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GENERAL DIRECTORATE OF ADMINISTRATIVE AND LEGAL AFFAIRS

Ministry of Infrastructure and the Environment

1. ------IND- 2012 0330 NL- EN- ------ 20120622 --- --- PROJETRegulation of the State Secretary for Infrastructure and the Environment, of......., No IENM/BSK-, amending the Environmental Management (Activities) Regulation [Activiteitenregeling milieubeheer] (novel activities, integration of Environmental Management (Combustion Plants Emission Requirements) Decree [Besluit emissie-eisen stookinstallaties milieubeheer], simplifications and corrections)

the State Secretary for Infrastructure and the Environment,

Having regard to Articles 1.7, 1.11(10), 2.10, 2.12(4), 3.10j, 3.10k, 3.10o, 3.10p, 3.16d, 3.16f, 3.18(2), 3.19, 3.24, 3.26a, 3.26b(2), 3.26th, 3.26j, 3.30, 3.34(10), 3.54b, 3.54d, 3.132, 3.135, 3.136, 3.141, 3.143, 3.144, 3.146, 3.154, 4.1, 4.6, 4.9, 4.27a, 4.27b, 4.31, 4.31b, 4.31c, 4.31d, 4.40, 4.74d, 4.74g, 4.74j, 4.74o, 4.74p, 4.74s, 4.81, 4.83, 4.84, 4.94de and 4.94di of the Environmental Management Activities Decree [Activiteitenbesluit milieubeheer];

HEREBY DECREES AS FOLLOWS:

ARTICLE I

A

In Article 1.1, the following concepts and associated definitions shall be inserted at their appropriate place in the alphabetical listing:

range floor: the soil or floor between the shooters' location(s) and the stop butt;

bore: inner diameter of the barrel of a firearm;

stop butt: capture device for projectiles, placed behind the target of the shooting;

shoulder gun: a firearm in form of a carbine or rifle; handgun: a firearm in form of a pistol or revolver;.

B

Article 1.2 shall be amended as follows:

1. The following concepts and associated definitions shall be deleted:a. NEN 2819;b. NEN-EN-ISO 9377-4; c. NEN-EN-ISO 10304-2, andd. BRL K903.

2. The following concepts and associated definitions shall be inserted at their appropriate place in the alphabetical listing:

a. ISO 15713: ISO 15713:2006 Stationary source emissions - Sampling and determination of gaseous fluoride content;

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b. PGS 8: Guideline PGS 8, entitled 'Organic peroxides: storage', as published on www.publicatiereeksgevaarlijkestoffen.nl, PGS 8:2011.

3. The definition of NEN-EN 13725 shall read as follows: NEN-EN 13725:2003/C1:2006: Determination of odour concentration by dynamic olfactometry, September 2003, with erratum sheet of October 2006;.

C

In Article 2.1(5(a), the phrase 'Part A4 of the NRB' shall be replaced with: Section 3.3 of Part 3 of the NRB.

D


1. In Article 2.2, (1) and (2), each occurrence of the phrase 'Section 1.2 of Part B1 of the NRB' shall be replaced with: Section 1.3 of Annex 3 to Part 3 of the NRB.

2. In the second paragraph, the phrase 'liquid fuel, used oil or brine' shall be replaced with: substances as referred to in Article 3.29 of the Decree.

E

In Article 2.2(3) and (7), 3.10(2), 3.35(1), (2) and (10), 4.9a(1), 4.18(2), and 4.18a(2), the phrase 'pursuant to BRL K903' shall be replaced with: pursuant to the designated norm document designated to that end under the Soil Quality Decree [Besluit bodemkwaliteit], by a person or agency appropriately accredited pursuant to such Decree.

F


1. The reference '1.' shall be placed in front of the text.

2. A paragraph shall be added with the following text:2. In addition to the first paragraph, the categories of roofing waste materials produced in works carried out outside the facility by the operator of the facility shall include the following:a. tar-containing roofing waste;b. bituminous roofing waste; c. composite roofing waste, or d. roof gravel adhered to tar or bitumen.

3. In the first paragraph (new), parts h to j shall be deleted, and parts k to y shall be renumbered as h to v.

4. In the first paragraph (new), in part s (new) the phrase 'tar-containing or bituminous roofing waste, composites of tar-containing or bituminous roofing waste, roof gravel adhered to tar or bitumen and asphalt' shall be replaced with: roofing waste and asphalt.

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G

Section 3.2.1. shall read as follows:

Section 3.2.1. Operating a combustion plant other than a large combustion plant.

Article 3.5

1. The requirements of Articles 3.10 and 3.10a of the Decree with respect to the overall dust emissions from the combustion of liquid fuel shall in any case be deemed as fulfilled if the ash content (in mass percent) of the fuel is less than the applicable emission requirement divided by 800, and it can be demonstrated by means of an inspection as referred to in Article 3.7m that the carbon monoxide (CO) content of the exhaust gas is less than 100 mg/Nm 3.2. Articles 3.10a and 3.10b of the Decree, with respect to the overall dust emissions from the combustion of wood, shall be considered fulfilled in any case if: a. the released and suctioned-off substance emissions are passed through an electrostatic E-filter for which it can be demonstrated through a report from the supplier that the emission requirements of Article 3.10a or 3.10b of the Decree can be fulfilled; and b. the electrostatic E-filter is in a good state of repair, is periodically inspected and is cleaned and replaced as frequently as necessary for effective operation.3. Articles 3.10a and 3.10b of the Decree, with respect to the emissions of nitrogen oxides (NOx) from the combustion of wood, shall be considered fulfilled in any case if:a. the facility operator is able to produce a measurement report from the supplier indicating that the emission limits of the Decree as defined in Article 3.10a or 3.10b can be met; and b. the boiler system is fired by the wood type described in the report as referred to sub a.

Article 3.6

1. Measurements as referred to in Article 3.10j of the Decree shall meet the requirements of Articles 3.7to 3.7j and Articles 3.7o and 3.7p of the present regulation. 2. For an effective management of wastewater, as referred to in Article 3.10k of the Decree, the drainage of a steam boiler shall comply with Article 3.7k of the present regulation. 3. In order to achieve a negligible soil risk as referred to in Article 3.10o of the Decree, combustion plants shall comply with Article 3.7l of the present regulation. 4. For purposes of inspection and maintenance for safe operation, optimum combustion and energy efficiency of combustion plants as referred to in Article 3.10p of the Decree, combustion plants shall comply with Articles 3.7m to 3.7p of the present regulation.5. The first paragraph shall not apply to overall dust emissions, nitrogen oxides (NOx) or carbon monoxide (CO), provided that the provisions of Article 3.5 are complied with.

Article 3.7

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1. The concentration of nitrogen oxides (NOx), sulphur dioxide (SO2), total dust and unburned hydrocarbons (CxHy, expressed in terms of C) in the exhaust gas shall be determined through continuous or individual measurements.2. Notwithstanding the first paragraph, the proportion of nitrogen oxides (NOx) in the exhaust gas shall be determined through continuous measurements if exhaust gas is injected into water or steam using an inert material, ammonia or urea to control the emission of nitrogen oxides (NOx).3. Contrary to the second paragraph, separate measurements shall be acceptable if a log is kept to record the quantity of injected steam or water, the quantity of inert material used, or the quantity of added ammonia or urea during a calendar year and the applicable emission limits are not exceeded.4. For replacement combustion plants as referred to in Article 3.10h of the Decree, the concentrations of substances that are subject to emission limits shall be determined through individual measurements within four weeks from commissioning of such replacement plant.

Article 3.7a

1. Without prejudice to Article 3.7, the determination of the concentrations of substances in the exhaust gas shall proceed through representative measurements.2. The sampling, analyses, and measuring of the parameters that are needed to assess compliance with the emission limits as well as the other required measurements and calculations, shall be executed in accordance with the following standards:a. emission measurement:1°. nitrogen oxides (NOx): NEN-EN 14792; 2°. sulphur dioxide (SO2): NEN-EN 14791;3°. unburned hydrocarbons (CxHy): NEN-EN 12619;4°. total dust: NEN-EN 13284-1 or NEN-EN 13284-2; 5°. oxygen (O2): NEN-EN 14789.b. sampling for the substances listed sub a: NEN-EN 15259.3. Application of the standards as referred to in the second paragraph, sub a shall be subject to the rules for the measurement location as referred to in NEN-EN 15259. 4. Standards deemed to be equivalent to the standards referred to in the second paragraph, are those compiled in another member state of the European Union, or in a state that is not a member state of the European Union, but that is party to a Treaty with the Netherlands covering or partially covering this issue and that guarantee a level of protection that is at least equivalent to the levels pursued by the national requirements.5. Individual measurements, parallel measurements, and reference measurements shall be carried out by an entity appropriately accredited by an accrediting body.6. The second and fifth paragraphs notwithstanding, individual measurements may also be carried out by: an undertaking possessing a valid certificate issued by an entity accredited by an accrediting body for the implementation of the ‘Assessment Guideline for maintenance and inspection of combustion plants, Scope 6’, which is part of the ‘Certification Scheme for combustion plants inspection and maintenance’ as issued by the Combustion Plants Certification, Inspection and Maintenance Foundation [Stichting Certificatie Inspectie en Onderhoud Stookinstallaties], provided that he carries out such measurements in accordance with Scope 6.

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Article 3.7b

1. If the concentrations of nitrogen oxides (NOx), sulphur dioxide (SO2), total dust or unburned hydrocarbons (CxHy, expressed in terms of C) are measured individually, then an individual measurement shall be carried out within four weeks after an emission limit comes into effect.2. If the concentrations of nitrogen oxides (NOx), sulphur dioxide (SO2), total dust or unburned hydrocarbons (CxHy, expressed in terms of C) from a gas turbine, gas-fuelled engine or diesel engine are measured individually, then in addition to the first paragraph, a new individual measurement shall be carried out once every four years.3. Whenever other emission concentration limits become applicable because of a change of fuel, a new individual measurement shall be made within four weeks. The second paragraph shall apply accordingly.

Article 3.7c

1. An individual measurement within the meaning of Article 3.7b shall consist of three partial measurements lasting at least 15 minutes and at most 30 minutes.2. If none of the partial measurements as referred to in the first paragraph exceeds the relevant emission limit, the emission limit shall be deemed to as met.3. If any of the partial measurements as referred to in the first paragraph indicate that an emission limit has been exceeded, the individual measurement shall be repeated within three months after the last partial measurement of the individual measurement as referred to in the first paragraph.4. If any of the partial measurements of the individual measurement as referred to in the third paragraph indicate that the emission limit that was the reason for the renewed individual measurement is still exceeded, then the operator of the facility shall make adequate adjustments to the combustion plant to prevent future infringements of that emission limit.

Article 3.7d

1. In individual measurements as referred to in Article 3.7b, a 95 % confidence interval may be subtracted from the result value if demonstrated by an independent competent measurements body.2. The value of the 95 % confidence interval as referred to in the first paragraph shall not exceed the following percentages of the relevant emission limit; for:a. sulphur dioxide (SO2): 20;b. nitrogen oxides (NOx): 20;c. total dust: 30, andd. unburned hydrocarbons (CxHy, expressed in terms of C): 20.

Article 3.7e

1. A separate measurement as referred to in Article 3.7b for a boiler system shall be carried out at a load of more than 60 %. An individual measurement as referred to in Article 3.7a for a diesel engine, a gas engine or gas turbine shall be carried out at the maximum load at which these can operate continuously.2. An individual measurement as referred to in Article 3.7a for a gas turbine with associated boiler system shall be carried out at 10 % co-combustion in the associated boiler system.

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3. The load shall be considered for purposes of this provision to be that portion of the thermal power at which the combustion plant is actually being operated.

Article 3.7f

1. Continuous measurements to determine the concentrations of sulphur dioxide (SO2), nitrogen oxides (NOx), total dust or unburned hydrocarbons (CxHy, expressed in terms of C) shall be made by means of:a. direct continuous measurement of concentrations in the exhaust gas, orb. continuous measurement of the parameters of the emission characteristic as defined for the combustion plant.2. The quality assurance for the of the equipment installed to test for the emission limits, as well as the applied emission characteristics, shall comply with NEN-EN 14181, with calibration taking place once every five years.3. Standards deemed to be equivalent to the standard referred to in the second paragraph, are those compiled in another member state of the European Union, or in a state that is not a member state of the European Union, but that is party to a Treaty with the Netherlands covering or partially covering this issue and that guarantee a level of protection that is at least equivalent to the levels pursued by the National limits.

Article 3.7g

In continuous measurements as referred to in Article 3.7f, an emission limit shall be deemed as met if 100 per cent of the daily averages do not exceed such emission limit.

Article 3.7h

1. If the concentrations of nitrogen oxides (NOx), sulphur dioxide (SO2), unburned hydrocarbons (CxHy, expressed in terms of C) or total dust are measured continuously, then the emissions during the starting and stopping phases of the combustion plant shall not be counted when determining whether the emission limit is being met.2. If the concentrations of nitrogen oxides (NOx), sulphur dioxide (SO2), unburned hydrocarbons (CxHy, expressed in terms of C) or total dust are measured continuously, and the combustion plant is equipped with downstream equipment intended to reduce the emissions of the aforementioned substances, then the emissions occurring during the periods as referred to in Article 3.10g of the Decree shall not be counted.

Article 3.7i

1. The value of the 95 % confidence interval for the individual measured values that are used to calculate the averages which are then assessed against the emission limits, shall not exceed the following percentages of the emission limits in case of continuous measurements:a. sulphur dioxide (SO2): 20;b. nitrogen oxides (NOx): 20;c. total dust: 30, andd. unburned hydrocarbons (CxHy, expressed in terms of C): 20.

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2. For continuous measurements, the comparison with the emission limits shall be based on the average of the individual measured values after deducting the confidence interval as referred to in the first paragraph.3. If in one day more than three hourly averages are invalid because of malfunction or maintenance of the continuously operating measurement system, the measurements for that day shall be considered to be invalid. If in any calendar year the measures taken on more than 10 days are invalid, the operator of the facility shall take suitable measures to improve the reliability of the continuously operating measurement system.

Article 3.7j

If the emission requirement is expressed with reference to ISO air conditions, the measured emissions of nitrogen oxides (Nox) shall be converted according to the following formula: E = Em * √(101.3/Pm) * (Tm/288) –1.53 * e19(Xm – 0.0063)

with the following legend: E = emissions of nitrogen oxides converted to ISO air conditions; Em = measured emissions of nitrogen oxides; Pm = measured atmospheric pressure at the compressor inlet (kPa); Tm = temperature of the inlet air (Kelvin); Xm = measured moisture content of the inlet air (in kg of water per kg of dry air).

Article 3.7k

1. When draining a steam boiler in a combustion plant, at least the drain tank or other suitable facility as well as the pipes through which the drain water is passed, shall be resistant to the effects of the drain water.2. A drain tank as referred to in the first paragraph shall be fitted with a ventilation tube of sufficient dimensions to prevent failure of the drain vessel due to overpressure in the drain tank during draining.

Article 3.7l

Filling and emptying of a combustion plant with liquid fuel shall be done over a soil-protective device.

Article 3.7m

1. A non-gas-fuelled combustion plant with a rated power of:a. 20 kilowatts up to 100 kilowatts shall be inspected at least once every four years for safe operation, optimal combustion and energy efficiency;b. more than 100 kilowatt, shall be inspected at least once every two years for safe operation, optimal combustion and energy efficiency.2. A gas-fired combustion plant with a nominal capacity of more than 100 kilowatts shall be inspected at least once every four years for safe operation, optimal combustion and energy efficiency.3. An inspection as referred to in the first or second paragraph shall also include the settings for the combustion, the system for supplying fuel and combustion air and the removal of the flue gases.4. An inspection as referred to in the first or second paragraph shall be carried out by a legal entity having a valid certificate issued by an entity that is accredited for

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the implementation for the implementation of the ‘Assessment Guideline for maintenance and inspection of combustion plants’, which is part of the ‘Certification Scheme for combustion plants inspection and maintenance’ as issued by the Combustion Plants Certification, Inspection and Maintenance Foundation [Stichting Certificatie Inspectie en Onderhoud Stookinstallaties]. The operator of the facility shall ask the person who carried out the inspection for a written, signed inspection report showing at least when and by whom the inspection was carried out, and the results.5. If an inspection as referred to in the fourth paragraph shows that the combustion plant requires maintenance, that maintenance shall take place within two weeks following the inspection. The operator of the facility shall ask the person who carries out the maintenance to the combustion plants for a signed document showing when, by whom and what maintenance was performed.

Article 3.7n

1. The operator of a facility shall maintain the equipment installed to test against the emission limits in such a manner that the proper operation of the equipment is guaranteed.2. If a malfunction occurs in the equipment as referred to in the first paragraph:a. the operator of the facility shall immediately take the necessary measures to remedy such malfunction, andb. he shall refrain from making changes in the use of the combustion plant that could produce a significant increase in the emissions of the substance whose measurement is required.

Article 3.7o

A report in accordance with NEN-EN 15259 shall be prepared of any measurement or sampling as referred to in this Subchapter.

Article 3.7p

1. The results of the latest measurements and other data necessary to enable assessment of whether this Decree is being met, shall be kept available for the authorising authority at the facility by the manager of the facility.2. The last report issued for an inspection and the last issued proof of maintenance carried out as referred to in Article 3.7m(4) and (5) shall be kept available to the competent authority at the facility by the operator of the facility.

H

After Section 3.2.5, two sections shall be inserted with the following text:

Section 3.2.6. Operating a cooling system

Article 3.16b

In order to prevent or reduce as far as possible any risks to the environment and the likelihood of unusual incidents occurring, as well as their consequences, as referred to in Article 3.16d of the Decree, an ammonia-based cooling system shall at least comply with the following:

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a. the minimum safety provisions in relation to the quantity of ammonia of PGS 13, Sections 2.2 to 2.5 and the related functional implementing requirements in PGS 13, Chapter 4; andb. provisions 3.2.5 to 3.2.9, the provisions of Chapter 5, the provisions of Sections 8.2 to 8.5, the provisions of Sections 8.7 to 8.9, and the provisions of Chapter 9 of PGS 13.

Section 3.2.7. Operating a heat exchange system

Article 3.16d

In order to achieve a negligible soil risk as referred to in Article 3.16f of the Decree, switch heating systems shall comply with Article 3.16e.

Article 3.16e

1. Systems for heating railway switches where liquid soil-threatening substances are used, shall be constructed as a closed system.2. Inspection, maintenance and management of switch heating units as referred to in the first paragraph shall be laid down in clear internal procedures and soil-protective working instructions.3. The internal procedures and working instructions as referred to in the second paragraph shall lay down at least the manner in which:a. the condition and proper operation of switch heating units is inspected;b. it is ensured that inspections for spillage and leakage will be undertaken whenever circumstances require, and c. it is ensured that any spilled or leaked substances will be cleared immediately.4. The operator of a facility shall ensure that employees undertaking soil-threatening activities within the facility are familiar with the internal procedures and working instructions as referred to in the second paragraph, that these procedures and instructions are observed, and that they are available within the facility in such a manner that any person can easily familiarise themselves with them.5. Spillage and leakage shall be resolved and cleared in accordance with the internal procedures and working instructions as referred to in the second paragraph.6. The operator of the facility shall ensure that the necessary absorbent materials in connection with the internal procedures and working instructions as well as other materials and devices needed to protect the soil are present within the facility in sufficient quantities, and that sufficient numbers of employees trained in the use of these devices are present.7. Findings of inspections of or maintenance on switch heating units as well as actions taken after incidents with soil-threatening substances that may have led to soil pollution shall be recorded in a log that is kept available to the competent authority at all times.8. Article 2.11 of the Decree shall not apply to switch heating units containing liquid soil-threatening substances.

I

The heading of Subchapter 3.3. shall read as follows:

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Subchapter 3.3. Activities with vehicles or vessels.

J

The heading of Section 3.3.1 shall read as follows:

Section 3.3.1. Deliveries of liquid fuel or compressed natural gas to road motor vehicles or deliveries of liquid fuel to railway vehicles.

K


1. The first paragraph shall read as follows:1. A fixed delivery system shall be constructed and installed pursuant to the

norm document designated to that end under the Soil Quality Decree [Besluit bodemkwaliteit], by a person or agency appropriately accredited pursuant to such Decree. Replacements and repairs of parts of a delivery system shall be implemented in accordance with the norm document designated to that end under the Soil Quality Decree [Besluit bodemkwaliteit], by a person or agency appropriately accredited pursuant to such Decree.

2. In the second paragraph, the following shall be inserted after the phrase 'for road traffic': or in deliveries of liquid fuels to railway vehicles.

L

In Article 3.22, the following shall be inserted after the phrase 'for road traffic': or to railway vehicles.

M


1. In the first paragraph, the following shall be inserted after the phrase 'for road traffic': or to railway vehicles.

2. In the third paragraph, the following shall be inserted after the phrase ‘motor vehicles’: or to railway vehicles.

N

The heading of Section 3.3.2 shall read as follows:

Section 3.3.2. Washing the exterior of motor vehicles, equipment or railway vehicles.

O


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1. In the first paragraph, the phrase 'motor vehicles or equipment' shall be replaced with: motor vehicles, equipment, or railway vehicles.

2. The second paragraph shall read as follows:2. The first paragraph notwithstanding, it shall be permitted to wash motor

vehicles, equipment and railway vehicles in or on a mobile washing installation that is constructed in such a manner that liquids cannot enter the soil, where a mobile washing installation must not be installed in the same location for longer than six consecutive months.

P

In Subchapter 3.3, three sections shall be inserted after Section 3.3.2, with the following text:

Section 3.3.3. Disassembly of end-of-life vehicles

Article 3.27c

In order to achieve a negligible soil risk as referred to in Article 3.26a of the Decree, the draining-off of liquids and the disassembly of liquid-containing parts in facilities where end-of-life vehicles are disassembled, shall be done over a liquid-proof floor or paving.

Article 3.27d

1. To ensure the following:a. effective waste management as referred to in Article 3.26a of the Decree,b. prevention or reduction of risks to the environment and unusual incidents, or where prevention is not possible, reduction as far as possible of the risks to the environment and the likelihood of unusual incidents occurring, as well as their effects, as referred to in Article 3.6a2 of the Decree, andc. achieving a negligible soil risk as referred to in Article 3.26a of the Decree; the second to sixth paragraphs shall be observed during processing of end-of-life vehicles at a facility where end-of-life vehicles are disassembled.2. Without delay, but within at most ten working days from receipt of the end-of-life vehicle, the following substances, preparations and products, if present, shall be drained or disassembled and stored:a. motor oil;b. transmission oil;c. gear oil;d. oil from the differential;e. hydraulic oil;f. braking fluids;g. coolants;h. screen washer liquids;i. air conditioner liquids;j. gasoline;k. diesel;l. LPG tank, including LPG;m. accumulator, including accumulator acids;n. oil filter;

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o. PCB/PCT-containing capacitors;p. batteries;q. explosive parts such as air bags and belt tighteners, to the extent that they have not been neutralised.3. Tubing shall be drained of liquid residues as far as possible. The draining outlets shall be closed after draining.4. If necessary for product reuse of disassembled parts, then notwithstanding the second paragraph, draining oils from the parts mentioned in that paragraph may be dispensed with, and the oil filter reinstalled.5. The following substances, preparations or other products shall be removed from end-of-life vehicles within the facility:a. tyres, glass and large plastic parts such as fenders, dashboards and liquid tanks, unless these materials can be separated out in a shredder so as to enable reuse of the materials; b. metal parts containing copper, aluminium or magnesium, unless these metals are separated out in the shredder; c. catalytic converters; d. parts containing lead, mercury, cadmium or hexavalent chromium that is also labelled as such.6. End-of-life vehicles shall not be crushed, cut or otherwise mechanically reduced that their identity and contents cease to be recognisable.

Article 3.27e

1. To ensure an effective waste management as referred to in Article 3.26a of the Decree, the storage of drained or disassembled substances, preparations or products at a facility where end-of-life vehicles are disassembled shall comply with the second to fifth paragraphs.2. Drained or disassembled substances, preparations or products as referred to in Article 3.27b(2) shall be stored separately where necessary for purposes of product or material reuse or utilisation.3. Drained or disassembled substances, preparations or products as referred to in Article 3.27b(5) shall be stored in such a manner that the possibilities for product or material reuse or utilisation are not diminished.4. Substances, preparations and products that are not suitable for product reuse, but for which there is nevertheless a possibility of material reuse or utilisation, shall be kept separate and transferred separately to a facility providing an environmentally responsible, effective mode of reuse.5. The competent authority may issue specific requirements with respect to the mode of storage of drained or disassembled substances, preparations or products as referred to in the second to fourth paragraphs.

Article 3.27f

1. To ensure an effective waste management as referred to in Article 3.26a of the Decree, the storage of end-of-life vehicles at a facility where end-of-life vehicles are disassembled shall comply with the second to seventh paragraphs.2. End-of-life vehicles from which the substances, preparations or products as referred to in Article 3.27b(2) have not yet been removed, shall be stored in a dedicated part of the facility immediately upon arrival, in anticipation of further processing, and shall not be stacked.3. End-of-life vehicles from which all substances, preparations or products as referred to in Article 3.27b(5) have not yet been removed, shall be stacked no

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higher than two levels, in a dedicated part of the facility, or shall be stacked in gantries in such a manner that they can be easily inspected and disassembled.4. End-of-life vehicles from which the substances, preparations or products as referred to in Article 3.27b(2) and (5) have not yet been removed, shall be transferred, directly from the facility only, to a facility with a shredder where end-of-life vehicles are separated into scrap metal for immediate material reuse and shredder waste.5. Notwithstanding the fourth paragraph, it shall be permitted to make end-of-life vehicles from which the substances, preparations and products as referred to in Article 3.27b(2) have been removed, available to an institution for purposes of exercise and training before their final disposal in accordance with the fourth paragraph.6. The competent authority may issue specific requirements for the stacking height for end-of-life vehicles as referred to in the third paragraph.7. The competent authority may issue specific requirements for making end-of-life vehicles available to institutions for purposes of exercise and training as referred to in the fifth paragraph.

Article 3.27g

1. To ensure an effective waste management as referred to in Article 3.26a of the Decree, the receipt of end-of-life vehicles at a facility where end-of-life vehicles are disassembled shall comply with the second to seventh paragraphs.2. Upon receipt of an end-of-life vehicle with a registration number issued by an appropriately competent authority of another Member State of the European Union, a certificate of destruction as referred to in Article 5(3) of the End-of-Life Vehicles Directive shall be issued upon request to any person who disposes of such end-of-life vehicle, which certificate shall contain at least the following information:a. the name, address and signature of the issuer of the certificate of destruction; b. the date of issue of the certificate of destruction; c. the registration number of the end-of-life vehicle, including the associated country code;d. the vehicle category to which the end-of-life vehicle belongs, as well as the make and model of the end-of-life vehicle;e. the chassis number of the end-of-life vehicle;f. the name, address, nationality and signature of the owner or holder of the delivered end-of-life vehicle.3. The certificate of destruction shall be accompanied by the registration certificate of the end-of-life vehicle.4. If the registration certificate for the end-of-life vehicle is missing, a remark to that effect shall be placed on the certificate of destruction.

Article 3.27h

1. In order to prevent or reduce as far as possible any risks to the environment and the likelihood of unusual incidents occurring, as well as their consequences, pursuant to Article 3.26a of the Decree, the disassembly of LPG tanks and the storage of disassembled LPG tanks shall at least take place in accordance with the second to sixth paragraphs.2. Draining LPG from an LPG tank at a Type B facility shall not be permitted.3. Disassembly of LPG tanks shall take place outdoors or in a well-ventilated area.4. Disassembled LPG tanks from which the LPG has not yet been drained shall be removed from a Type B facility at least once every two months.

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5. At Type B facilities there shall be at most 24 disassembled LPG tanks from which the LPG has not been drained.6. Disassembled LPG tanks from which the LPG has not been drained shall be marked as such and stored separately from the LPG tanks from which the LPG has been drained.

Article 3.27i

1. In order to prevent or reduce as far as possible any risks to the environment and the likelihood of unusual incidents occurring, as well as their consequences, pursuant to Article 3.26a of the Decree, the neutralising of air bags and belt tighteners from end-of-life vehicles as well as the storage of disassembled air bags and belt tighteners within the facility up to a maximum of 1000 disassembled air bags and belt tighteners shall proceed in accordance with the second to twelfth paragraphs.2. Neutralising of air bags and belt tighteners shall proceed in accordance with Section 6 of NEN 7557.3. Activation of mechanical air bags shall not be done at Type A or B facilities.4. After disassembly, the disassembled air bags or belt tighteners, not including the working supply, shall be stored in a dedicated container or storage area, suitable for the transport of disassembled air bags and belt tighteners and constructed so as to allow sufficient pressure release, where the disassembled air bags and belt tighteners are kept separate from other substances and materials by means of a separating steel wire mesh of sufficient strength with a mesh size not exceeding five centimetres, or by storage in a separate fire compartment.5. Disassembled mechanical air bags and belt tighteners shall be stored separately from each other in a facility as referred to in the fourth paragraph, such that the risk of unintended activation of such air bags and belt tighteners is reduced as far as possible.6. The area as referred to in the fourth paragraph shall be at a single central location within the facility, inaccessible by unauthorized persons.7. No open fire or smoking shall be permitted in and around the area as referred to in the fourth paragraph.8. At the entrance of the area as referred to in the fourth paragraph, a marking shall be placed indicating the storage of disassembled air bags and belt tighteners.9. The air bags shall be stored with the cover facing upwards.10. Electrical air bags and belt tighteners shall not be exposed to static charges if the cabling directly connected to the airbag or belt tightener is damaged.11. At a Type A or B facility, electrical air bags or belt tighteners shall not be activated if they are damaged to the extent that they cannot safely be neutralised inside the end-of-life vehicle.12. The air bags and belt tighteners as referred to in the tenth paragraph shall be disassembled, and after disassembly they shall be transferred to a person as referred to in Article 10.37(2) of the Act.

Article 3.27j

1. For the prevention, or reduction as far as possible where prevention is not possible, of diffuse emissions as referred to in Article 3.26b(2) of the Decree, any dust and gases released during the activation of air bags or belt tighteners shall be effectively suctioned off at the source to the extent reasonably practicable.2. For an effective dispersal of emissions into the ambient air as referred to in Article 3.26b(2) of the Decree, dust and gases released into the ambient air by the

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activation of air bags or belt tighteners shall be transported above the roof and upwards if there is a sensitive building within 50 metres from any emission source, with the exception of sensitive buildings within zoned industrial estates and business parks with fewer than one sensitive building per hectare.3. To protect air quality in accordance with the NeR, the competent authority may issue specific requirements for the location and construction of the point of discharge of the emissions into the ambient air as referred to in the second paragraph.

Article 3.27k

Article 3.26b(1) of the Decree shall be considered fulfilled in any case if:a. fewer than 5000 end-of-life vehicles per year are being disassembled, orb. the emissions released by the activation of air bags and belt tighteners and suctioned off shall be passed through a filtering separator which is in a good state of repair, is periodically inspected and is cleaned and replaced as frequently as necessary for effective operation.

Section 3.3.4. Offering parking spaces in a car park

Article 3.27l

For an effective dispersal of emissions and for the prevention or reduction as far as possible of odour pollution, as well as for the prevention or reduction as far as possible of air pollution by benzene as referred to in Article 3.26th of the Decree, in the case of mechanical ventilation in a car park that is part of a facility with at least 20 parking spaces:a. the inlet vents for ventilation shall be installed at a low-traffic location, or if that is not possible, then at a height of at least 5 metres above road level where they are not affected by the outlet vents;b. the air extracted from the multi-storey car park shall be blown out vertically at a height of at least 5 metres above street level or, if a building with an uppermost roofline more than 5 metres above street level is located within 25 metres from the outlet vent, at least 1 metre above the uppermost roofline of that building;c. the velocity of the blown-off air, measured at the edge of the outlet vent, shall be at least 10 metres per second.

Section 3.3.5. Offering spaces for mooring pleasure craft in a marina

Article 3.27m

Article 3.26j(3) of the Decree shall be considered fulfilled in any case if there is a plan for the acceptance and further management of waste with at least the following elements:a. an assessment of the need for waste acceptance systems in light of the requirements of the types of seaborne pleasure craft that customarily visit the marina;b. a description of the waste collection systems and their capacity;c. a description of the procedures for delivery of the waste concerned;d. a description of the procedures for reporting suspected shortcomings in the systems;e. a description of the procedures for structural consultations with port users, waste processors and other stakeholders;f. a description of the types of waste and the expected quantities;

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g. a description of the methods for recording the actual use made of the waste collection systems;h. a description of the manner in which collected waste is disposed of;i. designation of one or several persons responsible for the implementation of the plan.

Q


Subchapter 3.4. Storage of substances or filling of gas bottles.

R

The heading of Section 3.4.2. shall read as follows:

Section 3.4.2. Storage in underground storage tanks of liquid fuel, used oil, certain organic solvents or liquid soil-threatening substances not being hazardous substances or CMR substances.

S

Article 3.32 shall be deleted.

T

Article 3.33 shall read as follows:

Article 3.33

In order to achieve a negligible soil risk as referred to in Article 3.30 of the Decree, any storage, filling or retrieval of substances from underground storage tanks as well as any operations directly associated with such storage, filling or retrieval, not including deliveries of liquid fuels, oil mixtures and natural gas, shall proceed in accordance with Articles 3.34 to 3.37.

U

In Article 3.35(1), the phrase ‘liquid fuel’ shall be replaced with: liquid fuel or an organic solvent as referred to in Article 3.29, sub c to i, of the Decree.

V

Article 3.38(1) shall read as follows:

1. In order to achieve a negligible soil risk and to prevent or reduce as far as possible any risks to the environment and the likelihood of unusual incidents occurring, as well as their consequences, pursuant to Article 3.30 of the Decree, any storage of substances as referred to in Article 3.29, sub a to i, of the Decree in underground storage tanks, as well as any filling and emptying of such storage tanks, shall proceed in accordance with Parts 5.5.1, 6.1.2, 6.1.3, 6.2, 6.4, 7.4.4, 7.4.5, 7.5, 9.1, 9.2, 9.5 and 9.7 of PGS 28.

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W

Article 3.44(1) shall be amended as follows:1. In the preamble, the phrase ‘Section 3.4.4 of the Decree’ shall be replaced

with: Section 3.3.3. of the Decree.

2. Replacing the full stop at the end of part n with a semicolon, a new part shall be added with the following text: o. concrete products in formwork susceptible to leakage of stripping agents.

X

Section 3.4.4 shall be deleted.

Y

In Subchapter 3.4, two sections shall be inserted after Section 3.4.7, with the following text:

Section 3.4.8. Filling of gas bottles with propane or butane

Article 3.71a

1. In order to prevent or reduce as far as possible any risks to the environment and the likelihood of unusual incidents occurring, as well as their consequences, as referred to in Article 3.54b of the Decree, no more than 300 litres of gases in cylinders shall be present at the filling location when filling gas cylinders.2. The filling station shall conform to sections 8.2.1, 8.2.2 and 8.2.6, 11.1, 12.1 and Annex III to PGS 23.

Section 3.4.9. Storage of gas oil, lubricating oil or used oil in an above-ground storage tank

Article 3.71b

1. In order to prevent or reduce as far as possible any risks to the environment and the likelihood of unusual incidents occurring, as well as their consequences, as referred to in Article 3.54d of the Decree, any storage of gas oil and used oil in above-ground storage tanks shall proceed in accordance with Articles 3.71c to 3.71h.2. In order to achieve a negligible soil risk as referred to in Article 3.54d of the Decree, any storage of lubricating oil in above-ground storage tanks shall proceed in accordance with Articles 3.71f and 3.71h.3. For purposes of preventing, or reducing where prevention is not possible, pollution of surface water bodies as referred to in Article 3.54d of the Decree, any storage of gas oil, lubricating oil or used oil in above-ground storage tanks over a surface water body shall proceed in accordance with Articles 3.71g and 3.71h.4. The first paragraph shall not apply to storage of used oil from a gas-fuelled cogeneration plant with no added substances and a flash point of at least 55°C.

Article 3.71c

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1. Any storage of gas oil and used oil in above-ground storage tanks shall take place in above-ground storage tanks which together with their associated pipes and branches shall be suitable for the storage of the substances concerned.2. The above-ground storage tanks and their associated pipes and appendages shall be in good condition.3. The storage of gas oil and used oil in above-ground storage tanks shall take place on the floor.4. The third paragraph shall not apply to above-ground storage tanks with gas oil or used oil if placement on the floor due is not possible to the construction of the relevant process installation.

Article 3.71d

1. Stationary above-ground storage tanks with their associated pipes and appendages for the storage of gas oil and used oil shall be constructed, installed and repaired or replaced in accordance with the norm document designated to that end under the Soil Quality Decree [Besluit bodemkwaliteit], by a person or agency appropriately accredited pursuant to such Decree.2. Any storage of the substances referred to in the first paragraph in stationary above-ground storage tanks with their associated pipes and appendages shall comply with requirements 4.1.3, 4.2.4 to 4.2.7, 4.2.9, 4.2.10, 4.2.14, 4.3.1 to 4.3.4, 4.3.6, 4.3.8, 4.3.9, 4.3.11, 4.4.1, 4.4.3, 4.4.4, 4.4.7, 4.4.8, 4.5.1, 4.5.2, 4.5.3, 4.5.9, 4.5.12 and the requirements of Section 4.6 of PGS 30.3. Without prejudice to requirement 4.2.9 of PGS 30, the cathode protection for underground steel pipes shall be checked annually for proper operation in accordance with Article 3.36(1) and (2).4. The leak detection system of double-walled stationary above-ground storage tanks for storage of the substances referred to in the first paragraph shall be checked for proper operation once a year in accordance with KC 111. When defects are discovered which could produce undetected leaks, the leak detection system shall be repaired within one month. The inspection shall be recorded in a log entry.5. Notwithstanding requirement 4.4.4 of PGS 30, a stationary above-ground storage tank containing used oil need not be inspected for the presence of water. Stationary above-ground storage tanks containing used oil shall be emptied annually by an appropriately accredited processing agent.6. All stationary above-ground storage tanks for storage of the substances as referred to in the first paragraph shall be maintained and assessed in accordance with KC 111.

Article 3.71e

Any storage of gas oil in mobile above-ground storage tanks, including their associated pipes and appendages, shall comply with Section 4.9 of PGS 30.

Article 3.71f

1. Any storage of gas oil, lubricating oil and used oil in above-ground storage tanks shall take place over a drip tray.2. The first paragraph shall not apply to storage tanks of double-walled construction with a leakage detection system installed in such wall. The leakage detection system shall be assessed and approved at least once every year in

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accordance with the norm document designated to that end under the Soil Quality Decree, by a person or agency appropriately accredited pursuant to that Decree.3. The filling inlets and draining outlets of above-ground storage tanks containing gas oil, lubricating oil or used oil shall be located either over a liquid-proof floor or paving, or over or within a drip tray.4. Storage tanks and filling pipes shall be fitted with an overfill protection.5. No other hazardous substances shall be stored above the drip tray as referred to in the first paragraph if such substances can react with the substances in the above-ground storage tank.

Article 3.71g

1. Storage of gas oil, lubricating oil and used oil in above-ground storage tanks over a surface water body shall take place over a device located around or below the stored substances which during normal operation shall be able to capture any spilled or spluttered liquids.2. The first paragraph shall not apply to storage tanks of double-walled construction with a leakage detection system that is assessed and approved at least once a year in accordance with the norm document designated to that end under the Soil Quality Decree, by a person or agency appropriately accredited pursuant to that Decree.3. The filling inlets and draining outlets of above-ground storage tanks containing gas oil, lubricating oil and used oil located over a surface water body shall be installed over or within a device located around or below the stored substances which during normal operation shall be able to capture any spilled or spluttered liquids.4. The devices as referred to in the first and third paragraphs shall be constructed such that:a. any spilled or leaked liquids may be effectively collected and disposed of;b. precipitation cannot enter them, unless such precipitation is regularly removed from the device.5. Devices as referred to in the first and third paragraphs shall be resistant to the stored substances and the conditions under which such substances are being used or stored.6. Devices as referred to in the first paragraph shall have a capacity of at least 10 % of the total volume of stored substances.7. Storage tanks and filling pipes shall be fitted with an overfill protection.

Article 3.71h

1. Articles 3.71d, 3.71f and 3.71g shall not apply to above-ground storage tanks containing gas oil, lubricating oil or used oil those that is not placed directly on the soil.2. In order to prevent risks to the environment and unusual incidents, or where prevention is not possible, in order to minimise the risks to the environment and the likelihood of unusual incidents occurring as well as their consequences, the competent authority may issue specific requirements for above-ground storage tanks as referred to in the first paragraph which are not placed directly on the soil, with respect to their location, construction, inspection, soil and safety devices.

Z

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Three Subchapters shall be inserted after Article 3.102, with the following text:

Subchapter 3.6. Foodstuffs

Section 3.6.1. Preparation of foodstuffs

Article 3.103

1. In order to prevent odour pollution as referred to in Article 3.132 of the Decree, or reduce it to acceptable levels where prevention is not possible, any suctioned-off vapours and gases from the preparation of foodstuffs as referred to in Article 3.130, sub b, c and d, of the Decree, which are emitted into the ambient air:a. shall be discharged at a distance of at least 2 metres above the highest roofline of buildings located within 25 metres from the outlet; orb. shall be passed through an effective deodorisation system.2. In order to prevent odour pollution as referred to in Article 3.132 of the Decree, or to reduce it to acceptable levels where prevention is not possible, vapours released into any area in the preparation of foodstuffs as referred to in Article 3.130, sub b, of the Decree, during grilling, other than with charcoal, deep-frying or frying in oil or fat, shall be suctioned off and passed through an effective exchangeable or cleanable fat-capturing filter before being released into the ambient air.3. The first and second paragraphs shall not apply if the potential odour pollution effect of air emitted by a suctioning installation is limited to a zoned industrial park or a business park with less than one sensitive building per hectare.4. If the odour pollution is found to exceed acceptable levels due to poor performance of the deodorisation system, insufficient dispersal of suctioned-off vapours, absent disposal of odour emissions through the suctioning system, or occasional peaks in the odour levels, the competent authority may supplement the first paragraph with specific requirements, in accordance with the NeR, for:a. the design and maintenance of a deodorisation system as referred to in the first paragraph;b. the location of the emission point;c. preventing or reducing diffuse odour emissions; ord. restricting occasional peak odour levels to specific times.

Section 3.6.2. Slaughtering animals, butchering meat or fish or processing animal by-products

Article 3.104

1. In order to prevent odour pollution as referred to in Articles 3.135 and 3.136 of the Decree, or reduce it to acceptable levels where prevention is not possible:a. at least the solid animal manure produced when slaughtering animals as referred to in Article 3.133, sub a, of the Decree shall be stored in closed, leakage-free barrels or tanks;b. any suctioned-off vapours and gases from fermenting or boiling animal by-products as referred to in Article 3.133, sub a, of the Decree, if they are emitted into the ambient air:1°. shall be discharged at a distance of at least 2 metres above the highest roofline of buildings located within 25 metres from the outlet; or2°. shall be passed through an effective deodorisation system.

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2. If the odour pollution is found to exceed acceptable levels due to poor performance of the deodorisation system, insufficient dispersal of suctioned-off vapours, absent disposal of odour emissions through the suctioning system, or occasional peaks in the odour levels, the competent authority may supplement the first paragraph, sub b, with specific requirements, in accordance with the NeR, for:a. the design and maintenance of a deodorisation system as referred to in the first paragraph, sub b;b. the location of the discharge pipe;c. preventing or reducing diffuse odour emissions; ord. the limitation of occasional odour peaks to specific times.3. Notwithstanding the first paragraph, subparagraph b, if the odour pollution is found to exceed acceptable levels and the competences as referred to in the second paragraph are not sufficient to remedy the violation in accordance with the NeR, the competent authority may issue specific requirements specifying that a deodorisation system be installed or that the suctioned-off vapours and gases be discharged at a greater height.

Article 3.105

1. In order to achieve a negligible soil risk as referred to in Article 3.135 of the Decree, brining of animal by-products and organs as referred to in Article 3.133, sub a and d, of the Decree, shall be done over a soil-protective device.2. In order to prevent pollution of surface water bodies or reduce it where prevention is not possible, as well as to safeguard the proper operation of waste water management facilities as referred to in Article 3.135 of the Decree, when brining animal by-products and organs as referred to in Article 3.133, sub a and d, of the Decree, at least the spilled or leaked substances shall be disposed of as far as possible without adding water and disposed of as waste, while preventing such substances from entering the wastewater to the extent possible. The relevant procedure shall be included in the internal procedures and working instructions as referred to in Article 2.3(2).

Section 3.6.3. Industrial production or processing of foodstuffs or beverages

Article 3.106

Article 3.141(4) of the Decree shall be considered fulfilled in any case if:a. the suction-off dust emissions from the production or processing of foodstuffs or beverages where foodstuffs or their raw materials are dried, ground or roasted, or where goods classified in drift class S1, S2, S3 or S4 are mixed, shall be passed through a filtering separator meeting the requirements of Article 3.141(2) of the Decree; and b. the filtering separator is in a good state of repair, is regularly inspected and is cleaned or replaced as frequently as necessary for proper operation.

Article 3.107

1. In order to prevent, or reduce as far as possible, any diffuse emissions, any class S dust that is released in the production or processing of foodstuffs or beverages as referred to in Article 3.141 of the Decree where foodstuffs or their raw materials are dried, ground or roasted, or where goods classified in drift class S1, S2, S3 or S4 are mixed, shall be effectively suctioned off at the source to the extent reasonably practicable.

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2. For an effective dispersal of emissions into the ambient air, any suctioned-off emissions from the production or processing of foodstuffs or beverages as referred to in Article 3.141 of the Decree where foodstuffs or their raw materials are dried, ground or roasted, or where goods classified in drift class S1, S2, S3 or S4 are mixed, and which are released into the ambient air, shall be disposed of above the roof and upwards if there is a sensitive building within 50 metres from any emission point, with the exception of sensitive buildings within zoned industrial estates and business parks with fewer than one sensitive building per hectare. 3. To protect air quality in accordance with the NeR, the competent authority may issue specific requirements for the location and construction of the point of discharge of the emissions into the ambient air as referred to in the second paragraph.

Subchapter 3.7. Sports and leisure

Section 3.7.1. Indoor shooting ranges

Article 3.108

1. In order to prevent, or reduce as far as possible, diffuse emissions as referred to in Article 3.143 of the Decree, dust of class S which is released during shooting at an indoor shooting range, shall be effectively suctioned off to the extent reasonably practicable.2. For an effective dispersal of emissions into the ambient air as referred to in Article 3.143 of the Decree, the suctioned-off emissions from shooting at an indoor shooting range that are released into the ambient air shall be disposed of above the roof and upwards if there is a sensitive building within 50 metres from any emission point, with the exception of sensitive buildings within zoned industrial estates and business parks with fewer than one sensitive building per hectare.3. To protect air quality in accordance with the NeR, the competent authority may issue specific requirements for the location and construction of the point of discharge of the emissions into the ambient air as referred to in the second paragraph.

Article 3.109

Article 3.143(1) of the Decree shall be considered fulfilled in any case if:a. the suctioned-off dust emissions from shooting at an indoor shooting range are passed through a filtering separator meeting the requirements of Article 3.141(2) of the Decree; andb. the filtering separator is in a good state of repair, is regularly inspected and is cleaned or replaced as frequently as necessary for proper operation.

Article 3.110

1. In order to prevent or reduce as far as possible any risks to the environment and the likelihood of unusual incidents occurring, as well as their consequences, as referred to in Article 3.144, preamble and sub a, of the Decree, any shooting at an indoor shooting range shall comply with at least the second and third paragraphs.2. The construction of indoor shooting ranges shall comply at least with the dimensions as specified in Table 3.110.

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3. Indoor shooting ranges shall have an effective stop butt compliant with at least the dimensions specified in Table 3.110.4. In the interests of ensuring safe surroundings, the competent authority may issue specific requirements for the design of the construction andthe stop butt as referred to in the second and third paragraphs.

Table 3 110

arms with a bore of up to .22

handguns with a bore of up to .50 and other firearms using pistol ammunition

shoulder firearms with a bore of up to .50

ceiling/roof 50 mm concreteor 100 mm aerated concrete

100 mm concreteor 150 mm aerated concrete

200 mm concreteor 150 mm aerated concrete

side walls 100 mm masonry or silicon brickor 50 mm concreteor 100 mm aerated concrete

100 mm masonryor silicon brickor 100 mm concreteor 150 mm aerated concrete

200 mm masonry or silicon brickor 200 mm concreteor 150 mm aerated concrete

rear wall 100 mm masonry or silicon brick or 75 mm concrete

200 mm masonry or silicon brick or 100 mm concrete

200 mm masonry or silicon brickor 200 mm concrete

protection of walls and ceiling at the point of shooting

fir wood 20 mm or cement fibre board 25 mm on slats 25 mm



range floor (where paved)

50 mm concrete with cement floor or plastic finishing



range floor (where unpaved)

even sand without hard parts larger than 3 mm



protection of shootable parts

fir wood 20 mm on slats 25 mm



vent grill steel plate 3 mm steel plate 6 mm steel plate 10 mm

sand stop butt Slope 34 degrees to horizontal; 0.75 m depth near ceiling

Slope 34 degrees to horizontal; 1.0 m depth near ceiling

Slope 34 degrees to horizontal; 1.2 m depth near ceiling

steel stop butt steel plate impact plane 5 mm thick

steel plate impact plane 12 mm thick

______

plastic stop butt depth 0.30 m depth 0.50 m depth 0.90 m.

Article 3.11123

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1. In order to prevent, or maximally reduce where prevention is not possible, the burden on the soil as referred to in Article 3.144, preamble and sub b, of the Decree, at least the second and third paragraphs shall be observed during shooting at an indoor shooting range.2. If cartridges from used ammunition are released during shooting, the shooting shall take place over a soil-protective device.3. The stop butt as referred to in Article 3.110(3) shall be installed over a soil-protective device.

Article 3.112

When calculating the long-term average assessment level (LAr,LT) and the maximum noise level LAmax produced by a facility with an indoor shooting range as referred to in Article 3.144(2) of the Decree, measurements shall be taken during a specified period and calculations shall be done based on the Indoor Shooting Ranges Measuring Instruction [Meetvoorschrift binnenschietinrichtingen] as included in Annex 7.

Article 3.113

Pursuant to Article 1.11(10) of the Decree, an acoustic survey report as referred to in Article 1.11(3)(f) of the Decree shall contain the following information:a. a detailed description (name, type, make) of the (representative) arms measured and the ammunition used (type and LOT number);b. the total number of shots fired in the representative usage situation by the relevant arms category during the relevant assessment periods;c. measuring equipment used;d. a map of the measurement situation (e.g.: shooting range location, weapon position, address, surrounding noise-sensitive buildings, etc.) and a description of the assessment points (distances, microphone height, distance to façade, area dimensions);e. the measurements for LAE and LAmax as well as the average energy values;f. the assessment levels for each measurement location during the relevant assessment periods;g. the background noise level measured at each measurement location and a description of the nature of the noise; andh. the weather conditions, for measurements conducted outdoors.

Section 3.7.2. Traditional shooting

Article 3.114 1. In order to prevent any risks to the environment and unusual incidents, or where prevention is not possible, to minimise the risks to the environment and the likelihood of unusual incidents occurring as well as their consequences, as referred to in Article 3.146 of the Decree, traditional shooting shall at least observe the fourth to seventh paragraphs.2. In order to prevent, or maximally reduce where prevention is not possible, the burden on the soil as referred to in Article 3.146 of the Decree, shooting at an indoor shooting range shall at least comply with the third, fourth and seventh paragraphs.

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3. If cartridges from used ammunition are released during shooting, the shooting shall take place over a soil-protective device.4. Shooting shall be done such that all fired bullets are collected in a device. Such device shall be installed over a soil-protective device.5. During times of shooting, there shall be no persons or animals of a cattle species in the unsafe zone, except for the shooter, the range commander and one or more persons designated by the range commander. The unsafe zone shall comprise the area of a rectangle extending 2 metres on either side of the device in which the fired bullets are collected, as referred to in the fourth paragraph, by 8 metres. This zone shall be located at the side from which the target is being shot at.6. Notwithstanding the fifth paragraph, the unsafe zone when shooting at a wooden block or stub using bullets of bore number 16 or smaller shall comprise the area of a semicircle with a radius of 25 metres with the shooting target at the centre. This zone shall be located at the side from which the target is being shot at.7. Notwithstanding the fourth to sixth paragraphs, the competent authority may issue specific requirements during the celebration of festivities in order to prevent, or reduce where prevention is not possible, the burden on the soil, as well as to define the unsafe zone.8. The days or day parts during which festivities as referred to in the seventh paragraph will take place, shall be defined by the competent authority in a specific requirement, with the total number of days or day parts designated not exceeding twelve per calendar year.

Subchapter 3.8. Other activities

Section 3.8.1. Municipal waste collection sites

Article 3.115

1. To ensure an effective waste management as referred to in Article 3.154 of the Decree, facilities created by municipalities where the public may leave bulky domestic waste shall comply with at least the second to fourth paragraphs.2. At facilities created by municipalities where the public may leave bulky domestic waste, there shall be provisions for separate collection of the following types of bulky domestic waste:a. waste electrical and electronic equipment;b. asbestos;c. Class C wood;d. gas cylinders, fire extinguishers and other pressurised containers;e. soil of the respective functional classes of the Soil Quality Decree;f. Class A wood and Class B wood;g. vehicle tyres;h. roofing waste;i. expanded polystyrene foam;j. mixed stony materials, other than asphalt or gypsum;k. gypsum;l. bulky garden waste;m. hard plastics;n. mattresses;o. metals;

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p. paper and cardboard;q. textiles other than carpets;r. sheet glass.3. The second paragraph shall not apply to types of bulky domestic waste that are not accepted by the facility. In that case, the operator of the facility shall ensure that it is clearly indicated at the facility where residents of the municipality may deliver those types of waste instead. Furthermore, the operator of the facility shall in that case include in the procedures for acceptance and inspection as referred to in Article 2.14b of the Decree a procedure for ensuring that those types of waste are not accepted.4. Without prejudice to Article 2.14b of the Decree, the operator of the facility shall take measures to prevent waste for which specific facilities are available from being deposited in the facility for residual waste where possible. The facility operator shall include in the procedures for acceptance and inspection as referred to in Article 2.14b of the Decree a detailed procedure for the above.5. The competent authority may issue a specific requirement permitting any of the systems as referred to in the second paragraph sub f to r to be absent on condition that the operator of the facility achieves an equivalent level of waste separation, by means of post-separation or otherwise, within a reasonable period as specified in the requirement.6. A specific requirement as referred to in the fifth paragraph may define conditions for the method of post-separation or other alternative processing method, and the submission of the associated records.

AA


Section 4.1.1. Storage of packaged hazardous substances, CMR substances or soil-threatening substances, not being fireworks, pyrotechnic articles for display use, other explosive substances, certain organic peroxides, asbestos, disassembled air bags, belt tighteners or solid artificial fertilisers.

BB


Article 4.1

1. In order to prevent or reduce as far as possible any risks to the environment and the likelihood of unusual incidents occurring, as well as their consequences, pursuant to Article 4.1(1) of the Decree, any storage of packaged hazardous substances or packaged CMR substances other than fireworks, other explosive substances, solid artificial fertilisers or organic peroxides as referred to in Article 4a, sub d, of the Decree, shall at least comply with Articles 4.2 to 4.9b and 4.10(4).2. In order to achieve a negligible soil risk as referred to in Article 4.1(7) of the Decree, any storage of packaged hazardous substances, packaged liquid soil-threatening substances, waste from which liquid soil-threatening substances could leak, and packaged CMR substances other than fireworks, other explosive substances, solid artificial fertilisers, or organic peroxides as referred to in Article 4a(d), of the Decree, shall proceed in accordance with Articles 4.2, 4.9, 4.9a, 4.9b and 4.10.

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3. In order to prevent, or reduce where prevention is not possible, pollution of the surface water as referred to in Article 4.1(9) of the Decree, an storage over a surface water of packaged hazardous substances, packaged liquid soil-threatening substances and packaged CMR substances other than fireworks, solid artificial fertilisers, organic peroxides as referred to in Article 4a, sub d, of the Decree, asbestos, disassembled air bags and belt tighteners and other explosive substances shall proceed in accordance with Articles 4.2 and 4.10a.4. An adequate fire-resistant facility as referred to in Article 4.1(3) and (5) of the Decree shall be deemed as present in any case if the wall has a fire resistance of at least 60 minutes, a height of 2 m and a length on either side of the storage facility of at least 2 metres as measured horizontally from the storage facility.

CC

Article 4.3(2) and the reference ‘1.’ before Article 4.3(1) shall be deleted.

DD

In table 4.6., Risk in accordance with the ADR class, the row '5.2 II and III –' shall be deleted.

EE


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

FF

The heading of Section 4.1.3.1 shall read as follows:

Section 4.1.3.1. Storage of substances in ADR Class 5.1 and substances of ADR Class 8, packaging groups II and III without additional hazard, semi-heavy oil, PER, polyester resins and other liquid soil-threatening substances other than hazardous substances, CMR substances, lubricating oil or used oil, in above-ground storage tanks.

GG


Article 4.131. In order to achieve a negligible soil risk and to prevent or reduce as far as possible any risks to the environment and the likelihood of unusual incidents occurring, as well as their consequences, as referred to in Article 4.6 of the Decree, any storage in above-ground storage tanks of semi-heavy oil, polyester resins, substances of ADR Class 8, packaging groups II and III without additional hazard, PER or substances of ADR Class 5.1, shall comply with Articles 4.14 to 4.19.2. In order to achieve a negligible soil risk as referred to in Article 4.6 of the Decree, any storage in above-ground storage tanks of liquid soil-threatening

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substances as referred to in Article 4.4a(e) and (f), of the Decree, shall comply with Article 4.18.3. In order to prevent, or reduce where prevention is not possible, any pollution of a surface water body, and to prevent or reduce as far as possible any risks to the environment and the likelihood of unusual incidents occurring, as well as their consequences, as referred to in Article 4.6 of the Decree, any storage in a tank located over a surface water body, of semi-heavy oil, substances of ADR Class 8, packaging group II and II, without additional hazard, PER, substances of ADR Class 5.1, polyester resins or other liquid soil-threatening substances, shall comply with Article 4.18a.

HH

In Article 4.14(1), (3) and (4), the phrase 'liquid fuel, used oil, substances of ADR Class 8, packaging groups II and III without additional hazard, PER and substances of ADR Class 5.1’ shall be replaced with: semi-heavy oil, polyester resins, substances of ADR Class 8, packaging groups II and III without additional hazard, PER or substances of ADR Class 5.1.

II


1. The first paragraph shall read as follows: 1. Stationary above-ground storage tanks with their associated pipes and

appendages for the storage of semi-heavy oil, polyester resins or substances of ADR Class 8 packaging group II and III without additional hazard, shall be constructed, installed and repaired or replaced in accordance with the norm document designated to that end under the Soil Quality Decree, by a person or agency appropriately accredited pursuant to such Decree.

2. In the second paragraph and the fifth paragraph (new), the phrase 'above-ground stationary storage tanks' shall be replaced with: stationary above-ground storage tanks.

3. In the fourth paragraph, the phrase ‘above-ground double-walled stationary storage tanks’ shall be replaced with: stationary above-ground double-walled storage tanks.

4. The fifth paragraph shall be deleted, while the sixth paragraph shall be renumbered to become the fifth paragraph.

JJ

In Article 4.16, the phrase ‘above-ground stationary storage tanks’ shall be replaced with: stationary above-ground storage tanks.

KK


Article 4.17

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Any storage of semi-heavy in mobile above-ground storage tanks, including their associated pipes and appendages, shall comply with Section 4.9 of PGS 30.

LL


5. No other hazardous substances shall be stored above the drip tray as referred to in the first paragraph if such substances can react with the substances in the above-ground storage tank.

MM


1. Articles 4.15, 4.16 and 4.18 shall not apply to above-ground storage tanks containing liquid hazardous substances or liquid soil-threatening substances that are not placed directly on the soil.

NN

A section shall be added after Article 4.21, with the following text:

Section 4.1.5. Use or storage of certain organic peroxides.

Article 4.22

1. In order to achieve a negligible soil risk and to prevent or reduce as far as possible any risks to the environment and the likelihood of unusual incidents occurring, as well as their consequences, as referred to in Article 4.9 of the Decree, any packaged storage of substances of ADR Class 5.2, Type C, as well as any use or packaged storage of substances of ADR Class 5.2, Types D to F, as referred to in Article 4.8 of the Decree, shall comply with Articles 4.23 to 4.27.2. In order to achieve a negligible soil risk as referred to in Article 4.9 of the Decree, any packaged storage of substances in ADR Class 5.2, Type C as well as any use or packaged storage of substances in ADR Class 5.2, Types D to F, as referred to in Article 4.8 of the Decree, shall comply with Articles 4.23, 4.26 and 4.27.

Article 4.23

1. Any packaged storage of substances in ADR Class 5.2, Types D to F, shall comply at least with the provisions of headings 4, 7 and 10 and requirements 8.1.3 to 8.1.7, 8.1.9 to 8.1.19 and 8.2.5 of PGS 8.2. Without prejudice to the first paragraph, any packaged storage of substances of ADR Class 5.2, Types D to F, in quantities of less than 30 kilograms, shall take place in a storage facility which complies at least with requirements 5.4.1, 5.4.3 to 5.4.6, 5.4.8 to 5.4.10 and 5.4.12 of PGS 8. 3. Without prejudice to the first paragraph, any packaged storage of substances of ADR Class 5.2, Types D to F, in quantities of 30 kilograms or more but less than

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150 kilograms, shall take place in a storage facility which complies at least with requirements 5.5.1 to 5.5.8 and 5.5.11 to 5.5.13 of PGS 8.4. Without prejudice to the first paragraph, any packaged storage of substances of ADR Class 5.2, Types D to F, in quantities of 150 kilograms or more but less than 1000 kilograms, shall take place in a storage facility which complies at least with requirements 5.6.1 to 5.6.11 and 5.6.15 to 5.6.19 of PGS 8.5. Notwithstanding the second to fourth paragraphs, a daily supply or dispensing room where substances of ADR Class 5.2 are kept for a maximum of 72 hours, shall comply with requirements 5.8.2 to 5.8.11 and 5.8.14 to 5.8.16 of PGS 8.

Article 4.24

1. A daily supply or dispensing room where substances of ADR Class 5.2 are kept for a maximum of 72 hours, as well as any packaged storage of substances of ADR Class 5.2, Types D to F in quantities of 150 kilograms or more, shall be constructed so as to minimise the risk of fire spread, in accordance with Chapter 7 of PGS 8.2. The first paragraph shall at least be deemed as fulfilled if:a. the distance between the storage facility and internal objects where people are

located is at least 10 metres; and b. the distance to internal objects where people are not normally located, is at

least 5 metres.

Article 4.25

1. Article 4.23 shall not apply to substances of ADR Class 5.2, Types D, E and F, for which the ADR does not require temperature control, if such substances are stored in quantities not exceeding 1000 kilograms per storage facility, packaged as LQ and in a facility constructed in accordance with the requirements of Sections 3.1, 3.2, with the exception of requirement 3.2.1.6, and of Sections 2.4, 3.8 to 3.20, requirement 3.21.1, Section 3.23 and Section 9.2 of PGS 15.2. Substances of ADR Class 5.2, Type C, for which the ADR does not require temperature control, shall be stored in quantities not exceeding 1000 kilograms per storage facility, packaged as LQ and in a facility constructed in accordance with requirement 3.21.1 and the requirements of Sections 3.1, 3.2 with the exception of requirement 3.2.1.6, 3.4, 3.8 to 3.20, 3.23 and 9.2 of PGS 15.

Article 4.26

1. Any use of substances of ADR Class 5.2, Types D to F, shall comply with requirements 8.1.4, 8.1.16 to 8.1.19 and 8.2.5 of PGS 8.2. Any use of liquid substances in ADR Class 5.2, Types D to F, shall take place over a liquid-proof floor or paving.3. Any use of solid substances in ADR Class 5.2, Types D to F, shall take place over a soil-protective device.4. If the working supply comprises more than 25 litres of substances of ADR Class 5.2 Types D to F that are both liquid and flammable, then such working supply shall be located over a drip tray.

Article 4.27

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1. Any packaging of substances in ADR Class 5.2 shall be able to withstand normal treatment and shall be such that none of the contents can escape from the packaging unintended.2. Any packaged storage of substances of ADR Class 5.2, Types C to F shall take place over a soil-protective device.

OO

Section 4.1.6. and Subchapter 4.2. shall be deleted.

PP


Subchapter 4.3. Activities with wood or cork.

QQ

In Articles 4.38(1), 4.40(2), 4.84a(1), sub c, 4.102a(1), 4.102i(1), and 4.104a(1), each occurrence of the phrase ‘total dust’ shall be replaced with: dust class S.

RR


Section 4.3.2. Cleaning, coating or gluing wood or cork or objects made of wood, cork or ligneous materials.

SS

In Article 4.40(1)(a) and (c), and (2), Article 4.41(a), Article 4.42(a) and Article 4.43, each occurrence of the phrase ‘coating and gluing’ shall be replaced with: coating or gluing.

TT


Subchapter 4.4. Activities related to rubber or plastic.

UU

Section 4.4.1. shall read as follows:

Section 4.4.1. Mechanical operations on rubber, plastic or products made of rubber or plastic

Article 4.44

1. In order to prevent, or reduce as far as possible, diffuse emissions as referred to in Article 4.27a(2) of the Decree, any dust of class S produced by mechanical

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operations on rubber, plastics or products made of rubber or plastics, shall be effectively suctioned off at the source to the extent reasonably practicable.2. For an effective dispersal of emissions into the ambient air as referred to in Article 4.27a(2) of the Decree, the suctioned-off emissions produced by mechanical operations on rubber, plastics or products made of rubber or plastics and released into the ambient air shall be disposed of above the roof and upwards if there is a sensitive building within 50 metres from any emission point, with the exception of sensitive buildings within zoned industrial estates and business parks with fewer than one sensitive building per hectare.3. To protect air quality in accordance with the NeR, the competent authority may issue specific requirements for the location and construction of the point of discharge of the emissions into the ambient air as referred to in the second paragraph.

Article 4.45

Article 4.27a(1) of the Decree shall be considered fulfilled in any case if:a. the suctioned-off dust emissions from mechanical operations on rubber, plastics or products made of rubber or plastics are passed through a filtering separator meeting the requirements of Article 4.27a(1) of the Decree; andb. the filtering separator is in a good state of repair, is regularly inspected and is cleaned or replaced as frequently as necessary for proper operation.

Article 4.45a

In order to achieve a negligible soil risk as referred to in Article 4.27b of the Decree, any shredding of rubber, plastics or products made of rubber or plastics which uses a system with an oil or coolant circuit shall take place over a soil-protective device.

VV


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

WW


1. The first paragraph shall be amended as follows: a. The phrase 'In order to prevent diffuse emissions or reduce them as far as

possible' shall be replaced with: In order to prevent diffuse emissions as referred to in Article 4.31 of the Decree or reduce them as far as possible.

Each occurrence of the phrase 'cleaning, coating and gluing’ shall be replaced with: cleaning, coating or gluing.

2. In the second paragraph, the phrase 'In order to prevent dust pollution or reduce it to acceptable levels, emissions of total dust are' shall be replaced with: In order to prevent dust pollution as referred to in Article 4.31 of the Decree or reduce it to acceptable levels, emissions of dust class S are.

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3. In the third paragraph, the phrase ‘To ensure effective dispersal of emissions into the ambient air’ shall be replaced with: To ensure effective dispersal of emissions into the ambient air as referred to in Article 4.31 of the Decree.

4. In the fourth paragraph, the phrase 'In order to prevent odour pollution or reduce it to acceptable levels' shall be replaced with: In order to prevent odour pollution as referred to in Article 4.31 of the Decree or to reduce it to acceptable levels.

XX

Article 4.47, sub a, shall be amended as follows:

1. ‘coating and gluing’ shall be replaced with: coating or gluing.

2. ‘plastics or plastic products’ shall be replaced with: of rubber, plastics or products made of rubber or plastics.

YY




ZZ


1. The phrase ‘In order to achieve a negligible soil risk’ shall be replaced with: In order to achieve a negligible soil risk as referred to in Article 4.31 of the Decree.



AAA

In Section 4.4, an Article shall be added after Article 4.49, with the following text:

Section 4.4.3. Weighing or mixing rubber compounds or processing rubber, thermoplastics or polyester resins

Article 4.49a

1. For the prevention, or reduction as far as possible where prevention is not possible, of diffuse emissions as referred to in Article 4.31b(4) of the Decree, any dust of class S produced in weighing or mixing rubber compounds shall be effectively suctioned off at the source to the extent reasonably practicable.

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2. For an effective dispersal of emissions into the ambient air as referred to in Article 4.31b(4) of the Decree, any emissions produced in the weighing or mixing of rubber compounds as well as any processing of rubber, thermoplastics or polyester resins, to the extent that they are suctioned off, shall be disposed of into the ambient air above the roof and upwards if there is a sensitive building within 50 metres from any emission point, with the exception of sensitive buildings within zoned industrial estates and business parks with fewer than one sensitive building per hectare.3. To protect air quality in accordance with the NeR, the competent authority may issue specific requirements for the location and construction of the point of discharge of emissions into the ambient air as referred to in the second paragraph.

Article 4.49b

Article 4.31b(1) of the Decree shall be considered fulfilled in any case if:a. the suctioned-off dust emissions from weighing or mixing rubber compounds are passed through a filtering separator meeting the requirements of Article 4.31b(1) of the Decree; andb. the filtering separator is in a good state of repair, is regularly inspected and is cleaned or replaced as frequently as necessary for proper operation.

Article 4.49c

1. Substances as referred to in Article 4.31b(2) of the Decree that are used in mixing rubber compounds or processing rubber or thermoplastics, and which are at least subject to a minimisation requirement, are:a. benzyl butyl phthalate (BBP);b. dibutyl phthalate (DBP);c. di-ethyl hexyl phthalate (DEHP);d. di-isobutyl phthalate (DIBP).2. The substances referred to in the first paragraph are fully subject to the provisions of the EC Regulation on Registration, Evaluation and Authorisation of Chemicals.

Article 4.49d

1. In order to prevent odour pollution as referred to in Article 4.31c of the Decree, or reduce it to acceptable levels where prevention is not possible, the operator of a facility shall take the following emission-reducing measures with respect to styrene, unless they are not cost-effective or not technically feasible:a. use of resins with additives reducing evaporation of styrene during curing;b. use of resins with reduced styrene content; c. use of resins in which styrene has been partially replaced with dicyclopentadiene; d. spraying methods not using pressurized air;e. use of a low-pressure polyester resin application system; f. switching to a closed cast system; g. switching to a vacuum film system; h. covering buckets and containers; i. use of closed pipe systems for solvents and resins; j. use of a downstream technology such as cryo-condensation, thermal or catalytic after-burning, a bioreactor or an oxygen-radical generator.

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2. The first paragraph shall not apply if the operator of the facility demonstrates that the odour pollution does not exceed acceptable levels, or that the potential effect of the styrene emission is limited to a zoned industrial estate or a business park with less than one odour-sensitive object per hectare.3. In the processing of polyester resins, if the odour pollution is found to exceed acceptable levels despite the measures as referred to in the first paragraph, the competent authority may issue specific requirements, subject to the NeR, for: a. refraining from outdoor processing of polyester resins, b. the placement of the discharge pipe, c. preventing or reducing diffuse emissions; or d. restricting occasional peak odour levels to specific times.4. In the processing of polyester resins, if the odour pollution is found to exceed acceptable levels despite the measures as referred to in the first paragraph, and the competences as referred to in the third paragraph are not sufficient to remedy the violation, the competent authority may issue specific requirements, subject to the NeR, specifying that a deodorisation system be installed or that the suctioned-off vapours and gases from the processing of polyester resins be discharged at a greater height.

Article 4.49e

1. In order to achieve a negligible soil risk as referred to in Article 4.31d of the Decree:

a. weighing or mixing of rubber compounds; b. processing of rubber or thermoplastics using an installation with an oil or coolant circuit, orc. processing of polyester resins or cleaning the equipment used for such processing shall take place over a soil-protective device. 2. When constructing the soil-protective device for mixing rubber compounds as referred to in the first paragraph, sub a, special attention shall be paid to the supply inlets and draining outlets of the mixing installation.

BBB


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

CCC

After the heading of Section 4.5.2., a new Article shall be inserted with the following text:

Article 4.54a

For welding of metals, the following classification as referred to in Article 4.40(2) of the Decree shall be used: a. Class I and II:- TIG welding, plasma welding, pressure welding, autogenous welding and powder welding of all materials except for painted materials.b. Class III:

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- Welding with coated electrodes, of all materials with the exception of corrosion-resistant steel, beryllium and vanadium alloys, but with the exception of painted materials;- MAG welding with filled wire, of all materials with the exception of corrosion-

resistant steel and painted materials;- MIG/MAG welding with solid wire, of all materials with the exception of copper,

beryllium and vanadium alloys, and with the exception of painted materials. c. Class IV:Welding of painted materials (with the exception of red lead) using one of the

following methods:- TIG welding (with the exception of aluminium), plasma welding, pressure welding, autogenous welding, powder welding;- Welding with coated electrodes, MAG welding with filled wire, and MIG/MAG

welding with solid wire. d. Class V, VI and VII:- Welding with coated electrodes, of the following materials: corrosion-resistant

steel, vanadium alloys and beryllium alloys;- MAG welding with filled wire, of the following materials: corrosion-resistant steel;- Welding with alloy electrode or with alloy filled wire;- MIG welding with filled wire or solid wire, of the following materials: copper alloys

and beryllium and vanadium alloys;- Welding with filled wire, of the following materials: non-alloy and alloy steel;- Welding of the following materials: painted steel with red lead.

DDD


Section 4.5.5. Cleaning, gluing or coating of metals.

EEE

After Article 4.65, an Article shall be inserted with the following text:

Article 4.65a

1. With respect to breaming of metals using an electric furnace, Article 4.54a(3) of the Decree shall be considered fulfilled in any case if the vapours suctioned off from the furnace are treated and fed back into the furnace by means of condensation or absorption, without emissions into the ambient air.2. With respect to breaming of metals using a gas-fuelled furnace with a capacity of less than 5 tons of product to be cleaned, Article 4.54a(3) of the Decree shall be considered fulfilled in any case if: a. the exhaust gases from the furnace are passed through an after-burner meeting the requirements of Article 4.54a(3), which has been configured such that:1° the temperature is at least 850°C until the end of the cycle;2°. the after-burner has reached its operating temperature before burning begins;3°. the retention time of the exhaust gases is at least two seconds, and4°. the emission concentration of carbon monoxide does not exceed 100 milligrams per normalised cubic metre; b. the exhaust gases can only be discharged from the furnace through the after-burner;

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c. the temperature of the furnace and after-burner is recorded continuously over time, andd. the furnace and after-burner are in a good state of repair, are periodically inspected and are cleaned and replaced as frequently as necessary for effective operation.3. With respect to breaming of metals using a gas-fuelled furnace with a capacity of 5 tons or more of product to be cleaned, Article 4.54a(3) of the Decree shall be considered fulfilled in any case if:a. the exhaust gases from the furnace are passed through an after-burner meeting the requirements of Article 4.54a(3), which has been configured such that:1° the temperature is at least 850°C until the end of the cycle;2° II. the after-burner has reached its operating temperature before burning begins;3°. the retention time of the exhaust gases is at least two seconds, and4°. the emission concentration of carbon monoxide does not exceed 100 milligrams per normalised cubic metre;b. the exhaust gases can only be discharged from the furnace through the after-burner;c. the oxygen content of the exhaust gases after passing the after-burner is at least 6 %;d. safety devices are in place to ensure that breaming cannot start when the after-burner does not operate, and that the after-burner cannot be deactivated when the furnace is in operation; e. the maximum load of the furnace has been determined and cannot be exceeded;f. the after-burning time of the after-burner has been set to a value determined in a control measurement at maximum load, which is sufficient to burn all vapours at maximum load;g. the temperature of the furnace and after-burner is recorded continuously over time;h. the oxygen and carbon monoxide content of the exhaust gases is measured and recorded continuously, andi. the furnace and after-burner are in a good state of repair, are inspected at least once every twelve months, and are cleaned and replaced as frequently as necessary for effective operation.

FFF


Section 4.5.7. Staining or etching metals.

GGG


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

HHH

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In the heading of Subchapter 4.5a, in the headings of Sections 4.5a.1 and 4.5a.3, and in Articles 4.84a, 4.84b, 4.84c, 4.84d, 4.84e, and 4.84f, each occurrence of the phrase 'natural stone or brick' shall be replaced with: stone.

IIII

The heading of Section 4.5a.2 shall read as follows:

Section 4.5a.2. Application of glues, resins or coatings to stone.

JJJ

After Article 4.84f, three sections shall be inserted in Subchapter 4.5a, with the following text:

Section 4.5a.4. Production of concrete mortar

Article 4.84g

1. In order to prevent diffuse emissions or reduce them as far as possible, as well as for an effective dispersal of emissions into the ambient air as referred to in Article 4.74j(3) of the Decree, the emissions produced by dosing and mixing for the production of concrete mortar and released into the ambient air shall be disposed of above the roof and upwards if there is a sensitive building within 50 metres from any emission point, with the exception of sensitive buildings within zoned industrial estates and business parks with fewer than one sensitive building per hectare.2. To protect air quality in accordance with the NeR, the competent authority may issue specific requirements for the location and construction of the point of discharge of the emissions into the ambient air.

Article 4.84h

In dosing and mixing for the production of concrete mortar, Article 4.74j(2) of the Decree shall be considered fulfilled in any case if the air exiting from outlet vents is passed through a filtering separator which is in a good state of repair, is periodically inspected and is cleaned and replaced as frequently as necessary for effective operation.

Section 4.5a.5. Forming concrete products

Article 4.84i

1. In implementation of Article 4.74o(1) of the Decree, the operator of a facility when applying stripping agents to formwork shall use:a. operational measures to prevent unnecessary emissions of volatile organic compounds;b. low-solvent products and efficient application methods.2. If the emission reducing measures as referred to in the first paragraph have not been taken or to an insufficient extent, the competent authority may require a justification of the absences of such measures. Such justification shall include the cost-effectiveness and technical feasibility of the measures.

Article 4.84j38

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In order to achieve a negligible soil risk as referred to in Article 4.74p of the Decree:a. the application of stripping agents to formwork,b. the scalding of concrete, shall take place over a liquid-proof floor or paving or a drip tray.

Section 4.5a.6. Crushing stony materials

Article 4.84k

In outdoor crushing of stony materials, Article 4.74r of the Decree shall be considered fulfilled in any case if the crushed material is kept moist through spraying and the dosing of the spraying water is adjusted to the requirements such that no wastewater is produced.

Article 4.84l

In indoor crushing of stony materials, Article 4.74s(1) of the Decree shall be considered fulfilled in any case if the air exiting from outlet vents is passed through a filtering separator which is in a good state of repair, is periodically inspected and is cleaned and replaced as frequently as necessary for effective operation.

Article 4.84m

1. In order to prevent diffuse emissions or reduce them as far as possible, as well as for an effective dispersal of emissions into the ambient air as referred to in Article 4.74s of the Decree, the emissions as referred to in Article 4.74s(2) of the Decree that are produced by indoor crushing of stony materials and released into the ambient air shall be disposed of above the roof and upwards if there is a sensitive building within 50 metres from any emission point, with the exception of sensitive buildings within zoned industrial estates and business parks with fewer than one sensitive building per hectare.2. To protect air quality in accordance with the NeR, the competent authority may issue specific requirements for the location and construction of the point of discharge of the emissions into the ambient air as referred to in the Article 4.74s(2) of the Decree.

KKK

Section 4.6.1. shall be deleted.

LLL


Section 4.6.3. Deliveries of liquid fuel or compressed natural gas other than to road motor vehicles, vessels or railway vehicles.

MMM

In Article 4.88(1), the phrase 'Articles 4.90 to 4.93' shall be replaced with: Articles 4.91 to 4.93.

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NNN

in Articles 4.88(1) and (2), 4.91, 4.92(1), 4.92a(1), 4.92b(1), 4.93 and 4.94(1) and (3), the following shall be inserted after each occurrence of the phrase 'road motor vehicles': , railway vehicles.

OOO


Section 4.6.4. Maintenance or repair of engines, motor vehicles, railway vehicles or other motorised equipment or test runs of combustion engines.

PPP

In Articles 4.95(1), and 4.96(1), the following shall be inserted after each occurrence of the word ‘motor vehicles’: , railway vehicles.

QQQ

In Article 4.97, the phrase 'repair or treatment of the surface' shall be replaced with 'maintenance, repair or treatment of the surface' and the following shall be inserted after the word ‘motor vehicles’: railway vehicles.

RRR


Section 4.6.5. Maintenance, repair or hosing of pleasure craft.

SSS


Subchapter 4.7. Activities related to printing processes

TTT

In Subchapter 4.7., two sections shall be inserted after Article 4.102e with the following text, renumbering Sections 4.7.1b. to 4.7.5. as Sections 4.7a.1. to 4.7a.5.:

Section 4.7.1b. Web-fed offset printing

Article 4.102ea

1. For the prevention, or reduction as far as possible where prevention is not possible, of diffuse emissions as referred to in Article 4.94de of the Decree, any gases and vapours released during heatset drying shall be effectively suctioned off at the source to the extent reasonably practicable. 2. In order to prevent odour pollution as referred to in Article 4.94de of the Decree

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or reduce it to acceptable levels where prevention is not possible, any suctioned-off gases and vapours released into the ambient air shall be discharged at least two metres above the highest roof line of any buildings located within 25 metres of the outlet.3. The second paragraph shall not apply if the possible effect of the odour emission of the escaping air from an exhaust installation is limited to a zoned industrial park or a business park with less than one odour-sensitive object per hectare.4. If the odour pollution is found to exceed acceptable levels due to insufficient dispersal of suctioned-off vapours or gases, absent disposal of odour emissions through the suctioning system, or occasional peaks in the odour levels, the competent authority may supplement the second paragraph with specific requirements, in accordance with the NeR, for:a. the location of the discharge pipe;b. the prevention or limitation of diffuse odour emissions; orc. restricting occasional peak odour levels to specific times. 5. Notwithstanding the first paragraph, if the odour pollution is found to exceed acceptable levels and the competences as referred to in the fourth paragraph are not sufficient to remedy the violation in accordance with the NeR, the competent authority may issue specific requirements specifying that a deodorisation system be installed or that the suctioned-off vapours and gases be discharged at a greater height.

Article 4.102eb

In order to achieve a negligible soil risk as referred to in Article 4.94de of the Decree in web-fed offset printing, any processing of inks, thinners, cleaning agents and additives shall take place over a soil-protective device.

Section 4.7.1c. Flexography or intaglio

Article 4.102ec

1. In order to prevent diffuse emissions as referred to in Article 4.94di of the Decree or reduce them as far as possible, any gases and vapours released from:a. the mixing of solvent-containing ink and paint;b. printing presses, finishing and laminating machines;c. distilling solvent residues, ord. rinsing the packaging of solvent-containing ink, paint or glueshall be effectively suctioned-off at the source to the extent reasonably practicable. 2. In order to prevent odour pollution as referred to in Article 4.94di of the Decree or reduce it to acceptable levels where prevention is not possible, any suctioned-off gases and vapours that are discharged into the ambient air:a. shall be discharged at a distance of at least 2 metres above the highest roofline of buildings located within 25 metres from the outlet; orb. shall be passed through an effective deodorisation system.3. The second paragraph shall not apply if the possible effect of the odour emission of the escaping air from an exhaust installation is limited to a zoned industrial park or a business park with less than one odour-sensitive object per hectare.4. If the odour pollution is found to exceed acceptable levels due to poor performance of the deodorisation system, insufficient dispersal of suctioned-off

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vapours, absent disposal of odour emissions through the suctioning system, or occasional peaks in the odour levels, the competent authority may supplement the second paragraph with specific requirements, in accordance with the NeR, for:a. the design and maintenance of a deodorisation system;b. the location of the discharge pipe;c. the prevention or reduction of diffuse odour emissions; ord. restricting occasional peak odour levels to specific times. 5. Notwithstanding the first paragraph, if the odour pollution is found to exceed acceptable levels and the competences as referred to in the fourth paragraph are not sufficient to remedy the violation in accordance with the NeR, the competent authority may issue specific requirements specifying that a deodorisation system be installed or that the suctioned-off vapours and gases be discharged at a greater height.

Article 4.102ed

1. In order to achieve a negligible soil risk as referred to in Article 4.94di of the Decree in intaglio printing:a. any printing, finishing or laminating;b. any mixing of water-based ink or finish, or c. any rinsing of the packaging of water-based ink, finish or glue shall take place over a soil-protective device.2. In order to achieve a negligible soil risk as referred to in Article 4.94di of the Decree in flexography:a. the mixing of solvent-containing ink and paint;b. distilling solvent residues, orc. rinsing the packaging of solvent-containing ink, paint or glueplace above a liquid-proof floor or device.

Article 4.102ef

In order to prevent or reduce as far as possible any risks to the environment and the likelihood of unusual incidents occurring, as well as their consequences, as referred to in Article 4.94di of the Decree, any solvents used in intaglio printing shall take place in a fire compartment. Such fire compartment shall not be used to store or handle hazardous substances or flammable goods, with the exception of storage or handling for purposes of distilling.

UUU

A subchapter shall be inserted after Article 4.102ef with the following text:

Subchapter 4.7a. Activities related to paper, cardboard or textiles.

VVV

The heading of Section 4.7a.1 (new) shall read as follows:

Section 4.7a.1. Processing, gluing, coating or laminating paper or cardboard.

WWW

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The heading of Section 4.7a0.3 (new) shall read as follows:

Section 4.7a.3. Mechanical operations on or processing of textiles.

XXX

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

Section 4.7a.5. Gluing or coating textiles.

YYY

Sections 4.8.2, 4.8.3, 4.8.4, 4.8.6. and 4.8.7. shall be deleted.

ZZZ


Section 4.8.5. Operating a battery charger.

AAAA


Section 4.8.8. Operating a crematorium or using a garden of rest

BBBB

After Article 6.5h, an Article shall be inserted with the following text:

Article 6.5ha

1. Above-ground stationary storage tanks with gas oil or used oil installed prior to 1 January 2000 shall not be subject until 1 January 2015 to the following requirements as referred to in Article 3.71d(1) and (2): 4.2.6 on certified overfill protection, 4.3.1 on installation certificates, 4.3.2 on structural requirements for collection basins, 4.5.2 of PGS 30, and Article 3.71(6).2. Without prejudice to the first paragraph, above-ground stationary storage tanks with liquid fuels or used oil, located within an establishment where activities of a primarily or exclusively agricultural nature are undertaken, that was installed between 1 January 2000 and 1 January 2007, shall not be subject until 1 January 2015 to Article 3.71d(1) nor to the following requirements as contained in Article 3.71d(2): 4.2.6 on certified overfill protection, 4.3.1 on installation certificates, 4.3.2 on structural requirements for collection basins, 4.5.2 of PGS 30, and Article 3.71d(6).3. Article 3.71d(3) shall not apply to above-ground storage tanks installed prior to the coming into effect of this Decree that are not placed directly on the soil.

CCCC

After Article 6.5i, an Article shall be inserted with the following text:

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Article 6.5j

1. Article 3.114(4) to (6) shall not apply until 1 October 2012 to facilities for which a permit was in effect and final immediately prior to the entry into force of Article 3.114, which permit did not require a device as referred to in Article 3.114(4).2. Notwithstanding Article 3.114(4) to (6), the requirements of a permit relating to the prevention, or reduction where prevention is not possible, of the burden on the soil, as well as to the unsafe zone, shall continue to apply until 1 October 2012 to facilities as referred to in the first paragraph.

DDDD


1. In the first paragraph:a. The phrase 'Article 1.4(1), (2) or (3), of the Decree’ shall be replaced with: this

Decree or part thereof, to an activity. b. The phrase ‘3.63(1)’ shall be replaced with: 3.27j(1);c. after ‘4.84a(3)’, the following shall be inserted: 4.84g(1), 4.84m(1).

2. In the second paragraph:a. The phrase ‘3.63(2)’ shall be replaced with: 3.27j(2);b. after ‘4.84a(3)’, the following shall be inserted: 4.84g(1), 4.84m(1);

EEEE


1. The first paragraph shall be amended as follows:a. The phrase 'Article 1.4(1), (2) or (3), of the Decree’ shall be replaced with: this

Decree or part thereof, to an activity.b. the phrase ‘Articles 4.40(4), 4.46(4), 4.64(4), 4.68(6), 4.84c(2), 4.85, 4.100(1),

4.102c(2), 4.102f(2), 4.104d(2), 4.107(1), and 4.108(1)’ shall be replaced with: Articles 3.27l, 3.103(1), 3.104(1), 4.40(4), 4.46(4), 4.64(4), 4.68(6), 4.84c(2), 4.100(1), 4.102c(2), 4.102f(2), and 4.104d(2).

2. In the second paragraph, the phrase ‘Articles 4.40(7) and (8), 4.46(7) and (8), 4.64(7) and (8), 4.68(8) and (9), 4.84c(4) and (5), 4.100(3) 4.102c(4), 4.102f(4) and (5), 4.104d(4) and (5), 4.107(4), and 4.108(2) and (3)’ shall be replaced with: Articles 3.103(4), 3.104(2) and (3), 4.40(7) and (8), 4.46(7) and (8), 4.64(7) and (8), 4.68(8) and (9), 4.84c(4) and (5), 4.100(3) 4.102c(4), 4.102f(4) and (5), and 4.104d(4) and (5).

3. In the third paragraph the phrase ‘Article 4.107(1)’ shall be replaced with: 3.103(1). FFFF


1. The first and fifth paragraphs shall be deleted, and the second to fourth paragraphs shall be renumbered as the first to third paragraphs.

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2. In the second paragraph (new), the phrase ‘4.15(6)’ shall be replaced with: 4.15(5).

3. In the third paragraph (new), the phrase ‘4.15(6)’ shall be replaced with: 4.15(5).

GGGG

After Article 6.11, an Article shall be inserted with the following text:

Article 6.11aa

1. Article 4.84j, preamble and sub a, shall not apply to facilities for which a permit was in effect and final immediately prior to the entry into force of Article 4.84j, which requires other soil-protective devices or soil-protective measures which serve to achieve a negligible soil risk during the application of stripping agents.2. Notwithstanding Article 4.84j, preamble and sub a, the requirements of the permit will continue to apply to facilities as referred to in the first paragraph in order to achieve a negligible soil risk when applying stripping agents to formwork.

HHHH

Article 6.11b shall be deleted.

IIII

Article 6.15(3), second sentence shall read as follows: Subchapter 2.2 and Annex 1 shall enter into force with effect from 1 January 2014.

JJJJ

After Annex 6, an Annex shall be inserted with the following text:

Annex 7 to the Activities Regulation

Indoor Shooting Ranges Measuring Instruction

Objective of the Measuring InstructionThe objective of the Indoor Shooting Ranges Measuring Instruction is to determine the noise emissions due to shooting noises around a civil indoor shooting facility at the façades of noise-sensitive objects located in the vicinity or in enclosed or adjacent buildings.

Shooting and impulse noises in existing requirementsThe Industrial Noise Measurement and Calculation Manual (1999) states that it does not apply to shooting noise. For surveying and assessing shooting noise, see the Shooting Noise Circular (original version 1979).In the Shooting Noise Circular, assessments of shooting noise are based on two aspects: the ‘Lknal’ level of a single shot, and the average noise level over a period of one hour (taking account of the number of shots fired). However, the Circular applies specifically to outdoor shooting facilities. In addition, the Circular requires the use of Lknal values, where the measurements are to be carried out in the ‘impulse’ and ‘A-weighted’ positions, with associated dB(A, imp) values.

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However, the international standard for noise meters, IEC 61672:2003, now requires exclusively ‘fast’ and ‘slow’ time-weighting, concluding that ‘impulse’ weighting is not suitable for impulse noise. Any reference in this norm to the impulse meter reading is included for historic reasons only.There is accordingly no prescribed measurement method for calculating the criterion values for shooting noise from indoor shooting ranges. This gap is filled by this new measuring instruction.

Criterion values for shooting noise from indoor shooting rangesThe Activities Decree uses two criteria for assessments of noise from shooting ranges: The long-term average assessment levels (LAr,LT) and the maximum noise level (LAmax) for three assessment periods: the day, evening and night periods.The measurement and calculation of the long-term average assessment levels (LAr,LT) shall be based on the A-weighted noise exposure level LAE of a single shot (see ISO17201). The equivalent noise level LAeq of a weapon type relates to the noise exposure level LAE as:LAeq = LAE – 10log(T) + 10log(N) (1)whereLAE the noise exposure level of the weapon type;T the duration of the assessment period in seconds;N the number of shots fired during the assessment period.

The LAmax level is the maximum A-weighted noise level of a single shot, measured in the ‘Fast’ meter position.Four different categories are distinguished for the weapon types used at indoor shooting ranges:1) SCP: small-calibre pistol (up to.22 / 5.6 mm);2) SCR: small-calibre rifle (up to.22 / 5.6 mm);3) LCP: large-calibre pistol (larger than.22 / 5.6 mm);4) LCR: large-calibre rifle (larger than.22 / 5.6 mm);Depending on operational circumstances, a single representative weapon is defined for the different relevant assessment periods in each category. This is described in the following chapter.The long-term average assessment level (LAr,LT) for the various relevant assessment periods is calculated using the formula below. Similarly to Section 7.3.2 of the Industrial Noise Measurement and Calculation Manual, a 5 dB surplus K2 is applied for the pulse-like shooting noise:

- 10*logT + 5 (2)Here,Ncat ` The total number of shots fired per year in each category during the relevant assessment period (day, evening, night), i.e. not only the shots fired from the representative weapon type in the relevant category;LAE,cat The average measured noise exposure level for the representative weapon;T The number of seconds in the relevant assessment period (for the daytime period

from 07:00 to 19:00, this is 365x3 600×12 = 15 768 000 seconds).Other noise produced by the facility (devices such as fans) is added on the following basis:LAr ,<¿=10 log (100,1∗L schiet+100,1∗Loverig )¿ (3)

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Where: Lschiet is the LAr,LT of the shooting noise;Loverig is the LAr,LT of the other noise from the facility.

Acoustically representative operational circumstancesThe typical representative assessment period for the noise situation at the shooting facility has been defined as one calendar year.The representative use in numbers of shots is divided among the aforementioned four weapon categories. A representative weapon type is also defined for each category.

A representative weapon is defined as the weapon that produces the highest noise levels within a given category. This is defined as the weapon within the category with: the largest bore; the highest propulsive charge weight; the highest bullet exit velocity; and the shortest barrel. The weapon which based on the above should be expected to produce the highest noise emission, and which in the representative operational circumstances is associated with more than 5 % of the number of shots fired in the relevant category, shall be designated as the representative weapon.

Calculation of assessment criteriaThe noise emission of a weapon category, expressed in terms of the A-weighted noise exposure level, is calculated from measurements of the weapon type that is representative for the given weapon category. The long-term average assessment levels (LAr,LT) for the various assessment periods are then determined using formula (2).The maximum noise level (LAmax) is determined as the highest measured LAmax level of any of the four representative weapons.If the indoor shooting facility has a number of ranges, the above method must be followed for each individual range. The long-term average assessment level is then determined as the energy-related sum of the assessment levels of the individual ranges. The maximum noise level is then determined as the highest level of the levels of the individual ranges.If the facility produces noise other than shooting noise, such noise shall be added using formula (3). The assessment period for this noise is also one year.

Measurement of noise emissions

Indicative measurementsIndicative measurements may be carried out initially at the façade of sensitive buildings or in enclosed and adjacent sensitive buildings. These serve to assess whether any eventual measurements at the sensitive object can be made reliably, and which are the relevant shooting positions.An indicative measurement is made by reading the variation in LAmax levels from the noise level meter before, during and after a series of 3 shots. If the level of the measurements with shooting noise is at least 5 dB more than without shooting noise, then LAE and LAmax measurements can be made reliably. Direct communication with the shooter is important to correctly set the timing of measurements. It is important to make these indicative measurements with a minimum of background noise.If the above difference is less than 5 dB, measurements can still be made, but they will not be reliable, and will give only an upper limit to the noise levels produced. However, the noise from these situations is not expected to produce hindrance.

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MeasurementsAt the façade of sensitive buildings, or in enclosed and adjacent sensitive buildings, the LAE and LAmax levels are measured for each of the four representative weapon types. For determining the locations of measurement, please see Section 3.7 of the Industrial Noise Measurement and Calculation Manual. Because of the short duration of the shooting noise, as well as the possible variation in the levels of consecutive shots, at least 5 shots from each representative weapon type must be measured for each position. If the standard deviation of the energy-relative average of the LAE measurements (standard deviation of the measured noise levels, divided by √(N- 1)) is higher than 1 dB, the number of shots should be increased until the standard deviation is less than 1 dB.The incoming noise level is the relevant level for the assessment. If the point of measurement is located immediately in front of a façade, the incoming noise level should be adjusted with the façade adjustment term Cg as defined in the Industrial Noise Measurement and Calculation Manual.Measurements should be carried out for shooting positions in the centre of the range, as well as for all other relevant shooting positions relative to the stop butt. It is possible that acoustic leakage through the ventilation system causes measured noise levels to be higher when the shooter is closer to the stop butt. To determine the long-term average assessment levels, the measured noise exposure levels in each measurement location and shooting location shall be averaged in terms of energy. If measurements have been made for different shooting positions in a given assessment location, then the calculation of the long-term average assessment level shall be based only on the measurements from the shooting position that produced the highest average noise exposure level.Also, the LAeq level of the background noise shall be determined for each measurement location, for a duration of at least 1 minute during the quietest possible period.Measuring shooting noise requires specific expertise, paying special attention to the dynamic range of the measuring system, the effects of background noise levels, and the weather conditions on the transmission path from the shooting facility to a noise-sensitive object. With respect to wind direction, the requirements of Section 3.5.5 of the Industrial Noise Measurement and Calculation Manual shall apply. If the distance from the facility to a particular measurement location is less than 50 metres, measurements need not take account of weather conditions. The wind speed at 10 m altitude should be less than 5 m/s in all cases.

EquipmentMeasurements shall be carried out with a Type 1 noise level meter as defined in IEC 61672. In addition, it is recommended that the noise meter used meets the additional requirements for measuring pulse noise as defined in the same norm. Some older noise meters determine the noise exposure level by integrating a small number of samples from the broadband instantaneous noise level. For this type of noise level meter, the sampling interval should be smaller than or equal to 100 ηs.

References• Industrial Noise Measurement and Calculation Manual [Handleiding meten en rekenen industrielawaai], 1999;• IEC 61672:2003;• ISO 17201-1:2005/Cor 1:2009, Acoustics, Noise from shooting ranges, Part 1: Determination of muzzle blast by measurement.

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ARTICLE II

The Type Inspection Regulation for Air Pollution through Nitrogen Oxides from Heaters [Typekeuringsregeling verwarmingstoestellen luchtverontreiniging stikstofoxiden] is hereby repealed.

ARTICLE III

The Environmental Management (Medium-Sized Combustion Plants Emission Requirements) Implementing Regulation [Uitvoeringsregeling emissie-eisen middelgrote stookinstallaties milieubeheer] is hereby repealed.

ARTICLE IV

The present Regulation shall enter into force on the date of entry into force of the Decree of … amending the Environmental Management Facilities (General Rules) Decree [Besluit algemene regels voor inrichtingen milieubeheer] and the Living Environment Law Decree [Besluit omgevingsrecht] as well as certain other Decrees (novel activities, integration of Environmental Management (Emission Requirements for Medium-sized Heating Systems) Decree [Besluit emissie-eisen middelgrote stookinstallaties milieubeheer], simplifications and corrections in the Environmental Management Activities Decree [Activiteitenbesluit milieubeheer]) (OJ.…).

The present regulations shall be published in the Government Gazette [Staatscourant] together with the explanatory memorandum thereto.

THE STATE SECRETARY FOR INFRASTRUCTURE AND THE ENVIRONMENT,

Joop Atsma

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Number IENM/BSK-2012/79424


EXPLANATORY MEMORANDUM

GENERAL PART

1. Introduction

The present Regulation serves to amend the Environmental Management (Activities) Regulation of 9 November 2007, No DJZ2007104180 (Official Gazette 2007, No 223). The amendment relates to the third sub-phase of the ‘second phase general rules update’ project, in which — building on the first phase, which culminated in the entry into force of the Environmental Management Activities Decree on 1 January 2008 as well as the Environmental Management (Activities) Regulation — further permit-requiring facilities are brought under general rules. This also fully continues the drive to reduce the administrative burden.

2. Objective of the Regulation

The amendment relates to the third sub-phase of the second phase of the project, in which further permit-requiring activities are brought within the scope of the Activities Decree, namely activities in the rubber and plastics manufacturing sector, in the food industry, in shooting facilities (indoor shooting ranges and paintball facilities), in the concrete industry, the graphical industry and facilities for maintenance, repair and cleaning etc. of railway vehicles. A large number of ministerial decrees were already transferred into the Activities Decree in the first phase of the project. The present amendment now transfers the Emission Requirements (Medium-Sized Combustion Plants) Decree [Besluit emissie-eisen middelgrote stookinstallaties, BEMS] into the Activities Decree. This third sub-phase also contains a number of simplifications and corrections.

For a detailed explanation of the rationale, objective and content of the third sub-phase of the second phase of the Activities Decree and its associated Regulation, please see the general part of the explanatory memorandum to the Amendment Decree.

3. Reference to the explanatory memorandum to the Activities Regulation

The rules that have been incorporated into the Activities Decree are either of major importance for the scope of obligations of the operators of facilities, or are necessary in the interests of environmental protection. Accordingly, the Activities Decree contains target-related provisions where possible. The Activities Regulation contains measures mostly in the form of means-related provisions. A distinction is made between obligatory and approved measures.

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For a detailed explanation of obligatory and approved measures, please see the general part of the explanatory memorandum to the Activities Decree (Official Journal 2007, No 223).

4. Effects on businesses and government agencies

In the context of the preliminary draft of the Amendment Decree, research was done into the effects of the Amendment Decree and the present Regulation on businesses and government agencies. Sections 12 and 13 of the explanatory memorandum to the Amendment Decree address these aspects.

5. Implementability and enforceability

The regulation primarily addresses the operator of a facility. Accordingly, the operator of the facility is also responsible for compliance with the requirements. The requirements are formulated so as to be implementable for the operator of a facility. An important relevant aspect is that the requirements of the present Amendment Decree are consistent with the requirements that have been incorporated into the Activities Decree and the Activities Regulation. For a detailed explanation of the implementability and enforceability, please see Section 14 of the explanatory memorandum to the Third Sub-Phase Amendment Decree.

6. Notification

The draft of the present Regulation was notified to the Commission of the European Communities on PM (notification number …/…/NL) in compliance with Article 8(1) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (OJ L 204), as amended pursuant to Directive 98/48/EC of 20 July 1998 (OJ L 217).

PM (comments from the Commission)

The draft Amendment Regulation has not been notified to the WTO because it does not have any significant consequences in that respect.

7. Responses in the public inquiry procedure

The draft of the present Regulation, together with the draft of the Amendment Decree (Official Gazette 2011, No 19962), was pre-published in the Official Gazette [Staatscourant] (Official Gazette 2011, No 20062) on 11 November 2011. In response to these pre-publications, the State Secretary for Infrastructure and the Environment has received around 40 public-inquiry responses. Municipalities, provinces, industry associations and private individuals have submitted responses to the public inquiry. The responses received have been analysed with due care. Public inquiry responses leading to improvements have been incorporated wherever possible into adjustments of the wording of the Amendment Decree or explanatory memoranda to the Decree or Regulation. The scope of the present explanatory memorandum does not permit a comprehensive discussion of all these responses to the public inquiry. Specific replies have been provided to the responses received where respondents indicated their desire to receive such reply.

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Based on the responses, a number of omissions in the Amendment Regulation were rectified, such as the inclusion of glass in Article 3.27b(5) sub c of the pre-published version. The Article on the municipal waste collection site was also adjusted, as well as the provisions on the use and storage of organic peroxides. Finally, Articles 3.7a and 3.7m (new) were amended. The explanations of the individual Articles address the various changes.

NOTES BY SECTION

ARTICLE I

Part A

This part comprises a number of definitions that are relevant for the determination of the requirements for the construction of indoor shooting ranges. These requirements have been laid down in Table 3.110.

bore For smooth barrels, this is the diameter of the barrel. For so-called grooved barrels, i.e. barrels with helical grooves serving to impart a rotational movement around the longitudinal axis to the bullet or projectile, this is the diameter as measured next to the grooves instead of in the grooves. The bore shall be indicated in both millimetres and inches. The bore of a weapon in inches shall be given without units, e.g. ‘.22’ represents a bore of 0.22 inches or 5.6 millimetres.

stop buttThis is a device which reduces the kinetic energy of the projectile to zero. Stop butts exist in a variety of designs, e.g. a sand heap, a steel sheet placed at an angle, a set of steel sheets (lamellas) placed at an angle, or a bullet-capturing container.

shoulder gun, handgunThe definitions of a shoulder gun and handgun are as commonly used in the industry. The distinction between handguns and shoulder guns is important because of the difference in impact energy of the projectiles fired. The bore is another important factor. Shooting ranges for guns are 10 to 50 metres in length, whereas shooting ranges for shoulder guns are usually 50 to 100 metres.

Part B

Pursuant to the first paragraph, a number of references to standards shall be deleted. The Dutch standard NEN 2819:1994 for Air Quality – Stationary source emissions - Sampling and determination of fluoride content, May 1994, has been withdrawn. It has been replaced with the international standard ISO 15713:2006 Stationary Source Emissions - Sampling and determination of gaseous fluoride content. For that reason, the third paragraph of this part of Article 1.2 of the Activities Regulation refers to the other norm.A previous amendment of the Regulation had omitted to repeal the definition with reference to NEN-EN-ISO 9377-4, leading to two different versions of the norm being included. The amendment rectifies this omission. Both the Activities Decree

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and its associated Regulation now refer to the correct standard, i.e. NEN-EN-ISO 9377-2.The standard NEN-EN-ISO 10304-2:1996 has also been repealed. Finally, the concept BRL K903 has been dropped. Under the Soil Quality Decree, there is an approval obligation for the norm document BRL K903. The Annex to the Soil Quality Regulation refers to the most recent version of each respective norm document. Amendments to the norm document lead to corresponding changes to the Soil Quality Regulation. The present amendments ensure that the Activities Regulation no longer needs to be changed accordingly as well. The amendments ensure an unambiguous reference to the relevant norm document.

The second paragraph of this part includes the concept ‘PGS 8’. This is related to the inclusion of general rules for organic peroxides in the Activities Decree and the Activities Regulation.

Finally, the third paragraph contains an amendment so that the reference is now to a newer version of the NEN-EN 13725 standard.

Parts C and D(1)

On 2 April 2012, a new Dutch Soil Protection Guideline [Nederlandse Richtlijn Bodembescherming, NRB] was published by Agentschap NL, replacing the old version of 2001 (2003) by InfoMil. The references to the NRB in Articles 2.1 and 2.2 of the Activities Regulation have been updated accordingly. This is a purely technical amendment without substantive consequences.

Part D(2)

In the Amendment Decree associated with the present Amendment Regulation, the scope of Section 3.3.5. has been expanded to cover the storage in underground tanks of certain commonly used organic substances and certain liquid soil-threatening substances. One example of a liquid soil-threatening substance that has been brought within the scope of Section 3.3.5. is brine. For purposes of soil protection, in Article 2.2(2) of the Activities Regulation contains a provision for the storage of certain substances in underground tanks. With the entry into force of the present Amendment Regulation, the aforementioned provision also applies to those organic substances and liquid soil-threatening substances that have been brought within the scope of Section 3.3.5. of the Activities Decree. The explanatory memorandum to the Activities Regulation (Official Gazette 2007, No 223) already contains an explanation of Article 2.2. From this it follows that each underground storage tank should have a ground water level indicator. Where several storage tanks are present, one ground water level indicator for each three underground storage tanks shall be considered sufficient, provided such storage tanks are located within ten metres of each other. This distance of ten metres applies to the group of tanks as a whole, i.e. all three underground tanks must be located within a ten metre diameter.

Part E

Reference is made to the explanations of the individual Articles in part B(1). In addition to the provisions mentioned in this Part, the same amendment is also applied in Articles 3.21(1) and 4.15(1) of the Activities Regulation. See Parts K and II.

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Part F

Roofing waste is produced in companies performing work on roofs, such as roofers and contractors. For these companies, storage of roofing waste is exempt from the permit requirement. This follows from Annex I, Part C, Category 28.10, under 12, sub a, second indent, of the Living Environment Law Decree [Besluit omgevingsrecht]. These companies should keep their roofing waste separated according to these four categories. The categories are explained in more detail in Sector plan 33 (Roofing Waste) of the LAP2. Otherwise, the Activities Decree provides that municipal waste collection sites may provide storage only of roofing waste, since collection at a waste collection site does not ensure adequate separation of the roofing waste. The specific separation obligation of the waste collection site (Article 3.115 (new)) therefore entails an obligation for roofing waste that is different from this second paragraph.

Part G

Section 3.2.1. as prevailing prior to the entry into force of the present Amendment Regulation applied to operating a cogeneration plant. This section has been replaced — in the Activities Decree as well — with a section on operating a non-major combustion plant. The provisions of this new section have largely been taken from the BEMS. Cogeneration plants and emergency power generators are combustion plants. It is undesirable to have the rules for combustion plants spread over different parts of the Activities Decree and Activities Regulation. For that reason, the rules for operating cogeneration installations and emergency power generators have been brought under the rules for operating non-major combustion plants. The section on emergency power generators is deleted accordingly.

Article 3.5

This provision includes approved measures. If the conditions of the first paragraph are met, the operation of a boiler system is deemed compliant with the requirements for emissions into the ambient air with respect to total dust as incorporated into the Activities Decree. Approved measures apply only to combustion plants where liquid fuel is being burned. The first paragraph simplifies the measuring obligation for total dust when burning liquid fuel in a boiler system.If the conditions of the second or third paragraph are met, the operation of a combustion plant with a rated power less than 1 Megawatt is deemed compliant with the requirements for emissions into the ambient air with respect to total dust or nitrogen oxides (NOx) as incorporated into the Activities Decree. Approved measures apply only to combustion plants where wood is being burned.

Article 3.6(5) provides that measurements are not required if approved measures have been taken. In that case the emission requirements will be considered to have been met. If the approved measure as referred to in the first paragraph is implemented, the carbon monoxide content of the exhaust gas will need to be proven in an inspection as referred to in Article 3.7m.

Article 3.6

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Article 3.6 defines the situations to which the Articles of Section 3.2.1. of the Regulation will apply, and the delegation clauses in the Activities Decree on which they are based. Each group of provisions as referred to in the various paragraphs of Article 3.6 relates to a different category of combustion plants. The delegation provision included in the Activities Decree defines the categories of combustion plants concerned. Combustion plants may fall in several or all categories, so that potentially all provisions of this Section could apply.The explanation of Article 3.5 (new) of the Activities Regulation already discusses the fifth paragraph of this provision.

Articles 3.7 to 3.7j

Articles 3.7 to 3.7j contain the requirements that must be fulfilled by measurements of the emission limits set by the Activities Decree for the operation of certain combustion plants. These requirements have been taken from Chapter 3 of the BEMS as well as from the Implementing Regulation. The explanatory memoranda to the aforementioned Decree and Regulation apply accordingly (Official Journal [Staatsblad] 2009, No 547 and Official Gazette [Staatscourant] 2010, No 2254). The changes are almost exclusively editorial in nature. The substantive content of the rules has remained the same, although they now apply to a larger group of facilities and combustion plants. The explanation of the relevant amendment of the Activities Decree addresses this matter at length. It is expected that facility owners operating boiler systems between 400 Kilowatts and 1 Megawatt will choose to undertake individual measurements instead of continuous measurements.

Some additional clarifications have been made to Article 3.7a (Article 3.1.4 of the BEMS). For instance, it has been clarified that individual measurements must be carried out by (employees of) a company. This is because the phrase ‘person holding a valid certificate’ as used in the BEMS seemed to be an unintended reference to certification of persons. Further, the phrase in 3.7a providing that ‘a person possessing proof that requirements equivalent to those of such assessment guideline, Scope 6, have been met, provided that he carries out such measurement in accordance with those equivalent requirements’ will also be authorised to carry out individual measurements, will be deleted since it duplicates Article 1.3 of the Activities Decree. This is because the phrase implied that other companies, e.g. those certified by accredited entities other than a Dutch ones, which should be treated as equivalent, would not be authorised to carry out individual measurements. Under Article 1.3 of the 3 Activities Decree, a certificate or accreditation issued by an appropriately authorised agency in another Member State of the European Union or in a State, not being a Member State of the European Union, which is party to a treaty covering the relevant subject matter which is binding upon the Netherlands, shall be treated as equivalent to a certificate or accreditation as referred to in the Activities Decree or Activities Regulation, provided that it is based on inquiries or documents which provide a level of protection at least equivalent to the level pursued by the equivalent national inquiries or documents.

Articles 3.7k and 3.7l

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These Articles contain the obligatory measures on discharges of drain water and on soil protection. These measures have been taken from Articles 3.7, 4.36 and 4.110 (old) of the Activities Regulation.

The scope of this provision has been expanded: the measures now apply to a larger group of facilities and combustion plants. See the explanatory memorandum to the Amendment Decree associated with this Amendment Regulation. However, there have been no substantive changes in the requirements for draining steam boilers and for soil protection. This is an exhaustive provision, i.e. the competent authority will not be authorised to impose specific requirements under the duty of care. With respect to the soil-protection rules, it is pointed out once again that under the Activities Decree, a soil-protective device is understood to be a liquid-blocking device, a liquid-proof floor or paving or another effective physical device preventing emissions into the soil.

Article 3.6 of the Activities Regulation shall be deleted. The Gasunie rules for safe use of natural gas in gas turbines are repealed. These rules have been replaced with NEN-ISO 21789. The NEN-ISO 21789 standard has been incorporated into the SCIOS certification scheme. This has caused Article 3.6 of the Activities Regulation (old) to be redundant.

Articles 3.7m to 3.7p

These provisions set requirements for inspection and maintenance of combustion plants (3.7m and 3.7n) as well as for reporting and for keeping documents available (3.7o and 3.7p). The requirements have been taken from the BEMS and from its associated Implementing Regulation. The scope of this provision has been expanded: the measures now apply to a larger group of facilities and combustion plants. See the explanatory memorandum to the Amendment Decree associated with this Amendment Regulation. However, there have been no substantive changes to the requirements. For an explanation of the change in the sixth paragraph of 3.7m, please see the explanation of Article 3.7a.

Parts G (partly), H (partly), P, X, Y (partly), Z (partly) OO, KKK and YYY

These parts incorporate the changes caused by moving activities from Chapter 4 to Chapter 3 (see the general part of the explanatory memorandum to the Activities Decree, under ‘simplifications’). This is in keeping with the corresponding amendments in the Activities Decree. No substantive changes have been made. These are the following movements:

- Section 4.1.6. The filling of gas cylinders with propane and/or butane has been moved to Section 3.4.8. (Parts Y and OO);- Section 4.2.1. Operating a combustion plant has been moved to Section 3.2.1. (parts G and OO);- Section 4.2.2. Operating of a cooling system has been moved to Section 3.2.6. (Parts H and OO);- Section 4.6.1. Providing parking spaces in a car park has been moved to Section 3.3.4. (Parts P and KKK);- Section 4.8.2. Providing spaces for mooring pleasure craft has been moved to Section 3.3.4. (Parts P and YYY);- Section 4.8.3. Preparing foodstuffs has been moved to Section 3.6.1. (parts Z and YYY);

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- Section 4.8.4. Slaughtering animals, butchering meat or fish or processing animal products has been moved to Section 3.6.2. (Parts Z and YYY);- Section 4.8.6. Operating an emergency power generator has been moved to Section 3.2.1 (parts G and YYY), and- Section 4.8.7. Traditional shooting has been moved to Section 3.7.2. (parts Z and YYY).

In addition, the provisions in part P and X Section 3.4.4. on Disassembling end-of-life vehicles has been moved. This section has been moved to a more logical location in keeping with the changes in the Activities Decree. No substantive changes have been made. One editorial change has however been made in Articles 3.27d, 3.27e and 3.27f (3.57, 3.58 and 3.59 (old)): instead of ‘other products’ the reference is now simply to ‘products’, since the provisions relate to the storage of products as opposed to the storage of drained or disassembled substances and preparations.

Part H

In part H, in addition to moving the section on operating a cooling system, a section is added in the Subchapter on Installations: operating a switch heating system. Corresponding to the Decree, this section concerns only installations in which a soil-threatening liquid is used. In order to achieve a negligible soil risk, the installation should comply with Article 3.16e. For completeness it is noted that the Article does not comprise a requirement for any spillage or other incidents that might occur during inspection, maintenance or management of the switch heating system. Those situations are therefore covered by the duty of care.

Parts J to O

These parts extend the scope of Sections 3.3.1 and 3.3.2. to reflect the extension of the scope of Sections 3.3.1 and 3.3.2 of the Decree.

Part Q, R, T, U and V

Part Q extends the scope of Section 3.4.2. The heading for the Subchapter has been changed accordingly (part Q). The extension of the scope of this section primarily concerns certain commonly used organic substances. Article 3.35(1) has been declared non-applicable to liquid soil-threatening substances falling within the scope of Section 3.4.2 of the Activities Decree. This is because those substances are less hazardous than liquid fuel, used oil and organic substances, and accordingly need less stringent conditions.

Part S

For a more unified structure of the Activities Regulation, the amendments have been chosen such that Articles regulating only the scope of a particular Section have been dropped. The same approach will be taken with future amendments.

Part W

The inclusion of concrete products still in their formwork makes it clear that these are non-inert goods from which liquid soil-threatening substances could leak. The liquid soil-threatening substance is the formwork agent used. The product will lose

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this status in any case when it is removed from its formwork.

Part X

Section 3.4.4. Disassembly of end-of-life vehicles has been moved to Section 3.3.3.

Part Y (partly)

Section 3.4.9. covers storage of gas oil, lubricating oil or used oil in above-ground storage tanks.

Part Z (partly)

In this part, 3 Subchapters have been added. Some sections in these Subchapters have been moved from Chapter 4 to 3. This was already explained for Part G (partly), H (partly), P, X, Y (partly), Z (partly) OO, KKK and YYY.In addition, 3 new sections have been incorporated into Part Y, namely Section 3.6.3. Industrial production or processing of foodstuffs or beverages, 3.7.1 Indoor shooting ranges, and 3.8.1 Municipal waste collection sites.

For a detailed explanation of this part, please see the explanation for Part XX of the Amendment Decree associated with the present Amendment Regulation. The remarks below will only address the operation of indoor shooting ranges and municipal waste collection sites.

Indoor shooting range

Indoor shooting ranges for shoulder guns and indoor shooting ranges for handguns are different in many respects. Shoulder guns require much heavier safety devices due to the difference in exit energy of the bullet and its impact energy when hitting the target (or part of the structure). Shoulder guns are carbines or rifles characterised by having longer barrels than handguns. They are designed and intended to be fired while shouldered. Handguns in the form of a pistol or revolver are short-barrelled weapons. The energy of a fired bullet is determined by several characteristics: diameter (bore) and mass of the bullet, quantity and type of the gunpowder. Large-calibre ammunition for shoulder guns and handguns (rifle ammunition and pistol ammunition) can be clearly distinguished from small-calibre ammunition. Where shoulder guns are loaded with pistol ammunition, the safety devices for handguns will suffice.

Articles 3.109 and 3.110

The requirements for diffuse emission have been based on the requirements for diffuse emissions from metal processing activities. The provisions on the competence to impose specific requirements for a better dispersal of the suctioned-off air and for reducing (dust) pollution near sensitive buildings, e.g. by increasing the height of discharge of the suctioned-off air, have also been followed. Any decisions taken in this respect must observe the NeR.

Article 3.111

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For a safe environment near indoor shooting ranges it is necessary to ensure that bullets and projectiles cannot stray outside the range. This requires the building structure of the shooting range to have a bullet-proof design. This safety aspect is not regulated by the building provisions under the Housing Act [Woningwet]. It must also be ensured that bullets do end up in a stop butt, since the rear wall of a shooting range would not be able to withstand the bullet impacts without such a device. Ricocheting bullets or parts of bullets and objects dislodged by bullets, such as pieces of gravel, must not be able to stray from the shooting range or cause material damage to the structure. Therefore, ricochet-resistant and wall-protective measures must also be taken on large parts of the walls, ceilings and any protruding parts within shooting range. A number of constructional measures have been chosen to achieve adequate safety levels. These relate mainly to the types of building and construction material and their thicknesses. These requirements have been included in Table 3.110. These measures are already in use in many existing shooting ranges and have produced inherently safe situations there. The provisions on handguns also apply to shoulder guns using pistol ammunition.The ricochet-resistant and protective measures taken near the position of the shooter shall apply to shooting ranges where such shooting positions are located in more than one place along the length of the range, and for all such positions. In the columns of Table 3.110, the measures increase in severity from left to right. Accordingly, the weapons and bores specified in any given column will also be allowed for measures in the next column. These are basic requirements. Some aspects will need to be elaborated in practical implementation, such as the concrete or steel quality or the thicknesses of materials not targeted directly by the shooting. This is the responsibility of the operator of the shooting facility.Since specific designs of indoor shooting ranges, necessitating different measures than those specified in Table 3.110, are allowed to a limited extent, the fourth paragraph provides for a possibility to impose specific requirements.

Article 3.112

Cartridges from used ammunition should be prevented from ending up in or on the soil. For this reason, the second paragraph provides that shooting shall be done over a soil-protective device. This means that the zone around the position of the shooter shall be conditioned such that cartridges can be collected with ease. If the shooting does not lead to cartridges or other soil-threatening substances potentially ending up in or on the soil, such shooting will not be considered a soil-threatening activity, so that this paragraph will not apply.The use of a stop butt, in addition to the safety aspect, also prevents bullets from entering the soil. Pursuant to the third paragraph, stop butts should be placed over a soil-protective device to prevent bullets that for some reason are not caught by the stop butt from ending up on or in the soil. The operator of a facility may decide which soil-protective device (and associated measures) will be used. Usually, a form of paving is created which is easy to keep clean.

Article 3.113 and Annex 7

This Article provides that measurements for indoor shooting ranges shall be done not according to the Industrial Noise Measurement and Calculation Manual of 1999 but instead according to the Indoor Shooting Ranges Measuring Instruction as included in Annex 7. The Industrial Noise Measurement and Calculation Manual of

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1999 specifically states that it does not apply to shooting noise. For surveying and assessing shooting noise, reference is made to the Shooting Noise Circular (original version 1979). However, that Circular is not suitable for measuring indoor shooting noise. A specific measuring instruction has therefore been drawn up for measurements of shooting noise in indoor shooting ranges, so that their assessment level can be determined.The measuring instruction specifies the method for the determination of noise emissions due to shooting noise around an indoor shooting range, measured at the façade of noise-sensitive objects located in the vicinity or in enclosed or adjacent buildings. This is based on the so-called A-weighted noise exposure level LAE of a single shot. Account has also been taken of the short duration of the shooting noise, the potential variations in the levels of successive shots, and the type of weapons used to fire the shots. The provision also specifies the manner in which non-shooting noise from the facility, such as noise from fans, shall be accounted for. The concept of the acoustically representative operational circumstances has been further elaborated and defined as applying to one calendar year. This includes all shots fired within the facility, whether or not in the context of a competition. For the recipients, it cannot be determined whether the operation is regular or special, so that an effect on noise pollution cannot be assumed. Determining the annual number of shots fired for each daily period should not be problematic, in light of the usually excellent records of shooting activities that are kept by the facilities. Studies have shown that the one-year assessment period usually produces a reliable estimate of the relevant noise pollution. For that reason, it has also been used for assessments of military shooting noise. The only exception to this relates to Sundays: noise occurring on Sundays is probably more annoying than on other days. Where appropriate, the competent authority may issue specific requirements to impose restrictions.

Article 3 113a

This Article specifies the minimum requirements for the content of the acoustic survey. These largely correspond to the requirements for acoustic surveys in force pursuant to the Industrial Noise Measurement and Calculation Manual, 1999.

Waste collection site

Article 3.115 intends to answer the question of when a municipality will be considered to have adequate facilities and separation policies in place at its waste collection site. This is different for each case, depending on the overall organisation of waste management within a municipality (whose flows are already collected separately and whose flows do end up at the waste collection site). This will accordingly need to be assessed in the context of the permit procedure for the waste collection site or the sorting installation for residual bulky domestic waste. The list given in the second paragraph of Article 3.115 contains components that would at least need to be separated out, to the extent presented as bulky household waste at the waste collection site of the relevant municipality, for the condition of adequate facilities to be fulfilled. To meet this condition, the municipality would need to have a separate container or area at its waste collection site in order to be allowed to dispose of the residual fraction in an incineration plant instead of a sorting agent.This list was compiled based on bulky household waste, so it does not include all waste flows for which separation at a waste collection site is or may be useful. For

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example the following are absent from the list, since they do not always constitute bulky household waste: packaging glass, batteries, gas-discharge lamps, small chemical waste, frying fat, incontinence aids, etc. In that sense, the aforementioned list is not exhaustive.

In addition to the physical means to keep the aforementioned flows separate, the management of the waste collection site should also be oriented towards a maximally effective implementation.- At the very least, it should be clear to citizens which containers are intended for

which types of waste.- Qualified employees should also be present to answer questions from citizens

and to ensure correct use of the various facilities.- In addition, the design and management of the waste collection site should take account of ensuring accessibility and ease of use for citizens. This includes not only physical accessibility, but also reduction of waiting times and administrative procedures. The third paragraph of Article 3.115 therefore provides that operators of facilities shall make efforts to prevent waste for which separate collection facilities exist from ending up in residual-waste containers. This is important since pursuant to Article 3.154(2) of the Decree, the general ban on mixing waste does not apply to residual-waste containers. Waste collection sites must exercise permanent supervision, public information and monitoring to ensure that the least possible amount of ‘specific’ waste ends up in the residual-waste container. Facility operators shall define the exact implementation of the above in their acceptance and inspection procedures.

The fourth paragraph of Article 3.115 provides that the competent authority may issue a specific requirement permitting any of the specific collection facilities to be absent if an equal level of waste separation is achieved through post-separation or other measures. This possibility of issuing a specific requirement does not apply to all types of collection facilities. Particularly for hazardous waste and soil categories, post-separation will not generally be desirable or effective. Such a specific requirement will logically be requested by a facility operator, who will need to indicate how an equivalent level of waste separation will be achieved. If it is not made sufficiently clear how the post-separation or other processing will be implemented, the competent authority may deny a specific requirement.If a waste collection site has been given permission to omit one or more collection facilities, there will be more waste flows ending up in the residual-waste container. To ensure post-separation in these cases, it is not desirable that the residual waste should be placed in a compacting container. For that reason, compaction of residual waste will be prohibited in these cases.A specific requirement as described in the fourth paragraph really has the status of a permission. The sixth paragraph provides that certain conditions may be imposed on such permission, e.g. requiring documentation of adequate waste separation in case of post-separation outside the facility.

Parts AA, BB, CC, DD and NN

In the explanatory memorandum to the Amendment Decree associated with the present Amendment Regulation already explains that the use and the storage of certain types of organic peroxides has been taken from the permit-requirement list of the Living Environment Law Decree. These are Type D to F organic peroxides, to the extent that they do not require ADR temperature control, in amounts of less than 1 000 kg per storage facility, in another packaging then 'Limited Quantity'

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(LQ), and to the extent that the storage takes place in a facility where rubber or plastics are being processed. Storage of Type C to F organic peroxides, to the extent that they do not require ADR temperature control, in amounts of less than 1 000 kilograms per storage facility in LQ packaging, already were not subject to the permit requirement. Type G organic peroxides have now also been exempted from the permit requirement. Storage of these organic peroxides is however not subject to specific requirements in the Activities Decree, but to the general duty of care. The new Section 4.1.5. of the Activities Decree sets general rules for the storage of these organic peroxides. Article 4.9 of the new Section 4.1.5. incorporates a delegation provision. Under this provision, the Activities Regulation sets requirements for the storage of certain types of organic peroxides.

The rules for storage of organic peroxides that are subject to requirements in the Activities Regulation have been based on the Hazardous Substances series of publications [Publicatiereeks Gevaarlijke Stoffen]. PGS 8 regulates the storage of organic peroxides. PGS 15 places constraints on the storage of organic peroxides in addition to regular hazardous substances. However, the requirements do not apply to combined storage only.Storage of organic peroxides subject to the general rules of the Decree must comply with the requirements of PGS 8. For LQ-packaged organic peroxides however, there is an option of choosing to comply with the requirements of PGS15 instead of those of PGS8.

The present amendment of Article 4.1(1) and (2) also corrects an erroneous reference.

Parts EE, PP, RR, SS, WW (partly), XX (partly), YY (partly), ZZ (partly), BBB, DDD, FFF, GGG, III (partly), RRR, VVV, WWW, XXX and AAAA

A technical correction has been made in these parts: the word ‘and’ has been replaced with ‘or’.

Parts FF to MM

In these Parts, a number of changes have been made to Section 4.1.3.1. Some of those are merely technical corrections. For instance, the expression ‘above-ground stationary storage tank’ has been used in the Articles instead of ‘above-ground storage tank which is stationary’. In the heading of the Section, the phrase ‘stationary and mobile’ has been deleted since it contributes no additional meaning. The scope of Section 4.1.3.1. has also been changed. This is already discussed in the explanatory memorandum to the Amendment Decree associated with the present Amendment Regulation. Since storage of gas oil, lubricating oil and used oil in an above-ground storage tank is now covered by Section 3.4.9., the Articles of Section 4.1.3.1. no longer apply to such storage. In addition, the storage of polyester resins in above-ground storage tanks is covered by this Section. The relevant provisions have been adjusted to reflect this change as well. Polyester resins constitute an ADR Class 3 hazardous substance. As such they meet the definitions of both ‘liquid hazardous substances’ and ‘liquid soil-threatening substances’. Articles 4.13(1) and (3) expressly mention polyester resins. In Article 4.13(2), polyester resins are covered by the concept of ‘other soil-threatening substances’. As a consequence, Articles 4.14 to 4.19 are all applicable in principle.

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The provisions of those Articles elaborate this by either expressly mentioning it (Article 4.14(1), (3) and (4), and Article 4.15(1)), or because polyester resins fits the concept of a ‘liquid hazardous substance’ or of a ‘liquid soil-threatening substance’ (Articles 4.18, 4.18a and 4.19). Articles 4.16 and 4.17 do not apply to above-ground storage of polyester resins. Finally, an omission in Part MM was rectified. The scope of application of Article 4.19 has been extended to cover all substances regulated by this Section. The old text incorrectly did not apply this exception to liquid soil-threatening substances, whereas it does mention ‘suspended’ storage.

Part QQ

The Activities Regulation places requirements on the total dust emissions into the ambient air. Article 1.1(2) of the Activities Decree defines ‘S’ as being the total dust as referred to in the NeR. Prior to the entry into force of the present Amendment Regulation and the Amendment Decree associated with the present Amendment Regulation, the Activities Decree and the Activities Regulation used the terms ‘S’ and ‘total dust’ interchangeably, while in all cases referring to the concept of total dust as defined in the NeR. To avoid further confusion, all occurrences of the term ‘total dust’ in this Part that really referred to total dust as defined in the NeR have been replaced with ‘dust class S’.

In connection with the transposition of the BEMS into the Activities Decree and the Activities Regulation, and with the implementation of the RIE, requirements will apply to total dust emissions into the ambient air from the operation of combustion plants after the entry into force of the present Amendment Regulation and the Amendment Decree associated with the present Amendment Regulation. Unlike in most cases, the relevant emission here is not total dust as defined in the NeR, since the NeR does not cover the operation of combustion plants. Therefore, these requirements will refer to the concept of ‘total dust’ instead of ‘dust class S’. The concept of ‘total dust’ is not defined in the Activities Decree, but assumed to be known.

Part TT

In connection with bringing the mechanical processing, cleaning, coating and gluing of rubber and rubber products (Sections 4.4.1. and 4.4.2.) and the processing of rubber, thermoplastics and polyester resins (Section 4.4.3) under the Activities Decree and Regulation, the heading of Subchapter 4.4. has been changed.

Part UU

In this Part, the scope of Section 4.4.1. has been amended to reflect the change in scope of Section 4.4.1. of the Activities Decree. The explanatory memorandum to the Amendment Decree already explains the change to the scope of Section 4.4.1. of the Decree. The effect of Section 4.4.1. is already explained in the explanatory memorandum to the Activities Regulation (Official Gazette [Staatscourant] 2007, No 223). Specifically, mechanical operations on rubber and rubber products are usually not large-scale activities, so that they need source extraction and a filtering separator only in exceptional cases to meet the emission requirements.

Parts VV, WW (partly), XX (partly), YY (partly), ZZ (partly)

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In these Articles, the scope of Section 4.4.2. has been extended to reflect the extension in scope of Section 4.4.2. of the Decree. The explanatory memorandum to the Amendment Decree already explains the extension in scope of Section 4.4.2. of the Decree. The effect of Section 4.4.1. is already explained in the explanatory memorandum to the Activities Regulation (Official Gazette [Staatscourant] 2007, No 223.

Parts WW (partly) and ZZ (partly)

It was already indicated in the general part that the present Amendment Regulation makes a number of editorial and technical corrections or changes to the Activities Regulation. One of those concerns a clarification in the texts as to which provision of the Activities Decree requires the fulfilment of a particular condition. Articles 4.46 and 4.49 have been changed accordingly.

Part AAA

In this Part, a Section has been added applying to the processing of rubber, thermoplastics and polyester resins.

Article 4.49a(1)

The system of provisions governing the reduction of emissions into the ambient air is explained in the explanatory memorandum to the Activities Regulation (Official Gazette [Staatscourant] 2007, No 223). As regards the reduction of aerial emissions in the processing of rubber, thermoplastics and polyester resins, the Decree and the present Regulation are based on the current practice followed when granting permits.

The first paragraph of Article 4.49a provides that effective air extraction from the source shall be obligatory in weighing and mixing to prevent total dust emissions. This is not expected to amount to a tightening of the rules compared to current practice, since source air extraction is usually already in place when weighing and mixing rubber compounds and the provision adequately defines those specific situations where source air extraction would not be considered to be a reasonable requirement.Effective air extraction at the source here also includes local or room extraction for activities which occur, or reasonably must occur, in a dedicated enclosed area to ensure effective extraction of vapours in light of the volume of the products.

However, air extraction at the source is not a reasonable requirement in all situations. Emission sources could be isolated and/or small-scale, particularly in activities that are not part of the core process of a facility, such as isolated maintenance activities in small production companies, or the use of specialist equipment that is needed only rarely.

In order to be determine whether a diffuse emission from an emission source should be considered small-scale or isolated, diffuse emissions may be treated as if they were channelled emissions. Then, there are two options for the quantification of the isolated and/or small-scale nature of an emission:– The so-called mass flow rate limit in grams per hour for the relevant emission from the entire facility, as defined in Article 2.5 of the Decree, is not exceeded,;

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– The mass flow rate limit is exceeded, but the emission in kg per year from the relevant source is small enough to be covered by the exemption of Article 2.6 of the Decree.

The isolated nature or small scale of a source will need to be demonstrated by the operator of the relevant facility where it is not immediately apparent, based on appropriately justified worst case assumptions. If the aforementioned conditions are met, air extraction at the source will often not be a reasonable requirement.

Article 4.49a(2)

The measure described in the second paragraph has been included to prevent situations of inadequate dispersal of extracted emissions of solid substances from weighing or mixing rubber compounds or from processing rubber, thermoplastics or polyester resins in the ambient air, leading to (dust) pollution near sensitive buildings. This measure does not apply to sensitive buildings located within a zoned industrial estate or a business park with less than 1 sensitive building per hectare. This measure will in many cases ensure adequate dispersal of the extracted substances. Both facilities established before and after the entry into force of the present Amendment Decree must comply with the provisions of the second paragraph. The competent authority may allow non-compliant alternative measures based on Article 1.8 of the Decree only if a facility successfully demonstrates that the non-compliance is justified because the alternative measure achieves an equivalent level of protection.

Article 4.49a(3)

Implementation of the measure as defined in the second paragraph will ensure in many cases that the extracted substances are adequately dispersed. The Decree also applies to facilities with relatively large environmental relevance. It is therefore possible that emissions caused by weighing or mixing rubber compounds or by processing rubber, thermoplastics or polyester resins still lead to (dust) pollution in the vicinity of sensitive buildings. Accordingly, it is necessary for the competent authority to have the power to issue specific requirements ensuring better dispersal and reduction of (dust) pollution near sensitive buildings, e.g. through increasing the height of discharge of the extracted vapours and gases. The provisions of the NeR shall be observed in the relevant decision procedure.

Article 4.49b

If a facility implements a measure as referred to in Article 4.49b, it thereby complies with the target-related provision as contained in Article 4.49a(1) of the Decree. The obligation of proof as referred to in Article 2.8 of the Decree no longer applies in those cases.The explanatory memorandum to the Activities Regulation (Official Gazette [Staatscourant] 2007, No 223) lays down the conditions for a filtering separator, and the circumstances under which a separator is considered to be effective and to retain its proper operation over time.

Article 4.49c

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In the mixing and to a lesser extent weighing of rubber compounds and in the processing of rubber or thermoplastics, there may be emissions of substances that are subject to a minimisation requirement. Substances to which such a minimisation requirement applies include all substances that may be released into the ambient air, divided into the categories: extremely risky substances (ERS), substances subject to minimisation, in the form of solid substances (MVP1) and gaseous or vaporous substances subject to minimisation (MVP2). For these substances, continuous efforts must be made to reduce the emission to the lowest level possible (zero emission). In accordance with the third paragraph of Article 4.31b of the Decree, Article 4.49c clarifies this matter for the benefit of the industry by including a non-exhaustive list of substances subject to the minimisation requirement that are still being used in mixing rubber compounds and in processing rubber or thermoplastics.

The reference to the EC Regulation on the registration, evaluation and authorisation of chemicals (REACH Regulation) in the second paragraph of Article 4.49c of the Activities Regulation has been included to make clear that this Regulation applies in full, implying that in some cases the use of a particular substance is not allowed at all (e.g. because no authorisation has been given, or the substance is not covered by an exception). The minimisation requirement obviously does not apply in these cases.

Article 4.49d

The processing of polyester resins involves emissions of styrene. Traditional resin contains 35–45 % styrene. Styrene has a very low odour threshold, i.e. it is a substance that can be smelled at very low concentrations. Operators of facilities where polyester resins are processed must therefore take a number of measures, as listed in the first paragraph.

The measures aim at reducing both the dynamic emissions and the static emissions of styrene in the processing of polyester resins. Dynamic emissions are the emissions during the development of the resin, and static emissions are the emissions occurring during the curing of the resin. The dynamic emissions are mainly determined by the styrene content in the resin, since resins containing less styrene will in general also produce lower styrene emissions during processing. Different types of resins exist, such as INSERT resins or dicyclopentadiene-containing resins (DCPD resins), which emit less styrene.The static emission of styrene is significantly reduced by adding film-forming substances to polyester resins. The formation of a film on the surface during curing of polyester resins prevents the evaporation of styrene, provided that the surface of the resin is not perturbed in this phase. Low-Styrene Emitting resins (LSE resins) also have lower static emissions. In addition to the use of different resins, various methods exist to reduce the static or dynamic styrene emissions. In airless spraying, the resin is applied in larger droplets or jets than in traditional spraying. A low-pressure polyester resin application system also prevents mist formation by applying the polyester resin with a low-pressure spraying head. In closed-mould systems, pieces of fibreglass are placed in a mould, after which the mould is closed and polyester resin is inserted. Vacuum-film systems do not use hand-laminating, but instead the resin starts outside the device and is pumped through by the vacuum pump. The use of covered buckets and containers and closed tube systems for solvents and resins also serve to reduce styrene emissions.

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Downstream methods used to purify the exhaust gases also serve to reduce styrene emissions.

If despite the measures as referred to in the first paragraph, the odour pollution still exceeds acceptable levels, the competent authority may issue specific requirements pursuant to Article 4.49d(3) and subject to the NeR requiring non-outdoor processing of polyester resins, location constraints for the discharge pipe, prevention or reduction of diffuse emissions, limiting occasional peaks in the odour levels to particular times of day. If these measures still do not prevent the odour pollution from exceeding acceptable levels, the competent authority may, pursuant to Article 4.49d(4) and subject to the NeR, issue further specific requirements requiring the presence of a deodorisation system or a greater height of discharge of the vapours emitted.

However, if the operator of the facility demonstrates, in the obligatory description accompanying his notification pursuant to Article 1.17(3) of the Activities Decree, that the odour pollution does not exceed acceptable levels, or is limited to a zoned industrial estate or a business park with less than one odour-sensitive object, the operator of the facility will, pursuant to the second paragraph of Article 4.49d, not be required to implement the aforementioned measures.

Article 4.49e

To prevent non-negligible soil pollution from being produced by the weighing or mixing of rubber compounds, or the processing of rubber or thermoplastics using a system with an oil or coolant circuit, or the processing of polyester resins or the cleaning of the equipment used for such processing, the aforementioned activities must take place over a soil-protective device. Since the supply and draining outlets of mixing systems for rubber compounds entail additional risks to the soil, particular attention should be paid to this when designing the appropriate soil-protective device.

Part CCC

In this Part, a new Article has been inserted in order to lay down the classification for welding of metals at the level of the Regulation. Article 4.40 of the Activities Decree hitherto referred to the Welding Smoke Code of Practice [Praktijkrichtlijn lasrook] for the relevant classification. However, this Code of Practice was repealed in 2006. Since the entry into force of the Activities Decree, the latter defines requirements for emissions into the ambient air of the dust class (total dust), as well as other emissions depending on the particular welding process. The various welding processes have been divided into Classes I to VII, with Class I welding processes being the least environmentally harmful, and Class VII welding processes being the most environmentally harmful. No emission requirements are imposed on Class I and II welding processes, since these welding processes do not produce significant emissions into the ambient air. The classification has been taken from the ‘Welding Smoke Code of Practice: Description of effective measures against exposure to smoke and/or gases and/or associated processes’ and depends on the welding process, the type and quantity of welding additive, the electrode and material being welded. The Decree took its classification of processes from this Code of Practice. Since this Code of Practice has since been repealed, an Article has been inserted in the Regulation defining these classes. More information on welding processes can be found in the module Welding, C.3.1

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in the ‘Work book environmental measures in the metal and electrical industries'. The regulation specifies for each class which measures would, with correct dimensioning, construction and maintenance, lead to compliance with the emission concentration requirements, and when no measures need to be taken to comply with the emission requirements.

Part EEE

In this Part, a new Article has been inserted specifying the conditions under which the emission requirements of the Activities Decree for breaming furnaces will be fulfilled in any case. For a general explanation of breaming, see the explanatory memorandum to the relevant Articles of the Activities Decree. The first paragraph provides that electrical furnaces where the extracted vapours are extracted and fed back shall also be deemed to comply with the emission requirements. Such furnaces have no emission point except for a very minor emission that occurs when opening the furnace. The second and third paragraphs define approved measures for gas-fuelled furnaces. These measures have been taken from special provision F2 as contained in the NeR. In accordance with that provision, a distinction is made between small furnaces (second paragraph) and large furnaces (third paragraph). The threshold between large and small furnaces is a capacity of five tons. In both cases, the emission requirements are met by using an after-burner. In large furnaces, more controls are expected to be present to ensure proper operation of the after-burner. The emission requirement for carbon monoxide is contained in the Regulation instead of the Decree since this requirement is a control ensuring the proper operation of the after-burner.

Parts HHH and III

This Part declares the Sections and Articles as specified therein to be applicable to all types of stone to reflect the amendment of the Activities Decree.

Part JJJ

Article 4.84g

This Article concerns the reduction or prevention of diffuse emissions. To prevent emissions from dosage and mixing from being inadequately dispersed in the outdoor air, producing hindrance near sensitive buildings, the measure as described in the first paragraph has been included. This measure shall not apply to sensitive buildings located within a zoned industrial estate or within a business park with less than one sensitive building per hectare. The transitional provisions contain an exception to the first paragraph for existing facilities, so that the first paragraph does not apply to those facilities. For facilities with relatively high environmental relevance, it is possible that the situation as described in the first paragraph leads to (dust) pollution near sensitive buildings. For these situations, the competent authority has the power to issue a specific requirement requiring better dispersal and reduction of (dust) pollution near sensitive buildings, e.g. by requiring a greater height of discharge of the extracted vapours and gases. Any decisions taken in this respect must observe the NeR.

Article 4.84h

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If a facility implements this measure, the facility thereby complies with the target-related provision included in Article 4.74j(2) of the Decree. The obligation of proof of Article 2.8 of the Decree does not apply to this case. Chapter 7 of the general part of the explanatory memorandum to the Regulation of 9 November 2007 (see Official Gazette 2007, No 223) defines the requirements for a filtering separator, as well as the conditions under which a separator is considered to be effective and to retain its proper operation over time.

Article 4.84i

The cost-effective and technically feasible measures as referred to in Article 4.74o(1) of the Decree shall at least comprise operational measures taken to prevent unnecessary emissions (good housekeeping) and the use of low-VOC products and efficient application methods. Examples of these are:(1) greasing the filling location manually instead of spraying, requiring less formwork agent; (2) using solvent-free formwork oil;(3) optimising the spraying method. Spraying losses can be prevented through: - using a properly configured spray gun;- using the correct spraying method;- regular maintenance of the sprayer;- using the correct nozzle and checking it regularly for wear and spraying performance, replacing it when needed;(4) Instructing employees in energy-efficient use; (5) Introducing wear-resistant, better-loosing materials for moulds and filling plates. The use of stripping agents can be reduced if the mould or filling plate is covered with a material to which to concrete does not stick. This material must be wear-resistant and lubricating. A number of galvanic materials and plastics are available on the market that may be used for this purpose;(6) Keeping packaging closed whenever possible.

The Article does not require the operator of the facility to implement the aforementioned example measures. Operators of facilities are however expected to either take these measures or to demonstrate having considered or assessed measures that are technically feasible and cost-effective in the particular situation. For completeness it is noted that this Article only applies if it cannot be reasonably demonstrated that the maximum amount of purchased VOC-containing formwork agents is less than 1 000 kilograms per year. This follows from the second paragraph of Article 4.74o of the Decree.Article 4.84j

The stripping agents used may be soil-threatening. Stripping agents may be classified as follows based on their composition:- mineral oils with or without additives;- animal or vegetable oils with additives;- water-in-oil emulsions;- oil-in-water emulsions;- formwork wax;- chemical stripping agents.In recent years, biodegradable oils are used increasingly often. Concrete may be finished by scalding. Scalding gives the concrete its texture. Scalding of concrete is a treatment of the concrete surface which produces rinse water. This rinse water may contain residues of concrete (and concrete retarders).

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The Dutch Soil Protection Guideline for Commercial Activities [Nederlandse richtlijn bodembescherming bedrijfsmatige activiteiten, NRB] elaborates the preventive soil protection policy for commercial activities. The concept of ‘negligible soil risk’ is central to the Activities Decree (and the NRB). Devices and measures should achieve a negligible soil risk for the entire duration of the relevant commercial activities. In order to achieve a negligible soil risk, a liquid-proof floor or paving or drip tray is prescribed for these processes pursuant to the NRB. Notwithstanding the first paragraph, the competent authority may issue specific requirements allowing other measures and devices to be used pursuant to the equivalence provision of Article 1.8 of the Activities Decree, provided that such alternative measures and devices also achieve a negligible soil risk.

If these activities were already being carried out prior to 1 January 2013, and the relevant permit prescribes measures and devices that achieve a negligible soil risk, then those measures and devices will continue to apply under the transitional provisions (see Article 6.11aa).

Where these activities were already being carried out prior to 1 January 2013 but the achievement of a negligible soil risk cannot be expected in the specific situation, achievement of an acceptable soil risk will be considered adequate under the transitional provisions (Article 6.10 of the Activities Decree). A condition is that the competent authority should have issued a specific requirement permitting the relevant measures.

Article 4.84k

In crushing stony materials outdoors, if the material is kept moist by spraying, the requirements may still be fulfilled if no wastewater is released.

Article 4.84l

If a facility implements this measure, it thereby meets the target-related provision of Article 4.74s(1) of the Decree. In this case, the obligation of proof of Article 2.8 of the Decree no longer applies.

Article 4.84m

To prevent emissions from indoor crushing of stony materials from being inadequately dispersed in the ambient air, producing hindrance near sensitive buildings, the measure as described in the first paragraph has been included. This measure shall not apply to sensitive buildings located within a zoned industrial estate or within a business park with less than one sensitive building per hectare. The transitional provisions contain an exception to the first paragraph for existing facilities, so that the first paragraph does not apply to those facilities. For facilities with relatively high environmental relevance, it is possible that the situation as described in the first paragraph leads to (dust) pollution near sensitive buildings. For these situations, the competent authority has the power to issue a specific requirement requiring better dispersal and reduction of (dust) pollution near sensitive buildings, e.g. by requiring a greater height of discharge. Any decisions taken in this respect must observe the NeR.

Parts LLL and NNN

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In light of the extension of the scope of Section 3.3.1. of the Decree with deliveries of liquid fuel to railway vehicles, the scope of Section 4.6.4. of the Decree is reduced accordingly. This Part also reduces the scope of Section 4.6.3. to reflect the reduction in scope of Section 4.6.4. of the Decree.

Part MMM

Pursuant to Article 4.88, certain Articles contained in the Regulation must be complied with to ensure safety. However, one of those Articles, Article 4.90, has been deleted. The reference has been changed accordingly.

Parts OOO, PPP and QQQ

These Articles extend the scope of Section 4.6.4. to reflect the extension in scope of Section 4.6.5. of the Decree.

Parts SSS and UUU

Since web-fed offset printing technology, flexography and intaglio printing have been brought within the scope of the Activities Decree and the Regulation, the title of Subchapter 4.7. has been changed accordingly. Activities related to paper and textiles are now covered by Subchapter 4.7a.

Part TTT

In this Part, two sections are added, one applying to web-fed offset printing and another to flexography or intaglio printing.

Section 4.7.3a. Web-fed offset printing

Article 4.102ea(1)

The explanation of Part AAA with respect to Article 4.49a(1) applies accordingly. Specifically for web-fed offset printing, diffuse emissions are expected only from gases and vapours produced by heatset web-fed offset and coldset. No emissions are expected from UV drying. Article 4.102ea(2) and (5)

Activities related to web-fed offset printing where volatile organic compounds are used, and where products are dried, should also be expected to produce odour emissions.Discharging vapours and gases through a discharge pipe of sufficient height in relation to adjacent buildings will in many cases ensure adequate dispersal of odour emissions. An important aspect is that the emitted air should be blown off vertically wherever possible to ensure the best possible dispersal of vapours and gases in the ambient air. This reduces the likelihood of odour pollution.Both facilities established before and after the entry into force of the present Amendment Decree must comply with the provisions of the second paragraph. The competent authority may allow non-compliant alternative measures based on Article 1.8 of the Decree only if a facility successfully demonstrates that the non-compliance is justified because the alternative measure achieves an equivalent level of protection.

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Situations may occur where the odour pollution exceeds acceptable levels despite taking the measure as referred to in the second paragraph due to inadequate dispersal of the extracted vapours or gases, odour emissions that are not disposed of through the air extraction system, or isolated peaks in the odour levels. In these cases, the competent authority may issue specific requirements pursuant to Article 4.102ea(3) and subject to the NeR requiring a particular location for the discharge pipe, prevention or reduction of diffuse emissions, or limiting occasional peaks in odour levels to particular times of day. If these measures still do not prevent the odour pollution from exceeding acceptable levels, the competent authority may, pursuant to Article 4.201ea(4) and subject to the NeR, issue further specific requirements requiring the presence of a deodorisation system or a greater height of discharge of the vapours and gases emitted.

However, facility operators will not be required to take the measures specified in the second paragraph of Article 4.102ea if the potential odour emission is limited to a zoned industrial estate or a business park with less than one odour-sensitive object per hectare.

Article 4.102eb

To prevent the use of inks, thinners, cleaning agents and additives in web-fed offset printing from leading to non-negligible soil pollution, those activities should take place over a soil-protective device.

Section 4.7.3b. Flexography and intaglio

The explanation to the section on web-fed offset printing applies accordingly to this section. An important further aspect is that unlike with web-fed offset printing, a basic choice can be made to prevent or reduce odour pollution by either discharging vapours and gases through a discharge pipe or passing the gases and vapours through an effective deodorisation system. If the powers as referred to in the fourth paragraph are not enough to prevent acceptable levels of odour pollution from being exceeded, then the competent authority may, similarly to web-fed offset printing and again subject to the NeR, issue specific requirements requiring the presence of a deodorisation system or a greater height of discharge of the vapours and gases emitted. However, the competent authority may also issue a specific requirement requiring the operator of the facility to install a deodorisation system, unless of course the operator of the facility has already installed such a deodorisation system under the first paragraph of Article 4.102ec.

With respect to soil-pollution aspects, it should also be noted that unlike for web-fed offset printing and intaglio printing, the activities defined in Article 4.102ed(2) do not require a soil-protective device but a liquid-proof floor when undertaken in the context of flexography printing.

Finally, a further provision has been included on safety with respect to intaglio printing. Cleaning activities in intaglio printing offices commonly use a mixture of volatile solvents, typically ethyl acetate and ethanol, but sometimes isopropyl alcohol. Persistent contaminations are removed using strippers or aggressive non-volatile solvents. In rare cases, non-volatile solvents are used in automatic

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washers. As the solvent becomes too contaminated, it is distilled and the sludge is disposed of as hazardous waste. It is important that the distilling should take place in a fire compartment. To reduce the risks further, no storage or operations with hazardous substances or flammable goods must take place in the same fire compartment where the distilling takes place, apart from storage or operations related to the distilling itself.

Part ZZZ

This amendment is a technical correction, inserting the words ‘of a’.

Part BBBB

The explanation of Parts FF to MM already mentions that storage of gas oil, lubricating oil or used oil in an above-ground storage tank is now covered by Section 3.4.9., so that the Articles of Section 4.1.3.1. no longer apply. As a logical consequence, the transitional provisions for the various activities have been split accordingly and put in the appropriate places. Article 6.10(1), (4) and (5) (old) have accordingly been incorporated in the new Article 6.5ha, Article 6.10(4) (old) however remains a part of Article 6.10, but is renumbered to (3).

Parts CCCC and HHHH

Because the section on traditional shooting has been moved from Chapter 4 to Chapter 3, the associated transitional provisions have also been moved.

Parts DDDD, EEEE and FFFF

Articles 6.7, 6.10 and 6.15 have been changed in light of the renumbering and movement of Articles in the Regulation. The explanation of part BBBB already mentions the movement of Article 6.10, (1) and (5) (old). In addition, a reference to Articles 4.84g and 4.84m has been added to Article 6.7. Concrete companies established prior to the entry into force of Article 4.84g and 4.84m would have an environmental living environment permit, incorporating the aspect of effective dispersal of emissions. Based on the present transitional provisions, existing facilities will not need to comply with the first paragraph of Article 4.84g and the first paragraph of 4.84m unless any changes occur that lead to an increase in emissions into the ambient air or to a less effective dispersal of the emitted substances. Under the second paragraph, the competent authority may issue specific requirements as referred to in Articles 4.84g(2) and 484m(2) for existing concrete companies as well.

Part GGGG

This Article provides that Article 4.84j, preamble and sub a, shall not apply to facilities that were in operation and possessed an irrevocable permit prior to the entry into force of Article 4.84j. However, this applies only to facilities for which such permit prescribes other soil-protective devices or measures (other than the devices as specified in Article 4.84j), which also achieve a negligible soil risk when applying stripping agents. Based on the second paragraph, the requirements of such a permit will remain in effect for an unlimited period of time.

Part IIII

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Pursuant to the Decree of 9 June 2011 laying down the date of entry into force of the Decree of 16 March 2011 laying down general rules for discharges other than from facilities (Decree on Discharges Outside Facilities) (Official Journal [Staatsblad] 153) and of Article II, (b), preamble and sub 1, of the Decree of 15 November 2010 amending the Decree laying down general rules for environmental management facilities (Waste-Related Activities in Environmental Management Facilities (General Rules) Decree) (Official Journal [Staatsblad] 781) and amending Article 2(3) of the Decree of 26 November 2007 laying down the date of entry into force of the Act of 22 November 2006 amending the Environmental Management Act and certain other related Acts (update to the general environmental rules for facilities) (Official Journal [Staatsblad] 606) and of the Decree laying down general rules for environmental management facilities (Official Journal [Staatsblad] 415), (Official Journal [Staatsblad] 472), the provision on the entry into force of Article 2.16 of the Decree laying down general rules for environmental management facilities, which exhaustively regulates the transport of company employees to and from the facility, has been changed. The date of entry into force of Article 2.16 has been moved to 1 January 2014. The present amendment brings the provision on the entry into force of the associated Articles of the Regulation laying down general rules for environmental management facilities into line with this change of date.

ARTICLE II

The explanation of Article III of the Amendment Decree associated with the present Amendment Regulation already addresses the repeal of the Heater Type Approvals (Air Pollution by Nitrogen Oxides) Decree and the associated Type Approval Regulation.

ARTICLE III

Under the present Amendment Regulation, the Environmental Management (Medium-Sized Combustion Plants Emission Requirements) Implementing Regulation has been incorporated into the Activities Regulation, so that the Implementing Regulation can be repealed.

THE STATE SECRETARY FOR INFRASTRUCTURE AND THE ENVIRONMENT

Joop Atsma

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