exterior of motor vehicles, equipment,
or railway vehicles, including the removal of graffiti.
PP
Section 3.3.3. shall read as follows:
Section 3.3.3. Disassembly of end-of-life vehicles and associated activities
Article 3.26
This Section shall apply to:
a. disassembly of end-of-life vehicles;
b. draining liquids from end-of-life vehicles;
c. storage of waste produced in the disassembly of end-of-life vehicles and the
draining of liquids from end-of-life vehicles, and
d. neutralising air bags and belt tighteners.
Article 3.26a
In the activities as referred to in Article 3.26:
a. in order to have an effective waste management;
b. 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;
and:
c. in order to achieve a negligible soil risk;
at least the requirements imposed by ministerial regulation shall be observed
Article 3.26b
1. Without prejudice to Articles 2.5 and 2.6, the emission concentration of
substance class S shall not exceed the following limits when activating air bags
and belt tighteners:
a. 5 milligrams per normalised cubic metre if the mass flow of substance class S
into the air is equal to or greater than 200 grams per hour;
b. 50 milligrams per normal cubic metre if the mass flow is less than 200 grams
per hour.
2. The activation of air bags and belt tighteners shall be accompanied by the
measures for the prevention or reduction of diffuse emissions and for an effective
dispersal of emissions into the ambient air, as imposed by ministerial regulation.
Article 3.26c
1. In discharges into the wastewater sewer of wastewater originating from the
disassembly of end-of-life vehicles, at least the requirements of the second to
fourth paragraphs shall be met.
2. The content of the wastewater shall not exceed any of the following limits in
any sample:
a. 20 milligrams of oil per litre;
b. 300 milligrams of undissolved substances per litre.
3. Notwithstanding the second paragraph, the oil content shall be at most 200
milligrams per litre in any sample if the wastewater is passed, prior to mixing
with any other wastewater, through a soakage pit and oil separator compliant
with and used in accordance with NEN-EN 858-1 and 2.
4. The wastewater to be discharged may be sampled using any effective means.
QQ
In Sub-chapter 3.3., two paragraphs shall be inserted after Section 3.3.3, with
the following text:
Section 3.3.4. Offering parking spaces in a car park
Article 3.26d
This section shall apply to car parks with more than 20 parking spaces.
Article 3.26e
1. In case of mechanical ventilation in a car park with more than 20 parking
spaces:
a. with respect to effective dispersal of emissions;
b. with respect to prevention or reduction of odour pollution; or
c. with respect to prevention or reduction of air pollution with benzene;
any requirements imposed by ministerial regulation shall be observed.
2. The competent authority may issue specific requirements for the following:
a. reduction of the emission of benzene from a car park if necessary to protect air
quality, or:
b. the entry vents and exit vents of the mechanical ventilation system of a car
park, and the construction and maintenance of the fans, as necessary to protect
air quality or to prevent odour pollution or reduce it where prevention is not
possible.
Article 3.26f
1. In discharges into the wastewater sewer of wastewater originating from an
activity as referred to in Article 3.26d, at least the requirements of the second to
fourth paragraphs shall be met.
2. Wastewater originating from an area where an activity as referred to in the
first paragraph is carried out, or from a liquid-proof floor or paving on which such
activity is carried out, shall not be discharged if any sample taken from it contains
more than the following:
a. 20 milligrams of oil per litre;
b. 300 milligrams of undissolved substances per litre.
3. Notwithstanding the second paragraph, the oil content shall be at most 200
milligrams per litre in any sample if the wastewater is passed, prior to mixing
with any other wastewater, through a soakage pit and oil separator compliant
with and used in accordance with NEN-EN 858-1 and 2.
4. The wastewater to be discharged may be sampled using any effective means.
Section 3.3.5. Offering spaces for mooring pleasure craft in a marina
Article 3.26g
This section shall apply to marinas with more than 50 berths.
Article 3.26h
1. In discharges into the wastewater sewer of bilge water received from pleasure
craft, at least the requirements of the second to fourth paragraphs shall be met.
2. The content of the wastewater shall not exceed any of the following limits in
any sample:
a. 20 milligrams of oil per litre; or:
b. 300 milligrams of undissolved substances per litre.
3. Notwithstanding the second paragraph, the oil content shall be at most 200
milligrams per litre in any sample if the wastewater is passed, prior to mixing
with any other wastewater, through a soakage pit and oil separator compliant
with and used in accordance with NEN-EN 858-1 and 2.
4. The wastewater to be discharged may be sampled using any effective means.
Article 3.26i
1. To ensure effective waste management in a marina, at least the waste as
referred to in sub a to d shall be accepted from the users of the marina.
a. If a marina has more than 50 berths, and deliveries of liquid fuels to vessels
take place within the marina, then the marina shall accept:
1°. used oil and grease from maintenance of pleasure craft, and
2°. oil- and fat-containing waste from maintenance of pleasure craft.
b. If a marina has more than 50 berths, and non-professional maintenance or
repair of pleasure craft takes place within the marina, then the marina shall also
accept:
1°. used oil and grease from maintenance of pleasure craft;
2°. oil- and fat-containing waste from maintenance of pleasure craft; and
3°. waste from repair and maintenance activities on pleasure craft that are
undertaken on a non-professional basis within the marina.
c. If a marina has more than 50 berths, not including berths intended exclusively
for pleasure craft without inboard motor, then the marina shall also accept bilge
water.
d. If a marina has more than 50 berths, not including berths intended exclusively
for pleasure craft without a fixed lockable staying area, then the marina shall also
accept domestic wastewater and chemical toilet waste.
2. Where two or more marinas are located in each other’s immediate vicinity, the
first paragraph shall be deemed to have been observed if the systems are
installed and managed jointly and a contract to that effect is in place. The
contract shall be submitted to the competent authority for approval.
3. If a marina is located in the immediate vicinity of a facility where Title 10.4 of
the Act is being implemented, then the first paragraph shall be deemed to have
been observed if the systems of such a facility meet the requirements of the first
paragraph and are used jointly pursuant to a contract between the marina and
such a facility. The contract shall be submitted to the competent authority for
approval.
4. No separate fee shall be charged from the users of the facility for collections as
referred to in the first paragraph.
5. If a marina is not required pursuant to the first paragraph to have a facility for
collections of a particular category of waste, then it shall be clearly indicated
within the marina where users of the marina may deliver their waste.
Article 3.26j
1. Notwithstanding 3.26i(1), waste as listed in that paragraph shall be accepted
by a marina normally visited by seagoing pleasure craft regardless of the number
of berths in such a marina.
2. Any person who operates a marina normally visited by seagoing pleasure craft
shall specify when collecting port dues which part thereof is intended for
maintaining the facilities for acceptance and further management of waste.
3. Any person operating a marina normally visited by seagoing pleasure craft
shall, in consultation with the parties involved, draw up every three years an
appropriate plan for acceptance and further management of waste, and shall
submit such a plan to the competent authority for approval.
Article 3.26k
Articles 3.26i and 3.26j shall not apply to marinas normally visited by seagoing
pleasure craft and designated pursuant to Article 6 of the Pollution from Ships
(Prevention) Act [Wet voorkoming verontreiniging door schepen].
RR
The heading of Sub-chapter 3.4. shall read as follows:
Section 3.4. Storage of substances or filling of gas bottles
SS
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.
Article 3.29
This section shall apply to storages in an underground storage tank made of
metal or plastic, not exceeding 150 cubic metres, of:
a. liquid fuel;
b. used oil;
c. butanone;
d. ethanol;
e. ethyl ethanoate;
f. 4-methyl-2-pentanone;
g. 1-propanol;
h. 2-propanol;
i. propanone, or
j. any liquid soil-threatening substance not being a hazardous substance or CMR
substance.
Article 3.30
In the operation and the termination of the operation of an underground storage
tank as referred to in Article 3.29 that is or was used for storage of the
substances as referred to in that Article:
a. in order to achieve a negligible soil risk;
b. in order to prevent any risks to the environment and unusual incidents, or if
prevention is not possible, to reduce as far as possible any risks to the
environment and the likelihood of unusual incidents occurring as well as their
consequences; or:
c. in order to prevent, or reduce as far as possible where prevention is not
possible, any contamination of the ground water,
any requirements imposed by ministerial regulation shall be observed.
Article 3.30a
From the filling point of an underground storage tank with organic solvents, or
the parking space of a road tanker, a distance of at least 20 metres shall be
observed to sensitive and moderately sensitive objects located outside the
facility.
TT
In Article 3.31(2)(a) and (3)(a), the phrase ‘except to the extent provided for
by Sections 3.4.1, 3.4.2, 3.4.4 to 3.4.7, 4.1.1 to 4.1.4, and 4.1.7’ shall be
replaced with: except for fixed fertilizers, explosives, disassembled air bags and
belt tighteners, other hazardous substances and CMR substances other than
asbestos, or liquid soil-threatening substances.
UU
In Article 3.34(3), Table 3.34, the phrase ‘PAHs (sum of naphthalene,
anthracene, fluoranthene, benzo(g, h, i)perylene, benzo(a)pyrene,
benzo(b)fluoranthene, benzo(k)fluoranthene and indeno(1, 2, 3-cd)pyrene)’ shall
be replaced with: PAHs.
VV
Section 3.4.4. shall be deleted.
WW
In Sub-chapter 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 3.54a
This section shall apply to the filling with propane or butane of gas bottles with a
volume not exceeding 12 litres from a gas cylinder not exceeding 150 litres.
Article 3.54b
A filling station for filling gas bottles shall comply with the requirements imposed
by ministerial regulation with respect to preventing risks to the environment and
unusual incidents, or where prevention is not possible, to minimising the risks to
the environment and the likelihood of unusual incidents occurring as well as their
consequences.
Section 3.4.9. Storage of gas oil, lubricating oil or used oil in an above-ground
storage tank
Article 3.54c
1. This section shall apply to the storage of gas oil as referred to in Article 26 of
the Excise Act [Wet op de accijns], lubricating oil or used oil, in one or more
above-ground storage tanks, where:
a. the total outdoor volume of above-ground storage tanks for gas oil or used oil
does not exceed 150 cubic metres, or
b. the total indoor volume of above-ground storage tanks for gas oil or used oil
does not exceed 15 cubic metres.
2. This section shall not apply to above-ground storage tanks embedded in an
installation.
Article 3.54d
In the operation and the termination of the operation of an above-ground storage
tank that is or was used for the storage of gas oil, lubricating oil or used oil:
a. in order to achieve a negligible soil risk;
b. 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;
or:
c. in order to prevent, or reduce as far as possible where prevention is not
possible, any contamination of a surface water body,
any requirements imposed by ministerial regulation shall be observed.
XX
Three Sub-chapters shall be inserted after Article 3.129, with the following text:
Section 3.6. Foodstuffs
Section 3.6.1. Preparation of foodstuffs
Article 3.130
This section shall apply to the preparation of foodstuffs using:
a. kitchen appliances;
b. industrial kitchen equipment;
c. one or more bakery ovens loaded in individual lots, or:
d. one or more bakery ovens loaded continuously, with a rated power not
exceeding 400 kilowatts.
Article 3.131
1. In discharges into the wastewater sewer of wastewater originating from the
preparation of foodstuffs and associated activities, at least the requirements of
the second to fourth paragraphs shall be met.
2. If discharges into a wastewater sewer are not possible, then discharges other
than into a wastewater sewer shall be permitted provided that the wastewater is
discharged together with domestic wastewater and the facilities for purification of
domestic wastewater are capable of handling the purification of wastewater
originating from the preparation of foodstuffs and associated activities.
3. Wastewater containing waste that has been cut or ground by cutting or
grinding equipment shall not be discharged.
4. Prior to mixing with other, non-fatty wastewater, the fatty wastewater shall be
passed through a grease separator and soakage pit compliant with and used in
accordance with NEN-EN 1825-1 and 2. Notwithstanding NEN-EN 1825-1 and 2, a
lower frequency of emptying and cleaning than determined therein shall be
deemed adequate if such a lower frequency does not adversely affect the
effective operation of the separator.
5. The fourth paragraph notwithstanding, the competent authority may issue a
specific requirement permitting discharges without a grease separator and
soakage pit if the discharge will not adversely affect the proper operation of the
wastewater management systems in view of the grease content of the
wastewater, as well as the quantity of wastewater to be discharged. Article 2.2(4)
shall apply accordingly.
Article 3.132
When preparing foodstuffs, the requirements imposed by ministerial regulation
shall be observed in order to prevent odour pollution or reduce it to acceptable
levels where prevention is not possible.
Section 3.6.2. Slaughtering animals, butchering meat or fish or processing animal
by-products
Article 3.133
This Section shall apply to:
a. slaughtering a maximum of 10 000 kilograms live weight of animals per week,
and fermenting, boiling or brining the animal by-products thereby produced;
b. butchering meat from carcasses or carcass sections;
c. butchering fish, or
d. butchering and brining organs.
Article 3.134
1. Slaughtering animals and processing animal by-products shall be done indoors.
2. In discharges into the wastewater sewer of wastewater originating from the
processing of animal by-products or from the cleaning and disinfection of areas
where animals have been slaughtered, carcasses have been processed, meat has
been cut away from carcasses or carcass sections, fish has been cut away, organs
are being processed or animal by-products are being processed, at least the
requirements of the third to sixth paragraphs shall be met.
3. Prior to mixing with other, non-fatty wastewater, the wastewater as referred to
in the second paragraph shall be passed through a grease separator and soakage
pit compliant with and used in accordance with NEN-EN 1825-1 and 2.
Notwithstanding NEN-EN 1825-1 and 2, a lower frequency of emptying and
cleaning than determined therein shall be deemed adequate if such a lower
frequency does not adversely affect the effective operation of the separator.
4. Upon the installation of a grease separator used for wastewater, a report shall
be prepared describing how the requirements of Section 6.3 of NEN-EN 1825-2
have been implemented. Such a report shall be retained within the facility.
5. The wastewater shall not be subjected to biological treatment prior to its
discharge into a wastewater sewer.
6. If compatible with the interests of environmental protection, the competent
authority may issue a specific requirement to permit biological treatment prior to
discharge into a wastewater sewer, the fifth paragraph notwithstanding.
Article 3.135
1. When fermenting or boiling animal by-products, the requirements imposed by
ministerial regulation shall be observed in order to prevent odour pollution or
reduce it to acceptable levels where prevention is not possible.
2. When brining, the requirements imposed by ministerial regulation shall be
observed to ensure a negligible soil risk.
3. In brining:
a. in order to ensure efficient operation of the waste water management facilities;
b. in order to prevent, or reduce as far as possible where prevention is not
possible, any contamination of a surface water body,
at least all requirements imposed by ministerial regulation shall be observed.
Article 3.136
In slaughtering animals:
a. the requirements imposed by ministerial regulation shall be observed to ensure
a negligible soil risk; or:
b. the requirements imposed by ministerial regulation shall be observed in order
to prevent odour pollution or reduce it to acceptable levels where prevention is
not possible.
Section 3.6.3. Industrial production or processing of foodstuffs or beverages
Article 3.137
This section shall apply to the production or processing of foodstuffs or beverages
for human consumption, except for:
a. artisanal preparation of foodstuffs or beverages;
b. preparation of foodstuffs or beverages using:
1°. kitchen appliances,
2°. industrial kitchen equipment;
3°. one or more bakery ovens loaded in individual lots, or:
4°. one or more bakery ovens loaded continuously, with a rated power not
exceeding 400 kilowatts;
c. slaughtering animals and butchering meat and fish;
d. extraction of vegetable oils or refinement of fats;
e. production of starch or sugar, or
f. production of alcohol.
Article 3.138
1. Discharges into a designated surface water body of wastewater originating
from the production or processing of foodstuffs or beverages for human
consumption shall be permitted only if at least the requirements as imposed by or
pursuant to the second to sixth paragraphs are observed.
2. The wastewater to be discharged must not contain substances which — based
on the BAM information document on assessing substances and preparations for
the implementation of the water emission policy as designated pursuant to Article
5.4(2) of the Living Environment Law Decree (“Assessing substances and
preparations” of the Integrated Water Management Committee [Commissie
Integraal Waterbeheer, CIW] (4 2000-05)), are deemed equivalent to substances
to which:
a. a Class A decontamination effort requirement applies, or
b. a Class B decontamination effort requirement applies, unless the wastewater is
purified through biological purification.
3. The second paragraph notwithstanding, the competent authority may issue a
specific requirement permitting discharges of waste water as referred to in that
paragraph, sub a or b, if compatible with the interests of environmental
protection. Article 2.2(4) shall apply accordingly.
4. Without prejudice to the second and third paragraphs, any sample taken from
the wastewater to be discharged shall meet the following requirements:
a) the biochemical oxygen use shall not exceed 30 mg/l;
b) the chemical oxygen use shall not exceed 250 mg/l;
c) the total quantity of undissolved components shall not exceed 100 mg/l;
d) the zinc content shall not exceed 1 mg/l;
e) the copper content shall not exceed 1 mg/l;
f) the total phosphorus content shall not exceed 2 mg/l, and
g) the total nitrogen content shall not exceed 15 mg/l.
5. Notwithstanding the fourth paragraph, the competent authority may issue a
specific requirement:
a. requiring lower substance contents or limits, if needed to protect the
environment, or
b. allowing higher substance contents or limits if compatible with the interests of
environmental protection.
Article 2.2(4) shall apply accordingly.
6. The wastewater to be discharged may be sampled using any effective means.
Article 3.139
1. Discharges into a wastewater sewer of wastewater originating from the
production or processing of foodstuffs or beverages for human consumption shall
be permitted if at least the requirements as imposed by or pursuant to the
second to sixth paragraphs are observed.
2. The wastewater to be discharged must not contain substances which — based
on the BAM information document on assessing substances and preparations for
the implementation of the water emission policy as designated pursuant to Article
5.4(2) of the Living Environment Law Decree (“Assessing substances and
preparations” of the Integrated Water Management Committee [Commissie
Integraal Waterbeheer, CIW] (4 2000-05)), deemed equivalent to substances
subject to a Class A decontamination effort requirement.
3. The wastewater shall not be subjected to biological treatment prior to its
discharge into a wastewater sewer.
4. If compatible with the interests of environmental protection, the competent
authority may issue a specific requirement to permit biological treatment prior to
discharge into a wastewater sewer, the third paragraph notwithstanding.
5. In discharges into the wastewater sewer of wastewater involving the
processing of oils, fats, dairy products, meat, or fish, the wastewater shall be
passed through a grease separator and soakage pit compliant with and used in
accordance with NEN-EN 1825-1 and -2 prior to being mixed with other, non-fatty
wastewater. Notwithstanding NEN-EN 1825-1 and 2, a lower frequency of
emptying and cleaning than determined therein shall be deemed adequate if such
a lower frequency does not adversely affect the effective operation of the
separator.
6. The wastewater to be discharged may be sampled using any effective means.
Article 3.140
1. A facility for the production or processing of foodstuffs or beverages for human
consumption shall not be established or expanded in capacity for such production
or processing unless additional odour pollution at the location of odour-sensitive
objects due to such establishment or expansion is prevented. The first sentence
shall apply also to alteration of the facility if such an alteration leads to higher or
different odour levels at the location of one or more odour-sensitive objects.
2. If compatible with the interests of environmental protection, the competent
authority may issue a specific requirement to permit a certain level of additional
odour pollution at the location of odour-sensitive objects, the first paragraph
notwithstanding. In defining such a specific requirement, the competent authority
shall observe the NeR and take account of prevailing local odour pollution
policies.
3. If it is found that the production or processing of foodstuffs or beverages for
human consumption causes the odour pollution at the location of one or more
odour-sensitive objects to exceed acceptable levels, the competent authority may
issue a specific requirement, subject to the NeR, prohibiting a certain odour level
at the location of odour-sensitive objects from being exceeded or requiring that
certain technical equipment be installed in the facility or that certain rules of
conduct be observed within the facility, in order to reduce the odour pollution to
acceptable levels.
Article 3.141
1. Without prejudice to Articles 2.5 and 2.6, the emission concentration of
substance class S during production or processing of foodstuffs or beverages for
human consumption where foodstuffs or beverages or their raw materials are
dried, ground or roasted, or where goods classified in drift class S1, S2, S3, or S4
are mixed, shall not exceed:
a. 5 milligrams per normalised cubic metre if the mass flow of substance class S
into the air is equal to or greater than 200 grams per hour; and
b. 50 milligrams per normalised cubic metre if the mass flow of substance class S
is less than 200 grams per hour.
2. In the cases as referred to in the first paragraph, the competent authority
may, if compatible with the interests of environmental protection, issue a specific
requirement for emissions of hygroscopic dust permitting a higher emission
concentration of substance class S, if the mass flow rate of substance class S into
the air is 200 grams per hour or more and a filtering separator cannot be used for
technical reasons. The emission concentration permitted by such a specific
requirement shall not exceed 50 milligrams per normalised cubic metre.
3. Specific requirements as referred to in the second paragraph may contain
conditions for any of the following:
a. inspections of the emission concentration of substance class S, or
b. maintenance and inspection of an emission-reducing technology used in the
facility to comply with the specific requirement.
4. In the production or processing of foodstuffs or beverages for human
consumption, where foodstuffs or beverages or their raw materials are dried,
ground or roasted, or where goods classified in drift class S1, S2, S3, or S4 are
mixed, the requirements imposed by ministerial regulation for the prevention or
reduction of diffuse emissions and for an effective dispersal of emissions into the
ambient air shall be observed.
Section 3.7. Sports and leisure
Section 3.7.1. Indoor shooting ranges
Article 3.142
This Section shall apply to shooting at a shooting range or a combination of
shooting ranges, located within a building or part of a building, without open
sides and with a closed covering.
Article 3.143
1. Without prejudice to Articles 2.5 and 2.6, the emission concentration of
substance class S when shooting at an indoor shooting range shall not exceed the
following limits:
a. 5 milligrams per normalised cubic metre if the mass flow of substance class S
into the air is equal to or greater than 200 grams per hour; and
b. 50 milligrams per normalised cubic metre if the mass flow of substance class S
is less than 200 grams per hour.
2. When shooting at an indoor shooting range, the requirements imposed by
ministerial regulation for the prevention, or reduction where prevention is not
possible, of diffuse emissions and for an effective dispersal of emissions into the
ambient air, shall be observed.
Article 3.144
1. When shooting at an indoor shooting range:
a. in order to prevent any risks to the environment and unusual incidents, or if
prevention is not possible, to reduce as far as possible any risks to the
environment and the likelihood of unusual incidents occurring as well as their
consequences; or:
b. in order to prevent soil pollution or reduce it as far as possible where
prevention is not possible;
at least all requirements imposed by ministerial regulation shall be observed.
2. The calculation of the long-term average assessment level (Lar,LT) and the
maximum noise level Lamax produced by a facility with an indoor shooting range
shall proceed in accordance with the requirements imposed by ministerial
regulation.
Section 3.7.2. Traditional shooting
Article 3.145
This section shall apply to shooting at a stationary outdoor target from a fixed
location by shooting clubs or rifle associations using short or long rifles.
Article 3.146
In traditional shooting:
a. in order to prevent, or reduce as far as possible where prevention is not
possible, the environmental burden on the soil — Article 2.9(1) notwithstanding
— or
b. 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, at
least the requirements imposed by ministerial regulation shall be observed.
Section 3.7.3. Offering spaces for outdoor sports
Article 3.147
This Section shall apply to offering spaces for outdoor sports where outdoor
lighting is used.
Article 3.148
1. The lighting system in an outdoor sports facility shall be switched off:
a. between 23.00 hours and 07.00 hours, and
b. if no sport is being practised or maintenance being carried out.
2. The first paragraph shall not apply to days or day parts in relation to:
a. celebrating festivities so designated by or pursuant to a municipal regulation,
in those areas within the municipality to which the regulation applies;
b. celebrating other festivities that take place within the facility, where the
number of days or day parts so designated by or pursuant to a municipal
regulation must not exceed twelve per calendar year, or
c. activities within a facility, so designated by the competent authority, not being
festivities as referred to in sub b, provided that the total number of days or day
parts designated based on this Article does not exceed twelve days per calendar
year.
3. A festivity or activity as referred to in the second paragraph, which lasts for a
maximum of a 24 hours but takes place both before and after midnight, shall for
these purposes be deemed to take place on a single day.
Section 3.7.4. Recreational fishing ponds
Article 3.149
This Section shall apply to discharges of drain water from recreational fishing
ponds.
Article 3.150
1. Discharges of drain water from recreational fishing ponds into a surface water
body, onto or into the soil, or into a facility for the collection and transport of
wastewater, other than a wastewater sewer, shall be permitted.
2. Discharges of drain water from recreational fishing ponds into wastewater
sewers shall be prohibited.
Section 3.8. Other activities
Section 3.8.1. Dentistry
Article 3.151
This Section shall apply to orthodontic operations using amalgam.
Article 3.152
In discharges into the waste water sewer of waste water originating from dental
procedures, the amalgam-containing waste water shall be passed through an
amalgam separator complying with the requirements of NEN-EN-ISO 11143 in
order to remove the amalgam.
Section 3.8.2. Municipal waste collection sites
Article 3.153
This section shall apply to facilities created by municipalities in implementation of
Article 10.22(1) of the Act where the public may leave bulky domestic waste.
Article 3.154
1. In facilities created by municipalities where the public may leave bulky
domestic waste, at least the relevant requirements for effective waste
management as imposed by ministerial regulation shall be observed.
2. Notwithstanding Article 2.12, it shall be permitted, at facilities complying which
the requirements pursuant to the first paragraph, to mix the bulky domestic
waste with other bulky domestic waste that is not similar to it in nature,
composition or concentrations, provided such waste is not hazardous waste.
YY
The heading of Chapter 4 shall read as follows:
CHAPTER 4. PROVISIONS ON OTHER ACTIVITIES IN A TYPE A OR TYPE
B FACILITY.
ZZ
After the heading of Chapter 4, a new Sub-chapter shall be inserted with the
following text:
Section 4.0. Scope of Chapter 4
Article 4
This chapter shall apply to any person operating a Type A or Type B facility.
AAA
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.
BBB
After the heading of Section 4.1.1., a new Article shall be inserted with the
following text:
Article 4a
This section shall apply to the packaged storage of hazardous substances or
soil-threatening substances, not including:
a. storage of fireworks;
b. pyrotechnic articles for display use;
c. other explosive substances;
d. substances of ADR class 5.2, types C to F;
e. asbestos;
f. disassembled air bags;
g. belt tighteners, or
h. solid artificial fertilisers.
CCC
In Article 4.1, Paragraph (10) shall be deleted, and Paragraph (11) renumbered
as (10).
DDD
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.
EEE
After the heading of Section 4.1.2., a new Article shall be inserted with the
following text:
Article 4.1a
This section shall apply to the storage of fireworks, pyrotechnic articles for
display use or other explosive substances.
FFF
After the heading of Section 4.1.3., a new Article shall be inserted with the
following text:
Article 4.4a
1. This section shall apply to the storage in an above-ground storage tank of
the following substances:
a. propene, oxygen, carbon dioxide, air, argon, helium or nitrogen;
b. substances of ADR Class 5.1 or Class 8, packaging groups II and III, without
additional hazard;
c. semi-heavy oil as referred to in Article 26 of the Excise Act, at a facility for
agricultural activities;
d. PER at a facility for textile cleaning;
e. tetrahydrothiphene at a facility where the pressure of natural gas is reduced
or volumes of natural gas are measured, or
f. liquid soil-threatening substances, other than:
1°. hazardous substances;
2°. CMR substances;
3°. lubricating oil, or
4°. used oil.
2. This section shall not apply to above-ground storage tanks embedded in an
installation.
GGG
After Article 4.5a, a new Article shall be inserted with the following text:
Article 4.5b
With respect to the location of an above-ground storage tank with polyester
resins, the filling-point of an above-ground storage tank with polyester resins, or
the location of a road tanker, a distance of at least 20 metres shall be observed
with respect to sensitive and moderately sensitive objects located outside the
facility.
HHH
Article 4.6, preamble, shall read as follows: In the operation and termination of
the operation of an above-ground storage tank that is or was used for the storage
of semi-heavy oil as referred to in Article 26 of the Excise Act, substances of ADR
Class 8, packaging group II, and III without additional hazard, PER, substances of
ADR Class 5.1 or other liquid soil-threatening substances, other than lubricating
oil:
III
After the heading of Section 4.1.4., a new Article shall be inserted with the
following text:
Article 4.6a
This section shall apply to the parking of transport units containing substances
or objects whose transport is prohibited under the ADR or permitted only under
certain conditions therein specified, or substances, materials and objects as
referred to in the International Maritime Dangerous Goods Code.
JJJ
A paragraph shall be inserted after Article 4.7 with the following text:
Section 4.1.5. Use or storage of certain organic peroxides
Article 4.8
This section shall apply to the use or packaged storage of the following
substances:
a. the storage of substances of ADR Class 5.2, Type C, D, E or F, which do not
require temperature control under the ADR, in a quantity not exceeding 1 000
kilograms per storage facility, and in LQ packaging;
b. the storage of substances of ADR Class 5.2, Type D, E or F, to the extent that
the storage takes place at a facility where rubber or plastic is processed, and it
does not require temperature control under the ADR, in a quantity not exceeding
1 000 kilograms per storage facility, and in a packaging other than LQ, and
c. the use of substances of ADR Class 5.2, Type D, E or F, at a facility where
rubber or plastic is processed, and which does not require temperature control
under the ADR.
Article 4.9
In the use or packaged storage of substances of ADR Class 5.2, Types C to F, as
referred to in Article 4.8:
a. 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;
and:
b. achieve a negligible soil risk,
any requirements imposed by ministerial regulation shall be observed.
KKK
Section 4.1.6 shall be deleted.
LLL
After the heading of Section 4.1.7., a new Article shall be inserted with the
following text:
Article 4.16
This Section shall apply to the storage of solid artificial fertilisers.
MMM
Sub-chapter 4.2 shall be deleted.
NNN
The heading of Sub-chapter 4.3. shall read as follows:
Section 4.3. Activities related to wood or cork
OOO
After the heading of Section 4.3.1., a new Article shall be inserted with the
following text:
Article 4.20
This Section shall apply to mechanical operations on wood or cork and on
objects made of wood, cork, or ligneous materials.
PPP
The heading of Section 4.3.2. shall read as follows:
Section 4.3.2. Cleaning, coating or gluing wood or cork or objects made of
wood, cork or ligneous materials.
QQQ
Article 4.21(3) shall read as follows:
3. The first and second paragraphs shall not apply to non-professional outdoor
maintenance and repair of pleasure craft in winter storage at a marina.
RRR
After the heading of Section 4.3.2, a new Article shall be inserted with the
following text:
Article 4.21b
This section shall apply to the cleaning, coating or gluing of wood or cork or
objects made of wood, cork or ligneous materials.
SSS
In Article 4.25, preamble, the phrase ‘coating and gluing’ shall be replaced
with: coating or gluing.
TTT
The heading of Sub-chapter 4.4. shall read as follows:
Section 4.4. Activities related to rubber or plastic.
UUU
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 4.27
This Section shall apply to the mechanical processing of rubber, plastic, or
products made of rubber or plastic.
Article 4.27a
1. Without prejudice to Articles 2.5 and 2.6, the emission concentration of
substance class S shall not exceed the following limits in the mechanical
processing of rubber, plastic or products made of rubber or plastic:
a. 5 milligrams per normalised cubic metre if the mass flow of substance class S
into the air is equal to or greater than 200 grams per hour; and
b. 50 milligrams per normalised cubic metre if the mass flow of substance class S
is less than 200 grams per hour.
2. In mechanical operations on rubber, plastics, or products made of rubber or
plastics, the requirements imposed by ministerial regulation for the prevention, or
reduction where prevention is not possible, of diffuse emissions and for an
effective dispersal of emissions into the ambient air, shall be observed.
3. The first and second paragraphs shall not apply to non-professional outdoor
maintenance and repair of pleasure craft at a marina.
4. The first and second paragraphs shall not apply to mechanical operations on
rubber, plastics or products made of rubber or plastics in a facility where no more
than 3 m3 of rubber, plastics or products made of rubber or plastics are processed
per year.
Article 4.27b
When grinding rubber, plastics or products made of rubber or plastics, the
relevant requirements imposed by ministerial regulation to ensure a negligible
soil risk shall be observed.
VVV
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.
WWW
After the heading of Section 4.4.2., a new Article shall be inserted with the
following text:
Article 4.27c
This section shall apply to the cleaning, coating, or gluing of rubber, plastics or
products made of rubber or plastics.
XXX
In Articles 4.28, 4.30, and 4.31, the phrase ‘plastics or plastic products’ shall be
replaced with: rubber, plastics or products made of rubber or plastics.
YYY
Article 4.29(1) shall read as follows:
1. Notwithstanding Articles 2.5 and 2.6, the emission concentration of
substance class S in the application of coatings or glue coats shall not exceed the
following:
a. 5 milligrams per normalised cubic metre if the mass flow of substance class S
into the air is equal to or greater than 200 grams per hour; and
b. 50 milligrams per normalised cubic metre if the mass flow of substance class S
is less than 200 grams per hour.
ZZZ
In Article 4.31, preamble, the phrase ‘coating and gluing’ shall be replaced
with: coating or gluing.
AAAA
In Section 4.4, an Article shall be added after Article 4.31, with the following
text:
Section 4.4.3. Weighing or mixing rubber compounds or processing rubber,
thermoplastics or polyester resins
Article 4.31a
This Section shall apply to the weighing or mixing of rubber compounds and to
the processing of rubber, thermoplastics, or polyester resins.
Article 4.31b
1. Without prejudice to Articles 2.5 and 2.6, the emission concentration of
substance class S shall not exceed the following limits when weighing or mixing
rubber compounds:
a. 5 milligrams per normalised cubic metre if the mass flow of substance class S
into the air is equal to or greater than 200 grams per hour; and
b. 50 milligrams per normalised cubic metre if the mass flow of substance class S
is less than 200 grams per hour.
2. Without prejudice to Articles 2.5 and 2.6, the emission of substances subject to
a minimisation requirement as produced in the weighing or mixing of rubber
compounds or in the processing of rubber or thermoplastics, shall not exceed
0.05 milligrams per normalised cubic metre if the mass flow rate of the
substances subject to a minimisation requirement exceeds 0.15 grams per hour.
3. Substances as referred to in the second paragraph shall be designated by
ministerial regulation.
4. In the weighing or mixing of rubber compounds and in the processing of
rubber, thermoplastics or polyester resins, the requirements imposed by
ministerial regulation for the prevention, or reduction where prevention is not
possible, of diffuse emissions and for an effective dispersal of emissions into the
ambient air, shall be observed.
Article 4.31c
When processing polyester resins, the requirements imposed by ministerial
regulation shall be observed in order to prevent odour pollution or reduce it to
acceptable levels where prevention is not possible.
Article 4.31d
When mixing rubber compounds or processing rubber or thermoplastics, the
relevant requirements imposed by ministerial regulation to ensure a negligible
soil risk shall be observed.
BBBB
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.
CCCC
After the heading of Section 4.5.1., a new Article shall be inserted with the
following text:
Article 4.31e
This Section shall apply to non-chipping, machining or thermal operations on or
mechanical finishing of metals.
DDDD
In Article 4.32(1) and (2) as well as Article 4.38, the phrase ‘machining and
thermal operations on and mechanical finishing of metals’ shall be replaced with:
machining or thermal operations on or mechanical finishing of metals.
EEEE
After the heading of Section 4.5.2., a new Article shall be inserted with the
following text:
Article 4.38a
This section shall apply to the welding of metals.
FFFF
Article 4.40 shall read as follows:
Article 4.40
1. Without prejudice to Articles 2.5 and 2.6, the emission concentration of
substance class S shall not exceed the following limits in welding of classes III to
VII:
a. 5 milligrams per normalised cubic metre if the mass flow of substance class S
into the air is equal to or greater than 200 grams per hour; and
b. 50 milligrams per normal cubic metre if the mass flow is less than 200 grams
per hour.
2. The classification of welding activities as referred to in the first paragraph shall
be determined by ministerial regulation.
3. The first paragraph shall not apply if the welding takes place outdoors pursuant
to Articles 4.39(2) or 4.86.
GGGG
After the heading of Section 4.5.3., a new Article shall be inserted with the
following text:
Article 4.43a
This section shall apply to the soldering of metals.
HHHH
After the heading of Section 4.5.4., a new Article shall be inserted with the
following text:
Article 4.48a
This section shall apply to the blasting of metals.
IIII
The heading of Section 4.5.5. shall read as follows:
Section 4.5.5. Cleaning, gluing or coating of metals.
JJJJ
Article 4.52 shall read as follows:
Article 4.52
1. This section shall apply to the cleaning, gluing, or coating of metals.
2. In this section, cleaning metals shall not be deemed to include washing motor
vehicles or body parts thereof as referred to in Section 3.3.2., nor spraying
pleasure craft as referred to in Section 4.6.6.
KKKK
After Article 4.54, an Article shall be inserted with the following text:
Article 4.54a
1. Cleaning by burning of lead, insulated cables, oil-cooled transformers, and
metal surfaces contaminated are with polyvinyl chloride or other halogen
compounds, shall be prohibited.
2. Before metals are cleaned by burning, they shall be cleared of materials that
can reasonably be removed using methods other than burning.
3. When cleaning metals by burning, the emission concentrations of:
a. substance class S shall not exceed 25 milligrams per normalised cubic metre;
b. gaseous inorganic chlorides shall not exceed 20 milligrams per normalised
cubic metre, or
c. total hydrocarbons shall not exceed 50 milligrams per normalised cubic metre.
4. It shall be prohibited to discharge into the wastewater sewer any wastewater
originating from the treatment of emissions produced in cleaning by burning.
LLLL
After the heading of Section 4.5.6., a new Article shall be inserted with the
following text:
Article 4.56a
This section shall apply to the application of inorganic coatings to metals.
MMMM
The heading of section 4.5.7. shall read as follows:
Section 4.5.7. Staining or etching metals.
NNNN
After the heading of Section 4.5.7., a new Article shall be inserted with the
following text:
Article 4.59a
This section shall apply to the staining or etching of metals.
OOOO
In Article 4.60(1), preamble, the phrase ‘staining and etching of metals and
metal objects’ shall be replaced with: staining or etching of metals or metal
objects.
PPPP
In Article 4.60(2) and Article 4.61, the phrase ‘staining and etching of metals’
shall be replaced with: staining or etching of metals.
QQQQ
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.
RRRR
After the heading of Section 4.5.8., a new Article shall be inserted with the
following text:
Article 4.61a
This section shall apply to the electrolytic or current-less application of metal
coats to metals.
SSSS
In Article 4.62(1), preamble and (2), and in Article 4.63, the phrase ‘electrolytic
and current-less’ shall be replaced with: electrolytic or current-less.
TTTT
After the heading of Section 4.5.9., a new Article shall be inserted with the
following text:
Article 4.63a
This section shall apply to the drying of metals.
UUUU
After the heading of Section 4.5.10., a new Article shall be inserted with the
following text:
Article 4.64a
This section shall apply to the application of conversion layers to metals.
VVVV
After the heading of Section 4.5.11., a new Article shall be inserted with the
following text:
Article 4.67a
This section shall apply to the thermal application of metal coats to metals.
WWWW
After the heading of Section 4.5.12., a new Article shall be inserted with the
following text:
Article 4.69a
This section shall apply to activities as referred to in Sections 4.5.1. to 4.5.11.
XXXX
In the headings of Sub-chapter 4.5a and of Sections 4.5a.1, 4.5a.2, and 4.5a.3,
as well as in Articles 4.74a, 4.74b, preamble, 4.74c, (1), (2), and (5), 4.74d,
4.74e, 4.74f, preamble, 4.74g, preamble, 4.74h, each occurrence of the phrase
‘natural stone or brick’ shall be replaced with ‘stone’.
YYYY
After the heading of Section 4.5a.1, a new Article shall be inserted with the
following text, renumbering Article 4.74a to 4.74aa:
Article 4.74a
This section shall apply to mechanical operations on rock.
ZZZZ
Article 4.74aa (new) shall read as follows:
Article 4.74aa
1. It shall be prohibited carry out mechanical operations on stone outdoors.
2. The first paragraph shall not apply:
a. if the mechanical processing cannot be done in the indoor part of the facility in
view of the size of the object to be processed, or
b. to the crushing of stony material as referred to in Section 4.5a.6.
AAAAA
Article 4.74c shall be amended as follows:
1. In the third paragraph, the following shall be inserted after each occurrence
of the word ‘natural stone’: or concrete.
2. In the fourth paragraph, the phrase ‘50 milligrams’ shall be replaced with:
100 milligrams.
BBBBB
The heading of Section 4.5a.2 shall read as follows:
Section 4.5a.2. Application of glues, resins, or coatings to stone.
CCCCC
After the heading of Section 4.5a.2., a new Article shall be inserted with the
following text:
Article 4.74da
This section shall apply to the application of glues, resins, or coatings to stone.
DDDDD
Article 4.74e shall read as follows:
Article 4.74e
1. It shall be prohibited to apply glues, resins, or coatings containing volatile
organic compounds on stone outdoors using a sprayer.
2. The first paragraph shall not apply if this activity cannot be done in the indoor
part of the facility in view of the size of the object to be processed.
EEEEE
In Article 4.74f, preamble, and Article 4.74g, preamble, the phrase ‘resins and
coatings’ shall be replaced with: resins or coatings.
FFFFF
After the heading of Section 4.5a0.3., a new Article shall be inserted with the
following text:
Article 4.74ga
This section shall apply to chemical operations on stone.
GGGGG
After Article 4.74h, three sections shall be inserted in Sub-chapter 4.5a, with
the following text:
Section 4.5a.4. Production of concrete mortar
Article 4.74i
This section shall apply to the production of concrete mortar.
Article 4.74j
1. Dosage and mixing of goods in drift class S1 for the production of concrete
mortar shall be done in enclosed areas or within a closed system.
2. Without prejudice to Articles 2.5 and 2.6, the emission concentration of
substance class S shall not exceed the following limits in dosage and mixing of
goods as referred to in the first paragraph:
a. 5 milligrams per normalised cubic metre if the mass flow of substance class S
into the air is equal to or greater than 200 grams per hour; and
b. 50 milligrams per normalised cubic metre if the mass flow of substance class S
is less than 200 grams per hour.
3. In dosage and mixing for the production of concrete mortar, the requirements
imposed by ministerial regulation for the prevention, or reduction where
prevention is not possible, of diffuse emissions and for an effective dispersal of
emissions into the ambient air, shall be observed.
Article 4.74k
1. Discharges of wastewater originating from the cleaning of installation parts
contaminated with concrete shall be permitted only if at least the requirements
imposed by and pursuant to the second to fifth paragraphs are observed.
2. In discharges into a designated surface water body or into a facility for the
collection and transport of wastewater, other than a wastewater sewer:
a. the proportion of undissolved substances shall not exceed 100 milligrams per
litre in any sample, or
b. the chemical oxygen use shall not exceed 200 milligrams per litre in any
sample.
3. When discharging into a wastewater sewer, the proportion of undissolved
substances shall not exceed 300 milligrams per litre.
4. Notwithstanding the third paragraph, the competent authority may issue a
specific requirement setting lower limits for undissolved substances if needed to
protect the environment.
5. The wastewater to be discharged may be sampled using any appropriate
method.
Article 4.74l
1. This Article shall apply to the mixing of waste to produce concrete mortar
subject to the Soil Quality Decree [Besluit bodemkwaliteit].
2. Without prejudice to Article 2.12, the quality requirements of Chapter 3 of the
Soil Quality Decree shall apply to each of the individual waste components used
to produce concrete mortar.
3. Without prejudice to Article 2.12, the competent authority may determine, the
second paragraph notwithstanding, that waste components that do not
individually meet the requirements of the Soil Quality Decree, may still be used to
produce concrete mortar, provided that:
a. utilisation of the relevant waste component is permitted, or
b. the use of the waste component contributes to the physical or structural
properties of the construction material, thereby saving on the use of primary raw
materials.
Section 4.5a.5. Forming concrete products
Article 4.74m
This section shall apply to the forming of concrete products.
Article 4.74n
1. Discharges of wastewater originating from scalding concrete shall be permitted
only if at least the requirements imposed by and pursuant to the second to fifth
paragraphs are observed.
2. When discharging wastewater into a designated surface water body:
a. the proportion of undissolved substances shall not exceed 100 milligrams per
litre in any sample, or
b. the chemical oxygen use shall not exceed 200 milligrams per litre in any
sample.
3. Notwithstanding the second paragraph, the competent authority may issue a
specific requirement setting lower limits for undissolved substances if needed to
protect the environment.
4. When discharging into a wastewater sewer, no sample taken from the waste
water shall contain more than 300 milligrams of undissolved substances per litre.
5. The wastewater to be discharged may be sampled using any appropriate
method.
Article 4.74o
1. When applying stripping agents to formwork, the requirements imposed by
ministerial regulation to reduce the emission of volatile organic compounds shall
be observed unless they are not cost-effective or not technically feasible.
2. The first paragraph shall not apply if the total quantity of volatile organic
compounds used in the activity as referred to in the first paragraph is less than
1,000 kilograms per year.
Article 4.74p
When applying stripping agents to formwork and when scalding concrete, the
requirements imposed by ministerial regulation in order to achieve a negligible
soil risk shall be observed.
Section 4.5a.6. Crushing stony materials
Article 4.74q
This section shall apply to crushing stony materials.
Article 4.74r
When crushing stony materials outdoors:
a. dispersal of dust that is visible to the naked eye from a distance of more than
2 metres from the source shall be prevented where possible;
b. contamination of the environment shall be prevented as far as possible;
c. stony materials shall be prevented from entering surface water bodies where
possible, and
d. stony materials shall be prevented from entering wastewater management
facilities where possible.
Article 4.74s
1. Without prejudice to Articles 2.5 and 2.6, the emission concentration of
substance class S shall not exceed the following limits when crushing stony
materials indoors:
a. 5 milligrams per normalised cubic metre if the mass flow of substance class S
into the air is equal to or greater than 200 grams per hour; and
b. 50 milligrams per normalised cubic metre if the mass flow of substance class S
is less than 200 grams per hour.
2. When crushing stony materials indoors, the requirements imposed by
ministerial regulation for the prevention, or reduction where prevention is not
possible, of diffuse emissions and for an effective dispersal of emissions into the
ambient air, shall be observed.
HHHHH
After the heading of Section 4.6.1., a new Article shall be inserted with the
following text:
Article 4.74t
This Section shall apply to activities as referred to in Sections 4.6.3., 4.6.5, and
4.6.6.
IIIII
In Article 4.75(2), Table 4.75, the phrase ‘PAHs (sum of naphthalene,
anthracene, fluoranthene, benzo(g, h, i)perylene, benzo(a)pyrene,
benzo(b)fluoranthene, benzo(k)fluoranthene and indeno(1, 2, 3-cd)pyrene)’ shall
be replaced with: PAHs.
JJJJJ
Section 4.6.2. shall be deleted.
KKKKK
After the heading of Section 4.6.3., a new Article shall be inserted with the
following text:
Article 4.76
This section shall apply to deliveries of liquid fuels to vessels.
LLLLL
The heading of Section 4.6.4. shall read as follows:
Section 4.6.4. Deliveries of liquid fuel or compressed natural gas other than to
road motor vehicles, vessels or railway vehicles.
MMMMM
In Articles 4.80, 4.82(1), and 4.83, preamble, each occurrence of the phrase
‘road motor vehicles and vessels’ shall be replaced with: road motor vehicles,
vessels, or railway vehicles.
NNNNN
The heading of Section 4.6.5. shall read as follows:
Section 4.6.5. Maintenance or repair of engines, motor vehicles, railway
vehicles or other motorised equipment or test runs of combustion engines.
OOOOO
After the heading of Section 4.6.5., a new Article shall be inserted with the
following text:
Article 4.83a
This Section shall apply to the maintenance or repair of engines, motor
vehicles, railway vehicles or other motorised equipment and to test runs of
combustion engines.
PPPPP
In Article 4.84(4), the following shall be inserted after the phrase ‘motor
vehicles’:, railway vehicles.
QQQQQ
The heading of Section 4.6.6. shall read as follows:
Section 4.6.6. Maintenance, repair, or spraying of pleasure craft.
RRRRR
After the heading of Section 4.6.6., a new Article shall be inserted with the
following text:
Article 4.85a
This section shall apply to the maintenance, repair, and spraying of pleasure
craft.
SSSSS
Article 4.86 shall be amended as follows:
1. In the first paragraph, ‘maintenance and repair of pleasure craft by third
parties at a marina’ shall be replaced with: non-professional maintenance and
repair of pleasure craft carried out outdoors at a marina.
2. In the second paragraph, the phrase ‘paint spraying of pleasure craft by third
parties at a marina’ shall be replaced with: non-professional paint spraying at a
marina.
TTTTT
In Article 4.87, the phrase ‘where third parties are offered the opportunity to
maintain, repair, or spray pleasure craft’ shall be replaced with: offering space for
non-professional maintenance, repair, or spraying of pleasure craft.
UUUUU
In Article 4.88, the phrase ‘repair and spraying’ shall be replaced with: repair or
spraying.
VVVVV
The heading of Sub-chapter 4.7. shall read as follows:
Section 4.7. Activities related to printing processes.
WWWWW
The heading of Section 4.7.1. shall read as follows:
Section 4.7.1. Developing or printing of photographic material.
XXXXX
After the heading of Section 4.7.1., a new Article shall be inserted with the
following text:
Article 4.88a
This section shall apply to developing and printing photographic material.
YYYYY
In Article 4.89(1), (2), and (4), the phrase ‘developing and printing’ shall be
replaced with: developing or printing.
ZZZZZ
After the heading of Section 4.7.2., a new Article shall be inserted with the
following text:
Article 4.89a
This section shall apply to screen printing.
AAAAAA
Article 4.90(2) and (3) and the reference “1.” before the first paragraph shall be
deleted.
BBBBBB
After the heading of Section 4.7.3., a new Article shall be inserted with the
following text:
Article 4.93a
This section shall apply to printing on sheet-fed offset.
CCCCCC
In Sub-chapter 4.7., two sections shall be inserted after Article 4.94d with the
following text, renumbering Sections 4.7.3a. to 4.7.4c. as Sections 4.7a.1. to
4.7a.5.:
Section 4.7.3a. Web-fed offset printing
Article 4.94da
This section shall apply to printing using the web-fed offset technology.
Article 4.94db
In heatset web-fed offset printing, if the limits as referred to in Table 2.28a of
Sub-chapter 2.11 are exceeded, that Sub-chapter shall apply.
Article 4.94dc
1. In discharges into the wastewater sewer of wastewater originating from:
a. the use of web-fed offset printing;
b. cleaning the equipment used, or
c. plate production, not including photographic processes,
at least the requirements of the second to fourth paragraphs shall be met.
2. The wastewater originating from the cleaning of rubber blankets and printing
plates in web-fed offset printing shall contain no more than 200 milligrams of oil
per litre, in any sample, prior to being mixed with other wastewater.
3. The wastewater to be discharged may be sampled using any effective means.
4. The wastewater to be discharged must not contain substances which - based
on the BAM information document on assessing substances and preparations for
the implementation of the water emission policy as designated pursuant to Article
5.4(2) of the Living Environment Law Decree (“Assessing substances and
preparations” of the Integrated Water Management Committee [Commissie
Integraal Waterbeheer, CIW] (4 2000-05)), deemed equivalent to substances
subject to a Class A decontamination effort requirement.
Article 4.94dd
1. When producing printing plates for web-fed offset printing, no etching or
correction fluids containing chromium salt shall be used.
2. When developing and curing transfer layers for web-fed offset printing, no
chromium-containing solutions shall be used.
Article 4.94de
In web-fed offset printing:
a. in order to prevent diffuse emissions, or reduce them as far as possible where
prevention is not possible;
b. in order to prevent odour pollution, or reduce it as far as possible where
prevention is not possible; and
c. in order to achieve a negligible soil risk;
any requirements imposed by ministerial regulation shall be observed.
Section 4.7.3b. Flexography or intaglio
Article 4.94df
This section shall apply to printing using the flexography or intaglio printing
technologies.
Article 4.94dg
In flexography or intaglio printing, if the limits as referred to in Table 2.28a of
Sub-chapter 2.11 are exceeded, that Sub-chapter shall apply.
Article 4.94dh
1. In discharges into the wastewater sewer of wastewater originating from
flexography or intaglio printing where water-based inks are used, account shall
be taken of the available environmental information on the substances that may
end up in the wastewater.
2. The wastewater to be discharged must not contain substances which — based
on the BAM information document on assessing substances and preparations for
the implementation of the water emission policy as designated pursuant to Article
5.4(2) of the Living Environment Law Decree (“Assessing substances and
preparations” of the Integrated Water Management Committee [Commissie
Integraal Waterbeheer, CIW] (4 2000-05)), deemed equivalent to substances
subject to a Class A decontamination effort requirement.
Article 4.94di
In flexography or intaglio printing:
a. in order to prevent diffuse emissions, or reduce them as far as possible where
prevention is not possible;
b. in order to prevent odour pollution, or reduce it as far as possible where
prevention is not possible; and
c. in order to achieve a negligible soil risk; or
d. 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;
any requirements imposed by ministerial regulation shall be observed.
DDDDDD
After Article 4.94di, a Sub-chapter heading shall be inserted with the following
text:
Sub-chapter 4.7a. Activities related to paper, cardboard, or textiles.
EEEEEE
The heading of section 4.7a.1 (new) shall read as follows:
Section 4.7a.1. Processing, gluing, coating, or laminating paper or cardboard.
FFFFFF
After the heading of Section 4.7a.1. (new), a new Article shall be inserted with
the following text:
Article 4.94dj
This section shall apply to the processing, gluing, coating, or laminating of
paper or cardboard.
GGGGGG
in Articles 4.94e(1), and 4.94f, preamble, the phrase ‘coating and laminating’
shall be replaced with: coating or laminating.
HHHHHH
in Article 4.94g(1), (2), and (3), the phrase ‘paper, cardboard and paper and
cardboard products’ shall be replaced with: paper, cardboard or paper or
cardboard products.
IIIIII
The heading of Section 4.7a.2 (new) shall read as follows:
Section 4.7a.2. Cleaning or washing textiles.
JJJJJJ
After the heading of Section 4.7a0.2. (new), a new Article shall be inserted with
the following text:
Article 4.94ga
This section shall apply to the cleaning or washing of textiles.
KKKKKK
In Articles 4.96(1) and (3), 4.102(1), and 4.103, the phrase ‘cleaning and
washing’ shall be replaced with: cleaning or washing.
LLLLLL
The heading of Section 4.7a0.3 (new) shall read as follows:
Section 4.7a.3. Mechanical operations on or processing of textiles.
MMMMMM
After the heading of Section 4.7a.3 (new), a new Article shall be inserted with
the following text, renumbering Article 4.103a to become Article 4.103aa:
Article 4 103a
This section shall apply to mechanical operations on or processing of textiles.
NNNNNN
After the heading of Section 4.7a0.4. (new), a new Article shall be inserted with
the following text:
Article 4.103bb
This section shall apply to the welding of textiles.
OOOOOO
The heading of Section 4.7a0.5 (new) shall read as follows:
Section 4.7a.5. Gluing or coating textiles.
PPPPPP
After the heading of Section 4.7a0.5. (new), a new Article shall be inserted with
the following text:
Article 4.103ca
This section shall apply to the gluing or coating of textiles.
QQQQQQ
in Articles 4.103e, and 4.103f, preamble, the phrase ‘gluing and coating’ shall
be replaced with: gluing or coating.
RRRRRR
In Section 4.8.1., a new Article shall be inserted after Article 4.104d, with the
following text:
Section 4.104e
1. Discharges of wastewater originating from cleaning the interior of a transport
vehicle that has been used to transport concrete mortar, shall be permitted only
if at least the requirements imposed by and pursuant to the second to fifth
paragraphs are observed.
2. In discharges into a designated surface water body or into a facility for the
collection and transport of wastewater, other than a wastewater sewer:
a. the proportion of undissolved substances shall not exceed 100 milligrams per
litre in any sample, or
b. the chemical oxygen use shall not exceed 200 milligrams per litre in any
sample.
3. When discharging into a wastewater sewer, the proportion of undissolved
substances shall not exceed 300 milligrams per litre.
4. Notwithstanding the third paragraph, the competent authority may issue a
specific requirement setting lower limits for undissolved substances if needed to
protect the environment.
5. The wastewater to be discharged may be sampled using any effective means.
SSSSSS
Sections 4.8.2. to 4.8.5a. shall be deleted.
TTTTTT
After the heading of Section 4.8.6., a new Article shall be inserted with the
following text:
Article 4.113
This section shall apply to operating a battery charger.
UUUUUU
Sections 4.8.7. and 4.8.8. shall be deleted.
VVVVVV
The heading of Section 4.8.9. shall read as follows:
Section 4.8.9. Operating a crematorium or using a garden of rest.
WWWWWW
After the heading of Section 4.8.9., a new Article shall be inserted with the
following text:
Article 4.116
This Section shall apply to operating a crematorium or using a garden of rest.
XXXXXX
After the heading of Chapter 5, a new section shall be inserted with the
following text:
Section 5.0. Scope of Chapter 5
Article 5
This Chapter shall apply to any person who operates a Type C facility containing
an installation as referred to in Chapter III, IV, or VI or in Annex I to Directive No
2010/75/EU of the European Parliament and the Council of 24 November 2010 on
industrial emissions (integrated pollution prevention and control) (recast) (OJ
(EU) L 334).
YYYYYY
In Article 5.25, the phrase ‘and the Emission Requirements (Medium-Sized
Combustion Plants) Decree [Besluit emissie-eisen middelgrote stookinstallaties]’
shall be replaced with: and pursuant to Section 3.2.1. or 6.9.
ZZZZZZ
After the heading of Chapter 6, a new section shall be inserted with the
following text:
Section 6.0. Scope of Chapter 6
Article 6
This Section shall apply to any person operating a Type A facility, a Type B
facility, or a Type C facility.
AAAAAAA
Articles 6.1 to 6.5, 6.10, and 6.17 shall be amended as follows:
1. Each occurrence of the phrase ‘Article 1.4(1), (2), or (3), to’ shall be
replaced with: this Decree or part thereof, to an activity in.
2. Each occurrence of the phrase ‘Article 1.4(1) or (2), to’ shall be replaced
with: this Decree or part thereof, to an activity in.
3. Each occurrence of the phrase ‘Article 1.4(3)’ shall be replaced with: this
Decree or part thereof.
4. Each occurrence of the phrase 'Article 1.4’ shall be replaced with: this Decree
or part thereof.
5. Each occurrence of the phrase ‘Article 1.4(1), (2), or (3), for’ shall be
replaced with: this Decree or part thereof, to an activity in.
6. Each occurrence of the phrase ‘Article 1.4(2) or (3), to’ shall be replaced
with: this Decree or part thereof, to an activity in.
7. The phrase ‘Article 1.4(2), to’ shall be replaced with: this Decree or part
thereof, to an activity in.
BBBBBBB
Article 6.7 and Sections 6.2, 6.13b, 6.14, 6.17, 6.23a, 6.23b, 6.24, 6.25, 6.26,
and 6.27, shall be deleted.
CCCCCCC
Article 6.10 shall be amended as follows:
1. In the third paragraph sub a, the phrase ‘the risk-reducing soil survey’ shall
be replaced with: the monitoring system.
2. In the fifth paragraph, the phrase ‘with risk-reducing soil survey' shall be
replaced with: by means of a monitoring system.
3. The sixth paragraph shall read as follows:
6. The monitoring system as referred to in the third and fifth paragraphs shall
comply with Annex 3 to Part 3 of the NRB, and shall be implemented by a person
or agency possessing appropriate accreditation pursuant to the Soil Quality
Decree [Besluit bodemkwaliteit].
DDDDDDD
In Article 6.17(2), preamble, the phrase ‘Articles 3.25(3), 3.34(8), 3.44(3),
4.71(2), 4.75(4), and 4.105(3)’ shall be replaced with: Articles 3.26c(3),
3.26h(3), 3.34(8), 3.44(3), 4.71(2), and 4.75(4).
EEEEEEE
Section 6.9 shall read as follows:
Section 6.9. Transitional provisions on operating a combustion plant other than
a large combustion plant
Article 6.20
1.
Notwithstanding Articles 3.10, 3.10d, 3.10e, and 3.10f, the exhaust gas
emanating from a combustion plant installed or taken into operation prior to 1
April 2010 shall, until the date as referred to in the second or third paragraph,
comply with the emission limits as they were in force for such a plant on 31
March 2010 under the Environmental Management B (Emission Requirements for
Combustion Plants) Decree [Besluit emissie-eisen stookinstallaties milieubeheer
B], or the Environmental Management A (Emission Requirements for Combustion
Plants) Decree, or with different emission limits as they were in force for such a
combustion plant under a living environment permit issued for it.
2.
The exhaust gas in a combustion plant as referred to in the first
paragraph shall comply with the emission limits as referred to in Article 3.10,
3.10d, 3.10e, or 3.10f with effect from 1 January 2017.
3.
Notwithstanding the second paragraph, the exhaust gas in a combustion
plant as referred to in the first paragraph, to the extent that it is located within
the Dutch exclusive economic zone or is part of a facility where carbon dioxide
(CO2) originating from another facility is used for fertilising crops as a fuel-saving
measure, shall comply with the emission limits as referred to in Article 3.10,
3.10d, 3.10e, or 3.10f with effect from 1 January 2019.
4.
The first to third paragraphs shall not apply to exhaust gas from a boiler
system with a rated power less than 1 Megawatt.
Article 6.20a
1.
Notwithstanding Articles 3.10a and 3.10b, the exhaust gas emanating
from a boiler system with a rated power less than 1 Megawatt that was installed
or taken into operation prior to 1 January 2013 shall, until the second paragraph
comes into effect, comply with the emission limits as they were in force,
immediately prior to the entry into force for such a plant of this Article, under the
Heater Type Approvals (Air Pollution by Nitrogen Oxides) Decree [Besluit
typekeuring verwarmingstoestellen luchtverontreiniging stikstofoxiden], or with
different emission limits as they were in force for such a combustion plant under
a living environment permit issued for it.
2.
The exhaust gas from a boiler system as referred to in the first paragraph
shall comply with the emission limits as referred to in Article 3.10a or 3.10b from
such time as:
a.
the burners are replaced;
b.
changes are made which are equivalent to building a new boiler system,
or
c.
a change is made which leads to an increase of more than 10 per cent in
the emissions of the substances as referred to in Article 3.10a or 3.10b.
Article 6.20b
In a combustion plant as referred to in Article 6.20(1) or (2), or Article 6.20a(1),
if a change occurs to the rated power before 1 January 2017, respectively before
1 January 2019, which leads to an increase of more than 10 per cent in the
emissions of the substances as referred to in this Section, then such change shall
be made in such a manner that the emission limits as referred to in Articles 3.10,
3.10a, 3.10b, 3.10d, 3.10e, or 3.10f are still complied with.
Article 6.20b
Article 3.10c shall apply accordingly to operating a combustion plant as referred
to in Article 6.20(1) or (3), or Article 6.20a(1).
Article 6.20d
Notwithstanding Article 3.10l, first paragraph, a cogeneration installation that has
been taken into operation before 1 January 2008 shall have a average annual
yield of at least 60 %, calculated according to the formula as referred to in that
paragraph.
FFFFFFF
A section shall be inserted after Article 6.21b, with the following text:
Section 6.10b Transitional provisions on operating a cooling system
Article 6.21c
Article 3.16d(7) shall not apply to cooling systems in skating rinks installed
before 1 January 2010.
GGGGGGG
Section 6.12 shall read as follows:
Section 6.12. Transitional provisions on disassembly of end-of-life vehicles and
associated activities
Article 6.23
1. With respect to Type C facilities, requirements associated with a living
environment permit issued pursuant to Article 2.1(1), preamble and under (e), of
the Living Environment Law (General Provisions) Act, shall be deemed equivalent
to specific requirements for a period of three years from the entry into force of
Article 3.41, provided that the requirements of the permit are within the scope of
competence of the authority imposing the specific requirements for the activities
as referred to in Section 3.3.7.
2. The requirements of a living environment permit pursuant to Article 2.1(1),
preamble and under (e), of the Living Environment Law (General Provisions) Act,
for a Type C facility with respect to the activities as referred to in Section 3.3.7 as
they were in force immediately prior to the entry into force of Article 3.41, which
do not fall within the scope of competence of the authority imposing the specific
requirements, shall be deemed equivalent to specific requirements for a period of
six months only in the case that Section 3.3.7 of the Decree imposes more
stringent requirements.
HHHHHHH
Four sections shall be inserted after Article 6.24t, with the following text:
Section 6.13i. Transitional provisions on storage of organic solvents in
underground storage tanks
Article 6.24u
Until 1 January 2016, Article 3.30a shall not apply to storage tanks installed
before the date of entry into force of that Article.
Section 6.13j. Transitional provisions on preparation of foodstuffs
Article 6.24v
1. Article 3.131(4) shall not apply if a soakage pit and grease separator have
been installed before 1 January 2008 which comply with and are used in
accordance with NEN 7087.
2. If a facility was, before 1 January 2008, subject to a decision as referred to in
Article 6.43, and the wastewater originating from the production or preparation of
foodstuffs in such a facility was being discharged without previous treatment in a
grease separator and soakage pit compliant with NEN-EN-1825-1 and 2 or NEN
7087, then such a discharge shall be subject to an exemption, which exemption
shall be deemed equivalent to a specific requirement as referred to Article
3.131(5).
Section 6.13k. Transitional provisions on slaughtering animals, butchering meat
or fish and processing animal by-products
Article 6.24w
1. Article 3.134, paragraphs (3) and (4), shall not apply to soakage pits and
grease separators compliant with and used in accordance with NEN 7087, that
were installed in a facility prior to the time when those paragraphs would become
applicable such a facility.
2. Article 3.134, paragraphs (3) and (4), shall also not apply to flocculation
separators installed within a facility prior to the time when those paragraphs
would become applicable to such a facility.
Section 6.13l Transitional provisions on dentistry
Article 6.24x
Until 1 January 2011, Article 3.152 shall not apply to wastewater originating from
dental procedures that is passed through an amalgam separator installed prior to
the entry into force of that Article, provided that the maximum flow as specified
by the supplier is not exceeded.
IIIIIII
Article 6.25a shall read as follows:
Article 6.25a
Article 4.5b shall not apply to storage tanks installed before the date of entry
into force of that Article.
JJJJJJJ
A section shall be inserted after Article 6.33, with the following text
renumbering Section 6.22a to become 6.22b and Article 6.33a to become 6.33b:
Section 6.22a. Transitional provisions on forming concrete products
Article 6.33a
For facilities as referred to in Category 11.3, sub c, under 2o and 3o, of Annex I
to the Living Environment Law Decree, for which a permit pursuant to Article
2.1(1), preamble and under (e), of the Living Environment Law (General
Provisions) Act was in effect and final immediately prior to the entry into force of
section 4.5a.5, the requirements of such a permit shall — notwithstanding Article
6.1(1) — be deemed equivalent to specific requirements for an indefinite period
of time, provided that the requirements of the permit are within the scope of
competence of the authority to impose specific requirements pursuant to Article
2.20.
KKKKKKK
The heading of Section 6.23 shall read as follows:
Section 6.23. Transitional provisions on deliveries of liquid fuel or compressed
natural gas other than to road motor vehicles, vessels or railway vehicles.
LLLLLLL
In Article 6.43, the following phrases shall be inserted at their appropriate place
in the alphabetical listing: ‘Heater Type Approvals (Air Pollution by Nitrogen
Oxides) Decree [Besluit typekeuring verwarmingstoestellen luchtverontreiniging
stikstofoxiden]’ and
‘Environmental Management (Emission Requirements for Medium-sized
Combustion plants) Decree [Besluit emissie-eisen middelgrote stookinstallaties
milieubeheer]’.
ARTICLE II
The Living Environment Law Decree [Besluit omgevingsrecht] shall be amended
as follows:
A
Article 2.2a shall be amended as follows:
1. In the first paragraph, sub a, the expression “and 32.7” shall be replaced
with: 32.7, 32.8, 35, 36, 37.1, 37.2, 38.1, 38.2, and 38.3.
2. Replacing the full stop at the end of sub 2 in Part e, a part shall be added to
the second paragraph, with the following text:
f. mixing waste for the production of concrete mortar or concrete products
within a facility as referred to in Category 11.1, sub b, of Part C of Annex I.
3. The third paragraph shall be amended as follows:
a. Before the phrase ‘establishing, changing, changing the operation, or
operating facilities as referred to in Category 27.3 of Part C of Annex I’, the letter
“a.” shall be inserted.
b. Replacing the full stop at the end of Part a (new) with a semicolon, a part
shall be added to the third paragraph, with the following text:
b. establishing, changing, changing the operation or operating a facility as
referred to in Category 11.3, sub c, under 2o and 3o, of Part C of Annex I.
4. The fifth paragraph shall be amended as follows:
a. The phrase ‘shall also be designated’ shall read as follows: shall also be
designated:.
b. Before the text ‘establishing, changing or extending a facility for the keeping
in housing systems of:’ the letter “a.” shall be inserted.
c. Replacing the full stop at the end of Part a (new) sub 4° with a semicolon, a
part shall be added to the fifth paragraph, with the following text:
b. The production of concrete mortar and the associated storage and
transhipment of gravel, sand, cement and filler, the production and processing of
concrete products using presses, vibrating tables or formwork vibrators with an
associated capacity of 100 000 kg per day or more, and the crushing of residual
products for purposes of the production of concrete mortar.
5. A paragraph shall be added with the following text:
6. The following shall also be designated as categories of activities as referred
to in Article 2.1(1)(i) of the Act, to the extent that they occur within a facility as
referred to in Article 1.1(3) of the Environmental Management Act: the
processing of polyester resins.
B
Article 5.13b shall be amended as follows:
1. In the second paragraph, the phrase ‘Article 2.2a(2), sub a to e’ shall be
replaced with: Article 2.2a(2), sub a to f.
2. In the fourth paragraph, the phrase ‘Article 2.2a(1)(b), and (2), sub c to e’
shall be replaced with: Article 2.2a(1)(b), and (2), sub c to f.
3. A paragraph shall be added with the following text:
7. A living environment permit for the activity categories as referred to in
Article 2.2a(7) shall be denied if the activity produces unacceptable levels of
odour pollution.
C
In Article 6.19, the phrase ‘Article 2.2a(1)(a) to i, and (2), sub a and b’ shall be
replaced with: Article 2.2a(1)(a) to (i), (2) sub a and b, and (5)(b).
D
The following concepts and associated definitions shall be inserted at their
appropriate place in the alphabetical listing in Annex I, Part A:
biomass:
- products consisting of vegetable agricultural or forestry material that can be
used as fuel in order to utilise its energy content;
- the following waste components:
1º. vegetable waste from agriculture or forestry;
2º. vegetable waste from the food industry if the produced heat is recovered;
3º. fibrous vegetable waste originating from the production of raw pulp and of
paper from pulp, if it is co-combusted at the place of production and the produced
heat is recovered;
4º. cork waste, and
5º. wood waste, not including wood waste that may contain halogenated organic
compounds or heavy metals due to treatment with wood preservatives or
application of a protective layer;
above-ground storage tank: storage tank, other than an underground storage
tank or a cargo tank of a bunker station;
temporary storage: storage of packaged hazardous substances or CMR
substances intended for third parties which are kept outside a storage facility for
packaged hazardous substances or CMR substances immediately before or after
transport;.
E
In Annex I, Part B, paragraph (1)(b), the phrase ‘and 32.7’ shall be replaced
with: 32.7, 32.8, 35, 36, 37.1, 37.2, 38.1, 38.2, and 38.3.
F
Annex I, Part C, shall be amended as follows:
1. Category 1.4 shall read as follows:
1.4. The following shall be designated as categories of facilities subject to a
permit requirement as referred to in Article 2.1(2):
a. where one or more combustion systems are present with a rated power
exceeding 20 kilowatts, which use a fuel other than:
- natural gas;
- propane;
- butane;
- liquid fuels, which in the case of bio-diesel must comply with NEN-EN 14214;
- biomass, if the combustion takes place in a combustion system with a thermal
power of less than 15 Megawatts;
- wood pellets, not being biomass, provided that the combustion takes place in a
combustion system with a thermal power of less than 15 Megawatts, or
- biogas;
b. for the testing of combustion engines where there are facilities or installations
for curbing a total engine power of 1 Megawatt or above;
c. where there are one or more electric motors or combustion engines with a total
installed engine power of 15 MW or above, not including wind turbines;
d. for the testing of jet engines or jet turbines;
e. where there is an animal crematorium.
2. In Category 2.7, sub n, the phrase ‘1 500 litres of ammonia’ shall be
replaced with: 1 500 kilograms of ammonia.
3. Category 4.4 shall be amended as follows:
a. Part a shall read as follows:
a. for blowing, expanding or foaming plastics with an injection gas other than
air, carbon dioxide or nitrogen;.
b. Part c shall read as follows:
c. for the storage of polyester resins and substances of ADR Class 5.1 or Class
8, packaging groups II and III, without additional hazard, in above-ground
storage tanks with a volume exceeding 10 m3;.
c. d will now read as follows:
d. for the storage of hazardous substances or CMR substances other than
propane, liquid fuels, used oil as referred to in Article 1 of the Waste Collection
Decree [Besluit inzamelen afvalstoffen], butanone, ethanol, ethyl ethanoate, 4methyl-2-pentanone, 1-propanol, 2-propanol or propanone, in underground
storage tanks, not including storage of condensate in a facility for reducing the
pressure of natural gas or for measuring quantities of natural gas;.
d. In Part f, the phrase ‘used oil as referred to in Article 1 of the Waste
Collection Decree or substances in ADR Class 5.1’ shall be replaced with: used oil,
polyester resins or substances in ADR Class 5.1.
e. Parts g to m shall be renumbered as i to o.
f. Two parts shall be inserted with the following text:
g. for packaged storage of substances in ADR Class 5.2, not including:
1˚. substances in ADR Class 5.2, Type C, D, E, or F, which do not require
temperature control under the ADR, in a quantity not exceeding 1 000 kilograms
per storage facility, and in LQ packaging;
2˚. substances in ADR Class 5.2, Type D, E, or F, which do not require
temperature control under the ADR,
in quantities not exceeding 1 000 kilograms per storage facility,
in other than LQ packaging, if the storage takes place at a facility where rubber
or plastics are processed;
3˚. substances classified in ADR Class 5.2, Type G;
h. for the storage of other packaged hazardous substances or CMR substances
than those referred to in Categories 2.7, 3.6, or 4.4, sub g, not including:
1˚. substances categorised under Class 3, 5.1, 7, or 9 of the ADR;
2˚. substances of Class 4.1, packaging group II or III, or Classes 4.2 and 4.3,
packaging group I, II, or III, of the ADR;
3˚. substances in ADR Class 6.2;
4˚. substances in ADR Class 6.1, packaging group II or III;
5˚. substances in ADR Class 6.1, packaging group I, up to 1 000 kg;
6˚. substances in ADR Class 8, packaging group I, without additional number 6.1
label, and packaging group II or III;
7˚. substances in ADR Class 8, packaging group I, with additional number 6.1
label, up to 1 000 kg;.
g. Part k (new) shall read as follows:
k. where:
1°.a storage facility for packaged hazardous substances, not being artificial
fertilisers classified in fertiliser group 1 or 2, nor CMR substances, with a storage
capacity exceeding 10 000 kg, is present, or
2°. a total quantity exceeding 10 000 kg of packaged hazardous substances or
packaged CMR substances is stored temporarily within a single fire compartment
at any time;.
4. Category 5.4, sub a, shall read as follows:
a. storage of liquid fuels, used oil, butanone, ethanol, ethyl ethanoate, 4methyl- 2-pentanone, 1-propanol, 2-propanol or propanone, in underground
storage tanks with a volume exceeding 150 cubic metres;.
5. Category 9.4 shall be amended as follows:
a. Part a shall be deleted.
b. Parts b to f shall be renumbered as a to e.
c. After Part e (new), two parts shall be added with the following text:
f. production of starch or sugar;
g. production of alcohol.
6. Category 11.4 shall be amended as follows:
a. In category 11.4, sub d, the phrase ‘and cement mortar or concrete mortar’
shall be deleted.
b. Parts e and o shall be deleted.
c. Parts f to n shall be renumbered as e to m.
d. The semicolon at the end of Part m (new) shall be replaced with a full stop.
7. In Category 12.3, Part d shall be deleted, and Part e shall be renumbered to
become Part d.
8. In Category 13.1, Part a, the item sub 2° shall be deleted, and items sub 3°
to 6° shall be renumbered to become sub 2° to 5°.
9. Category 14.1 shall read as follows:
14.1. Facilities
a. for maintenance, repair, surface treatment, inspection, cleaning, trading,
renting or test runs of railway vehicles or parts thereof,
b. where there is a railway yard.
9. Category 14.3 shall read as follows:
14.3. The following shall be designated as categories of facilities subject to a
permit requirement as referred to in Article 2.1(2) of this Decree:
a. the facilities as referred to in Category 14.1, Part a, with respect to the
maintenance, repair, surface treatment, inspection, cleaning, trading, renting or
test runs of railway vehicles intended for transport on main railways as
designated pursuant to Article 2 of the Railway Act [Spoorwegwet], or parts
thereof;
b. facilities as referred to in Category 14.1(b).
10. Category 16.4 shall be amended as follows:
a. Part d shall read as follows:
d. production of paper dust, paper or cardboard, bleaching of paper and
production of sanitary paper products;.
b. Part f shall read as follows:
f. the use of the following printing processes: intaglio illustrations or rotary
screen printing.
11. In Category 17.3, after ‘except’, the following shall be inserted: facilities
where shooting takes place, in a building without open sides and with a closed
covering, using firearms with a bore of 0.5 inch or less, or historic firearms as
referred to in Article 18(1), sub b to d of the Weapons and Ammunition
Regulation [Regeling wapens en munitie] and.
12. In Category 19.4, Part f shall be deleted, and Part g shall be renumbered to
become Part f.
13. Category 28.10 shall be amended as follows:
a. In Part 4° the word ‘compaction,’ shall be deleted, and the following shall be
inserted at the end before the semicolon: or such waste has been produced by
cleaning public areas.
b. In Part 6° the following shall be inserted after ‘vehicle tyres’: and making
them suitable for product reuse.
c. In Part 7o the word ‘, verdichten’ shall be deleted, and the following shall be
inserted after ‘grinding of metal,’: and the cleaning by burning of coils from an
electromotor,.
d. Part 12 ° shall be amended as follows:
1°. Part a(2) shall read as follows: roofing waste;
2°. In Part b, a part shall be added with the following text:
3°. waste from maintenance on waste water management facilities;
e. In Part 22o and 23o the word ‘, compacting’ shall be deleted.
f. In Part 24o the word ‘compacting,’ shall be deleted.
g. After Part 30o, three parts shall be inserted, with the following text,
renumbering Part 31° to 34°:
31o. mixing waste for the production of concrete mortar or concrete products
within a facility as referred to in Category 11.1, Sub b, of Part C of Annex I;
32o. incineration of biomass in a combustion plant with a thermal power of 15
Megawatt or less, where the produced heat is utilised and the combustion does
not hinder the reuse of the material;
33o. compaction of the waste categories as referred to under 1 to 32, within the
defined limits, provided that they do not constitute hazardous waste;.
h. In Part 34° (new) the phrase “categories as referred to under 1 to 30” shall
be replaced with: ”categories as referred to under 1 to 32”.
ARTICLE III
Article 2(2) of the Environmental Management A (Emission Requirements for
Combustion Plants) Decree shall read as follows:
2. This Decree shall not apply to combustion plants subject to any of the
following:
a. Section 5.1 of the Environmental Management Facilities (General Rules) Decree
[Besluit algemene regels voor inrichtingen milieubeheer], or
b. Section 3.2.1 of the Environmental Management Facilities (General Rules)
Decree [Besluit algemene regels inrichtingen milieubeheer].
ARTICLE IV
The Heater Type Approvals (Air Pollution by Nitrogen Oxides) Decree [Besluit
typekeuring verwarmingstoestellen luchtverontreiniging stikstofoxiden] and the
Environmental Management (Emission Requirements for Medium-sized
Combustion plants) Decree [Besluit emissie-eisen middelgrote stookinstallaties
milieubeheer] shall be repealed.
ARTICLE V
The present Decree shall enter into force on a date as determined by Royal
Decree, which may be different for individual Articles or parts thereof.
We order this Decree to be published in the Official Journal [Staatsblad] together
with its associated explanatory memorandum.
THE STATE SECRETARY FOR INFRASTRUCTURE AND THE ENVIRONMENT,
EXPLANATORY MEMORANDUM
GENERAL PART
1. Introduction
The Environmental Management Activities Decree (below: Activities Decree) sets
forth general rules for facilities. These general rules are based on Articles 8.40,
8.41, and 8.42 of the Environmental Management Act [Wet milieubeheer], Article
2.1(2) of the Living Environment Law (General Provisions) Act [Wet algemene
bepalingen omgevingsrecht]1, and Articles 6.6 and 6.7 of the Water Act
[Waterwet]2. The present decree (below: Amendment Decree) again extends the
scope of the Activities Decree.
The present Amendment Decree concerns the third sub-phase of the second
phase of the project, which brings a new set of permit-bound activities within the
scope of the Activities Decree, namely activities in the rubber and plastics
manufacturing industry, in the food industry, shooting establishments (indoor
shooting ranges and paintball establishments), the concrete industry, the printing
industry and facilities intended for activities including maintenance, repair and
cleaning 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 amendment decree also contains a number of simplifications. For instance,
some parts of Chapter 4 have been moved to Chapter 3, so that the rules for the
relevant activities will also apply to facilities requiring a permit (so-called Type C
facilities). Consequently, facilities requiring a permit will not need to apply for a
permit or permit amendment for those activities, but will need to submit only a
notification. This amendment also clarifies the boundaries between Chapters 3
Official Journal [Staatsblad] 2008, 496 (Wabo Associated Provisions Act [Invoeringswet
Wabo], Official Journal 2010, 142)
2 Official Journal 2009, 107.
1
and 4. The requirements applicable to facilities requiring a permit are now all
contained in Chapter 3, and no longer in Chapter 4.
With the present Amendment Decree, Type C facilities now include all facilities
within the scope of Directive No 2008/1/EC of the European Parliament and the
Council of the European Union of 15 January 2008 on integrated pollution
prevention and control (codified version; OJ (EC) L 24) (hereinafter the “IPPC
Directive”). This extends the scope of the requirements of Chapter 3 of the
Activities Decree to all facilities where an IPPC installation is located (hereinafter
“IPPC facilities”).
The present Amendment Decree also provides that the scope of the provisions in
terms of the facilities included has been defined for each specific Sub-chapter or
section instead of the general definition in Article 1.4.
The present Amendment Decree also contains a number of corrections of
provisions.
2. Rationale and objective
The entry into force of the Activities Decree on 1 January 2008 concludes the first
phase of the update project for the general rules. In this first phase, the previous
8.40 decrees were revised and combined, and about 37 000 facilities previously
requiring a permit under the Environmental Management Act as well as 1 300
activities previously requiring a Wvo permit have been brought within the scope
of the Activities Decree.
The decision to thoroughly update the 8.40 decrees and the discharge decrees
and to bring more facilities and discharges under general rules, was inspired by
the wish to simplify, reduce and unify the existing legislation, and to reduce the
administrative burden arising from national legislation. Based on the outcomes of
a number of studies of the operation of 8.40 decrees and discharge decrees, an
effort to create more effective and more unified rules was also proposed.
This simplification and reduction of legislation by the national government was
not a novel objective. It was a consequence of efforts such as the nationwide
Market Operation, Deregulation and Quality of Legislation process that had been
initiated under preceding Governments. In 2003, the Review and Update project
was initiated, scrutinising all legislation in the areas of housing, urban planning
and environment. The scope for simplification and rule reduction was also
assessed, and relevant proposals were made. This culminated in the intention to
thoroughly revise and combine the 8.40 decrees and to bring more types of
facilities under the 8.40 decrees: the Update of general rules. An intention was
also formulated to the replace rules for discharges into the surface water and
onto or into the soil with general rules where possible, so that companies would
have fewer permit situations to handle.
By dropping the permit requirement for large numbers of facilities, and reducing
the measurement, recording and inspection obligations, this also made a
considerable contribution to the aim of reducing the administrative burden
without increasing the cost of governance.
Another important rationale for a thorough revision and update of the 8.40
decrees concerns the experience that had been gained in practice. Studies of the
effect of the 8.40 decrees were undertaken regularly. In addition, all problem
areas that had been suggested by competent authorities and companies had been
analysed in the early stages of the 8.40 decrees update process. It had been
found that many requirements were in need of a thorough revision. Other
problem areas included the reporting requirement for minor environmentally
relevant activities, duplication of provisions in the various ministerial decrees, and
the number of provisions in the ministerial decrees, the various inspection
obligations, and the boundaries between this and other, non-environmental
legislation.
With the entry into force of the Activities Decree on 1 January 2008 as part of the
first phase of the project, these problems have been largely resolved, but at the
same time it was found that there was still scope for reductions in the
administrative burden and updates to the various provisions for some sectors that
continued to be subject to permit requirements. For that reason and others, the
second phase of the project was initiated, bringing more types of facilities under
the general rules.
3. Objectives
The following objectives had been formulated in the first phase of the project:
The general rules for environmentally relevant commercial activities will
be brought as far as possible under a single decree, namely the Activities Decree.
When adding activities, no more rules will be added than necessary. This
will be based on the provisions of the permits was and the sectoral documents.
Bringing permit-bound activities under general rules produces a reduction
of the administrative burden.
The general rules to be added serve to achieve relevant, recognisable
environmental objectives. Activities with low environmental impact will not be
regulated or only in general terms.
Bringing the activities under the general rules is done in a policy-neutral
manner, although the rules do assume the use of best available technologies.
The general rules to be added should be implementable and enforceable.
With respect to the substance of the requirements, this implies that they should
be clear and unambiguous and workable for smaller facilities as well. ICT will
support companies in gaining insight into the applicable requirements. To this
end, an Activities Decree Internet Module (AIM) has been produced.
The general requirements to be added will be unified where possible,
while leaving scope for flexibility and innovation.
-
After the entry into force of the Activities Decree on 1 January 2008, the above
targets will apply in full to the so-called second phase of the General Rules
Update. The above principles will also apply to the new sectors that will be added.
4. Reason for government action and choice of instrument
Pursuant to the Environmental Management Act [Wet milieubeheer, Wm],
establishments that could have harmful effects on the environment must either
comply with general rules that comprise environmental protection requirements
or have an environmental living environment permit (hereinafter living
environment permit) pursuant to Article 2.1(1)(e) of the Living Environment Law
(General Provisions) Act [Wet algemene bepalingen omgevingsrecht, Wabo].
General rules or a permit requirement may also apply to discharges into a surface
water body pursuant to the Water Act or to discharges into the soil in accordance
with the Soil Protection Act [Wet bodembescherming, Wbb].
It was found during the first phase of the project that it would be more logical to
set general rules for activities instead of setting more or less similar rules for
each individual industry. The 8.40 decrees often had the same rules for different
sectors. Regulating activities was a logical next step. It was also found in practice
that the activities of facilities have a central place in the supervision and
enforcement efforts of the competent authorities. Such an approach is also
natural for facilities.
For the choice of instrument, it was also relevant that general rules with their
wider scope of application allow targeted efforts towards improving
implementation and enforcement and therefore the effectiveness of
environmental protection.
As indicated above, the aim of significantly reducing the regulatory burden for
companies and the associated simplification, harmonisation of legislation and
reduction of the administrative burden for companies, was an additional reason to
use general rules instead of permits.
For a detailed explanation of the principles and approach chosen for the drafting
of the Activities Decree during the first phase of the project, please see Section 2
of the general part of the explanatory memorandum to the Activities Decree
(Official Journal [Staatsblad] 2007, 415, p.104–105).
A number of studies were undertaken of the possibility and desirability of bringing
(additional) permit-bound sectors under the scope of the Activities Decree.
A preliminary study was undertaken in 2006.
3
. This study culminated in a list of sectors that were still permit-bound after the
conclusion of the first phase. The study also indicated those sectors for which it
would be expedient to bring them under the general rules. The assessments of
whether a given sector would effectively be regulated by general rules were
mainly based on the aspects of sector homogeneity and sector size. The
relevance of the aspect of homogeneity is obvious: For a sector that is very
heterogeneous in nature, setting general rules is not a logical approach. The
aspect of sector size is directly related to the achievable reduction of the
administrative burden. The larger the group of companies that can be brought
under the general rules, the higher the achievable reduction of the administrative
burden. In addition, it is not logical to bring sectors with a limited total number of
facilities under general rules, because the effort of doing so would not be
necessary, and does not justify the gains that could be achieved by dropping the
permit requirement.
Van Vliet Milieumanagement, 2006. Rapport Onderzoek vergunningplichtige activiteiten
naar algemene regels na 2007 [Report of survey of permit-bound activities under general
rules after 2007]. Erik van Vliet Milieumanagement en Advies, November 2006.
3
Based among others on the outcomes of this preparatory study as well as ideas
from businesses and other government agencies, certain sectors were selected
that would be brought under the scope of the Activities Decree in the second
phase. In the autumn of 2007, additional studies4 were undertaken of the effort
that would be required for the selected sectors to be brought under the Activities
Decree. One of the relevant aspects was the extent to which the activities
undertaken within a sector were compatible with the Activities Decree, and
whether standard permit requirements were in place for the sector. These studies
produced insight into the required effort, the opportunities and the risks of
counter-productiveness associated with bringing the selected sectors under the
Activities Decree.
Based on the outcomes of these studies, as well as ideas from businesses and
consultations with the Inter-Provincial Consultation Board (IPO), the Association
of Dutch Municipalities (VNG), and the Water Management Boards Association
(UvW), as well as in consultation with the former Ministry of Transport and Public
Works (VenW), certain sectors were selected that would in any case be brought
under the scope of the Activities Decree as part of the second phase. The sectors
brought under general rules by the present Amendment Decree are also the
result of the aforementioned selection process. Since the selected sectors are
diverse in nature, so that they entail diverse opportunities and risks of counterproductiveness, a multi-stage approach was chosen for the second phase. See
Paragraph 7.
5. Stakeholders
For each individual industry that will be added, consultations took place during
the second phase with representatives of businesses from the relevant sector and
other involved government agencies, with respect to the requirements that would
be added, their implementability, and the applicability of the existing
requirements and their implementability. The requirements are therefore being
drafted in close consultation with the immediate stakeholders. The guiding
principle is to achieve agreement on the requirements.
Van Vliet Milieumanagement, 2007. Bedrijfstakken onder algemene regels tweede tranche
[Economic sectors under general rules, second sub-phase]. Erik van Vliet
Milieumanagement, december 2007; InfoMil, 2008. Bedrijfstakken afvalsector onder
algemene regels in de 2e tranche [Waste-related economic sectors under general rules in
the second sub-phase]. Infomil, February 2008.
4
Businesses were also represented through their various umbrella organisations
such as MKB and VNO-NCW.
The draft decree and the draft ministerial regulation were pre-published for public
consultation. This has given other interested parties the opportunity to respond to
the proposed new provisions. For responses to the consultation, please see
Section 15.
6. Structure of the decree
Decree and Ministerial Regulation
In drafting the Activities Decree, a certain division of labour was chosen between
the Decree and a new Ministerial Regulation. The Activities Decree is
supplemented by a single ministerial regulation, the Activities Regulation (the
previous Regulation laying down general rules for environmental management
facilities [Regeling algemene regels voor inrichtingen milieubeheer]). The Decree
contains the target-related and duty of care provisions. The Ministerial Regulation
contains the means-related provisions. Means-related provisions are mostly
technical provisions for the manner in which the target-related provisions are to
be satisfied. The target-related provisions can be distinguished into mostly
quantitative target-related provisions and qualitative target-related provisions.
Quantitative target-related provisions are target-related provisions specifying a
concrete norm, such as an emission limit. Qualitative target-related provisions
are mainly contained in the duty-of-care clause (Article 2.1), and are concretised
by means of the means-related provisions of the Ministerial Regulation.
Means-related provisions
Means-related provisions can be further subdivided into approved measures and
obligatory measures. Approved measures constitute a concrete implementation of
a quantitative target-related provision. With approved measures, the operator of
a facility may still choose to use another type of measure, which will then be
assessed against the relevant target-related provision. The choice of measure is
the responsibility of the entrepreneur, and prior permission from the competent
authority is not needed to implement the measure.
Obligatory measures constitute a concrete implementation of the duty of care.
These are measures considered to be so important for environmental protection
that they must be obligatory.
Obligatory and approved measures can be recognised by their distinct wordings.
For approved measures, the provision will begin with: “Article x will in any case
be fulfilled”. For obligatory measures, the provision will begin with: “For purposes
of”.
Duty of care
Article 2.1 of the Decree contains a duty-of-care provision. The duty-of-care
provision has a number of different functions within the Activities Decree.
On the one hand, it is a last-resort provision for those activities that do not
require a permit and are also not addressed explicitly by the Activities Decree.
For those activities, there will be no specific requirements in the Decree. This may
be the case e.g. with novel activities that were not being undertaken previously.
The duty-of-care provision also functions as a last resort for those aspects of
activities that are not covered by provisions of the Activities Decree or the
Activities Regulation. The principle here is that manifest neglect of the duty of
care can be met with direct enforcement action based on the duty of care. If it is
not obvious which measures a company is required to take based on its duty of
care, the competent authority can first issue a specific requirement as a concrete
elaboration of the duty of care. However, the competent authority may issue
specific requirements under the duty of care only if that particular aspect of the
relevant activity has not been regulated (exhaustively) elsewhere in the Decree.
Otherwise there would be legal inequality. Since this instrument is intended as a
last resort, there will always need to be an assessment of whether the relevant
situation is not already covered by a provision of the Activities Decree or
Regulation.
Another function of the duty-of-care provision is related to the second paragraph
of Article 2.1. The second paragraph of that Article describes the harmful effects
on the environment in more detail. Those provisions may be considered to be
qualitative target-related provisions. Some of these target-related provisions are
elaborated in the Activities Regulation in terms of obligatory measures.
For a detailed explanation, please see the general part of the explanatory
memorandum to the Activities Decree (Official Journal [Staatsblad] 2007, 415,
p.114–115). The duty-of-care provision remains unchanged in this sub-phase.
7. The sub-phases of the second phase
First sub-phase
The first sub-phase of the second phase contains some corrections to the
Activities Decree. In addition, seven sectors were wholly or partly brought within
the scope of the Activities Decree. Based on studies and consultations with other
government agencies, it was concluded that those sectors could be brought under
the Activities Decree relatively quickly and easily. These sectors are therefore
also referred to as ‘quick wins’. These are: recreational fishing ponds, many
crematoria, sheet-fed offset printers, mechanical textiles-processing industries,
laboratories and medical practices, natural-stone processing industries, and cold
meat processing.
One characteristic of these quick wins is that part of the activities undertaken in
these sectors could be regulated by requirements with a similar design to those
already present in the Activities Decree. Secondly, the relevant sectors have
responded favourably to the change in regulation modality; thirdly, the sectors
concerned have worked together with government agencies on drafting suitable
provisions for bringing these sectors under the scope of the Activities Decree.
The Amendment Decree in the first sub-phase has also brought traditional
shooting facilities under the scope of the Activities Decree. The reason for
bringing these facilities under the scope of the Activities Decree was the motion
by Vietsch and friends (29393, No 90), passed by Parliament on 4 March 2008.
Second sub-phase
The second sub-phase of the second-phase Activities Decree entered into force on
1 January 2011. The present Amendment Decree aims at bringing waste-relevant
companies under general environmental rules. Since the Waste Framework
Directive requires a separate notification procedure to be followed, this sub-phase
was reserved specifically for this type of activities.
Third sub-phase
The present Amendment Decree brings six new sectors (see the following section)
under the Activities Decree. The reason why these sectors are being added in this
sub-phase instead of a previous sub-phase of the second phase is related to the
complexity of the sectors, so that some of them required further studies.
Another relevant aspect is that for some activities, the competent authority must
make preliminary assessments of specific environmental aspects. These include
aspects where e.g. the location of the company plays an important role, such as
for odour pollution. With the entry into force of the Living Environment Law
(General Provisions) Act, an instrument is available to do so: the limitedassessment living environment permit [omgevingsvergunning beperkte
milieutoets, OBM]. This enables the relevant sectors to be brought under the
Activities Decree.
The present Amendment Decree, which constitutes the third sub-phase, brings
approximately 3 280 facilities under the scope of the Activities Decree. These are
approximately 2 330 facilities for which the permit requirement is dropped, and
general rules will henceforth apply, as well as approximately 950 facilities for
which the environmental permit (or living environment permit with extended
preparatory procedure) is replaced with a living environment permit with a
regular preparatory procedure, combined with general rules. This achieves a
reduction of €22.9 million in the administrative burden (see above in Section 13
of this Explanatory Memorandum).
Potential other sub-phases
According to the project planning, this third sub-phase will be followed by at least
a fourth sub-phase of the second-phase General Rules Update, which will in all
likelihood provide for the addition a final set of economic sectors. These are
sectors whose complexity implies that more time is needed to formulate
appropriate requirements. These are hospitals, foundries and railway yards. In
addition, the options for bringing yet other sectors under general rules will be
assessed. These will in any case include horse stables (see the study by SPPS
Consultants, “Numbers of permit-bound facilities, 2010” [Aantallen
vergunningplichtige inrichtingen 2010]).
A simplification of the Activities Decree is also being prepared in the context of
the “Simply Better” programme. It is expected that these simplifications will be
included in the fourth sub-phase as well as a likely fifth sub-phase.
8. Branches to be Added to the Third Block
Concrete Industry
Among other things, the Amendment Decree adds general rules to the Activities
Decree pertaining to the concrete industry. The expansion of the Activities Decree
involves adding activities that are carried out in the production of concrete and
concrete products. In addition to this, the subsections which, prior to entry into
force of this Amendment Decree, pertained to machining of natural or artificial
stone, application of adhesives, resins, and coatings to natural and artificial stone
and chemical treatment of natural or artificial stone have been expanded in this
Amendment Decree. As a result, finishing processes used in the concrete
production industry now fall under the scope of these subsections.
The inclusion of general rules entails the repeal of the permit requirement based
on Article 2.1(1), preamble and sub e, of the Dutch General Environmental Law
Provisions Act (the Wabo). For the concrete industry, however, an environmental
permit is in fact still required. This is what is known as an ‘environmental permit
with limited environmental test’ (OBM) as per Article 2.1(1), preamble and sub i,
of the Wabo. This advance test is necessary because certain establishments
belonging to the concrete industry are designated as major noise makers in
Annex I of the Dutch Environmental Law Decree (the BOR). Further, the OBM is
necessary because establishments belonging to the concrete industry may make
a significant contribution (‘to a significant degree’) to background concentrations
of nitrogen dioxide and floating particles. Within the concrete industry, waste can
be used in the production of fluid concrete or concrete products. An advance test,
an OBM, is necessary with regard to this aspect as well.
Indoor Shooting Ranges
Indoor shooting ranges are shooting ranges in the form of a building or a part of
a building, without open sides and with a completely enclosed cover, within which
it is permitted to discharge firearms. The environmental aspects of safety,
storage of ammunition, air and noise are relevant to shooting in indoor shooting
ranges. For soil-related aspects, the general rules of the decree shall suffice
provided the entire range floor is paved. If this range floor is not paved,
applicable soil protection requirements have been set out in a ministerial
regulation.
For the storage of ammunition, reference is made to the provisions on the
storage of pyrotechnics and other explosive substances, which are adequate for
activities of this kind. For the sake of completeness, it is noted that this decree
does not include any rules pertaining to storage of weapons. For this, reference is
made to the requirements set out in or by virtue of the Dutch Weapons and
Ammunition Act (Wet wapens en munitie).
Paintball
Paintball is a game in which a paintball marker and compressed air or CO2 are
used to shoot other participants with small balls of paint. It is a recreational
activity which is played in a competitive association. The game can be played
both inside and outside of an establishment. In either case, it is a closed
environment.
The relevant environment aspects applying specifically to paintball involve noise,
soil and safety. In this third block, no provisions have been added to this branch,
given that the rules of the Activities Decree are adequate for this recreational
activity.
Establishments for Maintenance, Repair and Cleaning of Railway Vehicles
Among other things, this Amendment Decree adds general rules to the Activities
Decree pertaining to activities in establishments for maintenance, repair,
inspection, cleaning, trading, leasing, test driving or surface treatment of railway
vehicles. The permit requirement by virtue of Article 2.1(1), preamble and sub e,
of the Wabo shall lapse for establishments for trams and underground railways.
The railway yards and the establishments for maintenance, repair, inspection,
cleaning, trading, leasing, test driving or surface treatment of trains will in fact
remain subject to permit requirements, as before. For the fourth block, it shall be
examined whether these categories of establishments can also be brought
entirely under the scope of the Activities Decree.
The expansion of the Activities Decree involves the addition of activities carried
out within establishments for railway vehicles. This includes, for instance,
operating a point heating system. In addition to this, the subsections which, prior
to entry into force of this Amendment Decree, pertained to the supply of liquid
fuel, washing of motor vehicles, and maintenance and repair of motor vehicles
have been expanded in this Amendment Decree. As a result, the supply of liquid
fuel for railway vehicles, washing of railway vehicles and maintenance and repair
of railway vehicles now fall under the scope of these subsections.
For a number of activities carried out within establishments for railway vehicles,
no explicit regulations have been included in the Activities Decree. So, for
instance, what are known as ‘railway conditioning systems’ are used in
establishments for railway vehicles. The rails are greased in order to reduce noise
from rail movements. The lubricant used is typically a substance that is
hazardous to the soil. No regulations are included for operating a rail conditioning
system. Use of a system of this kind does in fact fall under the duty of care. If
desired, the competent authority may impose custom regulations. Moreover, the
regular soil regulations from Division 2.4 of the Activities Decree also apply: soilprotection provisions and measures must be applied in order to achieve a
negligible soil risk.
Within some establishments for railway vehicles, railway vehicle toilets are
emptied. Two situations are distinguished here. The contents of (chemical and
non-chemical) toilets are typically pumped over to a tank within the
establishment. This tank is subject to the regular regulations from the Activities
Decree pertaining to the storage of substances hazardous to soil in tanks. It also
occurs that the contents of toilets are pumped directly into the municipal sewer.
The same regulations apply to both situations. It is prohibited to discharge waste
water originating from such toilets onto surface water or onto or into soil.
The duty of care entails that the discharger shall come to an appropriate
arrangement in consultation with the competent authority regarding discharge
into the municipal sewer, where explicit attention must be placed on efficient
operation of this sewer and the purification plants.
The Rubber & Plastics Industry and Printing & Graphics Industry
This Amendment Decree adds new general rules to the Activities Decree which
pertain to the rubber & plastics industry, which is also understood as including
the adhesive & sealant industry and the printing & graphics industry.
With regard to the rubber and plastics industry, the third block involves the
addition of regulations on the use and storage of certain types of organic
peroxides, the weighing and mixing of rubber compounds and processing of
rubber, thermoplastics, and polyester resin..
In addition to this, a number of sections have been changed, namely those
pertaining to:
Storage of hazardous substances and substances hazardous to the soil in
packaging, other than pyrotechnics, solid artificial fertilizers, asbestos, uninstalled
air bags and seat belt retractors, and other explosive substances
Storage of substances in storage tanks
Plastic processing and machining of plastic or plastic products, and
Cleaning, coating, and bonding of plastics or plastic products
With regard to the printing & graphics industry, the following activities are added
to the third block: application of rotation-offset printing techniques, application of
flexographic printing techniques and application of packaging gravure printing
techniques. In addition to this, with a view to adding the printing & graphics
industry to the Activities Decree, this Amendment Decree changes subsections
which, prior to entry into force of this Amendment Decree, pertained to reporting
and storage of fluid fuel and used oil in underground storage tanks.
Once general rules for the aforementioned activities are drafted, the permit
requirement as per Article 2.1(1e) of the Wabo shall lapse for the majority of
companies in the rubber & plastics industry and the printing & graphics industry.
In cases of processing polyester resin, an OBM will still in fact be necessary by
virtue of Article 2.1(1i) of the Wabo. This OBM is necessary because styrene is
emitted in these polyester resin establishments. Styrene has a very low odour
threshold: it is a substance that can be smelled even at very low concentrations.
Therefore, the risk of odour nuisance real. For this reason, additional attention
must be placed, in advance, on the odour-related aspects of the processing of
polyester resin.
The Foodstuffs Industry
With this amendment, more companies in the foodstuffs industry will fall under
general rules. Traditionally, hotel & catering and traditional foodstuffs companies
fell under the general rules. In previous amendments, traditional slaughterhouses
(1 January 2008) and the carving and processing of organs (1 January 2008)
were brought under general rules. The current Amendment Decree sets out
general rules for all companies that produce foodstuffs or beverages for people,
to the extent that they do not fall under the scope of the IPPC Directive (soon to
be Directive 2010/75/EU of the European Parliament and of the Council of 24
November 2010 on industrial emissions (integrated pollution prevention
and control) (Industrial Emissions Directive)).
Processing of crops with the aim of sorting, transporting and packaging them has
not been brought under the general rules. Waste water that is released from this
is still subject to the permit requirement for discharges onto bodies of surface
water.
The main activities of the companies are addressed in three different sections:
one section on preparation of foodstuffs, one section on the slaughter of animals,
carving of meat or fish and processing of animal by-products, and one section on
industrial production and processing of foodstuffs and beverages.
9. Insertion of the Decree on Emission Requirements for Medium-sized
Combustion Plants (the BEMS).
The BEMS sets out general rules for emissions of nitrogen dioxide (NOx), sulphur
dioxide (SO2), total dust and total hydrocarbons originating from medium-sized
combustion plants. The BEMS is a recent decree and therefore does not require
any updates to its content. The requirements resulting from the BEMS are
applicable to approximately 80 000 plants. In some cases, there are several
combustion plants present at the same location. It is estimated that this applies
to over 6 000 establishments. It has been decided to include the BEMS in the
Activities Decree.
Given that the Industrial Emissions Directive is also being implemented in the
Activities Decree, the requirements for combustion plants (‘small’, ‘medium-sized’
and ‘large’) will now link up better with one another and it will be possible to use
the same definitions.
Due to the amendment of the definition of a combustion plant in connection with
implementation of the Industrial Emissions Directive, a number of plants now fall
under the scope of the Activities Decree, namely:
Plants in which the combustion gases are only used to dry or treat
products such as brickworks, baker’s ovens, cement ovens, plants for roasting
ores, grass and green fodder drying houses, asphalt mixing plants, pelletisation
plants, glass ovens, and the like
Combustion plants where heat is transferred to thermal oil, with the
thermal oil serving as a medium for heat transfer
Process furnaces, which are combustion plants mainly used for purposes
other than heating water or steam
Air heaters, intended for (space) heating
In addition to this, this opportunity was taken to correct a small number of
omissions in the BEMS, including the lack of emissions requirements for boiler
plants with a nominal capacity of less than 1 megawatt. Some of these boiler
plants were already subject to emissions requirements under the Decree on Type
Approval of Heaters for Nitrogen Oxide Air Scrubbing (the Btvls). However, in this
Amendment Decree, emissions requirements are set on boiler plants with a
nominal capacity of less than 1 megawatt, on the basis of the best available
techniques. In this way, this category of plants will make a proportionate
contribution to achieving environmental targets in the area of local air quality and
cross-border air pollution. The requirements are applicable to 30 000 installations
in the Netherlands.
Moreover, Annex I of the BOR was amended at the same time as this Amendment
Decree. This means some activities are no longer subject to permit requirements,
namely: combustion of biogas, combustion of biomass and wood pellets in a
combustion plant with a thermal capacity of up to 15 megawatts and firing a
thermal power plant. This also helps incentivise the use of biomass.
10. Simplifications
This proposed amendment applies simplifications in many places. Some of these
simplifications have been planned for a long time, such as moving activities from
Chapter 4 to Chapter 3. Other simplifications have been applied following input
from the business community and the competent authorities.
Scope
An example of a simplification of this kind is the lapsing of the scope provision for
establishments (Article 1.4). Instead, the scope is regulated specifically in each
subsection, division or chapter. This is in response to the practical experience that
the decree requires too much scrolling. The intention is to put related articles
pertaining to an activity together to the greatest extent possible, with a view to
accessibility.
With regard to discharge, it has been decided to continue to regulate the scope in
Article 1.4 in the interests of legal certainty and enforceability. For discharge, it is
vital to stipulate that the discharging party is the addressee of the regulation. The
discharger is the party to which the rules of the Activities Decree apply. The other
rules of the decree apply specifically to the operator of the establishment.
Movement from Chapter 4 to Chapter 3
As mentioned above, this Amendment Decree moves a number of parts from
Chapter 4 to Chapter 3, and the rules for these activities shall now apply to
establishments subject to permit requirements (Type C establishments).
The original intent during the drafting of the Activities Decree was to have the
rules apply to all establishments. That was dispensed with during the first phase
because, at that time, not enough was known to take stock of the consequences.
However, this idea persisted and was put on the agenda for the second phase.
Given that neither the first nor the second block provided any room for this move
due to the specific contents of these blocks, the movement from Chapter 4 to
Chapter 3 was incorporated into this block. For subsequent blocks as well, it will
be necessary to examine whether any additional movement of activities to
Chapter 3 will be possible.
The movement of activities has various consequences. First off, as mentioned
above, these activities will also apply to Type C establishment, which are subject
to permit requirements. The regulations will apply in addition to the permit. For
the activities in question, it will no longer be necessary to apply for a permit
(change) when setting up or changing a business: a notification will suffice. This
reduces the administrative costs on these establishments.
Second, the move facilitates merging of certain subjects. One example here
would be the new foodstuffs division, including both the new subsection on
industrial production and processing of foodstuffs or beverages and the ‘existing’
subsections on preparation of foodstuffs and slaughter of animals, carving of
meat and fish and processing of animal by-products.
Third, the move has afforded an opportunity to revise some of the structure of
divisions and arrange them in a more logical and recognisable manner.
Fourth, after the move, the regulations still in Chapter 4 will only apply to Type A
and B establishments.
The following subsections have been moved from Chapter 4 to Chapter 3:
-
Subsection 4.1.6 Filling of gas canisters with propane and/or butane to
Subsection 3.4.8
Subsection 4.2.1 Operation of a combustion plant to Subsection 3.2.1
-
Subsection 4.2.2 Operation of a cooling system to Subsection 3.2.6
Subsection 4.6.2 Offering parking places in a car park to Subsection 3.3.4
Subsection 4.8.2 Offering mooring places for mooring of pleasure craft to
Subsection 3.3.5
Subsection 4.8.3 Preparation of foodstuffs to Subsection 3.6.1
Subsection 4.8.4 Slaughter of animals, carving of meat and fish and
processing of animal by-products to Subsection 3.6.2
Subsection 4.8.5 Offering opportunities to practice sports to Subsection
3.7.3
Subsection 4.8.5a Recreational fishing ponds to Subsection 3.7.4
Subsection 4.8.7 Operation of an emergency generator has been
incorporated into Subsection 3.2.1, and
Subsection 4.8.8 Traditional shooting to Subsection 3.7.2
Chapter 3 also applicable to all IPPC establishments
By virtue of the Wabo, establishments with one or more IPPC plants (IPPC
establishments) are subject to permit requirements. The extent to which it is
possible to bring IPPC establishments under general rules was examined in the
past, in connection with the Activities Decree. The IPPC Directive does leave
scope, in Article 9(8), to regulate specific categories of installations by laying
down the relevant rules in imperative general provisions instead of permit
requirements. This provision reappears in Articles 6 and 17 of the Industrial
Emissions Direction, the successor to the IPPC Directive. The conclusion of this
examination is that regulation of environmental impacts by means of general
rules instead of a permit is not possible for IPPC establishments. However, it is
possible to regulate certain parts of an IPPC establishment using general rules,
with the other parts of the establishment requiring a permit.
The Industrial Emissions Directive requires that IPPC establishments be subject at
all times to requirements based on the best available techniques. It is true that
the general rules are, in principle, based on the best available techniques, but
technical developments may result in the general rules falling behind the best
available techniques. Section 2.22(5) of the Wabo stipulates that the competent
authority is required in such cases, in contrast to the general rules, to draft
regulations based on the best available techniques.
This third block of the Amendment Decree uses ‘C establishments’ to mean all
IPPC establishments. In the Netherlands, this is some 3 800 IPPC plants,
including power plants, chemical companies, large intensive cattle farms, and
waste processing companies. This accounts for approximately 1 % of all
establishments.
In the first phase of the Activities Decree project, it was explicitly decided not to
declare regulations from Chapter 3 of the Activities Decree applicable to IPPC
establishments, in order to preclude possible conflicts with the IPPC Directive
(and its successor, the Industrial Emissions Directive). Given the results of the
aforementioned study and the basic principle of the general rule modernisation
project to strive for uniform environmental regulations for similar activities, this
Amendment Decree makes all IPPC establishments Type C establishments.
Incidentally, it is the case that Article 8.44-decrees were also applicable to IPPC
establishments and still apply in part as 8.40 decrees in addition to the Activities
Decree, such as the Waste Incineration Decree and the Solvents Decree on the
EC VOC Directive for Environmental Protection. In addition to this, Chapter 3 of
the Activities Decree already contains regulations which, via transitional
provisions for former 8.44 decrees (Article 6.7) , are applicable to all
establishments falling under the scope of the IPPC Directive.
In addition to the above, other reasons could be cited as to why the Activities
Decree will be applicable to all IPPC establishments. Various amendments for
which it is essential that part of the Activities Decree also apply to various types
of IPPC establishments are currently in the preparation stages.
First off, the regulations included in the Activities Decree for implementation of
Directive 2009/126/EC of the European Parliament and of the Council of 21
October 2009 on Stage II petrol vapour recovery during refuelling of motor
vehicles at service stations (OJ L 285) (the Petrol Vapour Directive), are also
applicable to IPPC establishments. In addition to this, the decree amending the
Decree on general environmental protection rules for establishments (agricultural
activities in the Decree on general environmental protection rules for
establishments) (Bulletin of Acts, Orders and Decrees, ...., No....) uses the option
by designating agricultural IPPC establishments as Type C establishments. This
means that Chapter 3 of the Activities Decrees is also applicable to agricultural
IPPC establishments. This pertains to establishments that are IPPC
establishments based on the number of animal places. Further, this Amendment
Decree inserts the BEMS, which is already applicable to IPPC establishment and
shall continue to be so in future.
As a result of these amendments, the Activities Decree would apply to all but a
small group of IPPC establishments. Because delineation is becoming increasingly
difficult, there is no longer any reason not to have the Activities Decree apply to
IPPC establishments.
11. Relationship with the Other Relevant Regulations
Within the framework of the second stage, more establishments are being
brought under the scope of the general rules. This means a larger part of them
will no longer be subject to environmental permit requirements. For some of
them, a permit under the regular Wabo procedure is also necessary, in addition to
the general rules. This is the aforementioned OBM: a simplified procedure that
includes an advance test and which does not result in regulations. Incidentally, it
may also occur that these establishments will need an environmental permit for
other aspects in the future (such as building).
Just as in the Activities Decree, this Amendment Decree is also based on the
Dutch Water Act (Wtw). When the Dutch Water Act took effect, the Activities
Decree became based, in part, on it. The amendments necessary for this were
implemented by the Water Decree..
Another change that preceded this Amendment Decree is the implementation of
the Petrol Vapour Directive. This pertained to reduction of petrol vapour
emissions when refuelling motor vehicles at service stations. This is one of the
instruments for limiting emissions of Volatile Organic Substances (hereinafter
VOS).
Another change that precedes this Amendment Decree is the decree amending
the Decree on general environmental protection rules for establishments
(agricultural activities in the Decree on general environmental protection rules for
establishments). This decree brings agricultural activities under the scope of the
Activities Decree. These are activities that were previously regulated by the
Environmental Management (Agriculture) Decree, the Glasshouse Horticulture
Decree, the Environmental Management (Manure Basins) Decree, the Open
Cultivation and Livestock Farming Discharge Decree, and the Discharges (Soil
Protection) Decree. This also repeals the environmental permit requirement for a
number of categories of agricultural establishments. These are primarily activities
in intensive livestock farms.
Moreover, the area of application of the Activities Decree has been expanded to
include agricultural activities which could also take place in part outside of the
establishment. These are activities that were previously regulated by the Open
Cultivation and Livestock Farming Discharge Decree and in part by the Discharges
(Soil Protection) Decree. The change only pertains to aspects related to soil
protection and discharges into a surface water body.
Once this Amendment Decree takes effect, it shall repeal the Environmental
Management (Agriculture) Decree, the Glasshouse Horticulture Decree, the
Environmental Management (Manure Basins) Decree, the Discharges (Soil
Protection) Decree, and the Open Cultivation and Livestock Farming Discharge
Decree.
Moreover, in this same period in which this Amendment Decree is expected to
take effect, the implementation of the Industrial Emissions Directive will also
occur. This Directive requires permit regulations and general rules to be based on
the European Best available techniques Reference documents (BREF documents).
This links up with the practical situation in the Netherlands. Therefore, the impact
of the Directive on the Netherlands is limited to clarification of regulations and
European harmonisation.
Implementation is handled, in particular, in the Activities Decrees. This change
runs in parallel with this Amendment Decree. The proposed amendment
pertaining to implementation is also formulated so that it runs in advance of this
Amendment Decree. This is done to prevent the proposed amendment pertaining
to implementation being dependent on the progress of this proposed amendment.
In order to ensure that the articles added to the Activities Decree during this
implementation are also recognisable after the third block takes effect,
renumbering has been minimised in the third block.
In order to implement the Industrial Emissions Directive, the BOR further clarifies
the instructions on preparation of environmental permits and general rules by
virtue of Article 8.40 of the Dutch Environmental Protection Act (the Wm). The
instruction is applicable accordingly to Dutch Water Act permits and general rules
based on the Dutch Water Act.
12. Consequences for the Environment
On drafting this Amendment Decree, the basic premise was that this decree
should strive for a level of environmental protection that is equivalent to the level
of environmental protection sought by the permit requirements. Just as with
changes to the Activities Decree, the application of the best available techniques
also applies as a basic principle for granting permits. The best available
techniques are typically elaborated in industry documents, such as Workbooks
with environmental measures, the reports of the Integral Water Management
Board (Commissie Integraal Waterbeheer - CIW)5 and the Dutch Air Emissions
Directive (Nederlandse emissierichtlijn lucht - NeR). These documents and
directives were used in the drafting of this Amendment Decree. For this reason,
this Amendment Decree was drafted based on the same basic premises, which
means, in principle, the same level of environmental protection is guaranteed for
the establishments falling under this decree as is achieved with the permit
requirements.
13. Consequences for Citizens, the Business Community and the
Government
In order to determine the change in administrative costs, a baseline
measurement was taken, which determined the administrative costs for the
business community as of 1 March 2007.6 This baseline measurement is the basis
for the calculation of the reduction in the administrative costs to be achieved with
this Amendment Decree. For the governance costs, the change is examined
between the situation before and after entry into force of this Amendment
Decree.
a. Reduction of Administrative Costs
The CIW no longer officially exists. Duties taken over as of 12-2-2004 by the Dutch
National Administrative Consultation Committee on Water (Landelijk Bestuurlijk Overleg
Water - LBOW), under the chairmanship of the State Secretary for Transport and Public
Works.
6 Capgemini, Deloitte, EIM and Ramboll Management. Nulmeting administratieve lasten
bedrijven 2007 (2007 baseline measurement of administrative costs for businesses), Dutch
Ministry of Housing, Spatial Planning and the Environment. Under assignment from the
Dutch Regulatory Reform Group (Regiegroep Regeldruk), 2008.
5
Administrative Cost Reduction in the First Block
On 1 January 2010, the first block of the second phase of the Activities Decree
took effect. This Amendment Decree provides over €23.5 million a year in
administrative cost reductions for the business community, relating to costs
resulting from requirements under the Dutch Environmental Protection Act (the
Wm). Practically all of this reduction is attributable to the expansion of the scope
of the Activities Decree. This Amendment Decree brings some 3 500
establishments subject to Wm permit requirements under the scope of the
Activities Decree, which means the permit requirements under the Wm will lapse
for these establishments.
This Amendment Decree also sets out general rules for discharges based on the
Dutch Water Act (Wtw). This Amendment Decree brings some 90 establishments
subject to Wtw-permit requirements under the scope of the Activities Decree,
which means these establishments no longer require any permits under the Wtw.
This change accounts for an additional administrative cost reduction of
approximately €640 000 a year.
Administrative Cost Reduction in the Second Block
The Amendment Decree achieves an administrative cost reduction of over €29.7
million a year for the business community. In addition to the administrative cost
reduction, this Amendment Decree also entails an increase in costs for
pharmacists who already fell under the scope of the Activities Decree. This
administrative cost increase was caused by the permit requirement introduced for
collection of medicines. This permit requirement is the result of the Waste
Framework Directive. This cost increase was included in the calculation of the
administrative costs. The second block of the Amendment Decree brings some
2 000 establishments subject to permit requirements, whose operators are
private parties (such as car breakers and scrapyards), under the scope of the
Activities Decree. In addition to these establishments, the second block of the
Amendment Decree brings some 1 600 establishments managed by a
government agency under the scope of the Activities Decree. This provides over
€2.3 million a year in administrative cost reductions for the government, for
administrative costs resulting from requirements under the Wm. This concerns
sewage treatment plants, recycling centres and household chemical waste
depots, establishments for storage of soil and mud and maintenance support
points.
For sewage treatment plants, recycling centres, household chemical waste
depots, soil bulking and waste plastics storage and bulking, the entry into force of
this Amendment Decree replaces the permit requirement with extensive
preparation procedure with a permit requirement with normal preparation
procedure (i.e. the aforementioned OBM) in combination with general rules.
Administrative Cost Reduction in the Third Block (underlying Amendment Decree)
Thus far, the modernisation of the general rules for companies (the first and
second phases of the Activities Decrees up to the second block) has provided an
administrative cost reduction of €290 million.
This Amendment Decree brings some 3 280 establishments under the scope of
the Activities Decree. This includes 2 330 establishment whose permit
requirements will lapse in favour of general rules, and some 950 establishments
whose environmental permits will be replaced by an OBM in combination with
general rules.
Calculation of administrative costs consists of two parts:
a.
Determine the costs eliminated by lapsing of the permit requirement
b.
Determine the costs incurred once the establishments are brought under
the Activities Decree
A. Determine the costs eliminated by lapsing of the permit requirement
Category of company
Permit costs
baseline
Total costs
58
€15 938
€924 404
350
€15 938
€5 578 300
130
€15 938
€2 071 940
The Foodstuffs Industry
600
€9 826
€5 895 600
Shooting establishments
645
€2 525
€1 628 625
50
€2 525
€126 250
Rubber and plastics
processing industry
Number of
companies
Rubber processing
Rubber and plastics
processing industry
Polyester resin
Rubber and plastics
processing industry
Processing of thermoplastics
Railway establishments
Concrete Industry
600
€11 875
€7 125 000
Printing & graphics industry
150
€6 101
€915 150
Combustion plants
700
€2 525
€1 767 500
Total
2 583
e.g. rotation/cardboard
€26 032 769
Therefore, a total of €26 032 769.00 per year in costs is eliminated by the lapsing
of the permit requirements under the Wm or Wabo.
B. Determine the costs for the aforementioned establishments under the
Activities Decree
For polyester resin processing and the concrete industry as included in this third
block, the permit with extensive preparation procedure will lapse. This permit is
being replaced with general rules along with the environmental permit with
limited environmental test (the OBM). The administrative costs for the OBM are
estimated at €2 525.00.
Category of company
Rubber and plastics
processing industry
Number of
companies
58
Ave. Activities
Decree costs
Total costs
€631
€36 598
€631 + €2 525 =
€1 104 600
Rubber processing
Rubber and plastics
processing industry
350
€3 156
Polyester resin
Rubber and plastics
processing industry
130
€631
€82 030
Foodstuffs industry
600
€353
€211 800
Shooting establishments
645
€192
€123 840
50
€192
€9 600
€328 + €2 525 =
€1 771 800
Processing of thermoplastics
Railway establishments
Concrete Industry
600
€2 953
Printing & graphics industry
150
€258
€38 700
Combustion plants
700
€192
€134 400
Total
2 583
e.g. rotation/cardboard
€3 513 368
The total costs for these establishments being brought under the Activities Decree
therefore comes to €3 513 368.00 a year.
C. Movement of activities from Chapter 4 to Chapter 3
In addition, this third block also moves activities from Chapter 4 to Chapter 3. As
a result, in a number of cases, companies will not have to apply for a (change of)
permit: a notification will suffice. In particular, a reduction in administrative costs
is expected for activities such as offering parking spaces in a car park,
preparation of foodstuffs, operating an emergency generator, a combustion plant
or a cooling system.
After the second block, some 30 000 establishments were still subject to
environmental permit requirements. The third block will bring this figure to
27 670 establishments. Assuming that 3 % of change permits (an expert's
estimate) a year involve a change for an activity moving from Chapter 4 to
Chapter 3 and assuming permit changes once every 5 years, it is possible to
calculate the reduction in administrative costs in accordance with the above. A
single permit is estimated to incur €2 525.00 in costs, and a single notification
€192.00.
Movement of activities from Chapter 4 to Chapter 3 therefore provides a
reduction of approximately
€387 400.00 in administrative costs.
Based on the above under A, B, and C, it can be concluded that the sum of the
total administrative cost reduction per year can be estimated at:
(€26 032 769.00–€3 513 368.00) + €387 400.00 = €22 906 801.00.
It follows from the calculation that this Amendment Decree provides over €22.9
million a year in administrative cost reductions for the business community,
relating to costs resulting from requirements under the environmental permit.
Practically all of this reduction is attributable to the expansion of the scope of the
Activities Decree.
b. Business Impact and Compliance Costs
This Amendment Decree moves around 2 330 establishments over to the general
rules. Dispensing with the permit procedure means a reduction in costs because a
permit procedure generally involves higher costs than a notification by virtue of
the Activities Decree. This reduction in costs is included in the calculation of the
impact of this Amendment Decree on the administrative costs. In addition to this,
the lapsing of the permit procedure provides time-savings in the setup,
modification or expansion of an establishment.
The regulations included in this Amendment Decree for these establishments
have been drafted in close consultation with the relevant industries and the
competent authorities. Due to the lapsing of the permit requirement, the
requirement on these industries to apply for a change permit with the competent
authority also lapses.
On drafting this Amendment Decree, the basic premise was that this decree
should strive for a level of environmental protection that is equivalent to the level
of environmental protection under the permit requirements. This basic premise
also applies to the compliance costs. However, with regard to companies
operating boiler plants with a nominal capacity between 400 kilowatts and 1
megawatt, there is an increase of approximately €1.2 million a year in nonoperational, content-related compliance costs. These costs were calculated as
follows: there are approximately 30 400 such boiler plants in use. There is a oneoff measurement on commissioning of the plant. This emissions measurement
costs around €600.00 per boiler.
In order to enable the companies involved to include the aforementioned
compliance costs in their normal business cycle of maintenance and replacement,
transitional provisions have been included for this part.
For boilers with a capacity of less than 400 kilowatts which are fired by biomass
or wood pellets, requirements of this kind have already been set out in the
permit. The increase in the compliance costs therefore only pertains to the
category for which this was not yet the case.
The reason for including the one-off measurement on commissioning of the plant
is that, this way, the same emissions requirements are imposed on all small
boiler plants based on the best available techniques. This links up with the other
requirements for combustion plants that have been included with the transfer of
the BEMS to the Activities Decree. These requirements are intended to contribute
to local air quality and prevent or counteract cross-border air pollution.
c.
Consequences for Citizens
The changes in the regulations are not applicable to citizens.
Due to the transition from permit granting to general regulations, this
Amendment Decree also entails the lapsing of rights of public inquiry and
objection associated with permits. Naturally, rights of public inquiry and objection
remain in effect with regard to enforcement. Regardless of the extent to which
this change in the means of legal protection is seen as positive or negative by
citizens, the impact of this change on costs for citizens can be quantified as
indicated below.
For this, first off, we note that an estimated 20 000 Wm permit procedures were
carried out in 2006 (see Sira Consulting, 2006. Administratieve lasten
Omgevingsvergunning (Administrative Costs of Environmental Permits)). An
estimated 45 % of these procedures were initiated by an (organised) citizen.
After this initial phase, there were still 7 200 procedures per year (see the
general information section of the explanatory memorandum to the Activities
Decree (Bulletin of Acts, orders and Decrees, 2007, 415, p. 146)). Past
amendments (first and second blocks) reduced procedures by 0.6 % and 1.0 %,
respectively. This brings the total number of procedures to 7 086.
The third block will bring the number of procedures for (organised) citizens down
by 0.6 % (percentage of decrease in permits). This percentage is given in a
report by SPPS consultants, Aantallen vergunningplichtige inrichtingen (Number
of establishments subject to permit requirements), 2010. This amounts to 42
fewer procedures, bringing the total to 7 044 per year. The costs of a procedure
can vary widely. Precise figures are not available. It is assumed, however, that
these costs are limited because most procedures do not result in an appeal.
Based on previous studies within the framework of administrative costs, it is
assumed that the costs come to an average of approximately 10 hours and €500
per procedure. The decrease in costs for citizens is therefore estimated very
generally at 420 hours and €21 000 per year.
d. Governance Costs
This Amendment Decree does not entail any additional governance costs. This
Amendment Decree removes the permit requirement from some 2 330
establishments. In the future, the setup and modification of these establishments
will no longer require a permit, but rather a notification. This will create a shift of
costs from the permit granting phase to the enforcement phase. All of this
provides a small reduction in governance costs. In addition to this, the initial
costs for the necessary examination of the new regulations will be minimal
because municipalities are already familiar with the Activities Decree.
14. Executability and Enforceability
This Amendment Decree primarily addresses the operator of the establishment.
The operator of the establishment is therefore also responsible for compliance
with the regulations from the Activities Decree. The regulations from this
Amendment Decree and the Activities Decree have been written to be executable
for the operator of the establishment. A key point here is that the regulations
from this Amendment Decree must be consistent with the regulations already
included in the Activities Decree.
The municipality and the province remain the competent authorities for the
establishments brought under the Activities Decree within the framework of this
Amendment Decree and are charged with enforcement of administrative law by
virtue of Article 5.2(1) of the Wabo. For discharges falling under the Dutch Water
Act, the water manager is the competent authority, who is tasked, by virtue of
Article 8.1 of the Dutch Water Act, with ensuring enforcement of administrative
law in the introduction of substances into bodies of surface water under or by
virtue of the Dutch Water Act, among other duties.
Incidentally, a recent monitoring study on approximately 200 municipalities has
shown that 75 % of the municipalities find the regulations from the Activities
Decree to be easy to execute and enforce.
An ICT system has been developed to support the legislation in the Activities
Decree. This ICT system, referred to as the Activities decree Internet Module
(AIM), is intended to make the Activities Decree accessible to companies and the
competent authorities.
The operator of the establishment can use the AIM to file an electronic
notification. In addition to this, the AIM offers the operator of the establishment
support in determining which regulations from the Activities Decree and the
Activities Regulation are applicable to the establishment in question. This way,
the operator of the establishment knows exactly which regulations apply to the
establishment in question. Incidentally, this also applies for the competent
authority.
In time, the AIM will be incorporated into the online environment portal (Dutch
acronym: OLO), the portal introduced on entry into force of the Wabo. For every
major amendment to the Activities Decree, a brainstorming group is formed
including representatives from the business community and the government. This
brainstorming group tests out modifications to the system and examines whether
the system is working well for this specific group of operators.
The regulations and their executability have been discussed with representatives
of the business community and other government authorities.
In addition to this, the changes in executability and enforceability detailed in the
explanatory memorandum to the Activities Decree also apply to this Amendment
Decree. For an explanation of these changes, please refer to Subsection 12.2 of
the general Article of the explanatory memorandum to the Activities Decree
(Bulletin of Acts, Orders and Decrees, 2007, 415, p. 149–150).
15. Responses to the Public Inquiry Procedure
In response to the preliminary publication of the draft amendment decree
(Government Gazette, 2011, 19962), the State Secretary of Infrastructure and
the Environment received 40 inquiries.
Municipalities, provinces, industry associations, and private individuals have
submitted their observations on the draft amendment decree in the context of the
public inquiry. The inquiries submitted were analysed with due care. Public inquiry
responses that resulted in improvements have been converted, where possible,
into adjustments of the wording of the Amendment Decree or explanatory
memorandum.
The majority of public inquiry responses concern specific items within the
Amendment Decree.
Some questions have also been received and proposals submitted for textual
improvements, clarifications, and additions.
The scope of the present explanatory memorandum does not permit a
comprehensive discussion of all these responses to the public inquiry. If desired,
responses to the inquiries submitted are provided to the speakers.
As a result of the inquiry responses, a number of clarifications have been applied
to the text of the Activities Decree, such as the changes in the terms ‘wet cooling
towers’ (natte koeltoeren) and ‘compaction’ (verdichten) and the changes to the
Articles on work performed by third parties at yacht basins. In addition, Articles
3.10j, 3.12, and 3.139 of the Activities Decree have also been adjusted due to
the inquiry procedure.
One item in the draft Amendment Decree attracted a relatively large number of
public inquiry responses. This concerns the transitional provisions for combustion
plants that used to fall under Environmental Protection Decree A on emissions
requirements for combustion plants (BEES A) and which will fall under the
regulatory framework for medium-sized combustion plants on the entry into force
of this Amendment Decree. Article 6.20 (new) was modified as a result of these
inquiry responses. For a more detailed explanation, please refer to this Article in
the section-by-section description.
16. Notification
The draft Amendment Decree was notified on [PM] to the Commission of the
European Communities (notification number [PM]) in accordance with the
provisions of Article 8(1) of Directive 98/34/EC of the European Parliament and of
the Council of 22 June 1998 laying down the 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 by Directive 98/48/EC of 20
July 1998 (OJ L 217).
The following provisions are presumed to contain technical specifications: [PM]
The draft Amendment Decree was not reported to the WTO because it did not
have any significant consequences within that framework.
NOTES BY ARTICLE
ARTICLE I
Parts A, C, G, M, N, P, U, V, X, Y, Z, BB, CC, DD, EE, YY, ZZ, BBB, EEE, FFF, III,
LLL, OOO, RRR, WWW, CCCC,EEEE, GGGG, HHHH, JJJJ, LLLL, NNNN, RRRR, TTTT,
UUUU, VVVV, WWWW, YYYY, CCCCC, FFFFF, HHHHH, KKKKK, OOOOO, RRRRR,
XXXXX, ZZZZZ, BBBBB, FFFFFF, JJJJJJ, MMMMMM, NNNNNN, PPPPPP, TTTTTT,
WWWWWW, XXXXXX, ZZZZZZ, and AAAAAAA.
This Amendment Decree changes the scope provision of Article 1.4 of the
Activities Decree. As a result of this Amendment Decree, the scope is regulated
specifically in each subsection, division, and chapter. This is a part of the
simplification process discussed in the general section of the explanatory notes.
Part B
Boiler Plant
As stated in the general section of the explanatory notes, it has been decided to
include the BEMS in the Activities Decree, which means, in connection with the
implementation of the Industrial Emissions Directive, that the requirements for
combustion plants (‘small’, ‘medium-sized’, and ‘large’) link up better with one
another and the same definitions can be used for terms. Most concepts and
definitions from the BEMS, such as fuel, fluid power engine, gas engine plant and
gas turbine plant, were based on the definitions from the Industrial Emissions
Directive. From now on, fluid power engines will be called diesel engines
(‘dieselmotor’) in the Activities Decree, and gas engine plants and gas turbine
plants will be called gas engines (gasmotor) and gas turbines (gasturbine). In
terms of content, however, these are still the same plants for the most part.
A gas engine or gas turbine in a combined cycle with a boiler supplied with
substantial quantities of combustion air is also regarded as a boiler plant in the
BEMS for the purposes of emissions requirements.
Given that the Industrial Emissions Directive does not use the term ‘boiler plant’,
its definition came from the BEMS.
A number of definitions from the BEMS have lapsed because the terms were
hardly used in the BEMS. It was also decided to dispense with the definition of
‘flue gas’ because this concept proved to be vague in practice and because the
Industrial Emissions Directive does not feature a definition of flue gas.
Underground Storage Tank
The definition of ‘underground storage tank’ originates from the former 1998
Decree on Storage in Underground Tanks and was inadvertently left out when
merging the contents of that decree into the Activities Decree. In the meantime,
the term has been added in Annex I, Part A, of the BOR. Without a definition, its
meaning would not be clear. A ‘mounded tank’ (ingeterpte tank) is not entirely
under the ground for instance, but is in fact always considered an ‘underground
tank’.
Railway Vehicle
The term ‘railway vehicle’ has a very broad meaning. This includes all manner of
vehicles intended for traffic over rail. Some examples here would be trains and
locomotives or carriages and wagons, as well as trams, underground trains, and
light rail.
Fermentation Gas
The definition of the term ‘fermentation gas’ was based on the wording for this
type of gas from the BEMS. Examples of organic materials mentioned in the
definition are household organic waste, manure, sewer sludge, activated sludge,
bulk household waste, or mixture thereof.
Activities Hazardous to the Soil, Substances Hazardous to the Soil, the Dutch Soil
Protection Directive (NRB) and Negligible Soil Risk
On 2 April 2012, a new Dutch Soil Protection Directive (NRB) published by the NL
Agency came out and replaced the old version of 2001 (2003) from InfoMil. The
definitions of the NRB, substances hazardous to the soil and activities hazardous
to the soil have been adjusted here. In the new NRB 2012, it is no longer the list
of substances that determines whether a substance of activities is hazardous to
the soil, but rather the substance chart included in Appendix 3, Part 3 of the NRB.
This is only a technical change, not a content change.
Above-ground Storage Tank
The definition of an above-ground storage tank has been amended. Logically, this
is the complimentary concept to the underground storage tank. A storage tank
that is located above surface water (such as a ship) also falls under this concept.
A storage tank of this kind must meet the same requirements as a tank ‘on land’.
Only the cargo tanks from a bunker station are excluded here because these are
already subject to requirements under the Dutch Inland Shipping Act
(Binnenvaartwet).
Façade
The definition of ‘façade’ still references Article 1b(5) of the Dutch Noise Pollution
Act (Wet geluidhinder). However, the Dutch Noise Production Ceiling Introduction
Act (Invoeringswet geluidproductieplafonds ) renumbered Clause 5 to Clause 4.
However, amendment of the reference in Article 1.1 of the Activities Decree was
inadvertently overlooked. This Article corrects this omission.
Dwelling
The definition of the term ‘dwelling’ is being modified to harmonise it with the
changes to the comparable definition in the Dutch Noise Pollution Act and with
the general amendments in the ‘rural dwellings’ bill. As a result of this, it is no
longer the actual use of a building, but rather its planning system that is
determinate for environmental protection. In connection with this, see also the
explanatory memorandum to the bill to amend the Dutch General Environmental
Law Provisions Act (the Wabo) and several other acts to have the planning status
of land and buildings be determinate for the degree of environmental protection
as well as to adjust the position of company-owned agricultural dwellings (rural
dwellings) (Dutch Parliamentary Papers II, 2011/12, 33 078, No 3, pages 6-8 and
17-18).
ISO Air Conditions
For incorporation of the BEMS into the Activities Decree, this definition was taken
from the BEMS.
Part D
Article 1.5a (new) of the Activities Decree stated that the majority of the rules
included in the Activities Decree do not apply to operation of combustion plants in
the Dutch Exclusive Economic Zone (EEZ). The motivation for these provisions is
Article 3.8 (new). Article 3.8 (new) states, in accordance with Article 1.2b of the
BEMS, that Article 3.2.1 (new) also applies to combustion plants located in the
EEZ. Article 1.5a was included to prevent the application of general rules that are
not relevant or desirable for these combustion plants.
Part E
This Part amends the Activities Decree in such a way that discharges onto bodies
of surfaces water resulting from certain activities, which may occur in
establishments belonging to the concrete sector, are exempted from the permit
requirement in Article 6.2 of the Dutch Water Act.
This pertains to discharge of rinse water originating from cleaning plant
components, discharge of drain water originating from exposure of concrete,
discharge of waste water originating from internal cleaning of means of transport
used to convey fluid concrete. In addition to this, this Article also has also
undergone renumbering in connection with moving the Article on drainage of a
steam boiler in a combustion plant.
Discharge originating from production or processing of foodstuffs or beverages
intended for human consumption is also partially exempted from the permit
requirement under Article 6.2 of the Dutch Water Act. Article 3.138 sets out
specific quality requirements on the water under which discharge is permitted.
Part F
Due to the merging of the former Ministry for Housing, Spatial Planning, and the
Environment with the former Ministry of Transport and Public Works, approval
from the Minister of Transport and Public Works is no longer relevant.
Part H
By virtue of Article 1.11(3), establishments for production of fluid concrete or
concrete goods/products must provide an acoustic report with their notification.
Prior to entry into force of this decree, the setup, modification, or operation of
these establishments were already subject, by virtue of Article 4.5 of the
Environmental Law Regulation, to the requirement to provide an acoustic report
along with the environmental permit application.
Concrete plants with a capacity of 100 000 kg/hour or more and concrete
production companies for production of concrete goods/products with a capacity
of 100 000 kg/day or more have been designated as major noise makers (see
Appendix 1, Part D, Clause 1, sub g of the BOR).
Moreover, by virtue of Clause 3, establishments with an indoor shooting range
located within 50 metres of a noise-sensitive object must also provide an acoustic
report along with the notification. The reason for this is that these situations
involve an increased risk of exceeding limit values. An advance study
demonstrating that the limit values can be respected is obvious in such cases. For
other situations, a burden of this kind has been deemed unnecessary.
By virtue of Clause 8 (new), additional requirements apply to the acoustic reports
for these establishments. An acoustic report submitted with the notifications for
an establishment designated in Part D of Annex 1 to the BOR (including concrete
companies; see Part D, under 1, sub g, of Annex 1 to the BOR) must provide the
materials necessary for the competent authority to make its decision as to
whether the setup or modification of the establishment is suitable within the noise
zone and whether the establishment can meet the noise limit values for the longterm average assessment level in a representative operating situation.
By virtue of Article 2.1(1), sub i, of the Wabo, in connection with Article 2.2a of
the BOR, setup and modification of a concrete company designated as a major
noise maker are subject to permit requirements. The grounds for rejection of this
environmental permit are given in Article 5.13b(3) of the BOR. The competent
authority shall take the acoustic report, which must be submitted along with the
notification by virtue of this clause, into account in evaluating the application. The
information from the acoustic report must enable the competent authority to
evaluate whether the setup or modification of the company is suitable within the
noise zone and whether the company can meet the noise limit values in a
representative operating situation (for the long-term average assessment level).
If the limit values are exceeded, then the permit must be rejected, or amended
noise requirements must be set out in custom regulations by virtue of Article 2.20
so that it is possible to meet the standards for the zone.
In Clause 10, which provides a basis for setting requirements on acoustic studies
in ministerial regulations, indoor shooting ranges were also added after wind
turbines. This amendment provides the option to include a calculation method
specific to noise originating from indoor shooting ranges.
Part I
For an establishment conducting activities with waste substances originating from
outside of the establishment, the notification must indicate which activities these
are and what types of waste substances are involved. This is a requirement from
the Waste Framework Directive. The Annex to the BOR details the cases in which
activities with waste substances are exempted from an environmental permit
prepared according to the expanded procedure. The activities and the types of
waste reported must be in accordance with this. This Amendment Decree
modifies Annex I of the BOR. In short, according to Annex I, Part C, Category
28.10, under 31o and 32o, waste for the production of concrete or concrete goods
and burning of biomass in a combustion plant is no longer subject to permit
requirements. As a result, Article 1.16 was amended as well.
Part J
This Article pertains to ‘Establishments for’ production of fluid concrete or
concrete goods or concrete products as referred to in Category 11.1, sub b, Part
C, in Annex 1 to the BOR. ‘Establishments for’ refers to establishments intended
for production of concrete or concrete goods or products, or concrete companies
and concrete product companies. These establishments may contribute ‘to a
significant degree’ to background concentrations of nitrogen dioxide and floating
particles. By virtue of this Article, the establishment owner must provide a
justification with the consequences for air quality.
By virtue of Article 2.1(1), sub i, of the Wabo in conjunction with Article 2.2a of
the BOR, the setup and modification of establishments for production of concrete
or concrete products are subject to environmental permit requirements. The
grounds for rejection of this environmental permit requirement are given in
Article 5.13b of the BOR. The competent authority shall take the justification,
which must be submitted along with the notification by virtue of this Article, into
account in evaluating the environmental permit application. Based on the grounds
for rejection in Article 5.13b(7) of the BOR, the environmental permit must be
granted if one of the following conditions is met:
a. It can be assumed that the setup or modification of the establishment will not
contribute to a significant degree to concentrations of nitrogen dioxide or floating
particles in the outside air.
b. It can be assumed that the setup or modification of the establishment will not
result in exceeding the limit values for nitrogen dioxide and floating particles
given in Annex 2 of the Dutch Environmental Protection Act.
c. It can be assumed that the setup or modification of the establishment will
result in (1) the concentration of substances in the air improving on balance or at
least remaining the same, or (2) increasing to a limited degree — but actually
improving on balance due to an associated measure.
d. The project falls under a project, development, or decree mentioned or
described in the Dutch National Air Quality Partnership Programme (Nationaal
Samenwerkingsprogramma Luchtkwaliteit — NSL), or is suitable under the NSL or
at least is not in conflict with it.
The justification which must be provided along with the notification by virtue of
this clause does not mean that an air quality report giving results from a
distribution calculation for air quality needs to be provided along with the
notification in all cases. If it can be assumed, based on a qualitative justification,
that there is a contribution that is not ‘to a significant degree’, then this
qualitative justification shall suffice. The meaning of not ‘to a significant degree’
follows from the Decree on Contributions not to a Significant Degree (air quality
requirements) (Besluit niet in betekenende mate bijdragen (luchtkwaliteitseisen))
(Bulletin of Acts, Orders and Decrees, 2007, No 440).
Part K
Styrene is emitted during processing of polyester resin. Styrene has a very low
odour threshold. Styrene has a very low odour threshold: it is a substance that
can be smelled even at very low concentrations. Therefore, the risk of odour
nuisance real. For this reason, additional attention must be placed, in advance,
on the odour-related aspects of the processing of polyester resin.
Operators of establishments for processing polyester resin must take a number of
styrene emissions reduction measures in order to counteract odour nuisance by
virtue of Article 4.31c unless this is not cost-effective or feasible. The
establishment owner may demonstrate that the odour nuisance will remain
limited to an acceptable level or the potential impact of the styrene emissions will
remain limited to a zoned industrial zone or business zone with less than one
odour-sensitive object per hectare. For companies processing polyester resin, this
Part includes the requirement to provide a description, along with the notification,
indicating how the requirement to counteract odour nuisance will be met.
If it appears from the description or subsequently that, despite the
aforementioned measure, the odour nuisance level is not acceptable, then the
competent authority may draft custom regulations.
There is also a real risk of odour nuisance in the production or processing of
foodstuffs and beverages. This will be addressed in further detail in the
explanatory notes on Part XX.
Moreover, the system for evaluating aspects of odour in the notifications for
purification plants has been adjusted to some degree. This links up with the
system set up for production or processing of foodstuffs or beverages.
Incidentally, it can be assumed that setup of a purification plant with odoursensitive objects in the surrounding environment standardly requires an odour
study in order demonstrate that the regulations have been met.
Part L
This additional notification has been inserted in connection with the inclusion of
large foodstuff companies in the Activities Decree (see Subsection 3.6.3). These
companies often discharge such large quantities of waste water into the sewer
that it has direct consequences on the operation of the purification plant (sewage
treatment plant) where the sewer ends. In principle, the purification plant can
process this waste water properly, but given the volume of the discharge, there
may be cause to further regulate this discharge, possibly with custom regulations.
In order to evaluate this, addition information is needed on the average and
maximum volumes of discharge per day for discharges with an annual average
contamination value of 5 000 inhabitant equivalents or more for oxygen-binding
substances. The manager of the purification plant, typically the district water
board, can then assess whether additional measures are necessary. The
competent authority, typically the municipality, can set this down in concrete
terms in a custom regulation.
Part O
The references in Article 2.2 have been amended in connection with the
renumbering of sections in the Activities Decree.
Parts Q, R, and S
Articles 2.4, 2.7, and 2.8 were changed for two reasons. First off, a number of
references in these articles were amended in connection with the renumbering of
articles due to the inclusion of the scope provisions in the subsections. The
addition of scope provisions in the subsections is explained in the general section.
In addition to this, Article 2.4, 2.7, and 2.8 have been changed in connection with
the declaration that Division 2.3 is applicable. Air on machining, cleaning, coating,
and gluing of rubber and rubber products, weighing and mixing of rubber
compounds and processing of rubber, thermoplastics and polyester resin and
deseaming metal. This Amendment Decree will bring these activities under the
area of application of the general rules. These are activities which may involve
emissions to the air. The system from Division 2.3 Air has already been explained
in the explanatory memorandum on entry into force of the Activities Decree
(Bulletin of Acts, Orders and Decrees, 2007, No 415)
Finally, in Part S, the reference to NEN 2819 has been replaced by ISO 5713
because standard NEN 2819 has lapsed and the new standard that has taken its
place should be referenced.
Part T
The Activities Decree sets out requirements on total emissions of dust into the
air. Article 1.1(2) of the Activities Decree defines ‘S’ as total dust as referred to in
the NeR. However, until entry into force of this Amendment Decree, the Activities
Decree used the terms ‘S’ and total dust (totaal stof) interchangeably, even
though they always referred to total dust in the sense of the NeR. To prevent
confusion, wherever this Amendment Decree employs the term ‘total dust’, while
actually referring to total dust as referred to in the NeR, the term total dust is
replaced with ‘dispersion class S’ (‘stofklasse S’).
In connection with the incorporation of the BEMS into the Activities Decree and
the implementation of the Industrial Emissions Directive, the entry into force of
this Amendment Decree will impose requirements on total dust emissions into the
air for operation of a combustion plant. This case is atypical and does not concern
total dust in the sense of the NeR because the NeR does not address operation of
combustion plants. For this reason, the term ‘total dust’ shall be used in the
requirements instead of the term ‘S’. The term ‘total dust’ has not been defined:
it is assumed to be known.
Part W
Clause 1
This Amendment Decree amends Annex I, Part C of the BOR. As a result,
combustion of biomass in a combustion plant with a thermal capacity of 15
megawatts or less no longer automatically requires a permit. The intention here is
to incentivise use of biomass and reduce the administrative costs involved in
acquiring a permit.
Biomass may be waste in the sense of Directive 2008/98/EC of the European
Parliament and of the Council of 19 November 2008 on waste and repealing
certain Directives (Waste Framework Directive). If biomass must be regarded as
waste, then the environmental permit exemption only still applies if the
conditions set out in the BOR, Annex I, Part C, Category 28.10, sub 32, are met.
Given that these conditions also apply for Type C establishments, these
conditions have also been included in Article 3.10n. The conditions are discussed
in the explanatory notes to Article II.
Lapsing of the permit requirement for burning biomass that is also waste in a
combustion plant with a thermal capacity of 15 megawatts or less entails that this
activity can now be carried out in Type A and Type B establishments. However,
Type A and B establishments are subject to Article 2.14a which, prior to entry
into force of this Amendment Decree, entailed a prohibition on burning waste. If
Article 2.14a of the Activities Decree were to remain unchanged, then this
Amendment Decree would indeed still result in the establishment owners no
longer needing a permit to burn biomass that is also waste in a combustion plant
under certain conditions, but if the biomass being burnt is also waste, then it
would nevertheless be illegal to burn the waste. Now that general rules are being
drafted for burning biomass, a prohibition of this kind is no longer desirable.
Clause 2
It is permitted to compact non-hazardous residual waste produced at one's own
establishment. This will typically be handled in a press container. It is in fact
assumed here that Article 2.12(2) of the Activities Decree is satisfied before
compacting begins.
Part AA
With the lapsing of the term and corresponding concept of 'traditional shooting',
Article 2.18 of the Activities Decree clarifies the meaning of traditional shooting in
this Article.
Parts FF and MMM
Before entry into force of this Decree, Article 3.2.1 applied to operation of a
thermal power plant. This subsection has been replaced with a subsection on
operation of a combustion plant that is not large. Most of the regulations in this
new subsection on emissions to the air come from the BEMS. New Subsection
3.2.1 also sets out additional environmental requirements on operation of a
combustion plant that is not large.
A thermal power plant is a combustion plant. It is not desirable to have
regulations for combustion plants at difference places in the Activities Decree. An
effort has also been made to reduce the differences in the regulations on
combustion plants. For this reason, the regulations for operation of thermal
power plants (Subsection 3.2.1) and emergency generators (Subsection 4.8.7)
have been brought under the regulations for operation of combustion plants that
are not large.
On entry into force of the Decree implementing the Industrial Emissions Directive,
all IPPC establishments now fall under the category of Type C establishments.
This entails that the regulations included in Subsection 3.2.1 also apply to IPPC
establishments.
The air emissions requirements and the requirements on inspection and
maintenance that were included in the BEMS already applied to IPPC
establishments. Subsection 3.2.1 is however broader than the BEMS.
First off, Subsection 3.2.1 applies to more combustion plants than the BEMS. The
general explanatory notes already briefly discussed this, and this Part will provide
further details. Thus, for instance, it may occur that an IPPC establishment has a
combustion plant that is not large which was not previously subject to general
regulations but which will be subject to the regulations from the Activities Decree
on entry into force of this Amendment Decree.
In addition to this, Subsection 3.2.1 also sets out other environmental
requirements on operation of a combustion plant. These requirements did not
apply to IPPC establishments prior to entry into force of the decree.
Moreover, no transitional provisions for IPPC establishments have been included
for these new rules because the new regulations only specify the existing
practice.
It is assumed that the combustion plants which will be regulated under the new
Subsection 3.2.1 are always next to an IPPC establishment and never part of an
IPPC establishment. This entails that modifications to combustion plants regulated
by the new Subsection 3.2.1 can be handled by submitting a notification to the
competent authority. A permit change is not necessary.
Until entry into force of the Amendment Decree implementing the Industrial
Emission Directive into the Activities Decree, the definition of the term
‘combustion plant’ (stookinstallatie) in the Activities Decree read as follows:
‘combustion plants as referred to in the Decree on emission requirements for
medium-sized combustion plants (the BEMS)’.
A combustion plant in the sense of the BEMS is a boiler plant, gas turbine plant,
fluid power engine plant or a gas engine plant, including the facilities necessary
for plant operation (such as pipes) and the fixed facilities for cleaning flue gases
(such as flares and afterburners). The following plants fell outside of the area of
application of the BEMS and therefore outside of the definition of a 'combustion
plant' in the Activities Decree:
Plants in which the combustion gases are only used to dry or treat
products such as brickworks, baker's ovens, cement ovens, plants for roasting
ores, grass and green fodder drying houses, asphalt mixing plants, pelletisation
plants, glass ovens and the like
Air heaters, intended for (space) heating
Combustion plants where heat is transferred to thermal oil, with the
thermal oil serving as a medium for heat transfer
Process furnaces, which are combustion plants mainly used for purposes
other than heating water or steam
The Amendment Decree implementing the Industrial Emissions Directive in the
Activities Decree changed the definition of the term ‘combustion plant’. For the
sake of clarity, it was decided to use the definition of ‘combustion plant’ given in
the Directive from now on. However, the new definition of combustion plant is
broader than the definition of combustion plant in the BEMS. Since entry into
force of the Decree implementing the Industrial Emissions Directive, the
combustion plants mentioned above which use to fall outside of the area of
application of the BEMS and thus also outside of the definition of ‘combustion
plant’ in the Activities Decree now do in fact fall under the definition of
‘combustion plant’ in the Activities Decree. It is not the intention to bring vehicles
and (mobile) tools such as hoisting cranes under the area of application of the
Activities Decree.
In both the BEMS and in Environmental Protection Decree A on emissions
requirements for combustion plants (BEES A) the definitions for combustion
plants state that they also include the facilities necessary for operation of the
plant (such as pipes) and the fixed facilities for cleaning the flue gases. This is not
explicitly stated in the definition taken from the Industrial Emissions Directive.
However, the Industrial Emissions Directive also assumes that the necessary
facilities and any facilities for scrubbing exhaust gas belong to the combustion
plant. In connection with this, it is necessary to reference, for instance, Article 37
of the Industrial Emissions Directive on failure of facilities for cleaning exhaust
gas due to a fault. Therefore, linking up with the definition from the Industrial
Emissions Decree does not involve any change to the content.
Subsection 3.2.1 does not apply to large combustion plants. The meaning of
‘large combustion plant’ is defined in the Activities Decree in the implementation
of the Industrial Emissions Directive. Most large combustion plants fall under
Chapter 5 of the Activities Decree, which largely implements the Industrial
Emissions Decree. If the accumulation provision given in Chapter 5 is applicable
— which entails that when combustion plants which in principal do not fall under
Chapter 5 due to insufficient nominal capacity are cumulated, Chapter 5 may in
fact be applicable — then this is a large combustion plant for the application of
Subsection 3.2.1.
Large combustion plants not regulated in Chapter 5, such as coke ovens,
conversion of hydrogen sulphide into sulphur or Cowper stoves, also do not fall
under the scope of this subsection if they are 50 megawatts or greater.
Combustion plants that are not large which used to fall under the BEES A will fall
under Subsection 3.2.1 of the Activities Decree with the entry into force of this
decree. However, for these combustion plants, transitional provisions have been
included in Article 6.20 (new) of the Activities Decree. The BEES A still applies to
combustion plants that are not large which were installed and commissioned prior
to 1 April 2010. This is addressed in further detail in the explanatory notes on
Article 6.20.
Subsection 3.2.1 is not applicable to other combustion plants that fall under
Chapter 5.2 of the Activities Decree either. Some examples here would be waste
incineration plants or waste co-incineration plants. Before implementation of the
Industrial Emissions Directive, these plants used to fall under the Waste
Incineration Decree and outside of the BEMS. Therefore, this does not involve any
change in content.
Finally, it follows from Category 1.4 of Annex I, Part C, of the BOR that
Subsection 3.2.1 also does not apply to combustion plants greater than 20
kilowatts burning something other than natural gas, propane gas, butane gas,
biogas, liquid fuels (i.e. light petroleum oil, medium petroleum oil or gas oil as
referred to in Article 26 of the Dutch Excise Duty Act), biodiesel that meets NENEN 14214, wood pellets and biomass (for burning biomass in combustion plants
with a thermal capacity of less than 15 megawatts). After all, the permit
requirement applies in such cases. This means that if product residues are
burned, their burning is subject to permit requirements — just as before. In
practice, the permit will often link up with the emissions requirements included in
Subsection 3.2.1, as was previously done with the emissions requirements from
the BEMS.
It follows from the above that Subsection 3.2.1 is applicable, in principle, to
immobile combustion plants that are not large. However, not all articles in
Subsection 3.2.1 are applicable in full to all of these combustion plants. Article
3.7 indicates which Articles apply to which combustion plants.
Article 3.7
It follows from Clause 1 that the requirements on emissions to the air — including
the emissions requirements applicable due to the transitional provisions and the
requirements applicable to faults and emissions measurements — are applicable
to the combustion plants which were subject to the emissions requirements from
the BEMS prior to entry into force of this decree. The thermal power plants
already fell under the BEMS.
Additionally, as a result of Clause 1 and the new definition of ‘combustion plant’,
these regulations will also apply to:
boiler plants with a nominal capacity of between 400 kilowatts and 1
megawatt. Transitional provisions have been included for operation of these boiler
plants. This is discussed in further detail in the explanatory notes to Articles 6.20
to 6.20d (new).
Boiler plants that burn biomass with a nominal capacity of less than 400
kilowatts Transitional provisions have been included for operation of these boiler
plants. This is discussed in further detail in the explanatory notes to Articles 6.20
to 6.20d.
Experimental plants and emergency facilities were not subject to emissions
requirements under the BEMS. Based on Article 3.7(1), in Subsection 3.2.1, this
remains unchanged.
Operation of combustion plants for which air emissions requirements have not
been included, such as air heaters, stoves, and process furnaces, is subject to the
duty of care for the environmental aspect of ‘air’. If the competent authority
deems it necessary, custom regulations may be imposed based on the duty of
care.
It follows from Clause 2 that the emissions limit values and measurement
methods for nitrogen oxides (NOx) are not applicable if Title 16.3 of the Act
applies. This provision is in accordance with Article 1.3(2) of the BEMS. The
explanatory notes on this (Bulletin of Acts, Orders and Decrees, 2010, 547)
therefore also apply according. However, Article 1.3(2) of the BEMS does in fact
mention an exception, namely Article 2.1.5 of the BEMS. This exception has
lapsed because Article 2.15 of the BEMS is lapsing as a result of this Amendment
Decree. In short, Article 2.1.5 of the BEMS stipulated that emissions
requirements must be based on the best available techniques. However, this was
already established in Article 2.22(5) in conjunction with 2.14 of the Dutch
General Environmental Law Provisions Act. In addition to this, Article 2.1.5 of the
BEMS also stated that the competent authority could still impose NOx
requirements on combustion plants subject to Title 16.3 where required for local
air quality. This is set out in the second sentence of Article 3.7(2): If required for
local air quality, the competent authority may still impose custom regulations and
set NOx emissions requirements.
Clause 3 states that the regulations applicable to the environmental aspects of
water, soil and waste shall apply to all immobile combustion plants with a thermal
capacity of up to 50 megawatts.
This means that these conditions shall apply to at least:
Combustion plants which fell under the BEMS before entry into force of
this decree
Thermal power plants:
Boiler plants with a nominal capacity of less than 1 megawatt
Combustion plants which transfer heat to thermal oil
Combustion plants which are emergency facilities, such as emergency
generators (which fell under Subsection 4.8.7 of the Activities Decree until entry
into force of this decree)
Combustion plants used for experimental combustion techniques or
techniques to counteract emissions of sulphur dioxide (SO2), nitrogen oxides
(NOx) or total dust
Combustion plants such as air heaters, direct fired furnaces, stoves and
process furnaces
Clause 4 gives two provisions which only apply to certain thermal power plants.
This Article is in accordance with Article 3.7 (old) which addressed the scope of
the subsection on operation of a thermal power plant. A number of changes have
in fact been made with respect to Subsection 3.2.1. (old):
Article 3.7(4) (new) only pertains to the provisions on energy (provisions
3.9 and 3.10 (old) of the Activities Decree prior to entry into force of this decree).
The regulations pertaining to soil now apply to a much larger group of combustion
plants and fall under the scope provision of Clause 3, and the regulations on
external safety have lapsed because the regulations on inspection and
maintenance provide adequate assurance of the external safety of combustion
plants.
The lower limit of 100 kilowatts of nominal capacity has lapsed. This
requirement originated from the rules of the Gasunie on safe use of natural gas in
gas turbines. However these rules have been replaced by NEN-ISO 12789. This
NEN-ISO 12789 has been reincorporated into the SCIOS certification regulations.
The upper limit of 15 megawatts on total motor ability has lapsed. This
limit was based on the noise-related limit included in the BOR in Annex I, Part C,
Category 1.4, sub c. However, in practice no direct connection could be drawn
with the requirements, so these conditions could lapse.
The Articles are now also applicable to thermal power plants fired by a
fuel other than natural gas, propane gas or butane gas. Thermal power plants
fired with fermentation gas are not subject to the requirements of Clause 4 of
Article 3.7 of the Activities Decree. Plants of this kind must in fact strive to use
heat efficiently wherever possible. This falls under the duty of care.
Clause 5 addresses the scope of the regulations on inspection and maintenance of
combustion plants. In the BEMS, the area of application of these regulations was
already greater than that of the regulations giving requirements for emissions to
the air. Thus, in the BEMS, the requirements of Article 4.1 and 5.1 of the BEMS
also applied to boiler plants of less than 1 megawatt. This Amendment Decree
further expands the area of application of the regulations on inspection and
maintenance of combustion plants to include all immobile combustion plants with
a thermal capacity of less than 50 megawatts which are not emergency facilities
nor are used for research, testing, or demonstration of experimental incineration
techniques or techniques to counteract emissions of SO2, NOx or total dust. This
means that the regulations now apply to combustion plants such as air heaters,
direct-fired furnaces, stoves, and process furnaces. No transitional provisions
have been included for these requirements because it is assumed that the
regulations merely specify the existing practice.
Article 3.8
In accordance with Article 1.2(b) of the BEMS, Subsection 3.2.1 also applies if the
combustion plant is located in the Exclusive Economic Zone (EEZ), such as on
platforms. The explanatory notes on Article 1.2, sub b, of the BEMS on the
application of the regulations on combustion plants in the EEZ also apply in full
(Bulletin of Acts, Orders and Decrees, 2010, 547). It should be noted here that
Subsection 3.2.1 does not pertain only to requirements on emissions to the air,
but also regulates other environmental aspects and moreover is applicable to
more combustion plants (see under Subsection 3.2.1 General Information under
the heading Scope). These regulations are, however, not applicable to operation
of a combustion plant in the EEZ. This follows from Article 1.5a (new).
By virtue of Article 6.7(2) of the BEMS, Article 1.2, sub b, of the BEMS would not
enter into force until entry into force of the Act of 12 May 2011 amending the
Dutch Environmental Protection Act and various related acts (further elaboration
of Chapter 9) (Bulletin of Acts, Orders, and Decrees, 2011, 269). This Act sets
out the legal basis for the declaration in an order in council that this measure is
also applicable within the EEZ. The Act shall take effect on 1 January 2012.
Article 3.8 (new) of the Activities Decree can therefore take effect immediately.
Article 3.9
Division 2.3 of the Activities Decree is practically entirely excluded with regard to
operation of combustions plants for which this subsection sets emissions
requirements. Division 2.3 pertains to limit mass flows while the emissions
requirements to the air in the new Subsection 3.2.1 are based on installed
capacity. However, for substances not subject to requirements under this
subsection, such as mercury, it is possible to simply apply Division 2.3. Article
2.8(1 and 2) does in fact apply to operation of combustion plants subject to
emissions requirements under this subsection because these provisions pertain to
taking alternative measures.
Articles 3.10 and 3.10c to 3.10i
Articles 3.10, 3.10c to 3.10i are in accordance with Articles 2.1.1, 2.3.3, 2.1.2,
2.1.3, 2.1.4, 2.3.1, 2.3.2, and 2.3.4 of the BEMS. These provisions are explained
in the Bulletin of Acts, Orders and Decrees, 2010, 547. When copying these
provisions to the Activities Decree, a number of editorial changes were made and
some omissions were corrected. Thus, for instance, the emissions requirements
from the Articles of the BEMS have been converted into tables for the sake of
legibility and linking up with the implementation of the Industrial Emissions
Guidelines. In addition to this, editorial changes were also made to Article 2.3.3
of the BEMS, which was converted into Article 3.10c in connection with the
implementation of the Industrial Emissions Directive. In terms of content,
however, no changes have been made.
Moreover, in Article 3.10, the correction factor for emissions of NOx was adjusted.
In order to make the emissions requirements for natural gas-fired boilers in the
BEMS also adjustable for other gaseous fuels falling under the Activities Decree, a
correction factor for the combustion value was added for the NOx emission
requirement for gas-fired boilers in Article 2.1.1(5) of the BEMS. However, the
wording inadvertently expressed the combustion value in kilograms instead of in
the normal cubic metres, as was intended. This made the correction factor far too
small. This has been corrected in Table 3.10.
In short, the emissions requirements included in Articles 3.10d and 3.10f apply to
gas engines and gas turbines. The BEMS stated that a gas engine or gas turbine
in a combined cycle with a boiler to which substantial volumes of combustion air
are supplied shall not be considered to be a gas engine/turbine. This has been
changed. The basic premise is that, in such cases, the plant must meet the
emissions requirements for a boiler plant.
Article 3.10a
Article 3.10a includes the emissions requirements for boiler plants with a nominal
capacity of between 400 kilowatts and 1 megawatt (the ‘small’ boiler plants).
Certain small boiler plants were subject to the Decree on Type Approval of
Heaters for Nitrogen Oxide Air Scrubbing (the Btvls) until entry into force of this
Amendment Decree. By entry into force of the BEMS, it had already been
indicated that it had been decided to transfer the NOx emissions limit values from
the Btvls over to an order in council incorporating the 2003 Building Decree and
the Usage Decree. However, it was decided, primarily for the sake of clarity and
legibility, to regulate all environmental aspects in the Activities Decree for the
operation of small boiler plants within establishments. From now on, and
certainly so after entry into force of the implementation of the Industrial
Emissions Directive, all environmental requirements for operation of combustion
plants will be in a single decree. Therefore, operation of these small boiler plants
will henceforth fall under the Activities Decree.
Previously, only the NeR applied to boiler plants with a nominal capacity of
between 900 kilowatts and 1 megawatt. This Amendment Decree also regulates
the environmental aspects for operation of this group of boiler plants within an
establishment. This removes the distinction between operating a boiler plant with
a nominal capacity of less than 900 kilowatts and of a boiler plant with a nominal
capacity of between 900 kilowatts and 1 megawatt in an establishment.
The emissions requirements link up with the previously applicable emissions
requirements for boiler plants on the basis of the BEMS wherever possible. In
this, the size of the plants was taken into account. For instance, on certain points,
less stringent requirements will apply to small boiler plants compared to large
boiler plants.
Article 3.10b
Article 3.10b includes the emissions requirements for boiler plants fired with
biomass, regardless of whether it is also waste, with a nominal capacity of less
than 400 kilowatts.
No air emission requirements are set on operation of a boiler plant with a nominal
capacity of less than 400 kilowatts that burns other fuels. Where permit
requirements do not apply, operation of these boiler plants falls under the duty of
care. If necessary, the competent authority can impose custom regulations based
on the duty of care.
Within the framework of Directive 2009/125/EC of the European Parliament and
of the Council of 21 October 2009 establishing a framework for the setting of
ecodesign requirements for energy-related products (the Ecodesign Directive),
work is underway in Europe on product requirements for plants of less than 400
kilowatts. After the first consultation round a proposal was made in the Ecodesign
framework for a NOx emission requirement for oil-fired and gas-fired boilers (EU,
2009). Once the Directive has been amended and implemented, emissions
requirements will apply, via the product requirements, to the boiler plants.
Boiler plants with a nominal capacity of less than 400 kilowatts that are fired with
biomass will however be brought under the Ecodesign Directive. For this reason,
air emissions requirements are given in this decree for operation of these
combustion plants.
Article 3.10j
Clause 1 of Article 3.10j states that compliance with emissions limit values must
be demonstrated by means of measurements. This also concerns the emissions
limit values included in the transitional provisions (Article 6.20, 6.20a, and
6.20b). It was already stipulated in the BEMS that measurements be used to
demonstrate compliance with the emissions limit values included in the BEMS.
The conditions which the measurements must meet are given in the Activities
Regulation. This is specified in Article 3.10j(3). In the Activities Regulation, the
requirements that were in the BEMS in Chapter 3, Article 2.3.2 and in the
Environmental Protection Implementation Regulation on emissions requirements
for medium-sized combustion plants are largely placed in the Activities
Regulation. In accordance with Article 3.4 of the BEMS, it is indicated in Article
3.10j(3) that requirements may also be set in the Activities Regulation on the
calculation, recording, and reporting of measurements.
Article 3.1.3 of the BEMS is copied to Clause 2 of Article 3.10j. Given that
measurement is not necessary in the case mentioned there, the measurement
requirements included in the Activities Regulation are not applicable to this group
either. Groningen natural gas used in a combustion plant is supplied over the
regular natural gas grid. In this case, it is always assumed that Clause 2 has been
met and that measurement of sulphur dioxide is not necessary. For liquid and
solid fuel, it generally applies that if the sulphur content is less than 0.1 per cent
by weight, then the emissions requirement is not exceeded. For this reason, it is
also not necessary in these situations to perform an SO2 measurement to
demonstrate adherence to the emissions requirement. Clause 2 applies to these
situations if calculation of the SO2 emission concentration shows, on the basis of
the fuel composition, that the emissions requirement is not exceeded.
Given that the emissions limit value will now also apply to operation of a number
of different combustion plants, such as boiler plants between 1 megawatt and
400 kilowatts, this provisions shall now also apply to these combustion plants.
The requirements set on measurement of emissions limit values therefore apply
not only to combustion plants that already fell under the BEMS, but also to
combustion plants to which the emissions limit values initially applied.
Articles 3.10k to 3.10o
Emissions to the air is not the only environmental aspect of relevance to
operation of a combustion plant. Other environmental aspects are also relevant.
Some other examples would be discharge of displacement water, noise
originating from the combustion plant, odour (particularly for wood-fired
combustion plants), external safety, soil and, in the case of burning biomass,
waste.
For the environmental aspects of noise, odour and external safety in the
operation of a combustion plant, this Amendment Decree does not include any
specific requirements.
The majority of the combustion plants which may produce noise pollution result in
permit requirements under Annex I, Part C, Category 1.4, sub c, of the BOR for
the establishments where they are located. For Type C establishments, noise
regulations can be imposed in the permit. In cases of noise pollution from a
combustion plant without electric motors or combustion engines with a total
installed motor ability of 15 megawatts, the competent authority, if necessary,
may impose custom regulations based on the duty of care. The expectation is
that this shall only occur to a limited degree.
Combustion plants may have an odour impact. However, it is expected that this
will basically only occur in combustion plants fired with biomass, especially wood.
In such cases, if necessary, the competent authority may also impose custom
regulations under the duty of care.
Combustion plants may also impact external safety. No specific requirements
have been included for this environmental aspect because the regulations on
inspection and maintenance provide adequate assurance of the external safety of
combustion plants and storage of certain fuels is already regulated in the
Activities Decree and Regulation. Therefore, the provisions regarding external
safety for operation of a thermal power plant in Type A, B, or C establishments
have lapsed. In connection with external safety, production of biogas does in fact
remain subject to permit requirements and only operation of a combustion plant
fired with biogas is exempted from the permit requirement.
As for the discharge of water, the Article that was previously in Article 4.19 of the
Activities Decree has been moved to Article 3.10k. The regulations on discharge
of displacement water already applied to operation of combustion plants as
referred to in the BEMS in Type A and B establishments. The scope of these
existing regulations has been expanded. By virtue of Clause 3 of Article 3.7, these
regulations are now applicable to most combustion plants that are not large. No
transitional provisions have been included for these requirements because it is
assumed that Article 3.10k only specifies the existing practice.
The requirements set on drainage of the steam boiler have not been changed.
The regulation is exhaustive. Therefore, it is not possible for the competent
authority to draft custom regulations on discharge of displacement water based
on the duty of care.
Article 3.10n sets conditions on burning of biomass that is also waste in a
combustion plant. This Amendment Decree removes this activity from the permit
requirements. The conditions given in Article 3.10n are explained in the
explanatory notes for Article II, Part F. If the conditions are not met, then the
establishment requires a permit by virtue of the BOR, Annex I, Part C, Category
28.10, under 32, and burning of biomass in a combustion plant is not permitted if
it is also waste as per Article 3.10n.
Article 3.10o is a delegating provision. Article 3.10o states that the Activities
Decree sets out exhaustive required measures for soil protection. These required
measures already applied to Type A, B, and C establishments with an operational
thermal power plant or for A or B establishments with an operational emergency
generator. However, Article 3.10o pertains to more than just emergency
generators and thermal power plants. By virtue of Clause 3 of Article 3.7, these
regulations are now applicable to most combustion plants that are not large. No
transitional provisions have been included for these requirements because it is
assumed that provisions in or by virtue of Article 3.10o only specify the existing
practice.
The requirements that were in Articles 3.9 (old) and 3.10 (old) prior to entry into
force of this decree were copied to Articles 3.10l and 3.10m on energy savings for
operation of thermal power plants. No changes have been made to the content of
these Articles. Just as before the entry into force of this Amendment Decree,
Articles 3.10l and 3.10m are only applicable to certain thermal power plants. The
scope of these provisions has already been explained above in this Part.
The requirements set on combustion plants for the aforementioned environmental
aspects of discharge, soil and burning of waste are not applicable to combustion
plants located in the Exclusive Economic Zone (EEZ). This follows from Article
1.5a of the Activities Decree (new). After all, in the case of platforms, it is difficult
to meet the imposed soil protection regulations.
Article 3.10p
This Article specifies that practically all combustion plants that fall under the
scope of Subsection 3.2.1 (new) must meet the requirements that will be
included in the Activities Regulation pertaining to inspection and maintenance.
Based on Articles 4.1 and 5.1 of the BEMS, some of these combustion plants were
already subject to the requirements on inspection and maintenance, namely gas
turbines, gas engines, diesel engines, and boiler plants. However, these
requirements are new to operation of combustion plants such as those
transferring heat to thermal oils, air heaters, stoves, process furnaces, and
emergency power facilities.
The required inspection and maintenance guarantee that these combustion plants
are also inspected regularly for safe functioning, optimal burning and energy
efficiency. The requirements on inspection and maintenance are set out in the
ministerial regulation.
Part GG
Article 3.12 of the Activities Decree states that a company emergency plan must
be present for
establishments operating Category B and C gas pressure measurement and
control stations. However, some companies must already meet equivalent
requirements based on other regulations (such as the Serious Accident Risk
Decree). This change was included to avoid regulatory redundancy.
Parts HH and MMM
This Part moves Subsection 4.2.2 Operation of a cooling system to Subsection
3.2.6. The general section has already addressed movement of regulations for
activities from Chapter 4 to Chapter 3.
Moreover, this Part adds a new subsection to the Systems division, namely
Subsection 3.2.7 on operation of a point heating system. Systems of this kind
primarily occur in establishments for railway vehicles and on railway yards. There
are various methods for heating the points, including gas-fired point heating,
electrical point heating and a point heating system consisting of a closed system
of tubes filled with an antifreeze product (such as glycol) or a heated oil.
Subsection 3.2.7 only pertains to point heating systems with liquids that are
hazardous to the soil. Operation of gas-fired and electrical systems is subject to
the duty of care. If necessary, the competent authority can impose custom
regulations on the use of these systems.
Operation of a point heating system with a liquid substance that is hazardous to
the soil entails that provisions or measures must be implemented to ensure a
negligible level of risk to the soil. Article 3.16f contains the basis for including
new measures in the Activities Regulation. If the point heating system is
implemented as a closed system, then the Dutch Soil Protection Directive (NRB)
does not prescribe any provisions, such as a water-repellent or waterproof floor.
Thus the soil protection measures primarily consist in ensuring system inspection,
maintenance and management. This line taken by the NRB is followed in the
Activities Regulation.
Parts JJ to MM
The scope of Subsection 3.3.1 is being expanded. The existing regulations on the
supply of liquid fuel will also become applicable to the supply of liquid fuels for
railway vehicles.
Parts NN and OO
The scope of Subsection 3.3.2 is being expanded. The existing regulations on
washing motor vehicles will therefore also become applicable to washing railway
vehicles or parts thereof.
‘Washing railway vehicles’ shall also mean removal of graffiti. It is preferable for
the graffiti to be removed at the regular railway vehicle washing site. However, it
is important that graffiti be removed from the railway vehicle as quickly as
possible because this will reduce consumption of cleaning products. In order to
ensure prompt washing of the railway vehicle, a mobile washing system may be
employed. Plastic mats are usually used for absorption when removing graffiti.
The Regulation contains provisions for achieving a negligible level of risk to the
soil when using a mobile system. Residues from the gels used to remove graffiti
must be disposed of as solid waste. This falls under the duty of care. After careful
removal of the gels, it is in fact permitted to discharge the final rinse water into
the sewer.
Parts PP and VV
This Part moves Subsection 3.4.4 to Division 3.3, Activities with vehicles and
vessels. No changes have been made to the content.
Part QQ
This Part renumbers Subsection 4.6.2 Offering parking places in a car park and
Article 4.8.2 Offering mooring places for mooring of pleasure craft to Subsections
3.3.4 and 3.3.5. The general section has already addressed movement of
regulations for activities from Chapter 4 to Chapter 3.
Incidentally, Article 3.26f also originates from Subsection 4.6.1. This subsection
refers to Subsection 4.6.2. In connection with the movement of Subsection 4.6.2
to Chapter 3, this reference could not be left intact and the provision in question
was placed in Subsection 3.3.4 (new).
Parts RR and SS
Moreover, the scope of Subsection 3.4.2 is being expanded. The heading of the
division was amended in connection with this.
Articles 3.29 and 3.30
The expansion of the scope of the subsection primarily involves some commonly
used organic substances. This pertains to substances classified under the ADR
system as ADR class 3 (flammable liquids). These organic substances have two
hazardous aspects: they are a fire hazard and a soil hazard. No other hazards are
associated with these liquids. The provision is based on the systematic names.
Butanone (or 2-butanone) is often called MEK or methyl ethyl ketone. Ethyl
ethanoate is usually called ethyl acetate. 4-methyl-2-pentanone is usually called
methyl isobutyl ketone or MIBK. 2-propanol is usually designated as isopropyl
alcohol or IPA. Finally, propanone (or 2-propanone) is the systematic name for
acetone.
The area of application of the provision is also expanded to include liquids
hazardous to the soil which are not hazardous substances or CMR substances.
One example of a substance of this kind is brine.
Division 2.10 of the Activities Decree has not been adjusted. After entry into force
of this decree, just as before, financial certainty only applies to liquid fuel and
used oil.
Article 3.30a
There is often a storage facility for organic solvents at the establishment. With
respect to external safety, the main risk is that a fire will start when filling the
storage tank or drawing from the storage tank. Organic solvents are flammable
substances but are not so liquid that they may result in pool fires as can occur
with other liquids. Therefore, adequate risk control is ensured at a distance of 20
metres from vulnerable objects.
Given that not all storage tanks currently installed meet the 20-metre
requirement, transitional provisions have been included in Article 6.24u of the
Activities Decree (new). For existing situations, Article 3.30a does not apply until
1 January 2016.
Part TT
This change is intended to clarify which goods do not fall under these
subsections. The old text accomplished this by making a reference to other
subsections. It detailed which goods fell under other subsections so that the text
can be read independently.
‘Liquids hazardous to the soil’ only includes liquids such as used oil. These liquids
fall under Subsection 3.4.2. (for storage in an underground storage tank), 4.1.1.
(for storage in packaging) or 4.1.3. (for storage in an above-ground storage
tank). Goods such as dredging spoils or street sweepings, consisting of water with
a high concentration of undissolved elements, are not liquid and therefore fall
under this subsection: Storage and Transfer of Goods
Goods which do fall under the subsection are generally inert goods, goods that
leach and goods from which liquids leak.
Part UU
Since 1 July 2011, the Activities Decree has contained a definition for PAHs.
Therefore, it is no longer necessary to include a summary in Table 3.34 of Article
3.34(3). This change replaces the summaries in the aforementioned table with
PAHs.
Parts WW and KKK
This Part renumbers Subsection 4.1.6 Filling of gas canisters with propane and/or
butane to Subsection 3.4.8. The general section has already addressed
movement of regulations for activities from Chapter 4 to Chapter 3.
Subsection 3.4.9 regulates storage of gas oil, lubricant, or used oil in an aboveground storage tank. According to the Dutch Excise Duty Act, gas oil is simply
called ‘diesel’ at the pump, but it also includes domestic fuel oil, for instance.
Article 3.54c, sub a and b, gives the limits on storage of gas oil and used oil
relevant for the permit requirement from the BOR, Annex I, Part C, Category 5.4,
sub b and c.
Clause 2 was previously included in Article 4.13(3). However, because this is a
curtailment of the area of application of the subsection, it belongs in this
provision.
The addition of ‘or a storage tank above a body of surface water’ has been
scrapped because it already follows from the new definition of ‘above-ground
storage’ tank that a storage tank above surface water falls under this concept.
Part XX
This Part adds 3 divisions.
Division 3.6 Foodstuffs
Three subsections have been added in Division 3.6. Two subsections (3.6.1
Preparation of foodstuffs and 3.6.2 Slaughter of animals, carving of meat or fish
or processing of animal products) were originally in Chapter 4 (Subsections 4.8.3
and 4.8.4). The general section has already addressed movement of regulations
for activities from Chapter 4 to Chapter 3.
The third subsection (Subsection 3.6.3 Industrial production or processing of
foodstuffs and beverages) is new.
Although, in principle, Subsections 3.6.1 and 3.6.2 only move rules from Chapter
4 to Chapter 3, the scope of these subsections shall be explained in further detail
in these explanatory notes, for the sake of clarity.
Subsection 3.6.1 Preparation of foodstuffs and Subsection 3.6.2 Slaughter of
animals, carving of meat or fish or processing of animal products
Article 3.130 regulates the scope of subsection ‘Preparation of foodstuffs’.
The designation ‘the preparation of foodstuffs’ is intended to include activities on
the smallest scale. This includes preparation of foodstuffs for direct consumption
in canteens/cafeterias, the hotel and catering industry and professional kitchens
in establishments (such as care institutions, cafeterias in large office buildings),
including preparation for onsite consumption (snack bars, take-out restaurants
and catering companies). This also includes preparation of foodstuffs at
slaughterhouses and small bakeries, and official preparation of foodstuffs,
including, at any rate, preparation by traditional methods.
The type of equipment used determines whether ‘preparation of foodstuffs’ is
taking place. If the only kitchen equipment used is also used in homes, then this
activity is applicable and only subject to minimal regulations.
‘Preparation of foodstuffs’ also includes situations in which professional kitchen
equipment or mass catering equipment is used. The term ‘mass catering’ is used
for professional kitchens in the hotel and catering industry and at establishments.
The equipment used in professional kitchens is a bit larger than domestic
equipment and there are special suppliers for it. The term ‘mass catering’ is an
established term in the field, although it is scarcely heard in daily usage. Mass
catering equipment comes in both electrical and gas-fired variants. In terms of
capacity, the range of mass catering equipment tops out at around 80 kilowatts.
The heaviest mass catering appliances are pasta cookers for canteens or modular
kitchens at snack bars. For preparation of foodstuffs with mass catering
equipment, measures must be taken against odour nuisance and damage to the
sewer.
Finally this activity also pertains to small and medium-sized bakeries who only
bake with batch ovens. Large bakeries working with conveyor ovens fall under
Subsection 3.6.3. Industrial production or processing of foodstuffs or beverages.
Given the limited scope of this activity, this cannot involve an IPPC system. These
activities may in fact occur in addition to operation of an IPPC system, such as in
a cafeteria for a large industrial company.
Article 3.133 regulates the scope of Article ‘Slaughter of animals, carving of meat
or fish or processing of animal products’. This subsection pertains specifically to
production and processing of meat and fish and includes:
- traditional slaughter. A maximum volume of 10 000 kilograms of live weight per
week has been set for this activity. This also follows from the permit requirement
(Annex I to the BOR, Part C, Category 8.3, sub g).
- Carving of meat or fish: the regulations for meat only apply to carving from
carcasses or carcass parts. Regulations apply to meat carved in smaller volumes.
Heating of meat or fish does not fall under this activity, but rather under
preparation of foodstuffs with use of (mass) catering equipment or production
and processing of foodstuffs with use of larger systems.
- Processing of organs: organs separated during slaughter are further processed
in specialised companies which, in addition to carving, also perform pickling.
Organs are also cooked (small scale).
- Cooking, heating and pickling of animal by-products: animal by-products which
are separated when carved from carcass parts or traditional slaughter are often
boiled down or heated as well. Some parts, such as skins, are pickled.
The only part of this activity that is limited in volume is slaughter. For the other
three processes, the system may be an IPPC system if the activity is carried out
at sufficient volumes. In principle, this applies to meat processing capacities of 75
tonnes per day and up.
Subsection 3.6.3 Industrial production or processing of foodstuffs or beverages
Article 3.137
This Article regulates the scope of Subsection 3.6.3. Industrial production or
processing of foodstuffs or beverages. Industrial activities in the foodstuffs
industry fall under this third subsection of Division 3.6 Foodstuffs. As a result of
this Amendment Decree, these activities are also regulated with general rules.
Industrial production of foodstuffs or beverages covers production or processing
of foodstuffs other than those indicated under Subsections 3.6.1 and 3.6.2. This
may involve all manner of activities with vegetables and fruit, meat products,
snacks, sauces, herbs, and spices, etc. Large bakeries that produce with conveyor
ovens also fall under this activity.
Combustion plants used for this activity are generally medium-sized combustion
plants subject to the regulations of Subsection 3.2.1 (new).
If this activity is of adequate volume, then the plant may be an IPPC plant. The
threshold varies between 75 and 300 tonnes per day, depending on the quantity
and composition of the product being processed.
Extraction of plant oils and refinement of greases, production of starch and sugar,
and production of alcohol have been excluded from the area of application. These
are processes that are only carried out (on an industrial scale) at IPPC
establishments. If a company is going to carry this out below the thresholds of
the Industrial Emissions Guidelines, then additional regulations are needed for
this subsection.
In addition to this, processing of crops with the aim of sorting, transporting and
packaging them has not been brought under the general rules. For waste water
that is released from this, the permit requirement still applies to discharge onto
bodies of surface water.
Article 3.138
In light of Directive 2000/60/EC of the European Parliament and of the Council of
23 October 2000 establishing a framework for the Community action in the field
of water policy (OJ L 327) (the Water Framework Directive), the local situation
must be taken into account in establishing discharge requirements. Therefore, a
water permit will still be required for discharge into non-designated bodies of
surface water, which may be generally regarded as vulnerable. With regard to
designated bodies of surface water, discharge is permitted under the limitations
given in this Article.
Clause 2 prescribes testing of substances and preparations according to the
General Assessment Methodology (Algemene Beoordelingsmethodiek — ABM).
The ABM is described in the memorandum ‘Assessment of substances and
preparations for execution of the water emissions policy’ (Het beoordelen van
stoffen en preparaten voor de uitvoering van het emissiebeleid water) by the
Integral Water Management Board (CIW). The ABM divides substances and
preparations into three categories: each category is associated with a ‘desired
purification effort’ (A, B, or C).
There are no general rules available for assessment of discharges of Type A
substances. Thus, this must also be regulated by means of custom regulations.
This also applies for Type B substances discharged without undergoing organic
purification. The water quality manager advises the competent authority on the
permissibility of such discharges and justifies the recommendation based on the
aforementioned assessment system and the immissions test described in
memorandum ‘Emission/immission, prioritisation of sources and the immissions
test’ (Emissie-immissie, prioritering van bronnen en de immissietoets) by the
Integral Water Management Board. If organic purification is not necessary or
economically viable due to the volume or nature of the activities, then the
competent authority could grant permission, by means of custom regulations, to
discharge biodegradable substances of Type B with an acute toxicity of 10mg/l or
less (substances from categories B5 and 7 of the General Assessment
Methodology (ABM)).
The emissions limit values included in Clause 4 are based on the state of the art
according to the BAT REFerence document (BREF) on foodstuffs and dairy and on
existing discharge requirements in permits for discharge into designated bodies of
surface water. The concentrations are determined from a single sample. This
means that the aforementioned discharge requirements are higher than would be
found on average in the waste water discharged from the regular operating
process set up using the best available techniques.
The concentrations of copper, zinc, phosphate, and nitrogen in surface water do
not meet the targets of the Water Framework Directive in all cases. The discharge
requirement included is grafted onto a negligible impact on background
concentrations. With custom regulations, the water manager may liberalise the
discharge requirements if the water quality permits such, or tighten them, if
necessary in order to meet water quality targets. In either case, the decision
must be accompanied by a detailed justification.
In general, it applies that if substances are not regulated in regulations for the
activities, then requirements can be set on this in custom regulations by virtue of
the duty of care (Article 2.1 of the Decree) if necessary in the interests of the
environment, in this case the quality of the surface water. This may be the case
for the substance chloride or for the acidity level (pH).
It is possible for local circumstances to warrant upward adjustment of the
requirements mentioned in Clause 4. Based on Clause 5, the water manager has
the authority to include this in a custom regulation with justification. Peas and
beans contain zinc and leafy vegetables contain copper. When processing these
vegetables, these metals are released in higher concentrations. Because
processing of vegetables is seasonal, custom regulations may also permit higher
discharge requirements for a certain period of time. Stricter discharge
requirements may also be necessary in relation to the quality of the receiving
body of surface water. Provided adequate justification is given, the competent
authority can include stricter discharge requirements in a custom regulation.
Article 3.139
Article 10.29a of the Wm gives the preferred order for removal of waste water.
This Article states, sub d: ‘household waste water and, where efficient and costeffective, waste water of corresponding biodegradability, is collected and
transported to an establishment as referred to in Article 3.4 of the Dutch Water
Act (Waterwet).’ The establishment mentioned here is a purification plant under
the management of the district water board.
According to the preferred order, industrial waste water corresponding to
household waste water is preferably discharged into the sewer, under the
precondition that this is efficient and cost-effective. This precondition has been
added to Article 10.29a of the Wm with the amendment by Van Heugten and
colleagues, the explanatory notes for which state that this addition is intended to
enable companies to purify their own waste water or process it in another
manner.
For the foodstuffs industry, this means that, without prior purification, the waste
water is preferably discharged into the sewer and that deviations from this are
possible if the company deems it efficient and cost-effective to proceed
otherwise.
The Municipal Duty of Care
Unpurified discharge into the sewer is preferred. The result of this, is that the
municipal duty of care also applies to this discharge. By virtue of Article 10.33 of
the Wm, municipalities have a duty of care with respect to collection and
transport of municipal waste water. Municipal waste water is household waste
water or a mixture between this and industrial waste water, run-off rainwater,
groundwater, or other waste water.
This duty of care entails that the municipality (in conjunction with the manager of
a sewage treatment plant (RWZI)) must in principle offer the option for a
foodstuffs company to provide its waste water to the municipality and then the
sewage treatment plant. This means that the municipality must retrieve the
waste water from the company or install a sewer up to the boundary of the lot. A
reasonable effort may be expected on the part of the company to bring the waste
water to the sewer or directly to the sewage treatment plant. In current practice,
it is also already the case that companies being newly set up on sites where no
sewers are present (yet) cover the costs for installation of these sewers
themselves to a considerable degree.
It may also occur that the sewage treatment plant has inadequate capacity to
process the waste water from the foodstuffs company being set up. A company’s
desire to set up shall not result in a required expansion of the communal sewage
treatment plant, as this would result in unreasonable public costs. In such cases,
this is an issue which must be addressed in the decision-making process to
determine whether or not to set up the company at a particular location.
A company may opt to take on waste water treatment itself, such as by means of
anaerobic purification in biogas production. Treatment of waste water must meet
the customary conditions in the interests of the environment (the best available
techniques). However, in this case there remains a type of waste water that is
not yet suitable for discharge into the environment, such as the surface water,
but which no longer corresponds to household waste water in terms of
biodegradability.
This is industrial waste water just like any other industrial waste water, for which
the company itself bears primary responsibility. Given that water that
corresponds to household waste water in terms of biodegradability is no longer
waste water, the municipal duty of care no longer applies! Thus, this waste water
can in fact still be discharged to the sewer (with explicit approval from and under
conditions stipulated by the competent authority), but the municipality does not
have to accept the duty of care.
Refusal of Discharge into the Sewer
The municipality may have arguments as to why it does not want to accept this
waste water. In this, the municipality must also protect the interests of the
district water board as manager of the purification plant. Both quantitative and
qualitative aspects may play a role in the grounds for refusal. Quantitative
reasons may be that the capacity of the public sewer is inadequate for the
expected discharge volume, or that the purification plant where the discharge
would end up cannot handle the volume (inadequate hydraulic capacity).
Qualitative reasons may be that pre-treatment of waste water results in a
composition with an adverse impact on efficient functioning of the purification
plant. The manager of the purification plant may provide a detailed justification.
The composition of municipal waste water meets the following average ratios:
Maximum ratio of m3/IU
= 0.35
Maximum ratio of COD/P-total
= 50
Maximum ratio of COD/N-total
=8
Maximum ratio of COD/BOD5
=3
If the waste water from the foodstuffs company discharged into the sewer is in
accordance with this composition, then the efficient functioning of the purification
plant will in general not be adversely impacted.
In specific situations of course, this need not always result in refusal of the
discharge. Typically, certain measures taken within the company may also result
in a satisfactory solution. However, these measures will depend on the local
situation and must be determined in consultation with the competent authority,
the manager of the sewer, the municipality, and the manager of the purification
plant and must be set down in a custom regulation by virtue of the Activities
Decree.
The municipal duty of care for collection of waste water is limited to unpurified
waste water: in cases of pre-treatment by the company, the company bears
primarily responsibility for the waste water.
If a foodstuffs company opts to treat its own waste water, then it shall be
responsible for its removal itself. Discharge into the environment, surface water
or soil is preferred, all subject to the requirements in the BREF. This will require a
considerable effort.
Discharge after pretreatment at the company into the sewer is only permitted
with the explicit approval of and under the conditions set by the competent
authority. In such cases, this will be set out in a custom regulation by virtue of
the Activities Decree.
Given the effort involved in enabling direct discharge into surface water,
discharge into the sewer will be the obvious choice. However, decisive local
factors may be in play which render this discharge impossible or which set
extreme conditions on it. In this case, post-treatment to make it suitable for
direct discharge will again be an option, along with the option to discharge
untreated water into the sewer.
In principle, organic purification prior to discharge into the sewer is not permitted
in new cases. However, deviations from this are possible in custom regulations.
See the best available techniques for waste water.
When processing oil, fat, dairy, meat, or fish, at least a grease separator is
required in order to discharge waste water into the sewer. New separators must
meet the new NEN standard; the old NEN standard still applies to existing
separators.
According to the NEN standard, the method for selecting the size of a separator
for waste water from meat processing must be adjusted. In order to examine
whether the separator is still adequate in cases of subsequent changes in
operational management, it is requested that it be possible to document the
procedure for this in a report.
Flocculation is not being incorporated into the regulations because there are
different variants of this technique with no norm or standard, as with grease
separators. Incidentally, the most common forms of flocculation are (more than)
equivalent to a grease separator. The transitional provisions ensure that existing
companies which use flocculation will not need to meet the grease separator
regulation. For new situations, flocculation may be permitted as an equivalent
provision, provided that the company reports the precise final configuration of the
flocculation to the competent authority.
Cleaning and Decontamination Products Used
The products used are typically combined cleaning and decontamination products.
The products used must be permitted under the Dutch Biocides Act
(Bestrijdingsmiddelenwet). In granting permission, the Plant Protection Product
and Biocides Authorisation Board (the CTGB) assesses the environmental impact
of the products during normal use. In the meats sector, normal use means that
the product is dosed and applied and, after use, is discharged into the sewer in
accordance with the instructions for use.
For the products used this means that it can be assumed that the environmental
impact of discharge into the sewer has been adequately assessed, so, by virtue of
this decree, no further information needs to be requested or additional
requirements imposed. The conditions here are that:
o The products are permitted under the Dutch Biocides Act, and
o The products are applied in accordance with their instructions for use.
Permission and instructions for use can be viewed at www.ctgb.nl.
If enforcement issues are identified due to negligent use of the products, it is
recommended to first examine the official instructions for use. In the event of
problems, adherence to the instructions for use can be enforced under the duty of
care.
If a company is considering requesting a custom regulation for discharge of these
products into the soil of surface water, this will generally require an additional
substance evaluation. Incidentally, discharging these substances to the soil or
surface water is not a foregone conclusion.
Finally, one further point of attention is that, in the past, products containing
Ethylenediaminetetraacetic Acid (EDTA) were permitted. EDTA is a substance that
causes problems in surface water This is also the case with discharge into the
sewer. The latest generation of permitted cleaning products no longer contains
EDTA. Given the harmfulness of the substance and the fact that there are
sufficient EDTA-free products available, it is desirable to discontinue use of EDTA.
Companies are advised to screen the products they are using and to cease
purchasing any products containing EDTA. Suspending use of EDTA falls under
the general duty of care (Article 2.1 of the Decree).
Article 3.140
This Article gives a regulation on odour for the foodstuffs industry. The general
policy principle is to avoid any new nuisance. For existing situations, an approach
is being outlined to restrict nuisance to an acceptable level. The decision as to
what degree of odour nuisance is acceptable falls to the competent authority. The
basic principle for odour from industrial sources can also be found in the Dutch
Air Emissions Directive (NeR), Article 2.9.
New situations
If a new foodstuffs company sets up on a site, then the aforementioned general
policy principle on avoidance of new nuisance applies. These details are as
follows.
a.
It is the zoning plan, not the environmental regulations, which determine
the choice of location. The zoning plan must indicate where companies
with a large nuisance contour are permitted to set up.
b. A new company must avoid new odour nuisance.
c. In the notification, the company provides information on how this basic
condition will be met. No further requirements are placed on the form of
this information.
d. Based on the notification, the competent authority may request an odour
study if a reasonable case can be made that odour nuisance may actually
still occur.
e. The competent authority may (at the company’s request) allow a greater
degree of odour nuisance in custom regulations. This must be based on
local policy and may never exceed an acceptable level of odour.
f. In addition to the nuisance level, the custom regulations may also
prescribe specific measures that are necessary in order to achieve the
prescribed nuisance level.
This principle is set down in Article 1.17 and Clauses 1 and 2 of Article 3.140.
Removal of Waste Water
Removal of waste water is another aspect relevant to the selection of a location
for setting up a foodstuff company. The waste water flow may play a relevant role
in any situation involving discharge to the sewer. In large companies, the
expected discharge volume will be so high that it makes up a substantial portion
of the municipal waste water and therefore directly affects the sewage and
treatment systems. It is vital that these factors be taken into consideration when
deciding on a particular location for the setup of a company.
If the sewer and sewage treatment plant are not used for the industrial waste
water, then the company is subject to requirements from the BREF, possibly
supplemented with measures necessary for the quality of the receiving surface
water. In this case as well, as a result of the local situation, the necessary
measures may pose an obstacle to setting up a business at that location. This
may also occur during modifications or expansions to existing establishments.
Existing Situations
For existing situations, the basic premise applies that the odour nuisance, in
principle, has already been reduced to an acceptable level. The details are as
follows:
a.
An existing company does not receive any regulations on odour nuisance,
outside of any standard regulations applicable to the specific activity or
plant/system.
b. The competent authority may prescribe specific measures in custom
regulations if it can demonstrate based on the NeR that the odour
nuisance exceeds an acceptable level.
The basic principle is set out in Clause 3 of Article 3.140.
Changes to Existing Situations
Here as well the general principle applies that new odour nuisance must be
avoided:
a.
Modification of an existing company shall not result in an increase in
odour nuisance.
b. In the notification, the company provides information on how this basic
condition will be met. No further requirements are placed on the form of
this information.
c. Based on the notification, the competent authority may request an odour
study if a reasonable case can be made that odour nuisance might still
increase anyway.
d. The competent authority may (at the company’s request) allow a greater
degree of odour nuisance in custom regulations. This must be based on
local policy and may never exceed an acceptable level of odour nuisance.
e. In addition to the nuisance level, the custom regulations may also
prescribe specific measures that are necessary in order to achieve the
prescribed nuisance level.
This basic principle is set down in Article 1.17 and Clauses 1 and 2 of Article
3.140.
Article 3.141
Dust emissions are released during a number of processes in the foodstuffs
industry. This primarily applies to situations in which foodstuffs or their raw
materials are dried, ground, burned, or roasted or where goods belonging to
dispersion classes S1, S2, S3, or S4 are mixed. In these cases, the normal
emissions requirements for dust apply, which, in principle, can be met with a
filtering separator. The filtering separator was included in the Regulation as a
recognised measure for this provision. Moreover, the Regulation also sets
regulations for ensuring effective distribution of these emissions.
Processes that release hygroscopic dust do not fall under the standard emissions
for dust. In simple terms, this refers to a substance that attracts moisture and is
therefore wet and sticky. For technical reasons and reasons related to business
economics, filtering separators cannot be used for hygroscopic dust. Therefore,
non-filtering separators can be selected in a custom regulation in consultation
with the competent authority. For the use of non-filtering separators (i.e. in cases
of hygroscopic dust), values of < 10 mg/m03 are possible in the sector when
using wet scrubbers and values of < 25 mg/m03 with cyclone separators. In the
selection of the technique to be applied, the following factors should be taken into
account: total environmental impact, the local technical characteristics and
geographic position of the plant and the local environmental conditions. The
custom regulation may also stipulate the manner in which the selected
technology will be inspected.
Division 3.7 Sport and Recreation
Four subsections have been added in Division 3.7. Three of these are subsections
transferred from Chapter 4 to Chapter 3. These are Subsection 4.8.8 Traditional
shooting, Subsection 4.8.5 Offering opportunities for practising sport in the open
air and Subsection 4.8.5a Recreational fishing. These subsections have been
included in Articles 3.145 to 3.150 of the Activities Decree. The general section
has already addressed movement of regulations for activities from Chapter 4 to
Chapter 3.
One new subsection has been included in Division 3.7. It pertains to shooting in
indoor shooting ranges.
Article 3.142
Requirements have been set on construction of indoor shooting ranges to prevent
a direct shot or ricochet (the bouncing of a projectile) leaving the range so that
the unsafe zone remains limited to the shooting range itself and there is no
danger outside of the establishment. Indoor shooting ranges can be subdivided
into ranges for weapons of small calibre and for weapons of large calibre, with
'large calibre' meaning more than .22 (0.22 inches or 5.59 mm). Small calibre
weapons, both handguns (pistols and revolvers) and long guns (rifles and
carbines), have in common that the incident energy of the fired projectiles is
relatively limited. Ranges for shooting with small-calibre weapons occur in lengths
of 10 to 50 metres. Indoor shooting ranges for large calibre weapons can be
subdivided into ranges for handguns and ranges for long guns. Ranges for
handguns of large calibre are 10 to 50 metres long; ranges for long guns of large
calibre can occur in various lengths. Most are 50 or 100 metres long.
In addition to meeting certain constructional requirements, shooting ranges must
be equipped with a stop butt that ensures that the building structure, particularly
the rear wall, is not damaged due to projectiles or ricochets. This way, the rear
wall remains strong enough to retain projectiles or ricochets. In small calibre
ranges, these are typically simple metal containers in which the bullets are
diverted into a sand box. Ranges for long guns of large calibre are generally fitted
with a sand stop butt and ranges for handguns with a steel stop butt. Plastic stop
butts are also used, often made from rubber granulate.
Indoor shooting ranges are mainly used to practise recreational shooting, but are
also used to train police staff, for instance. Given the disciplines that occur in
recreational shooting, including in national and international competitions, the
calibres are limited to .50, which means 0.50 inches (12.7 mm). The use of
inches as the unit of measurement in weapons is customary for most calibres.
Larger calibres do exist in historical weapons, such as muzzle loaders. In such
weapons, the energy of the fired bullet is less than that of modern weapons due
to lower firing speeds. This entails that, despite sometimes larger calibres, no
additional measures are necessary on indoor shooting ranges for shooting these
weapons.
Waste is produced when shooting, such as bullet residues, cartridge casings,
gunpowder on the range floor of the shooting range and walls, and gun powder
and gun powder gases. For removal of (hazardous) waste, reference is made to
the existing measures in the decree. For removal of gun powder and gun powder
gases and assurance of adequate fresh air, indoor shooting ranges must be fitted
out with a mechanical ventilation system. The air removed may contain lead,
copper, and degradation products from burning of gun powder, such as
hydrocarbons and nitrous gases. Therefore, with regard to requirements and
measures, this links up with the system from the decree pertaining to
metalworking.
With regard to the noise requirements, it also links up with the regulations in the
decree. Studies have shown that this is possible for indoor shooting ranges (TNOMON-RPT-2010-02661 Indoor Shooting Ranges in the Activities Decree, TNO 29
October 2010). For measurement of noise pollution, the Activities Decree is based
on the Industrial Noise Measurement and Calculation Manual (Handleiding Meten
en Rekenen Industrielawaai, 1999). This manual states that this is not applicable
to shooting noise. For taking stock and assessment of shooting noise, reference is
made to the Shooting Noise Circular (Circulaire Schietlawaai, original version
1979). However, this circular does not give any measurement methods to
determine the noise pollution from indoor shooting ranges. A specific
measurement provision has been drafted for measurement of shooting noise from
indoor shooting ranges. This measurement provision was included as an Annex
to the Regulation corresponding to this Amendment Decree. When filing a
notification for an indoor shooting range, an acoustic report drafted in accordance
with this measurement provision must be submitted.
Article 3.143
Dust and gases are released during shooting on an indoor shooting range. These
consist of lead and copper and of degradation products from burning gunpowder
(hydrocarbons, nitrous gases). The volumes of gases are limited in relation to
their environmental impact. With regard to the emissions concentration
requirement for dispersion class S (total dust), this links up with the
requirements from the NeR. The ministerial regulation includes specific measures
which, with the correct dimensions, implementation and maintenance, ensure
adherence to the emissions concentration requirements in this Article.
Article 3.144
In all cases, it must be ensured that bullets, projectiles or parts thereof do not
end up outside of the establishment or pose a danger to the environment. For
this, the effect approach is used: a bullet or projectile or parts thereof may never
leave the shooting range. The ministerial regulation gives specific measures to
ensure this.
This Article also provides the basis for requiring soil protection facilities in
ministerial regulations. This involves preventing casings from fired rounds from
ending up on or in the soil and bullets and projectiles or parts thereof near a
shooting point.
Division 3.8 Other Activities
Articles 3.151 and 3.152
Subsection 3.3.3 In the interests of a logical arrangement of the Activities
Decree, dentistry (old) has been transferred to Subsection 3.8.1 under Division
3.8 Other Activities
Articles 3.153 and 3.154
Subsection 3.8.2 pertains to municipal recycling centres or municipal waste
collection stations.
The implementation of the Industrial Emissions Directive entails that more
municipal waste collection stations will fall under the Activities Decree. This
means that Article 2.12 of the Activities Decree and Article 2.9 of the
corresponding Regulation will now also apply to these establishments. Unlike for
other establishments under the Activities Decree (where only some of the waste
streams mentioned in Article 2.9 of the Activities Regulation play a role in a single
establishment), practically all types of waste mentioned are delivered to the
municipal recycling centre.
In practice, it is not always possible to keep all of these streams separate at a
municipal waste collection station. For this reason alone, it is necessary to draft
an exemption for municipal recycling centres from Article 2.12 of the Activities
Decree. However, it is not the intention that this should result in simply merging
all streams at municipal waste collection stations and absolutely not to permit the
resulting mixed stream to be subsequently removed to a waste incineration plant.
This would stand at odds with the goal of recycling as much waste as possible and
also with the motion adopted in 2009 by the Dutch House of Representatives on
processing of bulk residual household waste (Dutch Parliamentary Papers II,
2008/09, 30 872, No. 41). Introduction of an exemption — often necessary for
physical reasons — for municipal recycling centres from Article 2.12 of the
Activities Decree should therefore go hand-in-hand with a special Regulation to
guarantee that the waste delivered there will be recycled.
The details of a special Regulation of this kind link up with the policy line set out
in the second amendment of the second National Waste Management Plan (20092011). This means, on this point, the same rules apply to municipal waste
collection stations falling under the Activities Decree as for municipal waste
collection stations which still remain subject to permit requirements anyway. In
specific terms, the main principle of this special Regulation for municipal recycling
centres is as follows:
- As a basic rule, waste streams delivered separately to municipal waste
collection stations should also kept separate and facilities should be provided for
such. The Activities Regulation will include a list of waste streams for this.
- The setup and organisation of and the policy on waste collection stations
should focus on actual use of the present facilities by the supplier of the waste.
- The remaining residual stream from waste collection stations where the
prescribed facilities are available and where their proper use is ensured can be
removed to a waste incineration plant.
- If it is not possible to provide the prescribed facilities, then deviations from
this are permitted. However, this does have the consequence that the residual
stream from a waste collection station of this kind must be removed to a sorter,
which performs post-separation to ultimately achieve a comparable level of waste
separation as is accomplished at waste collection stations where the prescribed
facilities are in fact available.
Article 3.153 gives the meaning of 'recycling centre' by referring to the
requirement in Article 10.22(1) of the Act. This imposes the obligation on the
municipality to ensure that at least one location is available where inhabitants can
leave their bulk household waste. The recycling centre is not always run by the
municipality itself: a company may also be providing this service under contract
from the municipality. The location can be a recycling centre only, or it can be
combined with other municipal activities or industrial activities. Because this
subsection was included in Chapter 3, the requirements apply as well for Type C
establishments. One possible reason why it might be a Type C establishment is
that the activities are combined with intake or processing of certain types of
industrial waste. In this case, the regulations under this subsection only apply to
the intake of household waste; corresponding requirements for industrial waste
are prescribed by the permit.
Clause 1 of Article 3.154 states that, for efficient management of waste, at least
the regulations in the Ministerial Regulation must be met. The term 'at least'
indicates that this should not be regarded as an exhaustive regulation. Therefore,
it is possible to invoke the duty of care, including its option to draft custom
regulations, in unforeseen situations resulting in inefficient management of
waste. Unforeseen situations could arise, for instance, from combined use of
facilities for household and industrial waste.
Clause 2 indicates that if the specific requirements in the Regulation are met,
then part of the mixing prohibition from Article 2.12 does not apply. This means
that if the recycling centre has implemented all measures in the Regulation for
waste separation, then it is acceptable for there to be a container with residual
waste in which different streams are merged. The regulations are designed to
minimise this residual category, but it has not been completely eliminated.
Given that Article 2.12 does not apply to Type C establishments, this exemption
does not apply to Type C establishments either. If a permit for a Type C
establishment contains a mixing prohibition of this kind as in Article 2.12, then
this shall still apply. Given that other activities with waste may also be carried out
at a Type C establishment, it falls to the competent authority to assess whether a
mixing prohibition of this kind can be adjusted, in line with this adjustment.
Parts BBB , CCC, and JJJ
In the processing of rubber and polyester resin, organic peroxides are used as
initiators for polymerisation reactions. The storage of these organic peroxides, or
substances of class 5.2 under the ADR system, is regulated in this Part. The
characteristic of organic peroxides is that they contain all elements from what is
known as the 'fire triangle', namely fuel and oxygen, and that they can increase
the temperature easily. Organic peroxides can therefore start and sustain a fire
on their own. Moreover, they are usually sensitive to contact and contamination
with other substances.
Class 5.2 of the ADR is subdivided into P1 and P2. P2 is the organic peroxides
for which temperature control is required. This group often also poses the
additional danger that it may explode under confinement. P1 is the organic
peroxides for which temperature control is not required. These organic
peroxides are much more stable because they are provided with a diluent. Thus,
they also usually have flammable properties.
Organic peroxides can be further subdivided into 7 categories, where A is
the most hazardous and G the least.
Prior to entry into force of this Decree, storage of organic peroxides without a
permit was only legal if two conditions were met:
1. The maximum volume of 1,000 kg of organic peroxides per establishment, and
2. Only organic peroxides that are packaged in Limited Quantity (LQ).
If the storage of organic peroxides met these two requirements and fell under the
Activities Decree, then the storage had to meet the Hazardous Substances
Publication Series 15 (PGS15). If storage did not meet the two requirements cited
above, then this storage did not fall under the Activities Decree and was subject
to permit requirements.
However, within the plastics and rubber industry, organic peroxides are not
stored in LQ. The BOR has been adjusted to bring rubber and polyester resin
processing companies under general rules. Therefore, storage of organic
peroxides of Types D to F for which ADR temperature control is not required and
under a maximum volume of 1000 kg has been removed from the permit
requirement if they are not packaged in LQ. For other branches, this group of
organic peroxides has not been removed from the permit requirement.
Organic peroxides of Type C are not used by the rubber and plastics industry. For
this reason, storage of this type of organic peroxide for which ADR temperature
control is not required remains subject to permit requirements in cases of storage
volumes exceeding a maximum of 1000 kg in non-LQ packaging.
Type-G organic peroxides, in connection with the limited danger under the ADR,
are not subject to the safety regulations for organic peroxides. For this reason,
they have also been removed from the permit requirement.
Moreover, this Amendment Decree states that the storage of organic
peroxides of Types A, B, C, D, E, and F is subject to permit requirements
if ADR temperature control is required. This is a correction for the
Activities Decree. Prior to entry into force of this Decree, storage of class 5.2
substances in packaging was not subject to permit requirements by virtue of
Appendix I, Part C, Category 4.4, under g. This exception resulted from Article
9.1 of the PGS15. However, the exception in Article 9.1 of the PGS 15 only
pertained to organic peroxides without temperature control. Regulation 9.2 of
the PGS15 inadvertently omitted this restriction, which is why the restriction did
not end up in the BOR either. This omission is corrected in the new version of the
PGS15 and in this Amendment Decree. It should be noted here that the
correction of the omission is a clarification and not a change in content: the ADR
does not permit any 'Limited Quantities' for organic peroxides for which
temperature control is required.
Incidentally, in connection with their hazardous properties, storage of
organic peroxides of Types A and B for which temperature control is not
required also remains subject to permit requirements. Therefore, just as
before, organic peroxides of Types A and B are still subject to permit
requirements.
Subsequent to removal of several types of organic peroxides from the
permit requirements, the requirements that applied to storage of organic
peroxides have been adjusted in the new Subsection 4.1.5. This subsection
regulates storage in packaging for substances of ADR class 5.2, Types C to F, for
which, according to the ADR, temperature control is not required. Given that
these requirements are given in Chapter 4, they only apply to establishments not
subject to permit requirements. The manner in which storage in packaging of
these substances must be handled is regulated in the Activities Regulation.
No requirements are set on organic peroxides of Type G due to the limited danger
they pose. Where organic peroxides of Type G are also hazardous substances,
Subsection 4.1.1 of the Activities Decree must be met. If necessary, the
competent authority may draft additional custom regulations, by virtue of the
duty of care, on storage of organic peroxides of Type G.
Part GGG
Polyester resin is used in the rubber and plastics processing industry. There is
often a storage facility for polyester resin for the establishment. Prior to entry
into force of this Decree, the storage of polyester resin was an activity that was
subject to permit requirements. In order to bring the rubber and plastics
processing industry under the scope of the general rules of the Activities Decree,
general rules have been included for storage of polyester resin and storage of
polyester resin has been removed from the permit requirement list in the BOR.
With respect to external safety, the main risk is that a fire will start when filling
the storage tank or drawing from the storage tank. Polyester resin is a flammable
substance but is not so liquid that it may result in pool fires as can occur with
other liquids. Therefore, more than adequate risk control is ensured at a distance
of 20 metres from vulnerable objects.
Given that not all storage tanks currently installed meet the 20-metre
requirement, transitional provisions have been included in Article 6.25a of the
Activities Decree (new).
Part HHH
This is a legal correction.
Part KKK
The rules on filling gas canisters with propane and/or butane (Subsection 4.1.6)
have been moved to Subsection 3.4.8. The general section has already addressed
movement of regulations for activities from Chapter 4 to Chapter 3. See also the
explanatory notes for Part WW.
Part MMM
The rules pertaining to operation of combustion plants (Subsection 4.2.1) have
been moved to Subsection 3.2.1. The requirements set on drainage of steam
boilers have been placed under this subsection. The scope provision introduced in
connection with implementation of the Industrial Emissions Directive shall lapse
entirely.
The rules pertaining to operation of a cooling system (Subsection 4.2.2) have
been moved to Subsection 3.2.6.
The general section has already addressed movement of regulations for activities
from Chapter 4 to Chapter 3. See also the explanatory notes for Parts FF and HH.
Parts NNN, PPP, SSS, ZZZ, BBBB, DDDD, IIII, MMMM, OOOO, PPPP, QQQQ,
SSSS, BBBBB EEEEE, QQQQQ, UUUUU, WWWWW, YYYYY, DDDDDD, EEEEEE,
GGGGGG, HHHHHH, IIIIII, KKKKKK, LLLLLL, OOOOOO, QQQQQQ, and VVVVVV
This is a legal correction: the word ‘or’ was used instead of ‘and’.
Parts QQQ, SSSSS, and TTTTT
This is a legal correction. The term ‘third parties’ was clarified: this concerns
unprofessional performance of activities at a yacht basin.
Part TTT
The name of this Division has been changed in connection with bringing the
following under the Activities Decree: machining, cleaning, coating, and gluing of
rubber and rubber products, weighing and mixing of rubber compounds and
processing of rubber, thermoplastics and polyester resin.
Parts UUU to YYY
These Parts amend the scope of Subsections 4.4.1 and 4.4.2 of the Decree. The
scope of these subsections has been included in Articles 4.27 and 4.27c. The
scope of Subsection 4.4.1 is expanded on the one hand to include machining of
rubber and rubber products. Machining refers to, for instance, sawing, breaking,
snipping, cutting and smoothing with equipment or machines. On the other hand,
the scope of Subsection 4.4.1 is restricted because the plastic processing
processes of extrusion and injection moulding are moved to new Subsection 4.4.3
of the Decree, which pertains, among other things, to processing of
thermoplastics.
The expansion of the scope of Subsection 4.4.2 includes cleaning, coating, and
gluing of rubber and rubber products. For an explanation of the terms ‘cleaning’
and ‘removal of grease’, reference is made to the explanatory memorandum to
the Activities Decree (Bulletin of Acts, Orders and Decrees, 2007, No 415) which
addresses cleaning, coating, and gluing of plastics and plastic products in detail.
Given that the standards and the wording for machining of rubber and rubber
products is the same as the machining of plastics and plastic products, it has
been decided to merge these activities into a single Subsection: 4.4.1. The same
applies for cleaning, coating, and gluing of rubber or rubber products and
cleaning, coating, and gluing of plastics and plastic products. These activities
have been merged into Subsection 4.4.2.
With regard to machining of rubber and rubber products, the Ministerial
Regulation will include specific measures which, with the correct dimensions,
implementation and maintenance, ensure adherence to the emissions
concentration requirements in the new Article 4.27a (formerly Article 4.27) of the
Decree. The same applies to Article 4.29 of the Decree pertaining to emissions
from coating and gluing of rubber and rubber products.
Part AAAA
This Part adds a subsection under Division 4.4 which applies to weighing and
mixing of rubber compounds and processing rubber, thermoplastics, and
polyester resin.
Article 4.31a
Unlike with machining as referred to in Subsection 4.4.1, this concerns processing
of rubber, thermoplastics and polyester resin to incorporate a raw material into a
product. Processing can be subdivided into three groups: processing of
thermoplastics, polyester resin, and foams:
1. Processing thermoplastics: for thermoplastics, techniques such as extrusion,
injection moulding, thermoforming, and calendering are used Extrusion and
injection moulding had previously been regulated in Subsection 4.4.1 of the
Decree, but have now been moved to Subsection 4.4.3. Plastic sheet or film is
assumed for thermoforming. Commonly used materials for this are PS, PP, ABS,
PVC, and all manner of co-polymers. The sheet material is heated in a furnace
using infrared radiation, formed in a mould and then cooled in it. With
calendering, the hot polymer is pressed out between rollers to produce a sheet or
film. This technique is used in the manufacture of film and sheet from
thermoplastic materials or rubber. Products made with this include linoleum,
sheets and film.
2. Processing of polyester resin: polyester resin products are made in or on an
open or closed mould or on a base that is part of the product. After degreasing
with an organic solvent (dichloromethane, acetone), the mould is reused for
every product of the same shape. A release sheet (typically wax) is applied to the
mould, which makes it easier to remove the hardened product from the mould.
Various types of polyester resin are used, such as unsaturated, saturated and gel
coats and top coats.
3. Processing of foams: by means of foaming, expanding, and extrusion.
The distinction between machining and processing and the various techniques is
customary in the plastics and rubber processing industry and does not normally
raise any issues.
Article 4.31b
It is expected that emissions will be released to the air when weighing or mixing
rubber compounds. Significant emissions to the air which may occur here have
been classified as dispersion class S (total dust).
In addition to this, emissions of dust that fall under a minimisation requirement
may also be released when mixing and, to a lesser degree, weighing rubber
compounds and when processing rubber or thermoplastics. Substances to which
the minimisation requirement applies are all substances which may be released to
the air and which have been classified in the categories of extreme risk
substances (ERS), minimisation requirement substances in the form of solids
(MVP1), and gaseous or vaporous minimisation requirement substances (MVP2).
For these substances, continuous efforts must be made to minimise emissions
(zero emissions). Based on Clause 3 of Article 4.31b, the Ministerial Regulation
includes a non-exhaustive list of substances falling under the minimisation
requirement which are still used to mix rubber compounds and process rubber or
thermoplastics.
The references to Articles 2.5 and 2.6 in Clauses 1 and 2 prevent a situation in
which the test for the limit mass flow only assesses the substances emitted
during this activity. In fact, the mass flow from throughout the entire
establishment must be examined when testing for the limit mass flow. Moreover,
certain substance categories are subject to an injunction provision with regard to
testing for the limit mass flow and assessment of the emissions concentration.
See also the explanatory notes to Article 2.3 Air in the Bulletin of Acts, Orders
and Decrees, 2007, No 415.
The ministerial regulation includes recognised measures which, with the correct
dimensions, implementation and maintenance, ensure adherence to the
emissions concentration requirements from Clause 1.
Article 4.31c
Reference is made to the explanatory notes for Part K.
Part FFFF
The Practical Welding Fume Directive has lapsed. For this reason, the
classification system for welding activities is being included in the Activities
Regulation. Incidentally, this classification system will in fact be based on the
Practical Welding Fume Directive.
Part JJJJ
In addition to the scope provision (see general part and above), Part JJJJ also
includes a minor correction. For washing motor vehicles or their bodywork
components, the article inadvertently referred to Article 3.23a instead of
Subsection 3.3.2 (Washing motor vehicles or their bodywork components).
Part KKKK
The technique of deseaming is applied to remove contaminants from metal parts
which cannot otherwise be removed easily or at all. Deseaming is applied in the
maintenance of electric motors to clean the carriage and in the cleaning of
equipment and machine components used for rubber and plastic processing and
for coating. The materials undergo a heat treatment in a low-oxygen atmosphere,
which causes the contaminants. The decomposition vapours released must be
passed through an afterburner or absorption system to prevent emissions of
undesirable compounds.
Clause 1 prohibits deseaming of a number of materials whose deseaming is
known to produce a volume of undesirable emissions with an impermissible
impact on the environment. Incidentally, there are also many more materials
which it is best not to deseam, such as wood or cans with traces of paint.
Deseaming of most of these other materials also disrupts the functioning of the
deseaming furnace. For this reason, the summary in Clause 1 is limited to a few
particularly undesirable materials.
Clause 2 states that, before deseaming metal objects, as much ‘foreign’ material
must be removed as possible. Given the emissions and the energy consumption,
it is desirable for deseaming to only be used for contaminants that cannot
otherwise be removed. There are some cases in which deseaming is the only
solution, such as removal of powder coatings. It may also occur that other
methods are in fact available but they are too labour-intensive or have other
environmental drawbacks, such as use of abrasive solvents or cleaning products.
The availability of alternative methods must be assessed taking these factors into
account.
The emissions concentration requirements from Clause 3 were derived from the
special regulation on deseaming from the NeR. The regulation stipulates
techniques enabling these requirements to be met in all cases. Anyone wishing to
apply a different technique is subject to the demonstration requirement in Article
2.8 of the Activities Decree. Unlike other air emissions regulations in this Decree,
deseaming is not exempt from Article 2.6 of the Activities Decree. In other words:
an emission-limiting technique is always necessary for deseaming. Incidentally,
the afterburner or absorption unit is standardly built into supplied deseaming
furnaces.
Clause 4 indicates that waste water from deseaming cannot be discharged into
the sewer. Waste water arises if the flue gases are cleaned by absorption. The
residue must be disposed of as (hazardous) waste.
Part XXXX
Prior to entry into force of this Amendment Decree, the subsections and Articles
mentioned in this Part were applicable to ‘natural and artificial stone’. Natural
stone has been defined in Clause 1 of Article 1.1 as ‘blocks and sheets of stone
extracted from nature’. Artificial stone has been defined in this Article as ‘blocks
of grains or pieces of natural stone with binding agent’.
This Part makes these subsections and Articles applicable to all types of stone.
This expands Subsection 4.5a.1 on machining of natural and artificial stone to
include the machining of stone. With this, machining of concrete products will be
regulated under this subsection. Machining of concrete is performed after the
concrete product has been removed from the mould. There are various reasons to
machine concrete products. One reason is to machine the surface of the concrete
after removal from the mould. The surface of the concrete product can be
machined with techniques such as exposure, grinding, smoothing or blasting. In
addition to this, techniques such as hacking, roughening, and striping are used to
apply relief. This subsection includes regulations on these machining techniques.
Part ZZZZ
To minimise environmental pollution from dust particles, stone machining
techniques must be performed indoors. If it is not possible to machine an object
indoors on account of its size however, the prohibition against conducting these
activities outdoors does not apply. In addition to this, the prohibition does not
apply to the breaking of stony material falling under the new Subsection 4.5a.6.
Part AAAAA
This Part amends Article 4.74c(3) due to the addition of the concrete activity. In
addition to this, Article 4.74c(4) corrects an omission in the Activities Decree.
This pertains to an increase in permissible levels of undissolved substances for
discharge of certain types of waste water.
Part DDDDD
In order to minimise environmental pollution from paint, resin and glue particles,
it is required to conduct coating, resin, and gluing activities indoors if performed
using atomizing equipment (equipment that produces a spray-mist). In addition
to this, in order to limit odour nuisance, it is not permitted to use products
containing VOS with atomizing equipment in the open air. If it is not possible to
conduct these activities indoors on account of the size of the object to be
machined, then the prohibition does not apply.
Companies will usually be required to perform coating, resining, and gluing work
within buildings in the establishment wherever possible, due to quality
requirements, among other things. Thus, coating, resining, or gluing in the open
air will only occur if it is not possible to do so indoors due to the object's size.
Coating, resining, and gluing not performed with an atomizer does not fall under
this prohibition.
Part GGGGG
Subsection 4.5a.4 Production of fluid concrete
Article 4.74i
Production of fluid concrete includes dosing and mixing of raw and auxiliary
materials for production of fluid concrete. Dosing refers to weighing of raw and
auxiliary materials in a weigh bowl/belt or dosing based on volume. Mixing refers
to mixing of dosed raw and auxiliary materials.
Dosing and mixing of raw and auxiliary materials is carried out in a concrete plant
or in a mixing plant (at a concrete product factory). Dosing and mixing are
typically automated.
This subsection contains regulations for production of fluid concrete. These
regulations pertain to the environmental aspects of air, discharges and mixing of
waste.
Article 4.74j
This Article pertains to dust emissions from dosing and mixing for production of
fluid concrete. Cement is a highly drift-sensitive, unwettable substance
(dispersion class S1). Thus, dosing and mixing of goods belonging to dispersion
class S1 must be carried out, by virtue of Article 4.74j(1), in a closed system or
in an enclosed space. Based on this Clause 1, it also applies to other substances
used belonging to dispersion class S1, such as coal fly ash powder, that dosing
and mixing must be performed in an enclosed space or a closed system. Clause 2
gives the emissions concentration requirements for total dust for dosing and
mixing of drift-sensitive goods for production of fluid concrete. The Activities
Regulation includes a recognised measure to meet the emissions concentration
requirements given in this clause.
Article 4.74k
This Article covers discharge of rinse water originating from cleaning system
components.
System components means fixed systems and facilities, such as the mixer,
conveyor belts and the floor of the production hall. Mobile systems, such as
means of transport, are not system components in the sense of this Article.
This Articles states, among other things, that the discharge of waste water into a
designated body of surface water or into a facility for collection and transport of
waste water, other than a sewer (rainwater system), is permitted if the conditions
are met. A requirement of 100 mg/l was included for undissolved substances. As
a measure to meet this requirement, the waste water can be sent through a
settling facility of adequate dimensions. A standard of 200 mg/l was included for
the Chemical Oxygen Demand (COD).
Discharge of waste water originating from cleaning of system components
contaminated with concrete only falls under the general rules if the discharge is
made onto a designated body of surface water. The designated bodies of surface
water are listed in Appendix 2 to the Regulation. Discharge onto non-designated
bodies of surface water remains subject to the permit requirement for discharge
by virtue of the Dutch Water Act.
Waste water originating from rinsing of system components contaminated with
concrete may have a high pH value. For relatively small stagnant bodies of
surface water, a high pH value may pose a problem. Given that all discharges
onto designated bodies of surface water fall under the scope of this Decree, the
pH level will only pose a problem in special situations, if at all. In these special
situations, the competent authority has the power to impose regulations on the
pH value by means of a custom regulation by virtue of the duty of care (Article
2.1(3) of the Activities Decree).
Discharges into the sewer are subject to the precondition that the level of
undissolved substances cannot exceed 300 milligrams per litre.
Finally, this Article stipulates that the waste water being discharged must be
sampled in an effective manner. For effective sampling, the sampling point must
be easily accessible and in good condition.
Article 4.74l
This Article sets requirements on the use of waste for production of fluid concrete.
Clause 1 gives the area of application of this Article. The Article is only applicable
if waste is used in the production of fluid concrete that is subject to the Soil
Quality Decree. Therefore, this Article does not apply to:
Production of fluid concrete without use of waste, or
Mixing of waste in the production of a building material to which the Soil
Quality Decree does not apply
Article 2.12 of the Activities Decree gives the general framework for mixing of
waste.
By virtue of Clause 2 of this Article, it is permitted to use waste if each individual
type of waste meets the quality requirements from the Soil Quality Decree. There
are recognised quality certifications (product certificates) that attest that a
material or product meets the requirements of the Soil Quality Decree, such as
the KOMO certification mark and the NL-BSB mark. Products which do not
possess the recognised quality certification can still meet the requirements of the
Soil Protection Decree. This can be demonstrated by means of (individual) batch
tests.
Mixing processes with waste types which do not individually meet the
requirements of the Soil Quality Decree can only be authorised by means of
custom regulations. In the request for a custom regulation, the establishment
owner must indicate which types waste will be mixed for which purposes. Clause
3 of Article 4.74l gives the competent authority the power to draft custom
regulations to permit the use of types of waste which do not individually meet the
quality requirements of the Soil Quality Decree. For this, two requirements
derived from the ‘Mixing’ policy framework (Chapter 18) of the National Waste
Management Plan 2 (LAP2) have been included.
Subsection 4.5a.5 Forming of concrete products
Article 4.74m
Forming of concrete means pouring of fluid concrete into a form (formwork).
Various materials, such as wood, plastic and steel, are used to prepare this form.
Divisions 4.3, 4.4, and 4.5 give regulations which may apply to preparation of
forms.
Subsection 4.5a.5 contains regulations pertaining to the use of release agents
when forming concrete products. Release agents prevent the concrete sticking to
the form. There are various kinds of release agents. The use of a particular type
of release agent depends on the concrete type and the form material. There are
various methods for application of release agents. Customary methods are:
- Brushing, rolling or polishing (especially for smaller elements and the use of
wax types as release agent)
- Atomisation
- Immersion (for absorbent materials of limited dimensions)
Once the concrete has been poured into the form, the concrete is compacted.
There are various techniques for this:
- Compaction using vibrating tables or formwork vibrators
- Compaction using a vibrating hammer or needle
- Compaction by shocking
Compaction is not necessary for self-compacting concrete. Noise, vibration and
energy are the relevant environmental aspects for concrete compaction. Chapter
2 of the Decree sets requirements on these aspects.
Next, concrete can be finished by means of exposure. Exposure gives the
concrete texture. Exposure of concrete is a treatment of the surface of the
concrete which produces used rinse water. This rinse water may contain concrete
residues (and retarders). This Article sets regulations on exposure of concrete.
Article 4.74n
Discharge of waste water originating from exposure of concrete only falls under
the general rules if the discharge is made onto a designated body of surface
water. The designated bodies of surface water are listed in Annex 2 to the
Activities Regulation. Discharge onto non-designated bodies of surface water
remains subject to the permit requirement for discharge by virtue of the Dutch
Water Act.
For discharges onto designated bodies of surface water, the requirements
included in Clause 2 apply.
Based on Clause 3, it is possible to refine the standard for undissolved substances
in custom regulations. This must be based on a test of the best available
techniques.
For discharges into the sewer, the requirements included in Clause 4 apply.
Clause 6 states that it must be possible to sample the waste water in an efficient
manner. For effective sampling, the sampling point must be easily accessible and
in good condition.
Article 4.74o
Use of petroleum-based forming oil produces emissions of Volatile Organic
Substances (VOS). The Activities Regulation includes measures to implement
Clause 1. These concern the use of forming agents with minimal or zero VOS and
use of application methods with minimal VOS emissions.
Article 4.74p
Release agents may be hazardous to the soil. The same applies to rinse water
produced when exposing concrete. Based on this Article, measures have been
included in the Activities Regulation to achieve a negligible soil risk.
Subsection 4.5a.6 Breakage of stony material
Article 4.74q
Rejected products and residual products may be stored at concrete plants and
concrete product factories. If a substantial quantity of residual products is
collected, then these products are broken. Either a mobile or stationary system
may be used to break products. The granulate may be used as aggregate in
concrete.
In most cases, breakage of concrete does not pertain to regular business
activities. This Article sets out requirements on prevention or minimisation of dust
pollution due to breakage of concrete. In addition to dust pollution, noise
pollution may also be a relevant aspect in the breakage of concrete. The Articles
under Division 2.8 of the Activities Decree apply to noise pollution caused by
breaking concrete. Clause 6 of Article 2.20 of the Activities Decree offers the
option to set special noise regulations for irregular breakage activities by means
of custom regulations.
This may concern regular deviations (e.g. 20 times per year) or special activities
(12-day regulation). Breakage of residual concrete may depend on how often it
occurs under the two types of exceptional cases. In both cases, in the drafting of
custom regulations, pollution must be minimised by offering only the amount of
noise leeway that is necessary and by restricting the number of days or shifts
during which the activity may be performed. In addition to this, facilities and
rules of conduct may also be prescribed. If it is not known in advance when the
activities will be performed, it can be stipulated that the activities must be
reported to the competent authority in advance.
Article 4.74r
This Article states that dispersion must be minimised when breaking stony
materials in the open air. Dispersion can be counteracted by moistening the stony
materials to be broken, while also minimising the resulting waste water. This can
be achieved by calibrating the spraying system according to current needs so that
no waste water is produced. The intention is to include a recognised measure in
the Regulation which ensures compliance with this Article.
Article 4.74s
Clause 1 gives emissions concentration requirements for total dust for indoor
breakage of stony materials. The intention is to include a recognised measure in
the Activities Regulation which ensures compliance with the emissions
concentration requirements given in this clause.
Part IIIII
Since 1 July 2011, the Activities Decree has contained a definition of PAHs.
Therefore, it is no longer necessary to include a summary in Table 4.75 of Section
4.75(2). This change replaces the summaries in the aforementioned tables with
PAHs.
Part JJJJJ
This moves Subsection 4.6.2 Offering of parking spaces in a car park, to Chapter
3 (Subsection 3.3.4). The general section of the explanatory notes discussed this
under the heading ‘Simplifications’. See also the explanatory notes for Part QQ.
Parts LLLLL and MMMMM
Due to expansion of the scope of Subsection 3.3.1 to include delivery of liquid
fuel to railway vehicles, the scope of Subsection 4.6.4 is further restricted. The
existing regulations in Subsection 4.6.4 on delivery of liquid fuel now only apply
to delivery of liquid fuel other than for motor vehicles for road traffic, for railway
vehicles or for vessels.
Parts NNNNN, OOOOO, and PPPPP
The scope of Subsection 4.6.5 is being expanded. The existing requirements on
maintenance and repair and test driving of engines and motor vehicles will
therefore also be applicable to maintenance and repair and test driving of railway
vehicles.
Part VVVVV
In connection with bringing the rotation-offset printing technique, the
flexographic printing technique and the packaging gravure printing technique
under the scope of the Activities Decree, the name of this Division has been
changed. The activities pertaining to paper and textiles will now fall under
Division 4.7a.
Part AAAAAA
This Part discontinues Clauses 2 and 3 of Article 4.90 of the Activities Decree. By
virtue of Clauses 2 and 3 of Article 4.90 of the Activities Decree, if consumption of
ink containing VOS is greater than 1 000 kg per year for screen printing, then a
simple VOS log must be kept and the requirements for cleaning products and
fountain solution must be met. This log must kept on hand and available for
inspection for at least three years. Screen printers with VOS consumption rates
exceeding 10 000 kg per year are subject to permit requirements.
In practice, there are no establishments for screen printing with a consumption of
ink containing VOS that exceeds 1 000 kg per year. Clauses 2 and 3 of Article
4.90 of the Activities Decree are therefore superfluous. However, should an
establishment nevertheless exist or be set up which does in fact use more than
1 000 kg per year of ink containing VOS for screen printing, then the competent
authority can set custom regulations on this based on the duty of care.
Given that there are no establishments which consume over 1 000 kg per year of
ink containing VOS for screen printing, Category 16.4, sub f, will also lapse in
Annex I, Part C to the BOR (screen printing with emissions of volatile organic
substances exceeding 10 000 kg per year).
Part CCCCCC
Two subsections are added to this Article: one applicable to use of rotation-offset
printing techniques and one applicable to the use of flexographic printing
techniques or packaging gravure printing techniques.
Subsection 4.7.3a Rotation-offset printing techniques
Article 4.94da
‘Offset printing’ means printing of materials using offset plates. In offset printing
techniques, paper is printed on the roll on a rotation press. This is in contrast to
sheet-fed offset, which applies offset printing on flat sheets. Rotation-offset inks
are solvent-free, but there are still printers that add isopropyl alcohol (IPA) to the
fountain solution. Solvents are often used to clean offset printing presses.
Rotation-offset can be subdivided into:
- Heatset rotation-offset: all activities of rotation offset where drying of the ink is
forced in an oven heated with hot air. Hydrocarbon emissions may be released by
evaporation of mineral oils from the heatset rotation offset ink.
- Coldset rotation offset: all activities of rotation offset where the drying of the
ink occurs practically entirely by absorption into the paper
- Offset UV or IR inks: all activities of rotation offset where the drying of the ink
occurs practically entirely by UV or IR radiation
Article 4.94db
For a number of establishments, Division 2.11 of the Activities Decree with regard
to solvents is applicable. Division 2.11 is only applicable if the values come out
greater than the thresholds given in the tables in Division 2.11.
Article 4.94dc
The offset process is a flat printing technique. This means that printing and nonprinting parts are at the same height in the printing form. With offset, a rubber
blanket is used to transfer ink onto paper or cardboard. Offset presses have
dampening and inking systems The fountain solution sometimes contains
substances that affect the surface tension such as isopropyl alcohol (IPA), other
additives and anti-algae products. Solvents are often used to clean offset printing
presses. The moisture from the inking system or the moisture used to clean the
equipment used must be prevented ending up in the waste water with ink and
solvent in it.
Article 4.94dd
Production of offset plates is a photographic process in which developer, rinse
water, etching solutions and correction fluids may end up in the waste water. In
the past, etching solutions and correction fluids containing chromium were used.
In addition to this, products for development and hardening of copy layers could
also contain chromium. Emissions of chromium into the water must be minimised
using the best available techniques. However, the best available technique for
these processes involves use of products without chromium. For this reason, it
has already been agreed, within the framework of the Environmental Policy
Agreement for the Graphics and Printing Industry and Packaging Printers, that
products containing chromium will no longer be used.
Most offset printing companies use aluminium and plastic plates with a fine layer
of photopolymer or diazo compounds. In addition to these aluminium or plastic
plates, there are also paper or plastic plates, bimetal or trimetal plates, silver salt
diffusion plates and zinc oxide plates.Because production of offset plates that are
not aluminium or plastic occurs sporadically in companies in the sheet-fed offset
sector and additionally is too diverse to permit setting of generic regulations, no
regulations have been set for this. The competent authority does in fact have the
option to draft custom regulations for these special plates by virtue of the duty of
care provision.
Subsection 4.7.3b Flexographic Printing Techniques and Packaging Gravure
Printing Techniques
Article 4.94df
Flexographic printing is a rotational relief printing technique using flexible types
and fast-drying thin liquid ink. Flexographic printing techniques are primarily used
in printing on carrier bags, films, (corrugated) fibreboard and in the labelling
industry. The composition of flexographic printing inks can be prepared on a
solvent base as well as a water base. In the former case, the solvent is typically
ethanol. Solvent-based inks are cleaned with organic peroxides. This is hazardous
waste, which at any rate cannot be discharged.
Inks on a water base are also known as water-based inks. Water-based inks may
also contain a substantial quantity of solvents. Ethanol is the typical solvent here
as well. Water-based flexographic printing inks are used on a large scale in the
manufacture of packaging made from paper and corrugated fibreboard. Waterbased inks are cleaned with water. This ensures that inks are diluted with water
and the ink residues can end up in the sewer.
Just as with flexographic printing techniques, packaging gravure printing is used
to print on packaging based on paper, plastic and aluminium foil. Packaging
gravure printing distinguishes itself from normal gravure printing, used to print
materials such as periodicals, by its use of specially designed printing presses and
the use of special inks which must often be suitable for packaging of foodstuffs.
Packaging gravure printing inks are almost always solvent-based. The solvent
used is typically a mixture of ethanol and ethyl acetate. Inks with a metallic effect
(such as silver or gold ink) may also contain small quantities of other solvents.
Article 4.94dg
For a number of establishments, Division 2.11 on solvents is applicable. Division
2.11 is only applicable if the values come out greater than the thresholds given in
the tables in Division 2.11.
Article 4.94dh
In packaging gravure printing techniques and flexographic printing techniques
and associated paint and lamination processes, the presses may often print in
eight and sometimes more different colours in a single print run. Colour is seldom
constructed: each printing unit is almost always filled with a colour that is specific
to the order in question. As a result, it is necessary to change colours at many
placed on the press after each order. This involves thorough cleaning. To reduce
setup times, entire inking systems are removed from the press and replaced by
ready clean ones. The contaminated parts are cleaned in special departments. A
wide array of objects must be cleaned, which may be contaminated with a wide
array of types of ink, paint or glue. Cleaning is often still carried out in several
different successive steps. If cleaning is not carried out properly, then ink, glue,
and paint may end up in the waste water. This must be prevented.
Part RRRRRR
This Article applies to indoor cleaning of means of transport used to transport
fluid concrete. This only pertains to indoor cleaning of means of transport,
primarily indoor cleaning of truck mixers. Subsection 3.3.2 of the Activities
Decree applies to (outdoor) rinsing off or washing of means of transport.
Clause 1 states that rinse water must be reused wherever reasonably possible.
Used rinse water can be used, for instance, in the mixing process (after treatment
in a settling tank).
Clause 2 states that the discharge of waste water into a designated body of
surface water or into a facility for collection and transport of waste water, other
than a sewer (rainwater system), is permitted if the conditions from Clause 2 are
met. A requirement of 100 mg/l was included for undissolved substances. As a
measure to meet this requirement, the waste water can be sent through a
settling facility of adequate dimensions. A standard of 200 mg/l was included for
the Chemical Oxygen Demand (COD).
Discharge of waste water originating from indoor cleaning of means of transport
only falls under the general rules if the discharge is made onto a designated body
of surface water. The designated bodies of surface water are listed in Annex 2 to
the Regulation. Discharge onto non-designated bodies of surface water remains
subject to the permit requirement for discharge by virtue of the Dutch Water Act.
Waste water originating from rinsing of system components contaminated with
concrete may have a high pH value. For relatively small stagnant bodies of
surface water, a high pH value may pose a problem. Given that all discharges
onto designated bodies of surface water fall under the scope of this Decree, the
pH level will only pose a problem in special situations, if at all. In these special
situations, the competent authority has the power to impose regulations on the
pH value by means of a custom regulation by virtue of the duty of care (Article
2.1(3) of the Activities Decree).
As a result of Clause 3, discharge into the sewer is subject to the requirement
that the content of undissolved substances cannot exceed 300 milligrams per
litre.
Parts SSSSSS and UUUUUU
These Parts discontinue subsections that were transferred to Chapter 3. For this,
please refer first to the general section of the explanatory notes under the
heading ‘Simplifications’. See also the explanatory notes for Parts FF, QQ and XX.
Part YYYYYY
In connection with implementation of the BEMS in Subsection 3.2.1 of the
Activities Decree, the reference to the BEMS has been changed to a reference to
subsection 3.2.1.
Part AAAAAAA
Due to lapsing of Article 1.4 of the Activities Decree, which contained the scope
provision, the references to this Article in the transitional provision in Chapter 6
have been adjusted.
Part BBBBBBB
This Part discontinues a number of subsections. Some of these are being moved
to Chapter 6 (Subsections 6.12, 6.13b, 6.17, 6.25, and 6.26 are being
renumbered to Subsections 6.13l, 6.12, 6.10b, 6.13j, and 6.13k) and some will
lapse because the transitional provisions have been elaborated (these are
Subsections 6.2, 6.14, 6.23a, 6.23b, 6.24, and 6.27).
Part CCCCCCC
On 2 April 2012, a new Dutch Soil Protection Directive published by the NL
Agency came out and replaced the old version of 2001 from InfoMil. In the new
2012 NRB, it was decided to replace the term ‘risk reduction soil study’ with the
more practical solution for this, namely a monitoring system. The system within
which it is used remains unchanged however. Thus, it is only a technical change,
not a content change.
Part DDDDDDD
This is a legal adjustment. Article 6.17 has been amended in connection with the
renumbering of Articles in the Activities Decree.
Part EEEEEEE
Articles 6.20 and 6.20b contain the transitional provisions for the requirements
following from Article 3.7(1). The Articles are in accordance with Articles 2.2.1
and 2.2.2 of the BEMS. In addition to this, Article 6.20 includes transitional
provisions for combustion plants with nominal capacities of less than 50
megawatts, which fell under the BEES A until entry into force of this Decree.
These combustion plants will now fall under the rules of Subsection 3.2.1 of the
Activities Decree. However, if the combustion plant was installed and
commissioned before 1 April 2010, then the BEES A remains applicable as it did
at that time. It was decided not to include transitional provisions for combustion
plants installed and commissioned later than this because it can be assumed that
these newer existing combustion plants already met the requirements of the
former BEMS. The transitional provisions will lapse, as will the transitional
provisions following from the former BEMS, on 1 January 2017 or on 1 January
2019.
However, Article 6.20a applies to operation of boiler plants with a nominal
capacity of between 400 kilowatts and 1 megawatt and for boiler plants with a
nominal capacity of less than 400 kilowatts where biomass is incinerated. The
transitional provisions for these combustion installations link up with times when
major changes are made in the boiler to the greatest extent possible.
6.20c stipulates how to address emissions values with concurrent use of fuel. This
regulation is also applicable to combustion plants which fall under the transitional
provisions with regard to emissions to the air.
Articles 3.10g, 3.10h, 3.10i, and 3.10j also apply to combustion plants that fall
under the transitional provisions for emissions to the air. However, this already
follows from the provisions themselves.
Article 6.20d is identical in terms of content to Article 6.20 (old) of the Activities
Decree.
Parts FFFFFFF, GGGGGGG, and HHHHHHH
These Parts contain the transitional provisions that were elsewhere in Chapter 6
before entry into force of this Decree. No changes have been made to the
content. The subsections have been moved so that their order links up better with
the new arrangement of Chapters 3 and 4 of the Decree.
Part HHHHHHH includes transitional provisions for companies which cannot meet
Article 3.30a on storage of organic solvents at the time of entry into force of this
decree. For existing situations, Article 3.30a does not apply until 1 January 2016.
See also the explanatory notes for Part SS.
IIIIIII
This Part includes transitional provisions for companies which cannot meet Article
4.5b on storage of polyester resin at the time of entry into force of this decree.
See also the explanatory notes for Part GGG.
Part JJJJJJJ
Prior to entry into force of this decree, establishments belonging to the concrete
industry which had been designated as major noise makers (establishments
indicated in Category 11.3, sub c, sub 2o and 3o, of Annex I of the BOR) were
subject to an environmental permit requirement as referred to in Article 2.1(1),
preamble and sub e, of the Wabo. This permit was subject to regulations on
recording of limit values and check values for noise at reference points (zone
monitoring points) in the vicinity of the company. Within the framework of
oversight, these points could be used to determine whether the company was
adhering to the limit values. It is necessary to record these limit values because,
due to factors such as interference from other sources of noise, it is not always
possible to measure a company’s noise pollution at the zone boundary. Setting
these check values enables oversight for the noise standards.
This decree brings concrete companies under the scope of the Activities Decree.
By virtue of the general transitional provisions, noise regulations would remain in
effect for another 3 years as custom regulations. The competent authority would
have to take a decision to draft custom regulations by virtue of Article 2.20 within
this three year period in order for these custom regulations to apply indefinitely.
However, because this case pertains to limit and check values within the
framework of zone management, there will be a desire to have the noise
regulations apply indefinitely. That is why this Article stipulates that the noise
regulations from the permit shall remain in effect for an indefinite period of time
as custom regulations by virtue of Article 2.20.
KKKKKKK
The title of Subsection 6.23 has been adjusted so that it links up with the new
title of the corresponding subsection in Chapter 3.
LLLLLLL
In connection with the repeal of the Decree on Type Approval of Heaters for
Nitrogen Oxide Air Scrubbing and the Environmental Protection Decree on
Emissions Requirements for Medium-sized Combustion Plants in this Amendment
Decree, these decrees will be added to Article 6.43 of the Activities Decree.
Article II
Part A
Clause 1 of this Part expands Clause 1 of Article 2.2a of the BOR.
The activities listed in Article 2.2a(1) are subject to a permit requirement by
virtue of Council Directive of 27 June 1985 on the assessment of the effects of
certain public and private projects on the environment (85/337/EEC) (OJ L 175,
p. 40). It is possible to suffice with an environmental permit (for activities
referred to in Article 2.1(1), sub i, of the Wabo) prepared according to the regular
preparatory procedure, instead of an environmental permit prepared according to
the expanded preparatory procedure (for establishments as per Article 2.1(1),
sub e of the Wabo (the old Dutch Environmental Protection Act permit (Wmverguning))). For this reason, it was decided to apply the environmental permit
that is prepared with the regular procedure (the aforementioned OBM) which is
rejected if the competent authority deems that an EIA should be conducted.
These grounds for rejection were given in Article 5.13b(1) of the BOR. This is a
test prior to granting of the permit. Once the test has been completed, the
general rules from the Activities Decree will apply.
If the competent authority deems that an EIA should in fact be conducted, this
nullifies the designation of these activities as activities for which an environment
permit application must be submitted and by virtue of Annex I, Part B, Article 1,
sub c, an environmental permit application prepared according to the expanded
procedure must be submitted (for establishments as per Article 2.1(1), sub e, of
the Wabo).
Clause 2 of this Part expands Clause 2 of Article 2.2a of the BOR. This pertains to
the use of waste for production of fluid concrete or concrete goods or products.
For this, an OBM is required by virtue of this Part. Waste is considered to be any
substance that the owner gets rid of, plans to get rid of, or must get rid of.
Directive 2008/98/EC of the European Parliament and of the Council of 19
November 2008 on waste and repealing certain Directives (Waste Framework
Directive) included an Article dedicated to no longer designating substances as
waste. This Article stipulated that certain types of waste are no longer waste if
they have undergone a treatment for recovery and meet specific criteria which
must be formulated under certain conditions. These criteria have not yet been
formulated. Until these criteria have been adopted, a type of waste shall only lose
its designation as waste if its recovery has been completed. In cases of
uncertainty as to when recovery has been completed, this time point must be
determined using relevant jurisprudence and taking into account case-specific
circumstances. The website of the Dutch Waste Management Administration
(Uitvoering Afvalbeheer) may also be useful here. This website features the
opinions of competent authority bodies and court rulings on questions of whether
a substance is a type of waste or not (see
http://www.senternovem.nl/uitvoeringafvalbeheer/Afval_of_niet/).
Clauses 3 and 4 of this Part expand Clauses 3 and 4 of Article 2.2a of the BOR.
This pertains to establishments ‘for’ production of fluid concrete or concrete
goods/products. Thus, these are establishments ‘intended’ for conducting the
activity described in the category, i.e. production of fluid concrete or concrete
goods/products. An OBM is required for this. The stipulations in Clause 3, sub b,
only designate establishments belonging to the concrete industry which are
designated as major noise makers under Part D of Annex 1. These are the
establishments as referred to in Category 11.3, sub c, sub 2o and 3o, of Part C of
Annex I. The activity in Clause 3, sub b, is subject to an OBM requirement due to
noise and the activity in Clause 5, sub b, is subject to the OBM requirement due
to air quality. The grounds for rejection of environmental permits are given in
Article 5.13b.
Clause 5 of this Part adds a Clause 7 to Article 2.2a. This entails that an OBM is
required for processing of polyester resin. The purpose of the OBM is to have a
separate test conducted in advance by the competent authority for this activity
due to the previously discussed odour aspect when processing polyester resin.
The competent authority may take the local situation into consideration with
regard to this specific environmental aspect. Thus, the competent authority can
factor in the cumulative effects prior to commencement of an activity. The result
of this is that the competent authority either approves or does not approve of the
startup of the activity in question at a specific location. For establishments
processing polyester resin, this environmental permit is a relatively lenient
instrument in comparison to an environmental permit (as referred to in Article
2.1(1), preamble and sub e, of the Wabo) that is prepared with the expanded
procedure. After granting of this permit, an establishment falls under the general
rules for this activity. This may provide these establishments with considerable
administrative cost savings.
If the competent authority rejects the permit application, then it will not be
possible to apply for another environmental permit as referred to in Article 2.1a,
sub e. In such cases, the activity cannot be conducted at the location in question.
Part B
Article 5.13b gives the grounds for rejection of an OBM application.
Clauses 2 and 4 of Article 5.13b give the grounds for rejection for establishments
conducting activities with waste. The environmental permit application can be
rejected by virtue of Clause 2 in the interests of efficient management of waste
and by virtue of Clause 4 within the framework of the Dutch Promotion of
Integrity Reviews by the Public Administration Act (Wet BIBOB). Due to
amendments made based on Part B, Clauses 1 and 2 of Article 5.13b, of the BOR,
these grounds for rejection also apply to the use of waste for production of
concrete.
Clause 3 of Article 5.13b gives the grounds for rejection for establishments
designated as major noise makers by virtue of the Dutch Noise Pollution Act (Wet
geluidhinder). These grounds for rejection now also apply to establishments
belonging to the concrete industry designated as major noise makers. By virtue
of this Clause, the limit values established in the Ditch Noise Pollution Act must
be taken into account in assessing OBM applications. The permit application must
therefore be rejected if the establishment fails to meet these values.
Regulations cannot be attached to the OBM by virtue of Article 5.13a. Therefore,
this also means that any limit and check values for reference points cannot be
attached to this environmental permit. In order to set limit and check values, the
competent authority must draft custom regulations by virtue of Article 2.20 of the
Activities Decree. Article 2.20 of the Activities Decree offers the competent
authority the option to draft custom regulations in order to deviate from the
values referred to in Articles 2.17, 2.19, or 6.12 of the Activities Decree. This
Article offers the option to use custom regulations to:
a.
Deviate from Articles 2.17, 2.19, or 6.12 of the Activities Decree and set
other values for the long-term average assessment level and the maximum noise
level
b.
Specify the location where these values apply
The new Clause 7 of Article 5.13b gives the grounds for rejection for processing
of polyester resin. The environmental permit can only be rejected under Clause 7
in the interests of an acceptable level of odour nuisance.
For establishments belonging to the concrete industry, Clause 7 contains the
grounds for rejection for the environmental permit within the framework of air
quality. The permit must be rejected if the activity results in a violation of the
limit values referred to in Annex 2 of the Dutch Environmental Protection Act.
However, this only applies to the extent that the requirement to factor in these
limit value follows from Article 5.16 of the Dutch Environmental Protection Act.
On the basis of this Article, it is permitted in certain cases to authorise an activity
even if it results in a violation of the limit values. This is the case, for instance, if
the contribution from the activity to the concentration of dust in the outside air is
‘not to a significant degree’ (Article 5.16(1), sub c, of the Dutch Environmental
Protection Act).
Part C
The Wabo provides for two different preparation procedures: the expanded
procedure and the standard procedure. The standard procedure is linked to lex
silencio positivo. Article 3.9(3) of the Wabo contains an exemption facility for
cases where application would be incompatible with a decision of an entity under
international law with binding force for the Netherlands. If the activity in Article
2.2a(5), sub b, of the BOR were included, then a conflict would in fact arise with
Directive 2008/50/EC of the European Parliament and of the Council of 20 May
2008 on ambient air quality and cleaner air for Europe. The exemption has
therefore been invoked in this case.
Part D
Annex I, Part A, to the BOR includes two terms and corresponding definitions.
The first is ‘biomass’. This term is included because a number of references are
made to biomass in Annex I, Part C, to the BOR. Just as in the Activities Decree,
the definition of biomass here links up with the definition of biomass from the
Industrial Emissions Directive.
In addition to this, a definition was also given for ‘above-ground storage tank’.
This corrects an omission in the BOR.
Part E
For the explanatory notes on this Part, please refer to the explanatory notes on
Part A on the subject of Clause 1.
Part F(1)
This Amendment Decree removes a number of activities from the permit
requirement referred to in Article 2.1(1), preamble and sub e, of the Wabo. First
off, operation of a thermal power plant has been removed from the permit
requirement.
Moreover, burning of fuels in liquid form is no longer subject to permit
requirements as referred to in Article 2.1(1), preamble and sub e, of the Wabo.
Fuels in liquid form also includes liquid fuel (light petroleum oil, medium
petroleum oil or gas-oil as referred to in Article 26 of the Dutch Excise Duty Act).
Burning of liquid fuel was not previously subject to permit requirements.
Third, operation of a combustion plant in which biogas is burned has been
removed from the permit requirement. Third, operation of a combustion plant
with a thermal capacity of up to 15 megawatts in which biomass is burned has
been removed from the permit requirement. Therefore, the definition of biomass
in Annex I, Part A, to the BOR has been included (Part D of Article II of this
Amendment Decree).
Burning of wood pellets in a combustion plant with a thermal capacity of up to 15
megawatts has also been removed from the permit requirement. Incidentally,
wood pellets are often ‘biomass’. Operation of a combustion plant in which other
fuels are burned (such as coal) and burning of biomass or wood pellets in a
combustion plant of more than 15 megawatts of thermal capacity remains subject
to permit requirements.
An establishment where electric motors or combustion engines are present with a
total installed motor ability of 15 megawatts or more remain subject to permit
requirements by virtue of Annex I, Part C, Category 1.4, sub c, of the BOR.
Burning of Biogas in a Combustion Plant and Operation of a Thermal Power Plant
Until entry into force of this decree, burning of biogas in a combustion plant with
a nominal capacity of over 20 kilowatts was subject to permit requirements by
virtue of the BOR, Annex I, Part C, Category 1.4, sub a. In addition to this, an
establishment with a thermal power plant using a fuel other than natural gas,
propane gas or butane gas was subject to permit requirements by virtue of the
BOR, Annex I, Part C, Category 1.4, sub d.
This Amendment Decree sets general rules in the Activities Decree and the
corresponding Regulation on operation of combustion plants. Where desirable,
requirements have also been set on burning of biogas in a combustion plant and
the presence of a thermal power plant. Therefore, this activity is no longer
subject to permit requirements.
Elimination of this permit requirement entails considerable cost savings.
For the time being, production of biogas does in fact remain subject to permit
requirements in connection with external safety. Moreover, as already stated
above, the presence of electric motors or combustion engines with a total
installed motor ability of 15 megawatts or more remains subject to permit
requirements by virtue of Annex I, Part C, Category 1.4, sub c, of the BOR.
Burning of biomass and wood pellets in a combustion plant
Until entry into force of this decree burning of biomass and wood pellets in a
combustion plant was based on the BOR, Annex I, Part C, Categories 1.4 and
28.10.
Category 1.4 states that burning of biomass and wood mass in a combustion
plant with a thermal capacity of up to 15 megawatts is no longer subject to
permit requirements. In many cases, wood pellets will also be biomass. However,
it can also occur that wood pellets are not biomass. In this case as well, burning
them in a combustion plant with a thermal capacity of up to 15 megawatts is no
longer subject to permit requirements. Biomass will be discussed in further detail
below. Therefore, depending on the circumstances, this may also refer to wood
pellets.
Category 28.10 stipulates that burning of waste is, in principle, subject to permit
requirements. Biomass may be waste in the sense of the Waste Framework
Directive.
Based on the Waste Framework Directive, a permit is required for the processing
of waste. Processing means recovery or removal, including preparatory activities
prior to recovery or removal. Recovery means any activity primarily resulting in
the waste serving a useful purpose by replacing other materials, either at the
relevant plant or in the wider economy, that would otherwise have been used for
a specific function, or on the basis of which the waste substance is prepared for
that restrictive function.
Removal means any activity which is not recovery, even where the operation has
a secondary consequence of reclamation of substances or energy.
Certain forms of burning biomass fall under recovery of waste if the heat
produced is recovered to an adequate degree. After all, if biomass were not being
burned, other (fossil) fuels would be. Thus, biomass replaces other materials
which would otherwise be used for the specific function.
However, it may also fall under removal, for instance if the biomass is merely
burned without recovery of the heat produced.
Thus, in principle, processing of any biomass that is waste must remain subject to
permit requirements by virtue of the Waste Framework Directive. However, in
cases of recovery of waste or removal of one's own non-hazardous waste on the
production site, an exemption may be granted by virtue of Article 24, sub b, of
this Waste Framework Directive.
In this Amendment Decree, it was decided to remove the burning of biomass
from the permit requirements in cases of waste recovery by virtue of the
exemption provision in the Waste Framework Directive. Burning of biomass
therefore remains subject to permit requirements for the time being in cases of
waste removal. In order to ensure that the exemption is only applied in cases of
recovery when burning biomass, the BOR, in Annex I, Part C, Category 28.10,
sub 32, states that the heat produced must be recovered. In any case, the heat
produced is being recovered if a plant for burning of biomass has an average
annual heat efficiency of 80 %, calculated based on the lower heating value.
Article 25 of the Waste Framework Directive sets some additional conditions on
the exemption. For instance, general regulations must be established specifying
what types and quantities of waste fall under the exemption. The BOR, in Annex
I, Part C, Category 28.10, sub 32, explicitly states that this is biomass. Biomass
is defined both in the BOR and in the Activities Decree, linking up with the
definition of biomass from the Industrial Emissions Directive. The quantity burned
is indirectly restricted by virtue of Annex I, Part C, Category 1.4, sub a, of the
BOR, from which it follows that establishments with a combustion plant with a
nominal capacity of 15 megawatts or more in which biomass is burned are
subject to permit requirements.
Moreover, by virtue of Article 25 of the Waste Framework Directive, the general
regulations must stipulate which processing methods must be used. It follows
from Category 28.10 that this must be burning of biomass in a combustion plant.
Finally, it has been included, as in the conditions in the BOR, Annex I, Part C,
Category 28.10, sub 32, that burning of biomass must not pose an obstacle to
reuse of materials. This condition was set because, based on Article 4 of the
Waste Framework Directive, reuse of materials is higher than recovery in the
hierarchy.
If the biomass is not waste, the above conditions do not apply. Only the upper
limit for the combustion plant applies in such cases. This follows from Annex I,
Part C, Category 1.4, sub a, of the BOR (new).
Burning of biomass in combustion plants occurs frequently in practice. One
example here would be sawdust plants. Elimination of the permit requirements
entails considerable administrative cost savings. This will be discussed in further
detail in Chapter 9.1 of these explanatory notes. In addition to this, elimination of
the permit requirement contributes to fulfilling the government's desire to
simplify the use of biomass.
Part F, with the exception of Clause 1
An error is corrected in Category 2.7, sub n, of Annex I, Part C, of the BOR.
Category 2.7, sub n, states that a permit was required for ammonia cooling
systems starting from 1 500 litres of ammonia. This should be 1 500 kilograms.
The permit requirement limit in the Establishment External Safety Decree (Bevi)
is 1 500 kilograms (Article 2(1), sub g, of the Bevi). When Annex I of the BOR
was still part of the Activities Decree, it also indicated kilograms. This amendment
corrects the error. In practical terms, this entails an increase in the permit
requirement limit because 1 500 litres of ammonia comes to approximately 900
kilograms.
Category 4.4 is being amended, in particular, because this Amendment Decree
will bring the machining, cleaning, coating, and gluing of rubber and rubber
products, the weighing and mixing of rubber compounds, the processing of
rubber, thermoplastics, and polyester resins and the use of rotation-offset
printing techniques, flexographic printing techniques, and packaging gravure
printing techniques under the scope of the Activities Decree. This means that
general rules will now apply for these activities and permits will no longer be
required. This entails that the BOR, which designates the activities which make an
establishment subject to permit requirements, must be amended.
The amendment to Category 4.4, sub d, and 5.4, sub a, has ensured that the
underground storage of certain organic solvents and propane no longer results in
a permit as referred to in Article 2.1(1), preamble and sub e, of the Wabo. See
also the explanatory notes to the amendment to Subsection 3.4.2 of the Activities
Decree in this Amendment Decree (Part SS).
Subsection k of Category 4.4 has been amended in connection with the updated
version of the PGS 15 published in December of 2011. This version of the PGS 15
includes a new Chapter (Chapter 10) for temporary storage of packaged
hazardous substances. One important change in this Chapter is that the time
element (present in the establishment for shorter or longer than 48 hours) as a
distinguishing criterion between different forms of temporary storage has been
replaced by an expertise criterion. If expert staff are present during the
temporary storage, then some degree of preventative measures will suffice. If no
expert staff are present, then constructional measures must be taken as well.
This change in the PGS 15 enables considerable simplification of that stipulated in
Annex 1 with regard to temporary storage. Temporary storage of over 10 000 kg
of packaged hazardous substances or CMR substances in a fire compartment is
subject to permit requirements. The prior distinction (in the establishment for
shorter or longer than 48 hours) is no longer relevant.
This change links up with the state of the art that was described in the recent
PGS 15, links up with desires in the area of executability and enforceability and
benefits safety.
The change to the PGS 15 for temporary storage is also being incorporated into
the Activities Decree.
Category 9.4 has been adjusted because this Amendment Decree brings industrial
production and processing of foodstuffs and beverages under the scope of the
Activities Decree. This means that general rules will now apply for these activities
and permits will no longer be required. This entails that the BOR, which
designates the activities which make an establishment subject to permit
requirements, must be amended.
Due to the change in Category 11.4, establishments for production of fluid
cement or concrete and establishments for production of cement goods or
concrete goods using presses, vibrating tables or formwork vibrators are no
longer subject to permit requirements as referred to in Article 2.1(1), preamble
and sub e, of the Wabo. This Amendment Decree adds environmental protection
regulations for these activities to the Activities Decree.
In Category 11.4, Subsection o has also lapsed (production of composite stone,
terrazzo, and granite). Now that the plastics and concrete industry have been
incorporated, the processes used to produce these composite materials will fall
under the decree and these processes no longer necessarily require a permit.
Due to the change in Category 12.3, establishments for treatment of metal
surfaces by deseaming and pyrolysis are no longer subject to permit
requirements as referred to in Article 2.1(1), preamble and sub e, of the Wabo.
This Amendment Decree adds environmental protection regulations for these
activities to the Activities Decree.
Given that establishments for production, maintenance, repair, surface treatment,
inspection, cleaning, trading, leasing, or test driving of trams or components
thereof also fall under Category 14.1, it has been decided to let the designation in
Category 13.1, Subsection a, sub 2, lapse. This is merely a technical legal change
and does not involve any change in the content.
Due to the changes in Categories 14.1 and 14.3, establishments for maintenance,
repair, surface treatment, inspection, cleaning, trading, leasing, or test driving of
railway vehicles other than those intended for transport over main railways
designated in Article 2 of the Dutch Railway Act (Spoorwegwet) or components
thereof are no longer subject to permit requirements as referred to in Article
2.1(1), preamble and sub e, of the Wabo. These are establishments for trams,
underground trains, and light rail. Establishments for trains shall in fact remain
subject to permit requirements for the time being, as shall railway yards.
For this distinction between different types of railway vehicles, reference is made
to the Dutch Railway Act. Main railways are designated by virtue of Article 2 of
the Dutch Railway Act. Maintenance, repair, surface treatment, inspection,
cleaning, trading, leasing and test driving of the railway vehicles intended for
transport over these main railways fall under the designation in Category 14.3.
Maintenance, repair, surface treatment, inspection, cleaning, trading, leasing, and
test driving of other railway vehicles are no longer subject to permit
requirements.
Additionally, due to the change in Category 16.4, sub d, production of products
from cardboard is no longer subject to permit requirements as referred to in
Article 2.1(1), preamble and sub e, of the Wabo.The processes that are applied
were already in the Activities Decree.
Due to the change in Category 17.3, indoor shooting ranges are no longer subject
to permit requirements as referred to in Article 2.1(1), preamble and sub e, of
the Wabo. This Amendment Decree adds environmental protection regulations for
these activities to the Activities Decree.
Moreover, Category 19.4 has also been amended so that establishments for
paintball games are no longer subject to permit requirements. However, this
Amendment Decree does not add any environmental protection regulations for
these activities to the Activities Decree.
The relevant environment aspects applying specifically to paintball involve noise,
soil and safety. With regard to noise, paint ball is comparable to other games or
(outdoor) sports. Noise production is caused by shooting with paintball markers
and by participants and spectators. The noise production of the paintball markers
is limited. In addition to this, the paintball markers are filled with compressed air
or CO2. For this reason, an establishment will contain one or more air
compressors or refill canisters with CO2. The noise regulations in the Decree are
adequate for both aspects.
As for soil protection, it also applies that the requirements of the Decree are
adequate. Generally, paintball uses balls with paint consisting of approximately
40 % water with polyethylene glycol and approximately 60 % gelatine. The shell
of the balls is made from edible materials such as medicine capsules. Shooting
with balls of this kind is therefore not regarded as an activity that is hazardous to
the soil. However, there are also balls on the market which contain mineral oil.
Based on the general requirements of the decree with regard to soil protection, it
follows that the use of this type is only permitted on a soil protection facility. As
for safety, one may note the presence of compressed air in pressure vessels and
storage of CO2. The subsection on storage of substances in tanks covers this
activity.
The operator of an establishment is responsible for ensuring that no balls end up
outside of the establishment during play. The manner in which this is
accomplished depends on the location. Typically nets are used. It is not deemed
necessary to include special measures. The fulfilment of this responsibility is
regarded as part of the general duty of care in Article 2.1 of the Decree.
Finally, Category 28.10 of the BOR has been changed on a number of points.
- Category 28.10, sub 4, has been amended so that establishments for recovery
or removal of waste originating during cleaning of public spaces are no longer
subject to permit requirements as referred to in Article 2.1, Clause 1, preamble
and sub e, of the Wabo. Cleaning of public spaces means all activities to clean
streets, squares, canals, beaches, and other public spaces and keep them free of
litter. In the 2009–2021 National Waste Management Plan, this stream falls under
sector plan 9: Waste from maintenance of public spaces. This waste is stored at
the municipal building yard, the maintenance support points of the province,
district water board or Ministry of Waterways and Public Works, or with other
parties which clean parts of public spaces, such as sweepings from the clearing of
tram rails from a tram operator. The waste produced in the maintenance of the
sewers (known as ‘sewer, cesspool, and pumping station sludge’ (or ‘RKG’
sludge) which also falls under that sector plan has been included under 28.10,
sub 12.–Category 28.10, sub 6, has been expanded to include refurbishing of up
to 10 000 tonnes of tyres for product reuse. For retreading, processes are
applied from the rubber industry that have now been included in Chapter 4 of the
Activities Decree.
- Category 28.10, sub 7, has been expanded to include the cleaning of coils from
electric motors. This Amendment Decree adds environmental protection
regulations for these activities to the Activities Decree. Deseaming of other metal
waste, in particular transformer coils, remains subject to permit requirements.
- Category 28.10, sub 12, sub a, the second, includes a clarification. Given that
‘tarry or bituminous roof waste, composites of tarry or bituminous roof waste,
shingles adhered with tar or bitumen’ all fall under the broader term of ‘roof
waste’, it has been decide to only use ‘roof waste’. The sector plan for roof waste
in the LAP2 is currently under review. The subdivision into tarry, bituminous
composite waste, and roof waste adhered with tar or bitumen does in fact remain
relevant: companies conducting these activities (roofers and contractors) must in
fact keep the roof waste separated into these four streams. This follows from
Article 2.12 of the Activities Decree and Article 2.9 of the Activities Regulation.
- ‘Waste from maintenance to facilities for management of waste water’ has been
added to Category 28.10, sub 12, sub b.
‘Waste from maintenance to facilities for management of waste water’ primarily
refers to the sludge produced during maintenance of sewers, cesspools and
pumping stations (‘RKG’ sludge). Forty-five cubic metres of this waste may be
stored at the establishment of the party performing the maintenance on the
facilities. In general, this will be the municipality or the district water board or a
subcontractor thereof.
- The addition of Part 31o in Category 28.10 repeals the permit requirement
based on Article 2.1(1), preamble and sub e, of the Wabo for mixing of waste for
preparation of fluid concrete within an establishment as referred to in Category
11.1, sub b, of Part C of Annex I.
- For the addition of Part 32o in Category 28.10, reference is made to the
explanatory note given above (see Part F(1) under the heading ‘Burning of
biomass and wood pellets in a combustion plant’).
- The addition of Part 33o in Category 28.10 repeals the permit requirement
based on Article 2.1(1), sub e, of the Wabo, for compacting of non-hazardous
residual waste produced at the same establishment. Based on Article 24 of the
Waste Framework Directive (2008/98) enterprises may be exempted from a
permit requirement for removal of their own non-hazardous waste on the
production site. For this, it is necessary to specify the type and quantity of waste
exempted and the processing method to be used.
Article III
Until entry into force of this Decree, the Decree on Type Approval of Heaters for
Nitrogen Oxide Air Scrubbing (the Btvls) gave requirements on emissions to the
air for having an operating air heater or burner within an establishment. The
corresponding Regulation on Type Approval of Heaters for Nitrogen Oxide Air
Scrubbing included how these emissions requirements had to be determined. For
inspection and maintenance of the plants, the burners in boiler plants already fell
under the BEMS.
The explanatory notes on 3.10b (new) have already stated that, for the sake of
transparency for the establishment owner, this Amendment Decree already brings
the environmental requirements that apply to operation of combustion plants
under the Activities Decree. This way, the establishment owners no longer need
to look through different decrees. Within this framework, the rules from the
Activities Decree and the Activities Regulation will now apply to having an
operational air heater or burner in an establishment.
However, emissions requirements have not been included in the Activities Decree
for air heaters, burners outside of boiler plants or burners with a nominal thermal
capacity of less than 400 kilowatts. The duty of care applies to these. For burners
that are also actually a boiler plant and which have a nominal thermal capacity of
between 400 kilowatts and 1 megawatt, the emissions requirements in Article
3.10a have been included, including the corresponding provisions on faults and
measurements. The requirements pertaining to inspection and maintenance
apply to practically all combustion plants, i.e., just as before, also to combustion
plants in establishments that previously fell under the Btvls.
The repeal of the Btvls also entails the repeal of the emissions requirements on
operating of air heaters and burners outside of establishments. In practice, these
requirements are not checked. Once the Ecodesign Directive discussed in the
explanatory notes to 3.10b (new) takes effect, the requirements included there
for these combustion plants will also take effect. In anticipation of this change,
this decree has therefore been repealed in its entirety.
In this Amendment Decree, the BEMS has been transferred to Subsection 3.2.1 of
the Activities Decree. The BEMS can therefore be repealed.
Article IV
This Decree shall enter into force on a date determined by Royal Decree. This
date shall coincide with the entry into force of the provisions of the
implementation regulations set out in a Ministerial Regulation.
THE STATE SECRETARY FOR INFRASTRUCTURE AND THE ENVIRONMENT,
Joop Atsma