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Commission Implementing Decision (EU) 2021/2326 of 30 November 2021 establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for large combustion plants
(Text with EEA relevance)
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Two main technical committees are developing standards in support of the EC Implementing Decision:
- CEN/TC 230 - Water analysis. This Committee is responsible for the Standardization in the area of water analysis including: - definition of terms; - sampling of water; - measurement; - reporting. Excluded are the limits of acceptability for water quality
- CEN/TC 264 - Air quality. This Committee is responsible for the Standardisation of methods for air quality characterisation of emissions, ambient air, indoor air, gases in and from the ground and deposition, in particular measurement methods for air pollutants (for example particles, gases, odours, microorganisms), meteorological parameters and methods for determination of the efficiency of gas cleaning systems.
Excluded are: - determination of limit values for air pollutants, - workplaces and clean rooms, - radioactive substances
The following European and international standards support the application of Best Available Techniques (BAT) supporting the reduction of emissions for large combustion plants, in the context of the Directive 2010/75/EU on industrial emissions:
EN 872:2005 - Water quality - Determination of suspended solids - Method by filtration through glass fibre filters. This standard supports BAT 5: to monitor emissions to water from flue-gas treatment for Total suspended solids (TSS)
The Commission Implementing Decision includes a generic reference to Environmental Management Systems with additional requirements as indicated in the Commission Implementing Decision. The application of EMAS and/or the standard EN ISO 14001:2015 - Environmental management systems - Requirements with guidance for use (ISO 14001:2015), ensuring that the additional requirements of the Decision are included in the system and met. This standard supports directly the application of BAT 1: implement and adhere to an environmental management system (EMS) that incorporates all of the features defined in the Implementing Decision. In addition, it supports indirectly the application of:
-> BAT 9 for quality assurance/quality control programmes to ensure that the characteristics of all fuels are fully determined and controlled;
-> BAT 10 and BAT 11 for a management plan in order to reduce emissions to air and/or to water during other than normal operating conditions, including start-up and shutdown periods;
-> a waste management plan to ensure that waste is avoided, prepared for reuse, recycled or otherwise recovered, including the use of techniques given in BAT 16
EN ISO 10304-1:2009 - Water quality - Determination of dissolved anions by liquid chromatography of ions - Part 1: Determination of bromide, chloride, fluoride, nitrate, nitrite, phosphate and sulfate (ISO 10304-1:2007) and EN ISO 10304-1:2009/AC:2012 - Water quality - Determination of dissolved anions by liquid chromatography of ions - Part 1: Determination of bromide, chloride, fluoride, nitrate, nitrite, phosphate and sulfate - Technical Corrigendum 1 (ISO 10304-1:2007/Cor 1:2010). This standard supports BAT 5: to monitor emissions to water from flue-gas treatment for the determination of Fluoride (F-) or Sulphate (SO4 2-) or Chloride (Cl-)
Note: In the text of the Commission Implementing Decision, reference is made to EN 21258, but the correct reference is EN ISO 21258.
Selected parts of the legislative text
Commission Implementing Decision (EU) 2021/2326 of 30 November 2021 establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for large combustion plants (notified under document C (2021) 8580) (Text with EEA relevance)
COMMISSION IMPLEMENTING DECISION (EU) 2021/2326
of 30 November 2021
establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for large combustion plants
(notified under document C (2021) 8580)
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (1), and in particular Article 13(5) thereof,
Whereas:
(1) Best available techniques (BAT) conclusions are the reference for setting permit conditions for installations covered by Chapter II of Directive 2010/75/EU and competent authorities are to set emission limit values that ensure that, under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques as laid down in the decisions on BAT conclusions.
(2) The forum composed of representatives of Member States, the industries concerned and non-governmental organisations promoting environmental protection, established by Commission Decision of 16 May 2011 establishing a forum for the exchange of information pursuant to Article 13 of the Directive 2010/75/EU on industrial emissions (2), provided the Commission with its opinion on the proposed content of the BAT reference document for large combustion plants on 20 October 2016. That opinion is publicly available.
(3) The key elements of the BAT reference document were endorsed as BAT conclusions by Commission Implementing Decision (EU) 2017/1442 (3).
(4) By judgment of 27 January 2021 in Case T-699/17 (4) (‘the judgment in Case T-699/17’), the General Court annulled Implementing Decision (EU) 2017/1442.
(5) By the judgment in Case T-699/17, the General Court also ruled that the annulment of Implementing Decision (EU) 2017/1442 with immediate effect would run counter to the objectives of ensuring a high level of environmental protection and the improvement of environmental quality, as provided for in Article 191(2) of the Treaty on the Functioning of the European Union, in Article 37 of the Charter of Fundamental Rights of the European Union, and in recitals 2 and 44 as well as in Article 1 of Directive 2010/75/EU, to which that Implementing Decision contributes.
(6) Consequently, the General Court ordered that the effects of Implementing Decision (EU) 2017/1442 be maintained until the entry into force, within a reasonable period which cannot exceed 12 months from the date of delivery of the judgment in Case T-699/17, of a new act intended to replace it and adopted in accordance with the qualified-majority rules laid down in Article 3(3) of Protocol No 36 to the Treaties.
(7) On 2 April 2021 the Commission appealed the judgment in Case T-699/17 (Case C-207/21 P). As the appeal does not have suspensive effect, in order to comply with the judgment in Case T-699/17 and to ensure the effective and full implementation of Directive 2010/75/EU before the judgment of the Court of Justice is delivered in Case C-207/21 P, it is necessary to adopt a new implementing decision. The new decision is to be adopted following the opinion of the Committee established by Article 75(1) of Directive 2010/75/EU delivered in accordance with the qualified-majority rules laid down in Article 3(3) of Protocol No 36 to the Treaties.
(8) As a consequence of the judgment in Case T-699/17 maintaining the effects of Implementing Decision (EU) 2017/1442, it is necessary to ensure legal continuity between Implementing Decision (EU) 2017/1442 and this Decision. In particular, the BAT conclusions set out in the Annex to Implementing Decision (EU) 2017/1442, that are the key element of the BAT reference document, should be readopted unchanged. Maintaining the effects of Implementing Decision (EU) 2017/1442 also means that in the definition of a ‘new plant’ set out in the BAT conclusions, the reference to ‘the publication of these BAT conclusions’ is to be understood as the date of publication of Implementing Decision (EU) 2017/1442 on 17 August 2017.
(9) For the purposes of legal certainty, it is necessary to lay down rules on the applicability of this Decision if the Court of Justice decides to reverse the judgement in Case T-699/17.
(10) The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 75(1) of Directive 2010/75/EU,
HAS ADOPTED THIS DECISION:
The best available techniques (BAT) conclusions for large combustion plants, as set out in the Annex, are adopted.
In the event that the Court of Justice reverses the judgment in Case T-699/17 so that Implementing Decision (EU) 2017/1442 remains valid, this Decision shall cease to apply on the date of the delivery of the judgment in Case C-207/21 P.
This Decision is addressed to the Member States.
Done at Brussels, 30 November 2021.
For the Commission
Virginijus SINKEVIČIUS
Member of the Commission
(1) OJ L 334, 17.12.2010, p. 17.
(2) OJ C 146, 17.5.2011, p. 3.
(3) Commission Implementing Decision (EU) 2017/1442 of 31 July 2017 establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for large combustion plants (OJ L 212, 17.8.2017, p. 1).
(4) Judgment of the General Court of 27 January 2021, Poland v Commission, T-699/17, ECLI:EU:T:2021:44.
BEST AVAILABLE TECHNIQUES (BAT) CONCLUSIONS
These BAT conclusions concern the following activities specified in Annex I to Directive 2010/75/EU:
—1.1: Combustion of fuels in installations with a total rated thermal input of 50 MW or more, only when this activity takes place in combustion plants with a total rated thermal input of 50 MW or more.
—1.4: Gasification of coal or other fuels in installations with a total rated thermal input of 20 MW or more, only when this activity is directly associated to a combustion plant.
—5.2: Disposal or recovery of waste in waste co-incineration plants for non-hazardous waste with a capacity exceeding 3 tonnes per hour or for hazardous waste with a capacity exceeding 10 tonnes per day, only when this activity takes place in combustion plants covered under 1.1 above.
In particular, these BAT conclusions cover upstream and downstream activities directly associated with the aforementioned activities including the emission prevention and control techniques applied.
The fuels considered in these BAT conclusions are any solid, liquid and/or gaseous combustible material including:
—solid fuels (e.g. coal, lignite, peat);
—biomass (as defined in Article 3(31) of Directive 2010/75/EU);
—liquid fuels (e.g. heavy fuel oil and gas oil);
—gaseous fuels (e.g. natural gas, hydrogen-containing gas and syngas);
—industry-specific fuels (e.g. by-products from the chemical and iron and steel industries);
—waste except mixed municipal waste as defined in Article 3(39) and except other waste listed in Article 42(2)(a)(ii) and (iii) of Directive 2010/75/EU.
These BAT conclusions do not address the following:
—combustion of fuels in units with a rated thermal input of less than 15 MW;
—combustion plants benefitting from the limited life time or district heating derogation as set out in Articles 33 and 35 of Directive 2010/75/EU, until the derogations set in their permits expire, for what concerns the BAT-AELs for the pollutants covered by the derogation, as well as for other pollutants whose emissions would have been reduced by the technical measures obviated by the derogation;
—gasification of fuels, when not directly associated to the combustion of the resulting syngas;
—gasification of fuels and subsequent combustion of syngas when directly associated to the refining of mineral oil and gas;
—the upstream and downstream activities not directly associated to combustion or gasification activities;
—combustion in process furnaces or heaters;
—combustion in post-combustion plants;
—flaring;
—combustion in recovery boilers and total reduced sulphur burners within installations for the production of pulp and paper, as this is covered by the BAT conclusions for the production of pulp, paper and board;
—combustion of refinery fuels at the refinery site, as this is covered by the BAT conclusions for the refining of mineral oil and gas;
—disposal or recovery of waste in:
—waste incineration plants (as defined in Article 3(40) of Directive 2010/75/EU),
—waste co-incineration plants where more than 40 % of the resulting heat release comes from hazardous waste,
—waste co-incineration plants combusting only wastes, except if these wastes are composed at least partially of biomass as defined in Article 3(31)(b) of Directive 2010/75/EU,
as this is covered by the BAT conclusions for waste incineration.
Other BAT conclusions and reference documents that could be relevant for the activities covered by these BAT conclusions are the following:
—Common Waste Water and Waste Gas Treatment/Management Systems in the Chemical Sector (CWW)
—Chemical BREF series (LVOC, etc.)
—Economics and Cross-Media Effects (ECM)
—Emissions from Storage (EFS)
—Energy Efficiency (ENE)
—Industrial Cooling Systems (ICS)
—Iron and Steel Production (IS)
—Monitoring of Emissions to Air and Water from IED installations (ROM)
—Production of Pulp, Paper and Board (PP)
—Refining of Mineral Oil and Gas (REF)
—Waste Incineration (WI)
—Waste Treatment (WT)
(...)
See attached file for the detailed content of the annex
Water quality - Determination of nitrogen - Determination of bound nitrogen (TNb), following oxidation to nitrogen oxides
99.60 Withdrawal effective
Air quality - Stationary source emissions - Manual method of determination of the concentration of total mercury
90.93 Standard confirmed
Air quality - Stationary source emissions - Manual method of determination of the concentration of total mercury
60.60 Standard published
Stationary source emissions - Determination of the total emission of As, Cd, Cr, Co, Cu, Mn, Ni, Pb, Sb, TI and V
90.93 Standard confirmed
Water analysis - Guidelines for the determination of total organic carbon (TOC) and dissolved organic carbon (DOC)
90.93 Standard confirmed
Air quality - Stationary source emissions - Determination of total mercury: automated measuring systems
99.60 Withdrawal effective
Stationary source emissions - Determination of mass concentration of gaseous chlorides expressed as HCl - Standard reference method
90.93 Standard confirmed
Stationary source emissions - Determination of the mass concentration of PCDDs/PCDFs and dioxin-like PCBs - Part 1: Sampling of PCDDs/PCDFs
90.93 Standard confirmed
Stationary source emissions - Determination of the mass concentration of PCDDs/PCDFs and dioxin-like PCBs - Part 2: Extraction and clean-up of PCDDs/PCDFs
90.93 Standard confirmed
Stationary source emissions - Determination of the mass concentration of PCDDs/PCDFs and dioxin-like PCBs - Part 3: Identification and quantification of PCDDs/PCDFs
90.93 Standard confirmed
Water quality - Determination of suspended solids - Method by filtration through glass fibre filters
90.93 Standard confirmed
Water quality - Determination of dissolved anions by liquid chromatography of ions - Part 1: Determination of bromide, chloride, fluoride, nitrate, nitrite, phosphate and sulfate (ISO 10304-1:2007)
60.60 Standard published
Water quality - Determination of dissolved anions by liquid chromatography of ions - Part 3: Determination of chromate, iodide, sulfite, thiocyanate and thiosulfate (ISO 10304-3:1997)
90.93 Standard confirmed
Stationary source emissions - Manual method for the determination of the methane concentration using gas chromatography (ISO 25139:2011)
60.60 Standard published