LIMIT VALUES AND QUALITY OBJECTIVES FOR DISCHARGES OF CERTAIN DANGEROUS SUBSTANCES INTO THE AQUATIC

SUBSTANCES INTO THE AQUATIC ENVIRONMENT

SUBSIDIARY LEGISLATION 549.17

LIMIT VALUES AND QUALITY OBJECTIVES FOR

DISCHARGES OF CERTAIN DANGEROUS

SUBSTANCES INTO THE AQUATIC

ENVIRONMENT REGULATIONS

28th June, 2002

LEGAL NOTICE 227 of 2001, as amended by Legal Notices 426 of 2007

and 24 of 2011.

The title of these regulations is the Limit Values and

Quality Objectives for Discharges of Certain Dangerous Substances

into the Aquatic Environment Regulations.

(1) For the purpose of these regulations and unless the

context otherwise requires

"competent authority" means the Department for Environment

Protection under the guidance of the Director for Environment

Protection and such other body or person as the Minister

responsible for the environment may by order in the Gazette

prescribe and different bodies or persons may be designated as a

competent authority for different provisions and different purposes

of these regulations;

"existing plant" means an industrial plant which is operational on

the date of entry into force of these regulations;

"handling of substances" means any industrial process involving

the production, the processing or use of substances, or any other

industrial process in which the presence of such substances is

inherent;

"industrial plant" means a plant at which substances, or any other

substances containing them, are handled;

"limit values" means the values specified in Annex II, under

heading A, in respect of substances;

"new plant" means

(a) an industrial plant which becomes operational after the

entry into force of these regulations;

(b) an existing industrial plant whose capacity for

handling the substances is substantially increased after

the entry into force of these regulations;

"quality objectives" means the requirements specified in Annex

II, under heading B, in respect of substances;

"substances" means those dangerous substances, belonging to the

families and groups of substances appearing in List I in the Annex

to the Pollution Caused by Certain Dangerous Substances

Discharged into the Aquatic Environment Regulations, which are

specified in Annex II.

SUBSTANCES INTO THE AQUATIC ENVIRONMENT

(2) These regulations apply to the waters referred to in

regulation 2(2) of the Pollution Caused by Certain Dangerous

Substances Discharged into the Aquatic Environment Regulations,

with the exception of ground water.

(1) The limit values, the time limits for compliance

therewith and the procedures for monitoring discharges are laid

down in the Annexes, under heading A.

(2)

(a) The competent authority shall apply the limit values at

the point where waste waters containing substances

leave the industrial plant

Provided that if the competent authority considers, in

the case of certain substances, to lay down other points

where the limit values shall apply, it shall list these

points in Annex II.

(b) The competent authority may permit the limit values to

be applied at the point where the waste waters leave

the treatment plant, when waste waters containing

these substances are treated outside the industrial plant

at a treatment plant intended for their removal.

(3) The competent authority shall ensure that any permits or

licence referred to in regulation 4 of the Pollution Caused by

Certain Dangerous Substances Discharged into the Aquatic

Environment Regulations, shall contain provisions at least as

stringent as those set out under heading A in the Annexes to these

regulations, except where the competent authority is complying

with regulation 3(3) of the Pollution Caused by Certain Dangerous

Substances Discharged into the Aquatic Environment Regulations,

on the basis of heading B in the Annexes to these regulations. The

competent authority shall review any permit or licence at least

every four years.

( 4 ) Wi t h o u t p r e j u d i c e t o t h e i r o b l i g a t i o n s a r i s i n g f r o m

subregulations (1), (2) and (3) and to the Pollution Caused by

Certain Dangerous Substances Discharged into the Aquatic

Environment Regulations, the competent authority may grant

permits or licences for new plants, only if those plants apply the

standards corresponding to the best technical means available when

that is necessary for the elimination of pollution in accordance with

regulation 3 of the said regulations or for the prevention of

distortions of competition.

(5) The competent authority shall use the reference method of

analysis listed under heading C in Annex II

Provided that the competent authority may use other limits

of detection, precision and accuracy which are at least as good as

those laid down under heading C in Annex II.

(6) The competent authority shall seek to ensure that the

measures taken pursuant to these regulations do not result in an

increase in the pollution of other media, notably soil and air, by

these substances.

SUBSTANCES INTO THE AQUATIC ENVIRONMENT

(1) The competent authority shall be responsible for

monitoring the aquatic environment affected by discharges from

industrial establishments and by other sources of significant

discharges.

(2) In the case of discharges affecting the territorial waters of

Malta and of other States the competent authority concerned shall

cooperate with the competent authorities of Malta and other States,

with a view to harmonizing monitoring procedures.

(1) The competent authority shall, with respect to

substances to which specific reference is made in Annex II, draw

up specific programmes to avoid or eliminate pollution from

significant sources of these substances, including multiple and

diffuse sources, other than sources of discharges subject to such

other regulations in force establishing limit value rules or emission

standards.

(2) The programmes shall include the most appropriate

measures and techniques for the replacement, retention or recycling

of the substances referred to in subregulation (1).

(3) The specific programmes shall be implemented not later

than five years after the date of entry into force of these regulations

which relates specifically to the substance concerned.

Any person shall be guilty of an offence under these

regulations if

(a) he fails to comply with any provision of these

regulations or with any order lawfully given in terms

of any provision of these regulations; or

(b) he contravenes any restriction, prohibition or

requirement imposed by or under these regulations; or

(c) he acts in contravention of any of the provisions of

these regulations; or

(d) he conspires or attempts, or aids, or abets, any other

person by whatever means, including advertising,

counselling or procurement to contravene the

provisions of these regulations or to fail to comply

with any such provisions, including any order lawfully

given in terms of any of the provision of these

regulations, or to contravene any restriction,

prohibition or requirement imposed by or under the

said regulations.

Any person who commits an offence against these

regulations shall, on conviction, be liable

(a) on a first conviction to a fine (multa) of not less than

one thousand and one hundred and sixty-four euro and

sixty-nine cents (€1,164.69) but not exceeding two

thousand and three hundred and twenty-nine euro and

thirty-seven cents (€2,329.37);

(b) on a second or subsequent convictions, to a fine

SUBSTANCES INTO THE AQUATIC ENVIRONMENT

(multa) of not less than two thousand and three

hundred and twenty-nine euro and thirty-seven cents

(€2,329.37) but not exceeding four thousand and six

hundred and fifty-eight euro and seventy-five cents

(€4,658.75), or to imprisonment for a term not

exceeding two years, or to both such fine and

imprisonment

Provided that whenever any person is found guilty of

committing an offence under these regulations by means of a

vehicle, the owner of the said vehicle, where applicable, is held

liable in the same manner and degree

Provided further that the court shall order any person who

has been found guilty of committing an offence against these

regulations to pay for the expenses incurred by the public entities

and, or other persons acting on their behalf involved in the

implementation of these regulations and restitution of the

environment as a result of the said offence, the revocation of the

permit issued by the Police and the confiscation of the corpus

delicti.

(1) The provisions of articles 23 and 30(1) of the Criminal

Code shall, mutatis mutandis, apply to proceedings, in respect of

offences against these regulations, so however that the

disqualification from holding or obtain a licence, permit or

authority shall in no case be for less than one year.

(2) Notwithstanding the provisions of article 370 of the

Criminal Code, proceedings for an offence against these

regulations shall be taken before the Court of Magistrates (Malta)

or the Court of Magistrates (Gozo), as the case may be, and shall be

in accordance with the provisions of the Criminal Code regulating

the procedure before the said courts as courts of criminal

judicature.

(3) Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal to the Court of

Criminal Appeal from any judgement given by the Court of

Magistrates (Malta) or the Court of Magistrates (Gozo) in respect

of proceedings for any offence against these regulations.

Annex I and II of these regulations are being published in

English together with the English version of these regulations.

SUBSTANCES INTO THE AQUATIC ENVIRONMENT

ANNEX I

GENERAL PROVISIONS

This Annex is divided into three headings which set out the general provisions

applicable to all the substances concerned

- A: limit values for emission standards,

- B: quality objectives,

- C: reference methods of measurement.

The general provisions are amplified and supplemented in Annex II by a series of

specific provisions applicable to individual substances.

HEADING A

Limit values, dates set for compliance therewith and procedures for monitoring

discharges

1. The limit values and the dates set for compliance therewith are set out in

Annex II, under heading A, in respect of the different types of industrial plant

concerned.

2. The quantities of substances discharged are expressed in terms of the

quantity of substances produced, processed or used by the industrial plant during the

same period or, in accordance with regulation 6(1) of the Pollution Caused by

C e r t a i n D a n g e r o u s S u b s t a n c e s D i s c h a rg e d i n t o t h e A q u a t i c E n v i r o n m e n t

Regulations, of another parameter characteristic of that activity.

3. Limit values for industrial plants which discharge substances and which are

not mentioned under heading A in Annex II shall, where necessary, be determined by

the Council at a later stage. Meanwhile, the competent authority shall set, in

accordance with the Pollution Caused by Certain Dangerous Substances Discharged

into the Aquatic Environment Regulations, emission standards for discharges of such

substances. Such standards shall take into account the best technical means available

and shall not be less stringent than the most nearly comparable limit value set out

under heading A in Annex II. This paragraph shall also apply where an industrial

plant has activities other than those for which limit values have been set under

heading A in Annex II and which are likely to be a source of discharges of

substances.

4. Limit values expressed as concentrations which, in principle, shall not be

exceeded are given in Annex II under heading A, in respect of the industrial plants

concerned. In no instance may limit values expressed as maximum concentrations,

when they are not the only values applicable, be greater than limit values expressed

by weight divided by water requirements per element characteristic of the polluting

activity. However, because the concentration of these substances in effluents

depends on the volume of water involved, which varies for different processes and

plants, the limit values expressed in terms of the weight of the substances discharged

in relation to the parameters characteristic of the activity given under heading A in

Annex II, shall be complied with in all cases.

5. A monitoring procedure shall be instituted to check whether the discharges

of substances comply with the emission standards. This procedure shall provide for

the taking and analysis of samples and for measurement of the flow of the discharge

and the quantity of substances handled or, where appropriate, measurement of the

parameters characteristic of the activity causing pollution as listed in Annex II,

heading A. In particular, should the quantity of substances handled be impossible to

SUBSTANCES INTO THE AQUATIC ENVIRONMENT

determine, the monitoring procedure may be based on the quantity of substances that

may be used as a function of the production capacity on which the authorization was

based.

6. A sample representative of the discharge over a period of 24 hours shall be

taken. The quantity of substances discharged over one month shall be calculated on

the basis of the daily quantities of substances discharged. Annex II may, however,

lay down for discharges of certain substances quantitative thresholds below which

the competent authority may apply a simplified monitoring procedure.

7. The sampling and flow measurement provided for in paragraph 5 shall

normally be effected at the points of application of the limit values provided for in

regulation 3(2). However, where necessary to ensure that the measurements comply

with the requirements of heading C of the Annexes, the competent authority may

allow the sampling and flow measurement to be effected at another point before that

at which the limit values apply, provided that

(a) all waters discharged from the plant that may have been polluted by the

substance in question are taken into account by those measurements;

(b) regular checks show that the measurements are fully representative of

the quantities discharged at the points of application of the limit values

or are always higher.

HEADING B

Quality objectives, dates set for compliance therewith and procedure for

monitoring compliance with them

1. Should the competent authority opt for the exception provided for in

regulatio n 7(3) of the Po llutio n Caused by Certain Dangerous S ubstances

Discharged into the Aquatic Environment Regulations, the emission standards which

it shall establish and apply, pursuant to regulation 6 of these regulations, shall be

fixed so that the appropriate quality objective or objectives from those fixed

pursuant to paragraphs 2 and 3 below is or are complied with in the area affected by

discharges of substances. The competent authority shall determine the area affected

in each case and shall select from the quality objectives fixed pursuant to paragraphs

2 and 3 below the objective or objectives that it deems appropriate having regard to

the intended use of the area affected, while taking account of the fact that the

purpose of this Directive is to eliminate all pollution.

2. With a view to eliminating pollution, as defined in the Pollution Caused by

C e r t a i n D a n g e r o u s S u b s t a n c e s D i s c h a rg e d i n t o t h e A q u a t i c E n v i r o n m e n t

Regulations, and pursuant to regulation 3 of those regulations, the quality objectives

and dates set for compliance therewith are set out under heading B in Annex II.

3. Unless otherwise specified under heading B in Annex II, all the

concentrations mentioned as quality objectives shall refer to the arithmetic mean of

the results obtained over a year.

4. Where more than one quality objective is applied to waters within one area,

the quality of the water shall be suffcient to comply with each of those objectives.

5. For each authorization granted pursuant to these regulations, the competent

authority shall specify the detailed rules, monitoring procedures and dates for

ensuring compliance with the quality objective or objectives concerned.

6. In accordance with regulation 7(3) of the Pollution Caused by Certain

Dangerous Substances Discharged into the Aquatic Environment Regulations, the

SUBSTANCES INTO THE AQUATIC ENVIRONMENT

competent authority shall, for each quality objective chosen and applied, report to

the Commission on

(a) the points of discharge and the means of dispersal;

(b) the area in which the quality objective is applied;

(c) the location of sampling points;

(d) the frequency of sampling;

(e) the methods of sampling and measurement;

(f)

the results obtained.

7. Samples shall be taken at a point sufliciently close to the discharge point to

be representative of the quality of the aquatic environment in the area affected by the

discharges, and the frequency of sampling shall be sufficient to show any changes in

the aquatic environment, having regard in particular to natural variations in

hydrological conditions.

HEADING C

Reference methods of measurement and limit of detection

1. The definitions given in the Methods of Measurement and Frequencies of

Sampling and Analysis of Surface Water Intended for the Abstraction of Drinking

Water Regulations shall apply in the context of these regulations.

2. The reference methods of measurement to be used for determining the

concentration of the substances in question and the limit of detection for the

environment concerned are set out under heading C in Annex II.

3. The limit of detection, the accuracy and the precision of the method are

specified for each substance under heading C in Annex II.

4. Effluent flow measurements shall be carried out to an accuracy of ± 20%.

ANNEX II

Amended by

L.N. 24 of 2011.

SPECIFIC PROVISIONS

1. Relating to carbon tetrachloride

2. Relating to DDT

3. Relating to pentachlorophenol

4. Relating to aldrin, dieldrin, endrin and isodrin

5. Relating to hexachlorobenzene

6. Relating to hexachlorobutadiene

7. Relating to chloroform

8. Relating to 1,2-dichloroethane (EDC)

9. Relating to trichloroethylene (TRI)

Relating to perchoroethylene (PER)

Relating to trichlorobenzene (TCB).

The numbering of the substances listed in this Annex corresponds to the list of 129

SUBSTANCES INTO THE AQUATIC ENVIRONMENT

substances contained in the communication from the Commission to the Council of

22 June 1982(1).

Should substances be included in future in this Annex which are not set out in the

abovementioned list, they shall be numbered in chronological order of inclusion

beginning with No. 130.

I. Specific provisions relating to carbon tetrachloride (No 13) 2

CAS No 56-23-5 3

Heading A(13): Limit values for emission standards

Limit values expressed as( 6 )

Type of industrial

Type of

To be

plant( 4 )( 5 )

average

complied

weight

concentration

value

with as from

1. Carbon tetrachlo-

Monthly a) process involving

1.1.2003

washing 40g CCI 4

ride production by

perchlorination

per tonne of total

production capacity

of CCI 4 and

perchlorethylene

1,5 mg/l

b) process not

involving washing

2,5g/tonne

1,5 mg/l

Daily

a) process involving

washing: 80g/tonne

3mg/l

b) process not

involving washing

5g/tonne

3mg/l

2. Production of

Monthly 10g CCI per tonne

1.1.2003

chloromethanes by

of total production

methane chlorination

capacity of

(including high-

chloromethanes

1,5mg/l

pressure electrolytic

chlorine generation) Daily

20 g/tonne

3 mg/l

and from methanol

3. Production of

Monthly -

-

-

chlorofluorocarbons 7 Daily

-

-

Heading B (13): Quality objectives - (Revoked by Legal Notice 24 of 2011)

Heading C (13): Reference method of measurement

1. The reference method of measurement to be used for determining the

presence of carbon tetrachloride in effluents and water is gas chromatography.

A sensitive detector shall be used when concentration levels are below 0,5 mg/l

and in this case the determination limit 9 is 0,1 ig/l. For concentration levels higher

than 0,5 mg/l a determination limit of 0,1 mg/l is acceptable.

2. The accuracy and precision of the method shall be ± 50 % at a concentration

which represents twice the value of the determination limit.

II. Specific provisions relating to DDT (No 46)( 10 )( 11 )

CAS No 50-29-312

SUBSTANCES INTO THE AQUATIC ENVIRONMENT

STANDSTILL: The concentration of DDT in the aquatic environment, sediments

and/or molluscs and/or shellfish and/or fish shall not increase significantly with

time.

Heading A (46): Limit values for emission standards 13 14

Type of industrial

Type of

Limit values expressed as

To be

plant( 15 )( 16 )

average

complied

g/tonne of

mg/l of water

value

with as from

substances

discharged

produced, handled

or used

Production of DDT

Monthly

0,7

1.1.2003

including formulation

Daily

1,3

1.1.2003

of DDT on the same

Monthly

0,2

1.1.2006

site

Daily

0,4

1.1.2006

Heading B (46): Quality objectives - (Revoked by Legal Notice 24 of 2011)

Heading C (46): Reference method of measurement

1. The reference method of measurement to be used for determining DDT in

effluents and the aquatic environment is gas chromatography with electron capture

detection after extraction by means of an appropriate solvent. The limit of

determination 17 for total DDT is approximately 4 µg/l for the aquatic environment

and 1 µg/l for effluents, depending on the number of extraneous substances present

in the sample.

2. The reference method to be used for determining DDT in sediments and

organisms is gas chromatography with electron capture detection after appropriate

preparation of samples. The limit of determination 18 is 1 µg/kg.

3. The accuracy and precision of the method shall be ± 50% at a concentration

which represents twice the value of the limit of determination. 19

III. Specific provisions relating to pentachlorophenol (No 102) 20 21

CAS No 87-86-5 22

STANDSTILL: The concentration of PCP in sediments and/or molluscs and/or

shellfish and/or fish shall not increase significantly with time.

Type of industrial

Type of

Limit values expressed as

To be

plant( 23 )( 24 )

average

g/tonne production/ mg/l of water complied

value

discharged with as from

utilization capacity

Production of sodium Monthly

1.1.2003

pentachlorophenate

by hydrolysis of

Daily

1.1.2003

hexachlorobenzene

Heading B (102): Quality objectives - (Revoked by Legal Notice 24 of 2011)

Heading C (102): Reference method of measurement

The reference method of measurement to be used for determining

pentachlorophenol in effluents and the aquatic environment is high-pressure liquid

chromatography or gas chromatography with electron-capture detection after

extraction by means of an appropriate solvent. The limit of determination 25 is 2 µg/l

for effluents and 0,1 µg/l for the aquatic environment.

2. The reference method to be used for determining pentachlorophenol in

SUBSTANCES INTO THE AQUATIC ENVIRONMENT

s e d i m e n t s a n d o rg a n i s m s i s h i g h - p r e s s u r e l i q u i d c h r o m a t o g r a p h y o r g a s

chromatography with electroncapture detection after appropriate preparation of

samples. The limit of determination 26 is 1 µg/kg.

3. The accuracy and precision of the method shall be ± 50% at a concentration

which represents twice the value of the limit of determination. 27

IV. Specific prodivions relating to

aldrin (No 1) 28

CAS-No 309-00-2

dieldrin (No 71) 29

CAS No 60-57-1

endrin (No 77) 30

CAS-No 72-20-8

isodrin (No 130)

CAS-No 465-73-6

Heading A (1, 71, 77, 130): Limit values for emission standards 32

Type of industrial

Type of

Limit values expressed as

To be

plant( 33 )

average weight discharged 34 concentration complied

value

in effluent with as from

µg/l of water

Production of aldrin Monthly 3 g per tonne of

1.1.2003

or dieldrin or endrin

total production

including formulation

capacity (g/tonne)

10 35

of these substances on Daily

15 g per tonne of

1.1.2003

the same site

total production

capacity (g/tonne) 36

Heading B (1, 71, 77, 130): Quality objectives -

(Revoked by Legal Notice 24 of 2011)

Heading C (1, 71, 77, 130): Reference method of measrurement

1. The reference method of measurement to be used for determining aldrin,

dieldrin, endrin and/or isodrin in effluents and the aquatic environment is gas

chromatography with electron-capture detection after extraction by means of an

appropriate solvent. The limit of determination 37 for each substance is 2,5 ng/l for

the aquatic environment and 400 ng/l for effluents, depending on the number of

parasite substances present in the sample.

2. The reference method to be used for determining aldrin, dieldrin and/or

endrin and/or isodrin in sediments and organisms is gas chromatography with

electron-capture detection after appropriate preparation of samples. The limit of

determination is 1 µg/kg dry weight for each separate substance.

3. The accuracy and precision of the method shall be ± 50% at a concentration

which represents twice the value of the limit of determination.

V. Specific provisions relating to hexachlorobenzene (HCB) (No 83)

CAS-118-74-1

Heading A (83): Limit values for emission standards

Standstill: There shall be no significant direct or indirect increase over time in

pollution arising from discharges of HCB and affecting concentrations in sediments

SUBSTANCES INTO THE AQUATIC ENVIRONMENT

or molluscs or shellfish or fish.

Type of industrial

Type of

Limit values expressed as

To be

plant 38 39 40

average

complied

weight

concentration

value

with as from

1. HCB production

Monthly 10 g HCB/tonne of 1mg/l of HCB 1.1.2003

and processing

HCB production

capacity

Daily

20 g HCB/tonne of 2mg/l of HCB 1.1.2003

HCB production

capacity

2. Production of

Monthly 1,5 g HCB/tonne of

1,5mg/l of 1.1.2003

perchloro ethylene

PER + CCI 4 total

HCB

(PER) and carbon

production capacity

tetrachloride (CCI 4 )

Daily

3 g HCB/tonne of

3mg/l of HCB 1.1.2003

by perchlorination

PER + CCI 4 total

production capacity

Production of

Monthly -

-

-

trichloroethylene or

perchloroethylene by

Daily

-

-

-

any other process 41

Heading B (83): Quality objectives - (Revoked by Legal Notice 24 of 2011)

Heading C (83): Refererrce method of measurement

1. The reference method of measurement to be used for determining the

presence of HCB in effluents and waters shall be gas chromatography with electron-

capture detection after extraction by means of an appropriate solvent.

The limit of determination 43 for HCB shall be within the range 1 to 10 ng/l for

waters and 0,5 to 1 µg/l for effluents depending on the number of extraneous

substances present in the sample.

2. The reference method to be used for determining HCB in sediments and

organisms is gas chromatography with electron-capture detection after appropriate

preparation of the sample. The limit of determination 44 shall be within the range 1 to

10 µg/kg of dry matter.

3. The accuracy and precision of the method shall be ± 50% at a concentration

which represents twice the value of the limit of determination. 45

VI. Specific provisions relating to hexachlorobutadiene (HCBD) (No 84)

CAS-87-68-3

Heading A (84): Limit values for emission standards

Standstill: There shall be no significant direct or indirect increase over time in

pollution arising from discharges of HCB and affecting concentrations in sediments

or molluscs or shellfish or fish.

Type of industrial

Type of

Limit values expressed as

To be

plant 46 47 48

average

complied

weight

concentration

value

with as from

SUBSTANCES INTO THE AQUATIC ENVIRONMENT

1. Production of

Monthly

1,5 g HCBD/tonne

1,5mg/l of

1.1.2003

perchloroethylene

of HCB production

HCBD

(PER) and carbon

capacity of PER +

tetrachloride (CCI 4 )

CCI 4

by perchlorination

Daily

3 g HCBD/tonne of

32mg/l of

1.1.2003

HCB production

HCBD

capacity of PER +

CCI 4

2. Production of tri-

Monthly

-

-

-

chloroethylene or

perchloroethylene by

Daily

-

-

-

an other process 49

Heading B (84): Quality objectives - (Revoked by Legal Notice 24 of 2011)

Heading C (84): Reference method of measurement

1. The reference method of measurement to be used for determining HCBD in

effluents and waters shall be gas chromatography with electron-capture detection

after extraction by means of an appropriate solvent.

The limit of determination 51 for HCBD shall be within the range 1 to 10 ng/l for

waters and 0,5 to 1 µg/l for effluents, depending on the number of extraneous

substances present in the sample.

2. The reference method to be used for determining HCBD in sediments and

organisms is gas chromatography with electron-capture detection after appropriate

preparation of the sample. The limit of determination 52 shall be within the range 1 to

10 µg/kg of dry matter.

3. The accuracy and precision of the method shall be ± 50% at a concentration

which represents twice the value of the limit of determination. 53

VII. Specific provisions relating to chloroform (CHCl 3 ) (No 23) 54

CAS-67-66-3

Heading A (23): Limit values, for emission standards

Type of industrial

Limit value (monthly averages)

To be

plant 55 56

expressed as 57 58

complied

with as from

weight

concentration

1. Production of

10g CHCl 3 /tonne of

1 mgl

1.1.2003

chloromethanes from

total production

methanol or from a

capacity of chloro-

combination of methanol

methanes

and methane 59

2. Production of

7,5g CHCl 3 /tonne of

1 mgl

1.1.2003

chloromethanes by

total production

chlorination of methane

capacity of chloro-

methanes

3. Production of

-

-

-

chlorofluorocarbon

(CFC) 60

Heading B: Quality objectives - (Revoked by Legal Notice 24 of 2011)

SUBSTANCES INTO THE AQUATIC ENVIRONMENT

Heading C (23): Reference method of measurement

1. The reference method of measurement to be used for determining the

presence of chloroform in effluents and the aquatic environment shall be gas

chromatography.

A sensitive detector shall be used when concentration levels are below 0,5 mg/l

and in this case the determination limit 62 is 0,1 µg/l. For concentration levels higher

than 0,5 mg/l a determination limit of 0,1 mg/l is acceptable.

2. The accuracy and precision of the method shall be ± 50% at a concentration

which represents twice the value of the determination limit.

VIII: Specific provisions relating to 1,2 dichloroethane (EDC) (No 59) 63

CAS - No 107-06-2

Heading A: Limit values for emission standards 64

Type of industrial

Type of

Limit values expressed as

To be

plant 65 66

average

concentration complied

weight

value

(mg/litre) 68 with as from

(g/tonne) 67

(a) Production only of Monthly

1.1.2003

1,2 dichloroethane

2,5

1,25

1.1.2005

(without processing or Daily

1.1.2003

use on the same site)

2,5

1.1.2005

(b) Production of 1,2 Monthly

1.1.2003

dichloroethane and

2,5

1.1.2005

processing or use at

Daily

1.1.2003

the same site, except

1.1.2005

for the use defined in

(e) below 69 70

(c) Processing of 1,2- Monthly

2,5

1.1.2003

dichloroethane into

substances other than Daily

1.1.2003

vinyl chloride 71

(d) Use of EDC for

Monthly

-

0,1

1.1.2003

degreasing metals

(away from an

Daily

-

0,2

1.1.2003

industrial site covered

by (b) 72

(e) Use of EDC in the Monthly

-

-

-

production of ion

exchangers 73

Daily

-

-

-

Heading B (59): Quality Objectives - (Revoked by Legal Notice 24 of 2011)

Heading C (59): reference method of measurement

1. The reference method of measurement to be used for determining the

presence of 1,2-dichloroethane in effluents and the water environment is gas

chromatography with electron capture detection after extraction by means of an

appropriate solvent or gas chromatography following isolation by means of the

"purge and trap" process and trapping by using a cryogenically cooled capillary trap.

The limit of determination is 10 µg/litre for effluents and 1 µg/litre for the water

environment.

SUBSTANCES INTO THE AQUATIC ENVIRONMENT

2. The accuracy and precision of the method shall be plus or minus 50% at a

concentration which represents twice the value of the limit of determination.

3. Member States may determine concentrations of EDC by reference to the

quantity of AOX, EOX or VOX, provided that the Commission is first satisfied that

these methods give equivalent results and until the general solvent Directive is

adopted.

The Member States concerned shall establish regularly the relationship in

concentration between EDC and the parameter used.

IX. Specific provisions relating to trichloroethylene (TRI) (No 121) 74

CAS 79.01.6

Heading A (121): limit values for emission standards 75

Type of industrial

Type of

Limit values expressed as

To be

plants 76

average

concentration complied

weight

value

(mg/litre) 78 with as from

(g/tonne) 77

1. Trichloroethylene

Monthly

1.1.2003

(TRI) and

2,5

0,5

1.1.2005

perchloroethylene

Daily

1.1.2003

(PER) production

1.1.2005

2. Use of TRI for

Monthly

0,1

1.1.2003

degreasing metals 79

Daily

0,2

1.1.2003

Heading B (121): Quality Objectives - (Revoked by Legal Notice 24 of 2011)

Heading C (121): reference method of measurement

1. The reference method of measurement to be used for determining the

presence of trichloroethylene (TRI) in effluents and the water environment shall be

gas chromatography with electron capture detection after extraction by means of an

appropriate solvent.

The limit of determination for TRI is 10 µg/litre for effluents and 0,1 µg/litre for

the water environment.

2. The accuracy and precision of the method shall be plus or minus 50% at a

concentration which represents twice the value of the limit of determination.

3. The competent authority may determine concentrations of TRI by reference

to the quantity of AOX, EOX or VOX provided that the Commission is first satisfied

that these methods give equivalent results and until the general solvent Directive is

adopted. The competent authority shall establish regularly the relationship in

concentration between TRI and the parameter used.

X. Specific provisions relating to perchloroethylene (PER) (No 111) 80

CAS-127-18-4

Heading A (III): limit values for emission standards 81

Type of industrial

Type of

Limit values expressed as

To be

plant 82

average

concentration complied

weight

value

(mg/litre) 84 with as from

(g/tonne) 83

SUBSTANCES INTO THE AQUATIC ENVIRONMENT

(a) Trichloroethylene

Monthly

1.1.2003

(TRI) and

2,5

0,5

1.1.2005

perchloroethylene

Daily

1.1.2003

(PER) production

1.1.2005

(TRE-PER processes)

(b) Carbon

Monthly

1.1.2003

tetrachloride and

2,5

1,25

1.1.2005

perchloroethylene

Daily

1.1.2003

production (TETRA-

2,5

1.1.2005

PER processes

(c) Use of PER for

Monthly

-

0,1

1.1.2003

degreasing metals 85

Daily

-

0,2

1.1.2003

(d)

Chlorofluorocarbon

Monthly

-

-

-

production 86

Daily

-

-

-

Heading B (III): Quality Objectives - (Revoked by Legal Notice 24 of 2011)

Heading C (III): reference method of measurement

1. The reference method of measurement to be used for determining the

presence of perchloroethylene (PER) in effluents and the water environment shall be

gas chromatography with electron capture detection after extraction by means of an

appropriate solvent.

The limit of determination for PER is 10 µg/litre for effluents and 0,1 µg/litre for

the water environment.

2. The accuracy and precision of the method shall be plus or minus 50% at a

concentration which represents twice the value of the limit of determination.

3. The competent authority may determine concentrations of PER by reference

to the quantity of AOX, EOX or VOX, provided that the Commission is first

satisfied that these methods give equivalent results and until the general solvent

Directive is adopted.

The competent authority shall establish regularly the relationship in concentration

between PER and the parameter used.

XI. Specific provisions relating to trichlorobenzene 87 (TCB) (117, 118) 88

Heading A (117, 118): limit values for emission standards

Standstill: There shall be no significant direct or indirect increase over time in

pollution arising from discharges of TCB and affecting concentrations in sediments

or molluscs or shellfish or fish.

Type of industrial

Type of

Limit values expressed as

To be

plant 82

average

concentration complied

weight

value

(mg/litre) 90 with as from

(g/tonne) 89

(a) Production of TCB Monthly

2,5

1.1.2003

via

1.1.2005

dehydrochlorination Daily

1.1.2003

of HCH and/or

1.1.2005

processing TCB

SUBSTANCES INTO THE AQUATIC ENVIRONMENT

b) Production and/or

Monthly

0,5

1.1.2003

processing of

0,5

0,05

1.1.2005

chlorobenzenes via

Daily

1.1.2003

chlorination of

0,1

1.1.2005

benzene 91

Heading B (117, 118): Quality Objectives - (Revoked by Legal Notice 24 of 2011)

Heading C (117, 118): reference method of measurement

1. The reference method of measurement to be used for determining the

presence of trichlorobenzene (TCB) in effluents and the water environment shall be

gas chromatography with electron capture detection after extraction by means of an

appropriate solvent. The limit of determination for each isomer separately is 1 µg/

litre for effluents and 10 ng/litre for the water environment.

2. The reference method to be used for determining TCB in sediments and

organisms is gas chromatography with electron capture detection after appropriate

preparation of the sample. The limit of determination for each isomer separately is 1

µg/kg of dry matter.

3. The competent authority may determine concentrations of TCB by reference

to the quantity of AOX or EOX, provided that the Commission is first satisfied that

these methods give equivalent results and until the general solvent Directive is

adopted.

The competent authority shall establish regularly the relationship in concentration

between TCB and the parameter used.

4. The accuracy and precision of the method shall be plus or minus 50% at a

concentration which represents twice the value of the limit of determination.

Regulation applies in particular to use of carbon tetrachloride in industrial laundries.

CAS (Chemical Abstract Service) number.

Among the industrial establishments referred to under heading A, point 3, of Annex I, reference is

made in particular to plants using carbon tetrachloride as a solvent.

A simplified monitoring procedure may be introduced if annual discharges do not exceed 30kg a

year.

In view of the volatiliy of carbon tetrachloride and in order to ensure compliance with regulation

3(6), where a process involving agitation in the open air of effluent carbon tetrachloride is used, the

competent authoriy shall require compliance with the limit values upstream of the plant concerned: it shall

ensure that all water likely to be polluted shall be taken fully into account.

It is not possible at present to adopt limit values for this sector.

The "determination limit," xg of a given substance is the smallest quantity, quantitatively

determinable in a sample on the basis of a given working method, which can still be distinguished

10 The sum of the isomers 1.1.1-trichloro-2,2 bis (p-chloroplienyl) ethane; 1,1,1-trichloro-2 (o-

chlorophenyl)-2-(p-chlorophenyl) ethane; 1,1.1-dichloro-2.2 bis (p-chlorophenyl) ethylene; and 1,1,1-

dichloro-2,2 bis (p-chlorophenyl) ethane.

Regulation 5 applies to DDT if sources other than those mentioned in this Annex are identified.

CAS (Chemical Abstract Service) number.

13 With regard to new plants, the best teclinical means available shall already make it possible to lay

down, for DDT, emission standards lower than lg/tonne substances produced.

14 On the basis of experience gained in implementing these regulations, the Competent Authority in

good time, proposals aimed at fixing more stringent limit values.

15 Among the industrial plants referred to under heading A, point 3 of Annex I, reference is made in

particular to plants formulating DDT away from the production site and to the dicofol production industry.

SUBSTANCES INTO THE AQUATIC ENVIRONMENT

A simplified monitoring procedure may be introduced if annual discharges do not exceed 1kg a

year.

17 The "limit of determination" xg of a given substance is the smallest quantity, quantitatively

determinable in a sample on the basis of a given working method, which can still be distinguished from

zero.

Ibid.

Ibid.

The chemical compound 2,3,4,5,6-Pentachloro-1-hydroaybenzene and its salts.

Regulation 5 applies to pentachlorophenol, and particularly to its use for treating wood.

CAS (Chemical Abstract Service) number.

23 Among the industrial plants referred to under heading A, point 3, of Annex I, reference is made in

particular to plants producing sodium pentachlorophenate by saponification and to those producing

pentachlorophenol by chlorination.

A simplified monitoring procedure may be introduced if annual discharges do not exceed 3kg a

year.

25 The "limit of determination" xg of a given substance is the smallest quantity, quantitatively

determinable in a sample on the basis of a given working method, which can still be distinguished from

zero.

Ibid.

Ibid.

Aldrin is the chemical compound C 12 H 8 Cl 6

1,2,3,4,10, 10-hexachloro-1,4,4a,8,8a-hexaHYDRO-1,4-endo-5, 8-Exo-dimethanonaphtalene.

Dieldrin is the chemical compound C 12 H 8 Cl 6 O

1,2,3,4,10,10-hexachloro-6, 7-epoxy-1,4,4a,5,6,7,8, 8a-octahydro-1, 4-endo-5, 8-exo-

dimethanonaphtalene.

Endrin is the chemical compound C 12 H 8 Cl 6 O

1 ,2 ,3 , 4 , 1 0 , 1 0 -h e x a c h l o r o - 6 , 7 - e p o x y - 1 , 4 , 4 a ,5 ,6 , 7 , 8 , 8 a - o c t a h yd r o - 1 , 4 - e n d o - 5 , 8 - e n d o -

dimethanonaphtalene.

Isodrin is the chemical compound C 12 H 8 Cl 6

1,2,3,4,10, 10-hexachloro-1, 4,4a,5,8, 8a-hexahydro-1, 4-endo-5, 8-endo-dimethanonaplaalene.

32 The limit values indicated in this heading shall apply to the total discharge of aldrin, dieldrin and

endrin.

33 Among the industrial plants referred to under heading A, point 3, of Annex I, reference is made in

particular to plants formulating aldrin or dieldrin or endrin away from the production site.

These figures take into account the total amount of water passing through the plant.

If possible, daily values should not exceed twice the monthly value.

If possible, daily values should not exceed twice the monthly value.

37 The "limit of determination" xg of a given substance is the smallest quantity, quantitatively

determinable in a sample on the basis of a given working method, which can still be distinguished from

zero.

A simplified monitoring procedure may be introduced if annual discharges do not exceed 1 kg a

year.

39 Among the industrial plants referred to under Annex I, heading A, point 3, reference is made in

particular to industrial plants producing quintozene and tecnazene, industrial plants producing chlorine by

chlor-alkali electrolysis with graphite electrodes, industrial rubber processing plants, plants

manufacturing pyrotechnic products and plants producing vinylchloride.

40 On the basis of experience gained in implementing these regulations, and taking into account the

fact that the use of best technical means already makes it possible to apply in some cases much more

stringent values than those indicated above, the Council shall decide, on the basis of proposals from the

Commission, upon more stringent limit values.

41 It is not possible at present to adopt limit values for this sector. The competent authority shall

adopt such limit values at a later stage. In the meantime, the competent authoriy shall apply national

emission standards in accordance with Annex I, heading A, point 3.

43 The "limit of determination" x g of a given substance is the smallest quantity, quantitatively

determinable in a sample on the basis of a given working method, which can still be distinguished from

zero.

Ibid.

SUBSTANCES INTO THE AQUATIC ENVIRONMENT

Ibid.

A simplified monitoring procedure may be introduced if annual discharges do not exceed 1 kg a

year.

47 Among the industrial plants referred to under Annex I. heading A, point 3, reference is made in

particular to industrial plants using HCBD for technical purposes.

48 On the basis of experience gained in implementing these regulations, and taking into account the

fact that the use of best technical means already makes it possible to apply in some cases much more

stringent values than those indicated above, the competent authority shall decide upon more stringent

limit values.

49 It is not possible at present to adopt limit values for this sector. The competent authoriy shall

adopt such limit values at a later stage. In the meantime, the competent authoriy shall apply national

emission standards in accordance with Annex I, heading A, point 3.

51 The "limit of determination" x g of a given substance is the smallest quantity, quantitatively

determinable in a sample on the basis of a given working method, which can still be distinguished from

zero.

Ibid.

Ibid.

54 In the case of chloroform, the Pollution Caused by Certain Dangerous Substances Discharged into

the Aquatic Emuronment Regulations shall apply to discharges from industrial processes which may in

themselves contribute significantly to the level of chloroform in the aqueous efiluent; in particular it shall

apply to those mentioned under Heading A of this Annex. Regulation 5 of these regulations applies if

sources other than those listed in this Annex are identified.

55 Among the industrial plants referred to under Heading A, point 3 of Annex 1, special reference is

made, in the case of chloroform, to plants manufacturing monomer vinyl chloride using dichlorethane

pyrolysis, those producing bleached pulp and other plants using CHCl 3 as a solvent and plants in which

cooling waters or other effluents are chlorinated. The Council shall adopt limit values for these sectors at

a later stage acting on proposals from the Commission.

A simplified monitoring procedure may be introduced if annual discharges do not exceed 30 kg a

year.

Daily average limit values are equal to twice the monthly average values.

58 In view of the volatility of chloroform and in order to ensure compliance with regulation 3(6),

where a process involving agitation in the open air of effluent containing chloroform is used, the

competent authority shall require compliance with the limit values upstream of the plant concerned; it

shall ensure that all water likely to be polluted is taken fully into account.

I.e. by hydrochlorination of methanol, chlorination of methyl chloride.

60 It is not possible at present to adopt limit values for this sector. The competent authoriy shall

adopt such limit values at a later date. In the meantime, the competent authority shall apply national

emission standards in accordance with Annex I, heading A, point 3.

62 The "determination limit" x g of a given substance is the smallest quantity, quantitatively

determinable in a sample on the basis of a given working method, which can still be distinguished from

zero.

63 Regulation 5 applies in particular to EDC used as a solvent away from a production or processing

site if annual discharges amount to less than 30kg/year. Such small discharges may be exempted from the

requirements of the Pollution Caused by Certain Dangerous Substances Discharged into the Aquatic

Environment Regulations. Notwithstanding regulation 5(3), the competent authority shall implement its

specific programmes not later 1 January 2003.

64 In view of the volatility of EDC and in order to ensure compliance with regulation 3(6), where the

process used involves open-air agitation of the effluents containing EDC, the competent authority shall

require compliance with the limit values upstream of the plants concerned; they shall ensure that all

waters likey to be polluted are properly taken into account.

65 The purified EDC production capacity includes that fraction of the EDC which is not cracked in

the vinyl chloride (VC) production unit associated with the EDC production unit and which is recycled to

the EDC purification section of the plant. Production or processing capacity is the capacity authorized by

the administration or, failing that, the highest annual quantity produced or processed over the four years

prior to the granting or review of the authorization. The capacity authorized by the administration should

not differ greatly from actual production

66 A simplified monitoring procedure may be introduced where annual discharges do not exceed 30

kg/year.

These limit values relate

-

for sectors (a) and (b), to purified EDC production capacity espressed in tonnes.

-

for sector (c), to EDC processing capacity evpressed in tonnes.

SUBSTANCES INTO THE AQUATIC ENVIRONMENT

However, in the case of sector (b), if the processing and utilization capacity is greater than the

production capacity, the limit values shall be applied in relation to the global processing and utilization

capacity. If there are several plants on the same site, the limit values shall apply to the plants taken

together.

68 Without prejudice to the provisions of heading A (4) in Annex I, these concentration limits relate

to the following reference volumes

(a) 2 m 3 /tonne of purified EDC production capacity;

(b) 2,5 m 3 /tonne of purified EDC production capacity;

(c) 2,5 m 3 /tonne of EDC processing capacity;

(d) 2,5 m 3 /tonne of EDC processing capacity.

69 The limit values take account of all diffuse internal sources or of EDC used as a solvent within

the industrial production site; this shall ensure a reduction in EDC discharges of more than 99%.

Nevertheless, the combination of the best available technology and the absence of any diffuse internal

source enables reduction amounts greater than 99.9% to be achieved.

70 The follouing limit value shall be complied with as: 40 g EDC/tonne of purified EDC production

capacity (monthly and daily averages). The limit value expressed as concentration is deduced on the basis

of the volume of water discharged by the plant(s) concerned.

71 The production of the following substances specifically is involved here: ethylene diamine,

ethylene polyamine, 1,1,1-trichloroethane, trichloroetlnylene and perchloroethylene.

These limit values apply only to plants the annual discharges from which exceed 30 kg/year.

73 It is not possible at present to adopt limit values for this sector. In the meantime, the competent

authoriy shall apply national limit values in accordance with Annex I, heading A, point 3.

74 Regulation 5 applies in particular to TRI used as a solvent for dry-cleaning, for the extraction of

grease or odours and for degreasing metals where annual discharges amount to less than 30 kg/year. Such

small discharges may be exempted from the requirements of the Pollution Caused by Certain Dangerous

Substances Discharged into the Aquatic Environment Regulations.

75 In view of the volatility of trichloroethylene and in order to ensure compliance with regulation

3(6), where the process used involves open-air agitation of the effluents containing tricholoroethylene, the

competent authority shall require compliance with the limit values upstream of the plants concerned; it

shall ensure that all waters likely to be polluted are properly taken into account.

76 A simplified monitoring procedure may be introduced where annual discharges do not exceed 30

kg/year.

77 For sector (a), limit values for TRI discharges relate to overall TRI + PER production capacity.

For existing plant using dehydrochlorination of tetrachloroethane, the capaciy of production is equivalent

to the capaciy of TRI-PER production, the ratio of TRI-PER production taken at one third. Production or

processing capacity is the capaciy authorized by the administration or, failing that, the highest annual

quantity produced or processed over the four years prior to the granting or review of the authorization.

The capacity authorized by the administration should not differ greatly from actual production.

78 Without prejudice to the provisions of heading A (4) in Annex I, TRI limit concentrations relate

to the following reference values: - sector (a), 5m 3 /tonne of TRI + PER production.

These limit values apply only to industrial plants the annual discharges from which exceed 30 kg/

year.

80 Regulation 5 applies in particular to PER used as a solvent for dry-cleaning, for the extraction of

grease or odours and for degreasing metals where annual discharges amount to less than 30 kg/year.

81 In view of the volatility of perchloroethylene and in order to ensure compliance with regulation

3(6), where the process used involves open-air agitation of the effluents containing perchloroethylene, the

competent authority shall require compliance with the limit values upstream of the plants concerned; it

shall ensure that all waters likely to be polluted are properly taken into account.

82 A simplified monitoring procedure may be introduced where annual discharges do not exceed 30

kg/year.

83 For sectors (a) and (b) the limit values for PER discharges relate either to overall TRI + PER

production capacity or to overall TETRA + PER production capacity.

Production or processing capacity is the capacity authorized by the administration or, failing that, the

highest annual quantity produced or processed over the four years prior to the granting or review of the

authorization. The capacity authorized by the administration should not differ greatly from actual

production.

Without prejudice to the provsions of heading A (4) in Annex 1, PER limit concentrations relate

to the following reference volumes: - (a), 5 m 3 /tonne of TRI + PER production. - (b), 2 m 3 /tonne of

TETRA + PER production.

These limit values apply only to industrial plants the annual discharges from which exceed 30

kg/year.

SUBSTANCES INTO THE AQUATIC ENVIRONMENT

It is not possible at present to adopt limit values for this sector. In the meantime, the competent

authority shall apply national emission standards in accordance with Annex I, heading A, point 3.

Regulation 5 applies in particular to TCB used as a solvent or colouring support in the textile

industry, or as a component of the oils used in transformers until such time as there is specific legislation

on this subject.

TCB may occur as one of the following three isomers

- 1, 2, 3-TCB - CAS 87/61-6;

- 1, 2, 4-TCB - CAS 120-82-1 (No 118 of the EEC list);

- 1, 3 5-TCB - CAS 180-70-3.

Technical TCB (No 117 of the EEC list) is a mixture of these three isomers, with a preponderance of

1,2,4-TCB, and may also contain small quantities of di- and tetrachlorobenzene. In any case, these

provisions apply to the total TCB (the sum of the three isomers).

The limit values for discharges of TCB (sum of the three isomers) are given

- for sector (a): in relation to the total TCB production capacity;

- for sector (b): in relation to the total production or processing capacity for mono- and

dichlorobenzenes.

Production or processing capacity is the capacity authorized by the administration or, failing that, the

highest annual quantity produced or processed over the four years prior to the granting or review of the

authorization. The capacity authorized by the administration should not differ greatly from actual

production.

Without prejudice to the provisions of heading A (4) in Annex I, limit concentrations relate to

the followang reference volumes: - sector (a): 10 m 3 /tonne of TCB produced or processed. - sector (b): 10

m 3 /tonne of mono- and dichlorobenzene produced or processed.

For the existing plants discharging less than 50 kg/year by 1 January 2003, the limit values

which are to be complied with at this date are equal to half of the limit values which are to be complied

with as from 1 January 2001.