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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


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


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 thelong-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 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


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


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


Article 2.1a


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, andd. ‘4.113a’ shall be replaced with: 3.150.

P


Article 2.3a


Q


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


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


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


Article 2.14c


Y


Article 2.15a


Z


Article 2.16b


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


Article 2.22a


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


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 3.10Boiler system with a rated power of 1 Megawatt or more

Fuel nitrogen oxides (NOx)

(mg per normalised cubic

metre)

sulphurdioxide

(SO2) (mg per

normalised cubic metre)

Overall substan

ces (mg per normalised cubic metre)

unburned hydro-

carbons(CxHy)(mg per


Solid fuel, excluding biomass

100 200 5 -

Liquid fuel, excluding biomass

120 200 5 -

Biomass, if the boiler system has a thermal power lower than 5 Megawatts

200 200 20 -

Biomass, if the boiler system has a thermal power higher

145 200 5 -

than 5 MegawattsNatural gas 70 200 - -Gaseous fuel, excluding natural gas

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 - -

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 3.10aBoiler system with a rated power between 400 kilowatts and 1 Megawatt

Fuel nitrogen oxides(NOx)

(mg per normalised cubic

metre)

sulphur dioxide

(SO2) (mg per normalised cubic

metre)

Overall substances (mg

per normali

sed cubic

metre)

unburned hydro-

carbons(CxHy)(mg per


Liquid fuel, excluding biomass

120 200 20 -

Biomass 300 200 40 -

Natural gas 70 200 - -Gaseous fuel, excluding natural gas

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 - -

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 3.10bBoiler system with a rated power of 400 kilowatts or less


(mg per normalised

cubic metre)

sulphur dioxide

(SO2) (mg per normalised

cubic metre)

Overall substances (mg per normalise

d cubic metre)

unburned hydrocarbons

(CxHy)(mg per


Biomass 300 200 40 -Wood pellets, to the extent that they do not constitute biomass

300 200 40 -

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 3.10dGas turbine


(mg per normalised

cubic metre)

sulphur dioxide(SO2)

(mg per normalised

cubic metre)

Overall substances

(mg per normalised

cubic metre)

unburned hydrocarbon

s(CxHy)

(mg per normalised

cubic metre)Liquid fuel 140,

normalised to ISO air conditions

200 15 -

Fuel, excluding liquid fuel

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 3.10eDiesel engine


(mg per normalised

cubic metre)


(mg per normalised

cubic metre)

Overall substances

(mg per normalised

cubic metre)

unburned hydrocarbon

s(CxHy)(mg per


All fuels 450, normalised to ISO air conditions

200 50 -

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 3.10fGas-fuelled engine


(mg per normalised

cubic metre)


(mg per normalised

cubic metre)

Overall substances (mg per normalise

d cubic metre)

unburned hydrocarbons

(CxHy)(mg per


Fuel, for gas-fuelled engines with a thermal power less than 2.5 Megawatts,

340 200 - -

not including fermentation gasFuel, for gas-fuelled 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 soil-threatening 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, andd. 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; orc. 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, and2°. 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; and3°. 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. 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, orj. 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, orb. 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, ord. 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, orf. 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, andg) 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, orb. 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; andb. 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, orb. 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; andb. 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 — orb. 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, andb. 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, orc. 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:


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, orh. solid artificial fertilisers.

CCC

In Article 4.1, Paragraph (10) shall be deleted, and Paragraph (11) renumbered as (10).

DDD


Section 4.1.2. Storage of fireworks, pyrotechnic articles for display use or other explosive substances.

EEE


Article 4.1a

This section shall apply to the storage of fireworks, pyrotechnic articles for display use or other explosive substances.

FFF


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, orf. liquid soil-threatening substances, other than:1°. hazardous substances;2°. CMR substances;3°. lubricating oil, or4°. 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


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, andc. 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.

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Article 4.16

This Section shall apply to the storage of solid artificial fertilisers.

MMM

Sub-chapter 4.2 shall be deleted.

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Section 4.3. Activities related to wood or cork

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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


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


Section 4.4. Activities related to rubber or plastic.

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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; andb. 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


Section 4.4.2. Cleaning, coating or gluing rubber, plastics, or products made of rubber or plastics.

WWW


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; andb. 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


Section 4.5.1. Non-chipping, machining or thermal operations on or mechanical finishing of metals.

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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.

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Article 4.38a

This section shall apply to the welding of metals.

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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; andb. 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


Article 4.43a

This section shall apply to the soldering of metals.

HHHH


Article 4.48a

This section shall apply to the blasting of metals.

IIII


Section 4.5.5. Cleaning, gluing or coating of metals.

JJJJ


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.

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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, orc. 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


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


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.

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Section 4.5.8. Electrolytic or current-less application of metal coats to metals.

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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


Article 4.63a

This section shall apply to the drying of metals.

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Article 4.64a

This section shall apply to the application of conversion layers to metals.

VVVV


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.

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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; andb. 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, orb. 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, andd. 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; andb. 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


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


Article 4.76

This section shall apply to deliveries of liquid fuels to vessels.

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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


Section 4.6.5. Maintenance or repair of engines, motor vehicles, railway vehicles or other motorised equipment or test runs of combustion engines.

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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.

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Section 4.6.6. Maintenance, repair, or spraying of pleasure craft.

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Article 4.85a

This section shall apply to the maintenance, repair, and spraying of pleasure craft.

SSSSS


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


Section 4.7. Activities related to printing processes.

WWWWW


Section 4.7.1. Developing or printing of photographic material.

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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


Article 4.89a

This section shall apply to screen printing.

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Article 4.90(2) and (3) and the reference “1.” before the first paragraph shall be deleted.

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Article 4.93a

This section shall apply to printing on sheet-fed offset.

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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, orc. 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; andc. 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; andc. in order to achieve a negligible soil risk; ord. 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.

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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


Article 4.103bb

This section shall apply to the welding of textiles.

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The heading of Section 4.7a0.5 (new) shall read as follows:

Section 4.7a.5. Gluing or coating textiles.

PPPPPP


Article 4.103ca

This section shall apply to the gluing or coating of textiles.

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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, orb. 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


Article 4.113

This section shall apply to operating a battery charger.

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Sections 4.8.7. and 4.8.8. shall be deleted.

VVVVVV


Section 4.8.9. Operating a crematorium or using a garden of rest.

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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:


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:


Article 6


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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.

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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.

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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].

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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).

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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, orc. 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.

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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.

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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.

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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.

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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.

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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.

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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.

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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, and5º. 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, 4-methyl-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, or2°. 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, 4-methyl-

2-pentanone, 1-propanol, 2-propanol or propanone, in underground storage tanks with a volume exceeding 150 cubic metres;.


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.


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).


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.


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], orb. 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 and 4. The requirements applicable to facilities requiring a permit are now all contained in Chapter 3, and no longer in Chapter 4.

1 Official Journal [Staatsblad] 2008, 496 (Wabo Associated Provisions Act [Invoeringswet Wabo], Official Journal 2010, 142)2 Official Journal 2009, 107.

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.

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

3 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.

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 counter-productiveness, 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.

Businesses were also represented through their various umbrella organisations such as MKB and VNO-NCW.

4 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.

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 limited-assessment 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: soil-protection 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

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

5 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.

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 requirementb. 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 Number of companies

Permit costs baseline

Total costs

Rubber and plastics 58 €15 938 €924 404

processing industry

Rubber processing

Rubber and plastics processing industry

Polyester resin

350 €15 938 €5 578 300


Processing of thermoplastics

130 €15 938 €2 071 940

The Foodstuffs Industry 600 €9 826 €5 895 600

Shooting establishments 645 €2 525 €1 628 625

Railway establishments 50 €2 525 €126 250

Concrete Industry 600 €11 875 €7 125 000

Printing & graphics industry

e.g. rotation/cardboard

150 €6 101 €915 150

Combustion plants 700 €2 525 €1 767 500

Total 2 583 €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 Number of companies

Ave. Activities Decree costs

Total costs


Rubber processing

58 €631 €36 598


Polyester resin

350 €631 + €2 525 =

€3 156

€1 104 600


Processing of thermoplastics

130 €631 €82 030

Foodstuffs industry 600 €353 €211 800

Shooting establishments 645 €192 €123 840

Railway establishments 50 €192 €9 600

Concrete Industry 600 €328 + €2 525 =

€2 953

€1 771 800

Printing & graphics industry

e.g. rotation/cardboard

150 €258 €38 700

Combustion plants 700 €192 €134 400

Total 2 583 €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 non-operational, content-related compliance costs. These costs were calculated as follows: there are approximately 30 400 such boiler plants in use. There is a one-off 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 PlantAs 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 TankThe 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 TankThe 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 long-term 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 odour-sensitive 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 NEN-EN 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 above-ground 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 cost-effective, 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 CareUnpurified 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

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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 SewerThe 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 = 3If 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, ando 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.

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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 WaterRemoval 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 (TNO-MON-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


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


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 (2009-2011). 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 shockingCompaction 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 non-printing 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. Water-based 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 (Wm-verguning))). 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 levelb. 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

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