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Document 01979A1113(01)-20050517

Consolidated text: Convention on long-range transboundary air pollution

ELI: http://data.europa.eu/eli/convention/1981/462/2005-05-17

01979A1113(01) — EN — 17.05.2005 — 001.002


This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

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CONVENTION

on long-range transboundary air pollution

(OJ L 171 27.6.1981, p. 13)

Amended by:

 

 

Official Journal

  No

page

date

►M1

PROTOCOL to the 1979 Convention on long-range transboundary air pollution on long-term financing of the cooperative programme for monitoring and evaluation of the long-range transmission of air pollutants in Europe (EMEP)

  L 181

2

4.7.1986

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PROTOCOL to the 1979 Convention on long-range transboundary air pollution concerning the control of emissions of nitrogen oxides or their transboundary fluxes

  L 149

16

21.6.1993

►M3

PROTOCOLto the 1979 convention on long-range transboundary air pollution on further reduction of sulphur emissions 

  L 326

35

3.12.1998

►M4

COUNCIL DECISION of 13 June 2003

  L 179

3

17.7.2003

►M5

PROTOCOL to the 1979 Convention on Long Range Transboundary Air Pollution on Persistent Organic Pollutants

  L 81

37

19.3.2004




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CONVENTION

on long-range transboundary air pollution



THE PARTIES TO THE PRESENT CONVENTION,

DETERMINED to promote relations and cooperation in the field of environmental protection,

AWARE of the significance of the activities of the United Nations Economic Commission for Europe in strengthening such relations and cooperation, particularly in the field of air pollution including long-range transport of air pollutants,

RECOGNIZING the contribution of the Economic Commission for Europe to the multilateral implementation of the pertinent provisions of the Final Act of the Conference on security and cooperation in Europe,

COGNIZANT of the references in the chapter on environment of the Final Act of the Conference on security and cooperation in Europe calling for cooperation to control air pollution and its effects, including long-range transport of air pollutants, and to the development through international cooperation of an extensive programme for the monitoring and evaluation of long-range transport of air pollutants, starting with sulphur dioxide and with possible extension to other pollutants,

CONSIDERING the pertinent provisions of the Declaration of the United Nations Conference on the human environment, and in particular principle 21, which expresses the common conviction that States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction,

RECOGNIZING the existence of possible adverse effects, in the short and long term, of air pollution including transboundary air pollution,

CONCERNED that a rise in the level of emissions of air pollutants within the region as forecast may increase such adverse effects,

RECOGNIZING the need to study the implications of the long-range transport of air pollutants and the need to seek solutions for the problems identified,

AFFIRMING their willingness to reinforce active international cooperation to develop appropriate national policies and by means of exchange of information, consultation, research and monitoring, to coordinate national action for combating air pollution including long-range transboundary air pollution,

HAVE AGREED as follows:



Definitions

Article 1

For the purposes of the present Convention:

(a) 

‘air pollution’ means the introduction by man, directly or indirectly, of substances or energy into the air resulting in deleterious effects of such a na ture as to endanger human health, harm living re sources and ecosystems and material property and impair or interfere with amenities and other legiti mate uses of the environment, and ‘air pollutants’ shall be construed accordingly;

(b) 

‘long-range transboundary air pollution’ means air pollution whose physical origin is situated wholly or in part within the area under the national jurisdiction of one State and which has adverse effects in the area under the jurisdiction of another State at such a distance that it is not generally possible to distinguish the contribution of individual emission sources or groups of sources.



Fundamental principles

Article 2

The Contracting Parties, taking due account of the facts and problems involved, are determined to protect man and his environment against air pollution and shall endeavour to limit and, as far as possible, gradually reduce and prevent air pollution including long-range transboundary air pollution.

Article 3

The Contracting Parties, within the framework of the present Convention, shall, by means of exchanges of information, consultation, research and monitoring, develop without undue delay policies and strategies which shall serve as a means of combating the discharge of air pollutants, taking into account efforts already made at national and international level.

Article 4

The Contracting Parties shall exchange information on and review their policies, scientific activities and technical measures aimed at combating, as far as possible, the discharge of air pollutants which may have adverse effects, thereby contributing to the reduction of air pollution including long-range transboundary air pollution.

Article 5

Consultations shall be held, upon request, at an early stage between, on the one hand, Contracting Parties which are actually affected by or exposed to a significant risk of long-range transboundary air pollution and, on the other hand, Contracting Parties within which and subject to whose jurisdiction a significant contribution to long-range transboundary air pollution originates, or could originate, in connexion with activities carried on or contemplated therein.



Air-quality management

Article 6

Taking into account Articles 2 to 5, the on-going research, exchange of information and monitoring and the results thereof, the cost and effectiveness of local and other remedies and in order to combat air pollution, in particular that originating from new or rebuilt installations, each Contracting Party undertakes to develop the best policies and strategies including air-quality management systems and, as part of them, control measures compatible with balanced development, in particular by using the best available technology which is economically feasible and low- and non-waste technology.



Research and development

Article 7

The Contracting Parties, as appropriate to their needs, shall initiate and cooperate in the conduct of research into and/or development of:

(a) 

existing and proposed technologies for reducing emissions of sulphur compounds and other major air pollutants, including technical and economic feasibility, and environmental consequences;

(b) 

instrumentation and other techniques for monitoring and measuring emission rates and ambient concentrations of air pollutants;

(c) 

improved models for a better understanding of the transmission of long-range transboundary air pollutants;

(d) 

the effects of sulphur compounds and other major air pollutants on human health and the environment, including agriculture, forestry, materials, aquatic and other natural ecosystems and visibility, with a view to establishing a scientific basis for dose/effect relationships designed to protect the environment;

(e) 

the economic, social and environmental assessment of alternative measures for attaining environmental objectives, including the reduction of long-range transboundary air pollution;

(f) 

education and training programmes related to the environmental aspects of pollution by sulphur compounds and other major air pollutants.



Exchange of information

Article 8

The Contracting Parties, within the framework of the Executive Body referred to in Article 10 and bilaterally, shall, in their common interests, exchange available information on:

(a) 

data on emissions at periods of time to be agreed upon, of agreed air pollutants, starting with sulphur dioxide, coming from grid-units of agreed size, or on the fluxes of agreed air pollutants, starting with sulphur dioxide, across national borders, at distances and at periods of time to be agreed upon;

(b) 

major changes in national policies and in general industrial development, and their potential impact, which would be likely to cause significant changes in long-range transboundary air pollution;

(c) 

control technologies for reducing air pollution relevant to long-range transboundary air pollution;

(d) 

the projected cost of the emission control of sulphur compounds and other major air pollutants on a national scale;

(e) 

meteorological and physico-chemical data relating to the processes during transmission;

(f) 

physico-chemical and biological data relating to the effects of long-range transboundary air pollution and the extent of the damage ( 1 ) which these data indicate can be attributed to long-range transboundary air pollution;

(g) 

national, sub-regional and regional policies and strategies for the control of sulphur compounds and other major air pollutants.



Implementation and further development of the cooperative programme for the monitoring and evaluation of the long-range transmission of air pollutants in Europe

Article 9

The Contracting Parties stress the need for the implementation of the existing ‘cooperative programme for the monitoring and evaluation of the long-range transmission of air pollutants in Europe’ (hereinafter referred to as EMEP) and, with regard to the further development of this programme, agree to emphasize:

(a) 

the desirability of Contracting Parties joining in and fully implementing EMEP which, as a first step, is based on the monitoring of sulphur dioxide and related substances;

(b) 

the need to use comparable or standardized procedures for monitoring whenever possible;

(c) 

the desirability of basing the monitoring programme on the framework of both national and international programmes. The establishment of monitoring stations and the collection of data shall be carried out under the national jurisdiction of the country in which the monitoring stations are located;

(d) 

the desirability of establishing a framework for a cooperative environmental monitoring programme, based on and taking into account present and future national, sub-regional, regional and other international programmes;

(e) 

the need to exchange data on emissions at periods of time to be agreed upon, of agreed air pollutants, starting with sulphur dioxide, coming from grid-units of agreed size; or on the fluxes of agreed air pollutants, starting with sulphur dioxide, across national borders, at distances and at periods of time to be agreed upon. The method, including the model, used to determine the fluxes, as well as the method, including the model, used to determine the transmission of air pollutants based on the emissions per grid-unit, shall be made available and periodically reviewed, in order to improve the methods and the models;

(f) 

their willingness to continue the exchange and periodic updating of national data on total emissions of agreed air pollutants, starting with sulphur dioxide;

(g) 

the need to provide meteorological and physico-chemical data relating to processes during transmission;

(h) 

the need to monitor chemical components in other media such as water, soil and vegetation, as well as a similar monitoring programme to record effects on health and environment;

(i) 

the desirability of extending the national EMEP networks to make them operational for control and surveillance purposes.



Executive Body

Article 10

1.  The representatives of the Contracting Parties shall, within the framework of the Senior Advisers to Economic Commission for Europe Governments on Environmental Problems, constitute the Executive Body of the present Convention, and shall meet at least annually in that capacity.

2.  The Executive Body shall:

(a) 

review the implementation of the present Convention;

(b) 

establish, as appropriate, working groups to consider matters related to the implementation and development of the present Convention and to this end to prepare appropriate studies and other documentation and to submit recommendations to be considered by the Executive Body;

(c) 

fulfil such other functions as may be appropriate under the provisions of the present Convention.

3.  The Executive Body shall utilize the Steering Body for the EMEP to play an integral part in the operation of the present Convention, in particular with regard to data collection and scientific cooperation.

4.  The Executive Body, in discharging its functions, shall, when it deems appropriate, also make use of information from other relevant international organizations.



Secretariat

Article 11

The Executive Secretary of the Economic Commission for Europe shall carry out, for the Executive Body, the following secretariat functions:

(a) 

to convene and prepare the meetings of the Executive Body;

(b) 

to transmit to the Contracting Parties reports and other information received in accordance with the provisions of the present Convention;

(c) 

to discharge the functions consigned by the Executive Body.



Amendments to the Convention

Article 12

1.  Any Contracting Party may propose amendments to the present Convention.

2.  The text of proposed amendments shall be submitted in writing to the Executive Secretary of the Economic Commission for Europe, who shall communicate them to all Contracting Parties. The Executive Body shall discuss proposed amendments at its next annual meeting provided that such proposals have been circulated by the Executive Secretary of the Economic Commission for Europe to the Contracting Parties at least 90 days in advance.

3.  An amendment to the present Convention shall be adopted by consensus of the representatives of the Contracting Parties, and shall enter into force for the Contracting Parties which have accepted it on the 90th day after the date on which two-thirds of the Contracting Parties have deposited their instruments of acceptance with the depositary. Thereafter, the amendment shall enter into force for any other Contracting Party on the 90th day after the date on which that Contracting Party deposits its instrument of acceptance of the amendment.



Settlement of disputes

Article 13

If a dispute arises between two or more Contracting Parties to the present Convention as to the interpretation or application of the Convention, they shall seek a solution by negotiation or by any other method of dispute settlement acceptable to the Parties to the dispute.



Signature

Article 14

1.  The present Convention shall be open for signature at the United Nations Office at Geneva from 13 to 16 November 1979 on the occasion of the High-Level Meeting within the framework of the Economic Commission for Europe on the Protection of the Environment, by the member States of the Economic Commission for Europe as well as States having consultative status with the Economic Commission for Europe, pursuant to paragraph 8 of Economic and Social Council Resolution 36 (IV) of 28 March 1947, and by regional economic integration organizations, constituted by sovereign States, members of the Economic Commission for Europe, which have competence in respect of the negotiation, conclusion and application of international agreements in matters covered by the present Convention.

2.  In matters within their competence, such regional economic integration organizations shall, on their own behalf, exercise the rights and fulfil the responsibilities which the present Convention attributes to their member States. In such cases, the member States of these organizations shall not be entitled to exercise such rights individually.



Ratification, acceptance, approval and accession

Article 15

1.  The present Convention shall be subject to ratification, acceptance or approval.

2.  The present Convention shall be open for accession as from 17 November 1979 by the States and organizations referred to in Article 14 (1).

3.  The instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the United Nations, who will perform the functions of the depositary.



Entry into force

Article 16

1.  The present Convention shall enter into force on the 90th day after the date of deposit of the 24th instrument of ratification, acceptance, approval or accession.

2.  For each Contracting Party which ratifies, accepts or approves the present Convention or accedes thereto after the deposit of the 24th instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the 90th day after the date of deposit by such Contracting Party of its instrument of ratification, acceptance, approval or accession.



Withdrawal

Article 17

At any time after five years from the date on which the present Convention has come into force with respect to a Contracting Party, that Contracting Party may withdraw from the Convention by giving written notification to the depositary. Any such withdrawal shall take effect on the 90th day after the date of its receipt by the depositary.



Authentic texts

Article 18

The original of the present Convention, of which the English, French and Russian texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

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Protocol to the 1979 convention on long-range transboundary air pollution to abate acidification, eutrophication and ground-level ozone



THE PARTIES,

DETERMINED to implement the Conve ntion on Long-range Transboundary Air Pollution,

AWARE that nitrogen oxides, sulphur, volatile organic compounds and reduced nitrogen compounds have been associated with adverse effects on human health and the environment,

CONCERNED that critical loads of acidification, critical loads of nutrient nitrogen and critical levels of ozone for human health and vegetation are still exceeded in many areas of the United Nations Economic Commission for Europe's region,

CONCERNED ALSO that emitted nitrogen oxides, sulphur and volatile organic compounds, as well as secondary pollutants such as ozone and the reaction products of ammonia, are transported in the atmosphere over long distances and may have adverse transboundary effects,

RECOGNISING that emissions from Parties within the United Nations Economic Commission for Europe's region contribute to air pollution on the hemispheric and global scales, and recognising the potential for transport between continents and the need for further study with regard to that potential,

RECOGNISING ALSO that Canada and the United States of America are bilaterally negotiating reductions of emissions of nitrogen oxides and volatile organic compounds to address the transboundary ozone effect,

RECOGNISING FURTHERMORE that Canada will undertake further reductions of emissions of sulphur by 2010 through the implementation of the Canada-wide Acid Rain Strategy for Post-2000, and that the United States is committed to the implementation of a nitrogen oxides reduction programme in the eastern United States and to the reduction in emissions necessary to meet its national ambient air quality standards for particulate matter,

RESOLVED to apply a multi-effect, multi-pollutant approach to preventing or minimising the excess of critical loads and levels,

TAKING INTO ACCOUNT the emissions from certain existing activities and installations responsible for present air pollution levels and the development of future activities and installations,

AWARE that techniques and management practices are available to reduce emissions of these substances,

RESOLVED to take measures to anticipate, prevent or minimise emissions of these substances, taking into account the application of the precautionary approach as set forth in principle 15 of the Rio Declaration on Environment and Development,

REAFFIRMING that States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction,

CONSCIOUS of the need for a cost-effective regional approach to combating air pollution that takes account of the variations in effects and abatement costs between countries,

NOTING the important contribution of the private and non-governmental sectors to knowledge of the effects associated with these substances and available abatement techniques, and their role in assisting in the reduction of emissions to the atmosphere,

BEARING IN MIND that measures taken to reduce emissions of sulphur, nitrogen oxides, ammonia and volatile organic compounds should not constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international competition and trade,

TAKING INTO CONSIDERATION the best available scientific and technical knowledge and data on emissions, atmospheric processes and effects on human health and the environment of these substances, as well as on abatement costs, and acknowledging the need to improve this knowledge and to continue scientific and technical cooperation to further understanding of these issues,

NOTING that pursuant to the Protocol concerning the Control of Emissions of Nitrogen Oxides or their Transboundary Fluxes, adopted at Sofia on 31 October 1988, and the Protocol concerning the Control of Emissions of Volatile Organic Compounds or their Transboundary Fluxes, adopted at Geneva on 18 November 1991, there is already provision to control emissions of nitrogen oxides and volatile organic compounds, and that the technical Annexes to both those Protocols already contain technical guidance for reducing these emissions,

NOTING ALSO that pursuant to the Protocol on Further Reduction of Sulphur Emissions, adopted at Oslo on 14 June 1994, there is already provision to reduce sulphur emissions in order to contribute to the abatement of acid deposition by diminishing the exceedances of critical sulphur depositions, which has been derived from critical loads of acidity according to the contribution of oxidised sulphur compounds to the total acid deposition in 1990,

NOTING FURTHERMORE that this Protocol is the first agreement under the Convention to deal specifically with reduced nitrogen compounds,

BEARING IN MIND that reducing the emissions of these substances may provide additional benefits for the control of other pollutants, including in particular transboundary secondary particulate aerosols, which contribute to human health effects associated with exposure to airborne particulates,

BEARING IN MIND ALSO the need to avoid, in so far as possible, taking measures for the achievement of the objectives of this Protocol that aggravate other health and environment-related problems,

NOTING that measures taken to reduce the emissions of nitrogen oxides and ammonia should involve consideration of the full biogeochemical nitrogen cycle and, so far as possible, not increase emissions of reactive nitrogen including nitrous oxide which could aggravate other nitrogen-related problems,

AWARE that methane and carbon monoxide emitted by human activities contribute, in the presence of nitrogen oxides and volatile organic compounds, to the formation of tropospheric ozone, and

AWARE ALSO of the commitments that Parties have assumed under the United Nations Framework Convention on Climate Change,

HAVE AGREED AS FOLLOWS:



Article 1

Definitions

For the purposes of the present Protocol,

1. 

‘Convention’ means the Convention on Long-range Transboundary Air Pollution, adopted at Geneva on 13 November 1979;

2. 

‘EMEP’ means the Cooperative Programme for Monitoring and Evaluation of Long-range Transmission of Air Pollutants in Europe;

3. 

‘Executive Body’ means the Executive Body for the Convention constituted under Article 10 (1) of the Convention;

4. 

‘Commission’ means the United Nations Economic Commission for Europe;

5. 

‘Parties’ means, unless the context otherwise requires, the Parties to the present Protocol;

6. 

‘Geographical scope of EMEP’ means the area defined in Article 1 (4) of the Protocol to the 1979 Convention on Long-range Transboundary Air Pollution on Long-term Financing of the Cooperative Programme for Monitoring and Evaluation of the Long-range Transmission of Air Pollutants in Europe (EMEP), adopted at Geneva on 28 September 1984;

7. 

‘Emission’ means the release of a substance from a point or diffuse source into the atmosphere;

8. 

‘Nitrogen oxides’ means nitric oxide and nitrogen dioxide, expressed as nitrogen dioxide (NO2);

9. 

‘Reduced nitrogen compounds’ means ammonia and its reaction products;

10. 

‘Sulphur’ means all sulphur compounds, expressed as sulphur dioxide (SO2);

11. 

‘Volatile organic compounds’, or ‘VOCs’, means, unless otherwise specified, all organic compounds of an anthropogenic nature, other than methane, that are capable of producing photochemical oxidants by reaction with nitrogen oxides in the presence of sunlight;

12. 

‘Critical load’ means a quantitative estimate of an exposure to one or more pollutants below which significant harmful effects on specified sensitive elements of the environment do not occur, according to present knowledge;

13. 

‘Critical levels’ means concentrations of pollutants in the atmosphere above which direct adverse effects on receptors, such as human beings, plants, ecosystems or materials, may occur, according to present knowledge;

14. 

‘Pollutant emissions management area’, or ‘PEMA’, means an area designated in Annex III under the conditions laid down in Article 3 (9);

15. 

‘Stationary source’ means any fixed building, structure, facility, installation or equipment that emits or may emit sulphur, nitrogen oxides, volatile organic compounds or ammonia directly or indirectly into the atmosphere;

16. 

‘New stationary source’ means any stationary source of which the construction or substantial modification is commenced after the expiry of one year from the date of entry into force of the present Protocol. It shall be a matter for the competent national authorities to decide whether a modification is substantial or not, taking into account such factors as the environmental benefits of the modification.

Article 2

Objective

The objective of the present Protocol is to control and reduce emissions of sulphur, nitrogen oxides, ammonia and volatile organic compounds that are caused by anthropogenic activities and are likely to cause adverse effects on human health, natural ecosystems, materials and crops, due to acidification, eutrophication or ground-level ozone as a result of long-range transboundary atmospheric transport, and to ensure, as far as possible, that in the long term and in a step-by-step approach, taking into account advances in scientific knowledge, atmospheric depositions or concentrations do not exceed:

(a) 

for Parties within the geographical scope of EMEP and Canada, the critical loads of acidity, as described in Annex I;

(b) 

for Parties within the geographical scope of EMEP, the critical loads of nutrient nitrogen, as described in Annex I;

(c) 

for ozone:

(i) 

for Parties within the geographical scope of EMEP, the critical levels of ozone, as given in Annex I;

(ii) 

for Canada, the Canada-wide Standard for ozone;

(iii) 

for the United States of America, the National Ambient Air Quality Standard for ozone.

Article 3

Basic obligations

1.  Each Party having an emission ceiling in any table in Annex II shall reduce and maintain the reduction in its annual emissions in accordance with that ceiling and the timescales specified in that Annex. Each Party shall, as a minimum, control its annual emissions of polluting compounds in accordance with the obligations in Annex II.

2.  Each Party shall apply the limit values specified in Annexes IV, V and VI to each new stationary source within a stationary source category as identified in those Annexes, no later than the timescales specified in Annex VII. As an alternative, a Party may apply different emission reduction strategies that achieve equivalent overall emission levels for all source categories together.

3.  Each Party shall, in so far as it is technically and economically feasible and taking into consideration the costs and advantages, apply the limit values specified in Annexes IV, V and VI to each existing stationary source within a stationary source category as identified in those Annexes, no later than the timescales specified in Annex VII. As an alternative, a Party may apply different emission reduction strategies that achieve equivalent overall emission levels for all source categories together or, for Parties outside the geographical scope of EMEP, that are necessary to achieve national or regional goals for acidification abatement and to meet national air quality standards.

4.  Limit values for new and existing boilers and process heaters with a rated thermal input exceeding 50 MWth and new heavy-duty vehicles shall be evaluated by the Parties at a session of the Executive Body with a view to amending Annexes IV, V and VIII no later than two years after the date of entry into force of the present Protocol.

5.  Each Party shall apply the limit values for the fuels and new mobile sources identified in Annex VIII, no later than the timescales specified in Annex VII.

6.  Each Party should apply the best available techniques to mobile sources and to each new or existing stationary source, taking into account guidance documents I to V adopted by the Executive Body at its seventeenth session (Decision 1999/1) and any amendments thereto.

7.  Each Party shall take appropriate measures based, inter alia, on scientific and economic criteria to reduce emissions of volatile organic compounds associated with the use of products not included in Annexes VI or VIII. The Parties shall, no later than at the second session of the Executive Body after the entry into force of the present Protocol, consider with a view to adopting an annex on products, including criteria for the selection of such products, limit values for the volatile organic compound content of products not included in Annex VI or VIII, as well as timescales for the application of the limit values.

8.  Each Party shall, subject to paragraph (10):

(a) 

apply, as a minimum, the ammonia control measures specified in Annex IX;

(b) 

apply, where it considers it appropriate, the best available techniques for preventing and reducing ammonia emissions, as listed in guidance document V adopted by the Executive Body at its seventeenth session (Decision 1999/ 1) and any amendments thereto.

9.  Paragraph (10) shall apply to any Party:

(a) 

whose total land area is greater than 2 million square kilometres;

(b) 

whose annual emissions of sulphur, nitrogen oxides, ammonia and/or volatile organic compounds contributing to acidification, eutrophication or ozone formation in areas under the jurisdiction of one or more other Parties originate predominantly from within an area under its jurisdiction that is listed as a PEMA in Annex III, and which has presented documentation in accordance with subparagraph (c) to this effect;

(c) 

which has submitted upon signature, ratification, acceptance or approval of, or accession to, the present Protocol a description of the geographical scope of one or more PEMAs for one or more pollutants, with supporting documentation, for inclusion in Annex III;

(d) 

which has specified upon signature, ratification, acceptance or approval of, or accession to, the present Protocol its intention to act in accordance with this paragraph.

10.  A Party to which this paragraph applies shall:

(a) 

if within the geographical scope of EMEP, be required to comply with the provisions of this Article and Annex II only within the relevant PEMA for each pollutant for which a PEMA within its jurisdiction is included in Annex III; or

(b) 

if not within the geographical scope of EMEP, be required to comply with the provisions of paragraphs (1), (2), (3), (5), (6) and (7) and Annex II, only within the relevant PEMA for each pollutant (nitrogen oxides, sulphur and/ or volatile organic compounds) for which a PEMA within its jurisdiction is included in Annex III, and shall not be required to comply with paragraph (8) anywhere within its jurisdiction.

11.  Canada and the United States of America shall, upon their ratification, acceptance or approval of, or accession to, the present Protocol, submit to the Executive Body their respective emission reduction commitments with respect to sulphur, nitrogen oxides and volatile organic compounds for automatic incorporation into Annex II.

12.  The Parties shall, subject to the outcome of the first review provided for under Article 10 (2), and no later than one year after completion of that review, commence negotiations on further obligations to reduce emissions.

Article 4

Exchange of information and technology

1.  Each Party shall, in a manner consistent with its laws, regulations and practices and in accordance with its obligations in the present Protocol, create favourable conditions to facilitate the exchange of information, technologies and techniques, with the aim of reducing emissions of sulphur, nitrogen oxides, ammonia and volatile organic compounds by promoting inter alia:

1. 

the development and updating of databases on best available techniques, including those that increase energy efficiency, low-emission burners and good environmental practice in agriculture;

2. 

the exchange of information and experience in the development of less polluting transport systems;

3. 

direct industrial contacts and cooperation, including joint ventures;

4. 

the provision of technical assistance.

2.  In promoting the activities specified in paragraph (1), each Party shall create favourable conditions for the facilitation of contacts and cooperation among appropriate organisations and individuals in the private and public sectors that are capable of providing technology, design and engineering services, equipment or finance.

Article 5

Public awareness

1.  Each Party shall, in a manner consistent with its laws, regulations and practices, promote the provision of information to the general public, including information on:

(a) 

national annual emissions of sulphur, nitrogen oxides, ammonia and volatile organic compounds and progress towards compliance with the national emission ceilings or other obligations referred to in Article 3;

(b) 

depositions and concentrations of the relevant pollutants and, where applicable, these depositions and concentrations in relation to critical loads and levels referred to in Article 2;

(c) 

levels of tropospheric ozone;

(d) 

strategies and measures applied or to be applied to reduce air pollution problems dealt with in the present Protocol and set out in Article 6.

2.  Furthermore, each Party may make information widely available to the public with a view to minimising emissions, including information on:

(a) 

less polluting fuels, renewable energy and energy efficiency, including their use in transport;

(b) 

volatile organic compounds in products, including labelling;

(c) 

management options for wastes containing volatile organic compounds that are generated by the public;

(d) 

good agricultural practices to reduce emissions of ammonia;

(e) 

health and environmental effects associated with the pollutants covered by the present Protocol;

(f) 

steps which individuals and industries may take to help reduce emissions of the pollutants covered by the present Protocol.

Article 6

Strategies, policies, programmes, measures and information

1.  Each Party shall, as necessary and on the basis of sound scientific and economic criteria, in order to facilitate the implementation of its obligations under Article 3:

(a) 

adopt supporting strategies, policies and programmes without undue delay after the present Protocol enters into force for it;

(b) 

apply measures to control and reduce its emissions of sulphur, nitrogen oxides, ammonia and volatile organic compounds;

(c) 

apply measures to encourage the increase of energy efficiency and the use of renewable energy;

(d) 

apply measures to decrease the use of polluting fuels;

(e) 

develop and introduce less polluting transport systems and promote traffic management systems to reduce overall emissions from road traffic;

(f) 

apply measures to encourage the development and introduction of low-polluting processes and products, taking into account guidance documents I to V adopted by the Executive Body at its seventeenth session (Decision 1999/1) and any amendments thereto;

(g) 

encourage the implementation of management programmes to reduce emissions, including voluntary programmes, and the use of economic instruments, taking into account guidance document VI adopted by the Executive Body at its seventeenth session (Decision 1999/ 1) and any amendments thereto;

(h) 

implement and further elaborate policies and measures in accordance with its national circumstances, such as the progressive reduction or phasing-out of market imperfections, fiscal incentives, tax and duty exemptions and subsidies in all sectors that emit sulphur, nitrogen oxides, ammonia and volatile organic compounds which run counter to the objective of the Protocol, and apply market instruments;

(i) 

apply measures, where cost-effective, to reduce emissions from waste products containing volatile organic compounds.

2.  Each Party shall collect and maintain information on:

(a) 

actual levels of emissions of sulphur, nitrogen compounds and volatile organic compounds, and of ambient concentrations and depositions of these compounds and ozone, taking into account, for those Parties within the geographical scope of EMEP, the work plan of EMEP;

(b) 

the effects of ambient concentrations and of the deposition of sulphur, nitrogen compounds, volatile organic compounds and ozone on human health, terrestrial and aquatic ecosystems and materials.

3.  Any Party may take more stringent measures than those required by the present Protocol.

Article 7

Reporting

1.  Subject to its laws and regulations and in accordance with its obligations under the present Protocol:

(a) 

each Party shall report, through the Executive Secretary of the Commission, to the Executive Body, on a periodic basis as determined by the Parties at a session of the Executive Body, information on the measures that it has taken to implement the present Protocol. Moreover:

(i) 

where a Party applies different emission-reduction strategies under Article 3 (2) and (3), it shall document the strategies applied and its compliance with the requirements of those paragraphs;

(ii) 

where a Party judges certain limit values, as specified in accordance with Article 3 (3), not to be technically and economically feasible, taking into consideration the costs and advantages, it shall report and justify this;

(b) 

each Party within the geographical scope of EMEP shall report, through the Executive Secretary of the Commission, to EMEP, on a periodic basis to be determined by the Steering Body of EMEP and approved by the Parties at a session of the Executive Body, the following information:

(i) 

levels of emissions of sulphur, nitrogen oxides, ammonia and volatile organic compounds using, as a minimum, the methodologies and the temporal and spatial resolution specified by the Steering Body of EMEP;

(ii) 

levels of emissions of each substance in the reference year (1990) using the same methodologies and temporal and spatial resolution;

(iii) 

data on projected emissions and current reduction plans;

(iv) 

where it deems it appropriate, any exceptional circumstances justifying emissions that are temporarily higher than the ceilings established for it for one or more pollutants;

(c) 

parties in areas outside the geographical scope of EMEP shall make available information similar to that specified in subparagraph (b), if requested to do so by the Executive Body.

2.  The information to be reported in accordance with paragraph (1)(a) shall be in conformity with a decision regarding format and content to be adopted by the Parties at a session of the Executive Body. The terms of this decision shall be reviewed as necessary to identify any additional elements regarding the format or the content of the information that is to be included in the reports.

3.  In good time before each annual session of the Executive Body, EMEP shall provide information on:

(a) 

ambient concentrations and depositions of sulphur and nitrogen compounds as well as, where available, ambient concentrations of volatile organic compounds and ozone;

(b) 

calculations of sulphur and oxidised and reduced-nitrogen budgets and relevant information on the long-range transport of ozone and its precursors.

Parties in areas outside the geographical scope of EMEP shall make available similar information if requested to do so by the Executive Body.

4.  The Executive Body shall, in accordance with Article 10 (2)(b), of the Convention, arrange for the preparation of information on the effects of depositions of sulphur and nitrogen compounds and concentrations of ozone.

5.  The Parties shall, at sessions of the Executive Body, arrange for the preparation, at regular intervals, of revised information on calculated and internationally optimised allocations of emission reductions for the States within the geographical scope of EMEP, using integrated assessment models, including atmospheric transport models, with a view to reducing further, for the purposes of Article 3 (1), the difference between actual depositions of sulphur and nitrogen compounds and critical load values as well as the difference between actual ozone concentrations and the critical levels of ozone specified in Annex I, or such alternative assessment methods as approved by the Parties at a session of the Executive Body.

Article 8

Research, development and monitoring

The Parties shall encourage research, development, monitoring and cooperation related to:

(a) 

the international harmonisation of methods for the calculation and assessment of the adverse effects associated with the substances addressed by the present Protocol for use in establishing critical loads and critical levels and, as appropriate, the elaboration of procedures for such harmonisation;

(b) 

the improvement of emission databases, in particular those on ammonia and volatile organic compounds;

(c) 

the improvement of monitoring techniques and systems and of the modelling of transport, concentrations and depositions of sulphur, nitrogen compounds and volatile organic compounds, as well as of the formation of ozone and secondary particulate matter;

(d) 

the improvement of the scientific understanding of the long-term fate of emissions and their impact on the hemispheric background concentrations of sulphur, nitrogen, volatile organic compounds, ozone and particu-late matter, focusing, in particular, on the chemistry of the free troposphere and the potential for intercontinental flow of pollutants;

(e) 

the further elaboration of an overall strategy to reduce the adverse effects of acidification, eutrophication and photochemical pollution, including synergisms and combined effects;

(f) 

strategies for the further reduction of emissions of sulphur, nitrogen oxides, ammonia and volatile organic compounds based on critical loads and critical levels as well as on technical developments, and the improvement of integrated assessment modelling to calculate internationally optimised allocations of emission reductions taking into account the need to avoid excessive costs for any Party. Special emphasis should be given to emissions from agriculture and transport;

(g) 

the identification of trends over time and the scientific understanding of the wider effects of sulphur, nitrogen and volatile organic compounds and photochemical pollution on human health, including their contribution to concentrations of particulate matter, the environment, in particular acidification and eutrophication, and materials, especially historic and cultural monuments, taking into account the relationship between sulphur oxides, nitrogen oxides, ammonia, volatile organic compounds and tropospheric ozone;

(h) 

emission abatement technologies, and technologies and techniques to improve energy efficiency, energy conservation and the use of renewable energy;

(i) 

the efficacy of ammonia control techniques for farms and their impact on local and regional deposition;

(j) 

the management of transport demand and the development and promotion of less polluting modes of transport;

(k) 

the quantification and, where possible, economic evaluation of benefits for the environment and human health resulting from the reduction of emissions of sulphur, nitrogen oxides, ammonia and volatile organic compounds;

(l) 

the development of tools for making the methods and results of this work widely applicable and available.

Article 9

Compliance

Compliance by each Party with its obligations under the present Protocol shall be reviewed regularly. The Implementation Committee established by Decision 1997/2 of the Executive Body at its fifteenth session shall carry out such reviews and report to the Parties at a session of the Executive Body in accordance with the terms of the Annex to that Decision, including any amendments thereto.

Article 10

Reviews by the Parties at sessions of the Executive Body

1.  The Parties shall, at sessions of the Executive Body, pursuant to Article 10 (2)(a), of the Convention, review the information supplied by the Parties, EMEP and subsidiary bodies of the Executive Body, the data on the effects of concentrations and depositions of sulphur and nitrogen compounds and of photochemical pollution as well as the reports of the Implementation Committee referred to in Article 9.

2.  

(a) 

The Parties shall, at sessions of the Executive Body, keep under review the obligations set out in the present Protocol, including:

(i) 

their obligations in relation to their calculated and internationally optimised allocations of emission reductions referred to in Article 7 (5);

(ii) 

the adequacy of the obligations and the progress made towards the achievement of the objective of the present Protocol;

(b) 

Reviews shall take into account the best available scientific information on the effects of acidification, eutrophication and photochemical pollution, including assessments of all relevant health effects, critical levels and loads, the development and refinement of integrated assessment models, technological developments, changing economic conditions, progress made on the databases on emissions and abatement techniques, especially related to ammonia and volatile organic compounds, and the fulfilment of the obligations on emission levels;

(c) 

The procedures, methods and timing for such reviews shall be specified by the Parties at a session of the Executive Body. The first such review shall commence no later than one year after the present Protocol enters into force.

Article 11

Settlement of disputes

1.  In the event of a dispute between any two or more Parties concerning the interpretation or application of the present Protocol, the parties concerned shall seek a settlement of the dispute through negotiation or any other peaceful means of their own choice. The parties to the dispute shall inform the Executive Body of their dispute.

2.  When ratifying, accepting, approving or acceding to the present Protocol, or at any time thereafter, a Party which is not a regional economic integration organisation may declare in a written instrument submitted to the Depositary that, in respect of any dispute concerning the interpretation or application of the Protocol, it recognises one or both of the following means of dispute settlement as compulsory ipso facto and without special agreement, in relation to any Party accepting the same obligation:

(a) 

submission of the dispute to the International Court of Justice;

(b) 

arbitration in accordance with procedures to be adopted by the Parties at a session of the Executive Body, as soon as practicable, in an annex on arbitration.

A Party which is a regional economic integration organisation may make a declaration with like effect in relation to arbitration in accordance with the procedures referred to in subparagraph (b).

3.  A declaration made under paragraph (2) shall remain in force until it expires in accordance with its terms or until three months after written notice of its revocation has been deposited with the Depositary.

4.  A new declaration, a notice of revocation or the expiry of a declaration shall not in any way affect proceedings pending before the International Court of Justice or the arbitral tribunal, unless the parties to the dispute agree otherwise.

5.  Except in a case where the parties to a dispute have accepted the same means of dispute settlement under paragraph (2), if after 12 months following notification by one party to another that a dispute exists between them, the parties concerned have not been able to settle their dispute through the means mentioned in paragraph (1), the dispute shall be submitted, at the request of any of the parties to the dispute, to conciliation.

6.  For the purpose of paragraph (5), a conciliation commission shall be created. The commission shall be composed of an equal number of members appointed by each party concerned or, where parties in conciliation share the same interest, by the group sharing that interest, and a chairperson chosen jointly by the members so appointed. The commission shall render a recommendatory award, which the parties to the dispute shall consider in good faith.

Article 12

Annexes

The Annexes to the present Protocol shall form an integral part of the Protocol.

Article 13

Amendments and adjustments

1.  Any Party may propose amendments to the present Protocol. Any Party to the Convention may propose an adjustment to Annex II to the present Protocol to add to it its name, together with emission levels, emission ceilings and percentage emission reductions.

2.  Proposed amendments and adjustments shall be submitted in writing to the Executive Secretary of the Commission, who shall communicate them to all Parties. The Parties shall discuss the proposed amendments and adjustments at the next session of the Executive Body, provided that those proposals have been circulated by the Executive Secretary to the Parties at least 90 days in advance.

3.  Amendments to the present Protocol, including amendments to Annexes II to IX, shall be adopted by consensus of the Parties present at a session of the Executive Body, and shall enter into force for the Parties which have accepted them on the 90th day after the date on which two thirds of the Parties have deposited with the Depositary their instruments of acceptance thereof. Amendments shall enter into force for any other Party on the 90th day after the date on which that Party has deposited its instrument of acceptance thereof.

4.  Amendments to the Annexes to the present Protocol, other than to the Annexes referred to in paragraph 3, shall be adopted by consensus of the Parties present at a session of the Executive Body. On the expiry of 90 days from the date of its communication to all Parties by the Executive Secretary of the Commission, an amendment to any such Annex shall become effective for those Parties which have not submitted to the Depositary a notification in accordance with the provisions of paragraph (5), provided that at least 16 Parties have not submitted such a notification.

5.  Any Party that is unable to approve an amendment to an Annex, other than to an Annex referred to in paragraph (3), shall so notify the Depositary in writing within 90 days from the date of the communication of its adoption. The Depositary shall without delay notify all Parties of any such notification received. A Party may at any time substitute an acceptance for its previous notification and, upon deposit of an instrument of acceptance with the Depositary, the amendment to such an Annex shall become effective for that Party.

6.  Adjustments to Annex II shall be adopted by consensus of the Parties present at a session of the Executive Body and shall become effective for all Parties to the present Protocol on the 90th day following the date on which the Executive Secretary of the Commission notifies those Parties in writing of the adoption of the adjustment.

Article 14

Signature

1.  The present Protocol shall be open for signature at Gothenburg (Sweden) on 30 November and 1 December 1999, then at United Nations Headquarters in New York until 30 May 2000, by States members of the Commission as well as States having consultative status with the Commission, pursuant to paragraph 8 of Economic and Social Council Resolution 36 (IV) of 28 March 1947, and by regional economic integration organisations, constituted by sovereign States members of the Commission, which have competence in respect of the negotiation, conclusion and application of international agreements in matters covered by the Protocol, provided that the States and organisations concerned are Parties to the Convention and are listed in Annex II.

2.  In matters within their competence, such regional economic integration organisations shall, on their own behalf, exercise the rights and fulfil the responsibilities which the present Protocol attributes to their Member States. In such cases, the Member States of these organisations shall not be entitled to exercise such rights individually.

Article 15

Ratification, acceptance, approval and accession

1.  The present Protocol shall be subject to ratification, acceptance or approval by Signatories.

2.  The present Protocol shall be open for accession as from 31 May 2000 by the States and organisations that meet the requirements of Article 14 (1).

3.  The instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary.

Article 16

Depositary

The Secretary-General of the United Nations shall be the Depositary.

Article 17

Entry into force

1.  The present Protocol shall enter into force on the 90th day following the date on which the 16th instrument of ratification, acceptance, approval or accession has been deposited with the Depositary.

2.  For each State and organisation that meets the requirements of Article 14 (1), which ratifies, accepts or approves the present Protocol or accedes thereto after the deposit of the 16th instrument of ratification, acceptance, approval or accession, the Protocol shall enter into force on the 90th day following the date of deposit by such Party of its instrument of ratification, acceptance, approval or accession.

Article 18

Withdrawal

At any time after five years from the date on which the present Protocol has come into force with respect to a Party, that Party may withdraw from it by giving written notification to the Depositary. Any such withdrawal shall take effect on the 90th day following the date of its receipt by the Depositary, or on such later date as may be specified in the notification of the withdrawal.

Article 19

Authentic texts

The original of the present Protocol, of which the English, French and Russian texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

ANNEX I

CRITICAL LOADS AND LEVELS

I.   CRITICAL LOADS OF ACIDITY

A.   For Parties within the geographical scope of EMEP

1. Critical loads (as defined in Article 1) of acidity for ecosystems are determined in accordance with the Convention's Manual on methodologies and criteria for mapping critical levels/loads and geographical areas where they are exceeded. They are the maximum amount of acidifying deposition an ecosystem can tolerate in the long term without being damaged. Critical loads of acidity in terms of nitrogen take account of nitrogen removal processes within an ecosystem (e.g. uptake by plants). Critical loads of acidity in terms of sulphur do not. A combined sulphur and nitrogen critical load of acidity considers nitrogen only when the nitrogen deposition is greater than the ecosystem nitrogen-removal processes. All critical loads reported by Parties are summarised for use in the integrated assessment modelling employed to provide guidance for setting the emission ceilings in Annex II.

B.   For Parties in North America

2. For eastern Canada, critical sulphur plus nitrogen loads for forested ecosystems have been determined with scientific methodologies and criteria (1997 Canadian Acid Rain Assessment) similar to those in the Convention's Manual on methodologies and criteria for mapping critical levels/loads and geographical areas where they are exceeded. Eastern Canada critical-load values (as defined in Article 1) of acidity are for sulphate in precipitation expressed in kg/ha/year. Alberta in western Canada, where deposition levels are currently below the environmental limits, has adopted the generic critical-load classification systems used for soils in Europe for potential acidity. Potential acidity is defined by subtracting the total (both wet and dry) deposition of base cations from that of sulphur and nitrogen. In addition to critical loads for potential acidity, Alberta has established target and monitoring loads for managing acidifying emissions.

3. For the United States of America, the effects of acidification are evaluated through an assessment of the sensitivity of ecosystems, the total loading within ecosystems of acidifying compounds and the uncertainty associated with nitrogen-removal processes within ecosystems.

4. These loads and effects are used in integrated assessment modelling and provide guidance for setting the emission ceilings and/or reductions for Canada and the United States of America in Annex II.

II.   CRITICAL LOADS OF NUTRIENT NITROGEN

For Parties within the geographical scope of EMEP

5. Critical loads (as defined in Article 1) of nutrient nitrogen (eutrophication) for ecosystems are determined in accordance with the Convention's Manual on methodologies and criteria for mapping critical levels/loads and geographical areas where they are exceeded. They are the maximum amount of eutrophying nitrogen deposition an ecosystem can tolerate in the long term without being damaged. All critical loads reported by Parties are summarised for use in the integrated assessment modelling employed to provide guidance for setting the emission ceilings in Annex II.

III.   CRITICAL LEVELS OF OZONE

A.   For Parties within the geographical scope of EMEP

6. Critical levels (as defined in Article 1) of ozone are determined to protect plants in accordance with the Convention's Manual on methodologies and criteria for mapping critical levels/loads and geographical areas where they are exceeded. They are expressed as a cumulative exposure over a threshold ozone concentration of 40 ppb (parts per billion by volume). This exposure index is referred to as AOT40 (accumulated exposure over a threshold of 40 ppb). The AOT40 is calculated as the sum of the differences between the hourly concentration (in ppb) and 40 ppb for each hour when the concentration exceeds 40 ppb.

7. The long-term critical level of ozone for crops of an AOT40 of 3 000 ppb.hours for May to July (used as a typical growing season) and for daylight hours was used to define areas at risk where the critical level is exceeded. A specific reduction of exceedances was targeted in the integrated assessment modelling undertaken for the present Protocol to provide guidance for setting the emission ceilings in Annex II. The long-term critical level of ozone for crops is considered also to protect other plants such as trees and natural vegetation. Further scientific work is under way to develop a more differentiated interpretation of exceedances of critical levels of ozone for vegetation.

8. A critical level of ozone for human health is represented by the WHO Air Quality Guideline level for ozone of 120 μg/m3 as an eight-hour average. In collaboration with the World Health Organisation's Regional Office for Europe (WHO/EURO), a critical level expressed as an AOT60 (accumulated exposure over a threshold of 60 ppb), i.e. 120 μg/m3, calculated over one year, was adopted as a surrogate for the WHO Air Quality Guideline for the purpose of integrated assessment modelling. This was used to define areas at risk where the critical level is exceeded. A specific reduction of these exceedances was targeted in the integrated assessment modelling undertaken for the present Protocol to provide guidance for setting the emission ceilings in Annex II.

B.   For Parties in North America

9. For Canada, critical levels of ozone are determined to protect human health and the environment and are used to establish a Canada-wide Standard for ozone. The emission ceilings in Annex II are defined according to the ambition level required to achieve the Canada-wide Standard for ozone.

10. For the United States of America, critical levels of ozone are determined to protect public health with an adequate margin of safety, to protect public welfare from any known or expected adverse effects, and are used to establish a National Ambient Air Quality Standard. Integrated assessment modelling and the Air Quality Standard are used in providing guidance for setting the emission ceilings and/or reductions for the United States of America in Annex II.

ANNEX II

EMISSION CEILINGS

The emission ceilings listed in the tables below relate to the provisions of Article 3 (1) and (10), of the present Protocol. The 1980 and 1990 emission levels and the percentage emission reductions listed are given for information purposes only.



Table 1.  Emission ceilings for sulphur (thousands of tonnes of SO2 per year)

Party

Emission levels

Emission ceilings

2010

Percentage emission reductions for 2010

(base year 1990)

1980

1990

Armenia

141

73

73

0 %

Austria

400

91

39

-57 %

Belarus

740

637

480

-25 %

Belgium

828

372

106

-72 %

Bulgaria

2 050

2 008

856

-57 %

Canada national ()

4 643

3 236

 

 

PEMA (SOMA)

3 135

1 873

 

 

Croatia

150

180

70

-61 %

Czech Republic

2 257

1 876

283

-85 %

Denmark

450

182

55

-70 %

Finland

584

260

116

-55 %

France

3 208

1 269

400

-68 %

Germany

7 514

5 313

550

-90 %

Greece

400

509

546

7 %

Hungary

1 633

1 010

550

-46 %

Ireland

222

178

42

-76 %

Italy

3 757

1 651

500

-70 %

Latvia

119

107

-10 %

Liechtenstein

0,39

0,15

0,11

-27 %

Lithuania

311

222

145

-35 %

Luxembourg

24

15

4

-73 %

Netherlands

490

202

50

-75 %

Norway

137

53

22

-58 %

Poland

4 100

3 210

1 397

-56 %

Portugal

266

362

170

-53 %

Republic of Moldova

308

265

135

-49 %

Romania

1 055

1 311

918

-30 %

Russian Federation ()

7 161

4 460

 

 

PEMA

1 062

1 133

635

-44 %

Slovakia

780

543

110

-80 %

Slovenia

235

194

27

-86 %

Spain ()

2 959

2 182

774

-65 %

Sweden

491

119

67

-44 %

Switzerland

116

43

26

-40 %

Ukraine

3 849

2 782

1 457

-48 %

United Kingdom

4 863

3 731

625

-83 %

United States of America ()

 

 

 

 

European Community

26 456

16 436

4 059

-75 %

(1)   Upon ratification, acceptance or approval of, or accession to, the present Protocol, Canada shall submit an emission ceiling for sulphur, either at a national level or for its PEMA, and will endeavour to provide a ceiling for 2010. The PEMA for sulphur will be the sulphur oxides management area (SOMA) that was designated pursuant to Annex III to the Protocol on Further Reduction of Sulphur Emissions adopted at Oslo on 14 June 1994 as the south-east Canada SOMA. This is an area of 1 million km2 which includes all the territory of the provinces of Prince Edward Island, Nova Scotia and New Brunswick, all the territory of the province of Quebec south of a straight line between Havre-St. Pierre on the north coast of the Gulf of Saint Lawrence and the point where the Quebec-Ontario boundary intersects the James Bay coastline, and all the territory of the province of Ontario south of a straight line between the point where the Ontario-Quebec boundary intersects the James Bay coastline and Nipigon River near the north shore of Lake Superior.

(2)   Figures apply to the European part within the EMEP area.

(3)   Upon ratification, acceptance or approval of, or accession to, the present Protocol, the United States of America shall provide for inclusion in this Annex: (a) specific emission reduction measures applicable to mobile and stationary sources of sulphur to be applied either nationally or within a PEMA if it has submitted a PEMA for sulphur for inclusion in Annex III; (b) a value for total estimated sulphur emission levels for 1990, either national or for the PEMA; (c) an indicative value for total sulphur emission levels for 2010, either national or for the PEMA; and (d) associated estimates of the percentage reduction in sulphur emissions. Item (b) will be included in the table and items (a), (c) and (d) will be included in a footnote to the table.



Table 2.  Emission ceilings for nitrogen oxides (thousands of tonnes of NO2 per year)

Party

Emission levels

1990

Emission ceilings

2010

Percentage emission reductions for 2010

(base year 1990)

Armenia

46

46

0 %

Austria

194

107

-45 %

Belarus

285

255

-11 %

Belgium

339

181

-47 %

Bulgaria

361

266

-26 %

Canada ()

2 104

 

 

Croatia

87

87

0 %

Czech Republic

742

286

-61 %

Denmark

282

127

-55 %

Finland

300

170

-43 %

France

1 882

860

-54 %

Germany

2 693

1 081

-60 %

Greece

343

344

0 %

Hungary

238

198

-17 %

Ireland

115

65

-43 %

Italy

1 938

1 000

-48 %

Latvia

93

84

-10 %

Liechtenstein

0,63

0,37

-41 %

Lithuania

158

110

-30 %

Luxembourg

23

11

-52 %

Netherlands

580

266

-54 %

Norway

218

156

-28 %

Poland

1 280

879

-31 %

Portugal

348

260

-25 %

Republic of Moldova

100

90

-10 %

Romania

546

437

-20 %

Russian Federation ()

3 600

 

 

PEMA

360

265

-26 %

Slovakia

225

130

-42 %

Slovenia

62

45

-27 %

Spain ()

1 113

847

-24 %

Sweden

338

148

-56 %

Switzerland

166

79

-52 %

Ukraine

1 888

1 222

-35 %

United Kingdom

2 673

1 181

-56 %

United States of America ()

 

 

 

European Community

13 161

6 671

-49 %

(1)   Upon ratification, acceptance or approval of, or accession to, the present Protocol, Canada shall submit 1990 emission levels and 2010 emission ceilings for nitrogen oxides, either at a national level or for its PEMA for nitrogen oxides, if it has submitted one.

(2)   Figures apply to the European part within the EMEP area.

(3)   Upon ratification, acceptance or approval of, or accession to, the present Protocol, the United States of America shall provide for inclusion in this Annex: (a) specific emission reduction measures applicable to mobile and stationary sources of nitrogen oxides to be applied either nationally or within a PEMA if it has submitted a PEMA for nitrogen oxides for inclusion in Annex III; (b) a value for total estimated nitrogen oxide emission levels for 1990, either national or for the PEMA; (c) an indicative value for total nitrogen oxide emission levels for 2010, either national or for the PEMA; and (d) associated estimates of the percentage reduction in nitrogen oxide emissions. Item (b) will be included in the table and items (a), (c) and (d) will be included in a footnote to the table.



Table 3.  Emission ceilings for ammonia (thousands of tonnes of NH3 per year)

Party

Emission levels

1990

Emission ceilings

2010

Percentage emission reductions for2010

(base year 1990)

Armenia

25

25

0 %

Austria

81

66

-19 %

Belarus

219

158

-28 %

Belgium

107

74

-31 %

Bulgaria

144

108

-25 %

Croatia

37

30

-19 %

Czech Republic

156

101

-35 %

Denmark

122

69

-43 %

Finland

35

31

-11 %

France

814

780

-4 %

Germany

764

550

-28 %

Greece

80

73

-9 %

Hungary

124

90

-27 %

Ireland

126

116

-8 %

Italy

466

419

-10 %

Latvia

44

44

0 %

Liechtenstein

0,15

0,15

0 %

Lithuania

84

84

0 %

Luxembourg

7

7

0 %

Netherlands

226

128

-43 %

Norway

23

23

0 %

Poland

508

468

-8 %

Portugal

98

108

10 %

Republic of Moldova

49

42

-14 %

Romania

300

210

-30 %

Russian Federation ()

1 191

 

 

PEMA

61

49

-20 %

Slovakia

62

39

-37 %

Slovenia

24

20

-17 %

Spain ()

351

353

1 %

Sweden

61

57

-7 %

Switzerland

72

63

-13 %

Ukraine

729

592

-19 %

United Kingdom

333

297

-11 %

European Community

3 671

3 129

-15 %

(1)   Figures apply to the European part within the EMEP area.



Table 4.  Emission ceilings for volatile organic compounds (thousands of tonnes of VOC per year)

Party

Emission levels

1990

Emission ceilings

2010

Percentage emission reductions for 2010

(base year 1990)

Armenia

81

81

0 %

Austria

351

159

-55 %

Belarus

533

309

-42 %

Belgium

324

144

-56 %

Bulgaria

217

185

-15 %

Canada ()

2 880

 

 

Croatia

105

90

-14 %

Czech Republic

435

220

-49 %

Denmark

178

85

-52 %

Finland

209

130

-38 %

France

2 957

1 100

-63 %

Germany

3 195

995

-69 %

Greece

373

261

-30 %

Hungary

205

137

-33 %

Ireland

197

55

-72 %

Italy

2 213

1 159

-48 %

Latvia

152

136

-11 %

Liechtenstein

1,56

0,86

-45 %

Lithuania

103

92

-11 %

Luxembourg

20

9

-55 %

Netherlands

502

191

-62 %

Norway

310

195

-37 %

Poland

831

800

-4 %

Portugal

640

202

-68 %

Republic of Moldova

157

100

-36 %

Romania

616

523

-15 %

Russian Federation ()

3 566

 

 

PEMA

203

165

-19 %

Slovakia

149

140

-6 %

Slovenia

42

40

-5 %

Spain ()

1 094

669

-39 %

Sweden

526

241

-54 %

Switzerland

292

144

-51 %

Ukraine

1 369

797

-42 %

United Kingdom

2 555

1 200

-53 %

United States of America ()

 

 

 

European Community

15 353

6 600

-57 %

(1)   Upon ratification, acceptance or approval of, or accession to, the present Protocol, Canada shall submit 1990 emission levels and 2010 emission ceilings for volatile organic compounds, either at a national level or for its PEMA for volatile organic compounds, if it has submitted one.

(2)   Figures apply to the European part within the EMEP area.

(3)   Upon ratification, acceptance or approval of, or accession to, the present Protocol, the United States of America shall provide for inclusion in this Annex: (a) specific emission reduction measures applicable to mobile and stationary sources of volatile organic compounds to be applied either nationally or within a PEMA if it has submitted a PEMA for volatile organic compounds for inclusion in Annex III; (b) a value for total estimated volatile organic compound emission levels for 1990, either national or for the PEMA; (c) an indicative value for total volatile organic compound emission levels for 2010, either national or for the PEMA; and (d) associated estimates of the percentage reduction in volatile organic compound emissions. Item (b) will be included in the table and items (a), (c) and (d) will be included in a footnote to the table.

ANNEX III

DESIGNATED POLLUTANT EMISSIONS MANAGEMENT AREA (PEMA)

The following PEMA is listed for the purpose of the present Protocol:

Russian Federation PEMA

This is the area of Murmansk oblast, the Republic of Karelia, Leningrad oblast (including St. Petersburg), Pskov oblast, Novgorod oblast and Kaliningrad oblast. The boundary of the PEMA coincides with the State and administrative boundaries of these constituent entities of the Russian Federation.

ANNEX IV

LIMIT VALUES FOR EMISSIONS OF SULPHUR FROM STATIONARY SOURCES

1.

Section A applies to Parties other than Canada and the United States of America, section B applies to Canada and section C applies to the United States of America.

A.

Parties other than Canada and the United States of America

2. For the purpose of section A, except Table 2 and paragraphs (11) and (12), limit value means the quantity of a gaseous substance contained in the waste gases from an installation that is not to be exceeded. Unless otherwise specified, it shall be calculated in terms of mass of pollutant per volume of the waste gases (expressed as Mg/ m3), assuming standard conditions for temperature and pressure for dry gas (volume at 273,15 K, 101,3 kPa). With regard to the oxygen content of the exhaust gas, the values given in the tables below for each source category shall apply. Dilution for the purpose of lowering concentrations of pollutants in waste gases is not permitted. Start-up, shutdown and maintenance of equipment are excluded.

3. Emissions shall be monitored in all cases ( 2 ). Compliance with limit values shall be verified. The methods of verification can include continuous or discontinuous measurements, type approval, or any other technically sound method.

4. Sampling and analysis of pollutants, as well as reference measurement methods to calibrate any measurement system, shall be carried out in accordance with the standards laid down by the European Committee for Standardisation (CEN) or by the International Organisation for Standardisation (ISO). While awaiting the development of CEN or ISO standards, national standards shall apply.

5. Measurements of emissions should be carried out continuously when emissions of SO2 exceed 75 kg/h.

6. In the case of continuous measurement for new plants, compliance with the emission standards is achieved if the calculated daily mean values do not exceed the limit value and if no hourly value exceeds the limit value by 100 %.

7. In the case of continuous measurements for existing plants, compliance with the emission standards is achieved if (a) none of the monthly mean values exceeds the limit values; and (b) 97 % of all the 48-hour mean values do not exceed 110 % of the limit values.

8. In the case of discontinuous measurements, as a minimum requirement, compliance with the emission standards is achieved if the mean value based on an appropriate number of measurements under representative conditions does not exceed the value of the emission standard.

9. Boilers and process heaters with a rated thermal input exceeding 50 Mwth:



Table 1.  Limit values for SOx emissions released from boilers ()

 

Thermal input

(MWth)

Limit value ()

(mg SO2/Nm3)

Alternative for domestic solid fuels removal efficiency

Solid and liquid fuels, new installations

50-100

850

90 % ()

100-300

850 - 200 ()

(linear decrease)

92 % ()

> 300

200 ()

95 % ()

Solid fuels, existing installations

50-100

2 000

 

100-500

2 000 -400

(linear decrease)

 

> 500

400

 

50-150

 

40 %

150-500

 

40-90 %

(linear increase)

> 500

 

90 %

Liquid fuels, existing installations

50-300

1 700

 

300-500

1 700 -400

(linear decrease)

 

> 500

400

 

Gaseous fuels in general, new and existing installations

 

35

 

Liquefied gas, new and existing installations

 

5

 

Low-calorific-value gases (e.g. gasification of refinery residues or combustion of coke oven gas)

 

new 400

existing 800

 

Blast-furnace gas

 

new 200

existing 800

 

New combustion plant in refineries (average of all new combustion installations)

> 50

(total refinery capacity)

600

 

Existing combustion plant in refineries (average of all existing combustion installations)

 

1 000

 

(1)   

In particular, the limit values shall not apply to:

— plants in which the products of combustion are used for direct heating, drying, or any other treatment of objects or materials, e.g. reheating furnaces, furnaces for heat treatment,

— post-combustion plants, i.e. any technical apparatus designed to purify the waste gases by combustion that is not operated as an independent combustion plant,

— facilities for the regeneration of catalytic cracking catalysts;,

— facilities for the conversion of hydrogen sulphide into sulphur,

— reactors used in the chemical industry,

— coke battery furnaces,

— cowpers,

— waste incinerators,

— plants powered by diesel, petrol or gas engines or by combustion turbines, irrespective of the fuel used.

(2)   The O2 reference content is 6 % for solid fuels and 3 % for others.

(3)   400 with heavy fuel oil S < 0,25 %.

(4)   If an installation reaches 300 Mg/Nm3 SO2, it may be exempted from applying the removal efficiency.

10 Gas oil:



Table 2.  Limit values for the sulphur content of gas oil ()

 

Sulphur content (per cent by weight)

Gas oil

< 0,2 after 1 July 2000

< 0,1 after 1 January 2008

(1)   ‘Gas oil’ means any petroleum product within HS 2710, or any petroleum product which, by reason of its distillation limits, falls within the category of middle distillates intended for use as fuel and of which at least 85 % by volume, including distillation losses, distils at 350 °C. Fuels used in on-road and non-road vehicles and agricultural tractors are excluded from this definition. Gas oil intended for marine use is included in the definition if it meets the description above or it has a viscosity or density falling within the ranges of viscosity or density defined for marine distillates in Table I of ISO 8217 (1996).

11. Claus plant: for a plant that produces more than 50 Mg of sulphur a day:

(a) 

sulphur recovery 99,5 % for new plant;

(b) 

sulphur recovery 97 % for existing plant.

12. Titanium dioxide production: in new and existing installations, discharges arising from digestion and calcination steps in the manufacture of titanium dioxide shall be reduced to a value of not more than 10 kg of SO2- equivalent per Mg of titanium dioxide produced.

B.

Canada

13. Limit values for controlling emissions of sulphur dioxide from new stationary sources in the following stationary source category will be determined on the basis of available information on control technology and levels including limit values applied in other countries and the following document: Canada Gazette, Part I. Department of the Environment. Thermal Power Generation Emissions — National Guidelines for New Stationary Sources. May 15, 1993, pp. 1633-1638.

C.

United States of America

14. Limit values for controlling emissions of sulphur dioxide from new stationary sources in the following stationarysource categories are specified in the following documents:

(1) 

Electric Utility Steam Generating Units — 40 Code of Federal Regulations (C.F.R.) Part 60, Subpart D, and Subpart Da;

(2) 

Industrial-Commercial-Institutional Steam Generating Units — 40 C.F.R. Part 60, Subpart Db, and Subpart Dc;

(3) 

Sulphuric Acid Plants — 40 C.F.R. Part 60, Subpart H;

(4) 

Petroleum Refineries — 40 C.F.R. Part 60, Subpart J;

(5) 

Primary Copper Smelters — 40 C.F.R. Part 60, Subpart P;

(6) 

Primary Zinc Smelters — 40 C.F.R. Part 60, Subpart Q;

(7) 

Primary Lead Smelters — 40 C.F.R. Part 60, Subpart R;

(8) 

Stationary Gas Turbines — 40 C.F.R. Part 60, Subpart GG;

(9) 

Onshore Natural Gas Processing — 40 C.F.R. Part 60, Subpart LLL;

(10) 

Municipal Waste Combustors — 40 C.F.R. Part 60, Subpart Ea, and Subpart Eb;

(11) 

Hospital/Medical/Infectious Waste Incinerators — 40 C.F.R. Part 60, Subpart Ec.

ANNEX V

LIMIT VALUES FOR EMISSIONS OF NITROGEN OXIDES FROM STATIONARY SOURCES

1.

Section A applies to Parties other than Canada and the United States of America, section B applies to Canada and section C applies to the United States of America.

A.

Parties other than Canada and the United States of America

2. For the purpose of section A, limit value means the quantity of a gaseous substance contained in the waste gases from an installation that is not to be exceeded. Unless otherwise specified, it shall be calculated in terms of mass of pollutant per volume of the waste gases (expressed as mg/m3), assuming standard conditions for temperature and pressure for dry gas (volume at 273,15 K, 101,3 kPa). With regard to the oxygen content of exhaust gas, the values given in the tables below for each source category shall apply. Dilution for the purpose of lowering concentrations of pollutants in waste gases is not permitted. Limit values generally address NO together with NO2, commonly named NOx, expressed as NO2. Start-up, shutdown and maintenance of equipment are excluded.

3. Emissions shall be monitored in all cases ( 3 ). Compliance with limit values shall be verified. The methods of verification can include continuous or discontinuous measurements, type approval, or any other technically sound method.

4. Sampling and analysis of pollutants, as well as reference measurement methods to calibrate any measurement system, shall be carried out in accordance with the standards laid down by the European Committee for Standardisation (CEN) or by the International Organisation for Standardisation (ISO). While awaiting the development of CEN or ISO standards, national standards shall apply.

5. Measurements of emissions should be carried out continuously when emissions of NOx exceed 75 kg/h.

6. In the case of continuous measurements, except for existing combustion plant covered in Table 1, compliance with the emission standards is achieved if the calculated daily mean values do not exceed the limit value and if no hourly value exceeds the limit value by 100 %.

7. In the case of continuous measurements for existing combustion plants covered in Table 1, compliance with the emission standards is achieved if (a) none of the monthly mean values exceeds the emission limit values; and (b) 95 % of all the 48-hour mean values do not exceed 110 % of the emission limit values.

8. In the case of discontinuous measurements, as a minimum requirement, compliance with the emission standards is achieved if the mean value based on an appropriate number of measurements under representative conditions does not exceed the value of the emission standard.

9. Boilers and process heaters with a rated thermal input exceeding 50 MWth:



Table 1.  Limit values for NOx emissions released from boilers ()

 

Limit value (mg/Nm3()

Solid fuels, new installations:

 

—  Boilers 50-100 MWth

400

—  Boilers 100-300 MWth

300

—  Boilers > 300 MWth

200

Solid fuels, existing installations:

 

—  Solid in general

650

—  Solid with less than 10 % volatile compounds

1 300

Liquid fuels, new installations:

 

—  Boilers 50-100 MWth

400

—  Boilers 100-300 MWth

300

—  Boilers > 300 MWth

200

Liquid fuels, existing installations

450

Gaseous fuels, new installations:

 

Fuel: natural gas

 

—  Boilers 50-300 MWth

150

—  Boilers > 300 MWth

100

Fuel: all other gases

200

Gaseous fuels, existing installations

350

(1)   

In particular, the limit values shall not apply to:

— plants in which the products of combustion are used for direct heating, drying, or any other treatment of objects or materials, e.g. reheating furnaces, furnaces for heat treatment,

— post-combustion plants, i.e. any technical apparatus designed to purify the waste gases by combustion that is not operated as an independent combustion plant,

— facilities for the regeneration of catalytic cracking catalysts,

— facilities for the conversion of hydrogen sulphide into sulphur,

— reactors used in the chemical industry,

— coke battery furnaces,

— cowpers,

— waste incinerators,

— plants powered by diesel, petrol or gas engines or by combustion turbines, irrespective of the fuel used.

(2)   These values do not apply to boilers running less than 500 hours a year. The O2 reference content is 6 % for solid fuels and 3 % for others.

10. Onshore combustion turbines with a rated thermal input exceeding 50 MWth: the NOx limit values expressed in mg/Nm3 (with an O2 content of 15 %) are to be applied to a single turbine. The limit values in Table 2 apply only above 70 % load.



Table 2.  Limit values for NOx emissions released from onshore combustion turbines

> 50 MWth (Thermal input at ISO conditions)

Limit value (mg/Nm3)

New installations, natural gas ()

50 ()

New installations, liquid fuels ()

120

Existing installations, all fuels ()

 

—  Natural gas

150

—  Liquid

200

(1)   Natural gas is naturally occurring methane with not more than 20 % (by volume) of inerts and other constituents.

(2)   

75 mg/Nm

3

if:

— combustion turbine used in a combined heat and power system, or

— combustion turbine driving compressor for public gas grid supply.

(3)   This limit value applies only to combustion turbines firing light and medium distillates.

(4)   The limit values do not apply to combustion turbines running less than 150 hours a year.

11. Cement production:



Table 3.  Limit values for NOx emissions released from cement production ()

 

Limit value (mg/Nm3)

New installations (10 % O2)

 

—  Dry kilns

500

—  Other kilns

800

Existing installations (10 % O2)

1 200

(1)   Installations for the production of cement clinker in rotary kilns with a capacity > 500 mg/day or in other furnaces with a capacity > 50 Mg/day.

12. Stationary engines:



Table 4.  Limit values for NOx emissions released from new stationary engines

Capacity, technique, fuel specification

Limit value () (mg/Nm3)

Spark ignition (= Otto) engines, 4-stroke, > 1 MWth

 

—  Lean-burn engines

250

—  All other engines

500

Compression ignition (= Diesel) engines, > 5 MWth

 

—  Fuel: natural gas (jet ignition engines)

500

—  Fuel: heavy fuel oil

600

—  Fuel: diesel oil or gas oil

500

(1)   These values do not apply to engines running less than 500 hours a year. The O2 reference content is 5 %.

13. Production and processing of metals:



Table 5.  Limit values for NOx emissions released from primary iron and steel production ()

Capacity, technique, fuel specification

Limit value (mg/Nm3)

New and existing sinter plants

400

(1)   Production and processing of metals: metal ore roasting or sintering installations, installations for the production of pig iron or steel (primary or secondary fusion) including continuous casting with a capacity exceeding 2,5 Mg/hour, installations for the processing of ferrous metals (hot rolling mills > 20 Mg/hour of crude steel).

14. Nitric acid production:



Table 6.  Limit values for NOx emissions released from nitric acid production excluding acid concentration units

Capacity, technique, fuel specification

Limit value (mg/Nm3)

—  New installations

350

—  Existing installations

450

B.

Canada

15. Limit values for controlling emissions of nitrogen oxides (NOx) from new stationary sources in the following stationary source categories will be determined on the basis of available information on control technology and levels including limit values applied in other countries and the following documents:

(a) 

Canadian Council of Ministers of the Environment (CCME). National Emission Guidelines for Stationary Combustion Turbines. December 1992. PN1072;

(b) 

Canada Gazette, Part I. Department of the Environment. Thermal Power Generation Emissions — National Guidelines for New Stationary Sources. May 15, 1993, pp. 1633-1638;

(c) 

CCME. National Emission Guidelines for Cement Kilns. March 1998. PN1284.

C.

United States of America

16. Limit values for controlling emissions of NOx from new stationary sources in the followingstationary source categories are specified in the following documents:

(a) 

Coal-fired Utility Units — 40 Code of Federal Regulations (C.F.R.) Part 76;

(b) 

Electric Utility Steam Generating Units — 40 C.F.R. Part 60, Subpart D, and Subpart Da;

(c) 

Industrial-Commercial-Institutional Steam Generating Units — 40 C.F.R. Part 60, Subpart Db;

(d) 

Nitric Acid Plants — 40 C.F.R. Part 60, Subpart G;

(e) 

Stationary Gas Turbines — 40 C.F.R. Part 60, Subpart GG;

(f) 

Municipal Waste Combustors — 40 C.F.R. Part 60, Subpart Ea, and Subpart Eb;

(g) 

Hospital/Medical/Infectious Waste Incinerators — 40 C.F.R. Part 60, Subpart Ec.

ANNEX VI

LIMIT VALUES FOR EMISSIONS OF VOLATILE ORGANIC COMPOUNDS FROM STATIONARY SOURCES

1.

Section A applies to Parties other than Canada and the United States of America, section B applies to Canada and section C applies to the United States of America.

A.

Parties other than Canada and the United States of America

2. This section of the present Annex covers the stationary sources of non-methane volatile organic compound (NMVOC) emissions listed in paragraphs (8) to (21) below. Installations or parts of installations for research, development and testing of new products and processes are not covered. Threshold values are given in the sector-specific tables below. They generally refer to solvent consumption or emission mass flow. Where one operator carries out several activities falling under the same subheading at the same installation on the same site, the solvent consumption or emission mass flow of such activities are added together. If no threshold value is indicated, the given limit value applies to all the installations concerned.

3. For the purpose of section A of the present Annex:

(a) 

‘storage and distribution of petrol’ means the loading of trucks, railway wagons, barges and seagoing ships at depots and mineral oil refinery dispatch stations, excluding vehicle refuelling at service stations covered by relevant documents on mobile sources;

(b) 

‘adhesive coating’ means any process in which an adhesive is applied to a surface, with the exception of adhesive coating and laminating associated with printing processes and wood and plastic lamination;

(c) 

‘wood and plastic lamination’ means any process to adhere together wood and/or plastic to produce laminated products;

(d) 

‘coating processes’ means the application of metal and plastic surfaces to: passenger cars, truck cabins, trucks, buses or wooden surfaces and covers any process in which a single or multiple application of a continuous film of coating is laid onto:

(i) 

new vehicles (see below) defined as vehicles of category M1 and of category N1 insofar as they are coated at the same installation as Ml vehicles;

(ii) 

truck cabins, defined as the housing for the driver, and all integrated housing for the technical equipment of category N2 and N3 vehicles;

(iii) 

vans and trucks defined as category N1, N2 and N3 vehicles, but excluding truck cabins;

(iv) 

buses defined as category M2 and M3 vehicles;

(v) 

other metallic and plastic surfaces including those of aeroplanes, ships, trains, etc., wooden surfaces, textile, fabric, film and paper surfaces.

This source category does not include the coating of substrates with metals by electrophoretic or chemical spraying techniques. If the coating process includes a step in which the same article is printed, that printing step is considered part of the coating process. However, printing processes operated as a separate activity are not included. In this definition:

— 
Ml vehicles are those used for the carriage of passengers and comprising not more than eight seats in addition to the drivers seat,
— 
M2 vehicles are those used for the carriage of passengers and comprising more than eight seats in addition to the driver's seat, and having a maximum mass not exceeding 5 Mg,
— 
M3 vehicles are those used for the carriage of passengers and comprising more than eight seats in addition to the driver's seat, and having a maximum mass exceeding 5 Mg,
— 
N1 vehicles are those used for the carriage of goods and having a maximum mass not exceeding 3,5 Mg,
— 
N2 vehicles are those used for the carriage of goods and having a maximum mass exceeding 3,5 Mg but not exceeding 12 Mg,
— 
N3 vehicles are those used for the carriage of goods and having a maximum mass exceeding 12 Mg.
(e) 

‘coil coating’ means any processes where coiled steel, stainless steel, coated steel, copper alloys or aluminium strip is coated with either a film-forming or laminate coating in a continuous process;

(f) 

‘dry cleaning’ means any industrial or commercial process using VOCs in an installation to clean garments, furnishings and similar consumer goods with the exception of the manual removal of stains and spots in the textile and clothing industry;

(g) 

‘manufacturing of coatings, varnishes, inks and adhesives’ means the manufacture of coating preparations, varnishes, inks and adhesives, and of intermediates as far as they are produced in the same installation by mixing pigments, resins and adhesive materials with organic solvents or other carriers. This category also includes dispersion, predispersion, realization of a certain viscosity or colour and packing the final products in containers;

(h) 

‘printing’ means any process of reproduction of text and/or images in which, with the use of an image carrier, ink is transferred onto a surface and applies to the following subprocesses:

(i) 

flexography: a printing process using an image carrier of rubber or elastic photopolymers on which the printing inks are above the non-printing areas, using liquid inks that dry through evaporation;

(ii) 

heat set web offset: a web-fed printing process using an image carrier in which the printing and non-printing areas are in the same plane, where web-fed means that the material to be printed is fed to the machine from a reel as distinct from separate sheets. The non-printing area is treated to attract water and thus reject ink. The printing area is treated to receive and transmit ink to the surface to be printed. Evaporation takes place in an oven where hot air is used to heat the printed material;

(iii) 

publication rotogravure: rotogravure used for printing paper for magazines, brochures, catalogues or similar products, using toluene-based inks;

(iv) 

rotogravure: a printing process using a cylindrical image carrier in which the printing area is below the non-printing area, using liquid inks that dry through evaporation. The recesses are filled with ink and the surplus is cleaned off the non-printing area before the surface to be printed contacts the cylinder and lifts the ink from the recesses;

(v) 

rotary screen printing: a web-fed printing process in which the ink is passed onto the surface to be printed by forcing it through a porous image carrier, in which the printing area is open and the non-printing area is sealed off, using liquid inks that dry only through evaporation. Web-fed means that the material to be printed is fed to the machine from a reel as distinct from separate sheets;

(vi) 

laminating associated to a printing process: the adhering of two or more flexible materials to produce laminates;

(vii) 

varnishing: a process by which a varnish or an adhesive coating is applied to a flexible material for the purpose of later sealing the packaging material;

(i) 

‘manufacturing of pharmaceutical products’ means chemical synthesis, fermentation, extraction, formulation and finishing of pharmaceutical products and, where carried out at the same site, the manufacture of intermediate products;

(j) 

‘conversion of natural or synthetic rubber’ means any process of mixing, crushing, blending, calendering, extruding and vulcanisation of natural or synthetic rubber and additionally processes for the processing of natural or synthetic rubber to derive an end product;

(k) 

‘surface cleaning’ means any process except dry cleaning using organic solvents to remove contamination from the surface of material, including degreasing; a cleaning process consisting of more than one step before or after any other processing step is considered as one surface-cleaning process. The process refers to the cleaning of the surface of products and not to the cleaning of process equipment;

(l) 

‘extraction of vegetable oil and animal fat and refining of vegetable oil’ means the extraction of vegetable oil from seeds and other vegetable matter, the processing of dry residues to produce animal feed, and the purification of fats and vegetable oils derived from seeds, vegetable matter and/or animal matter;

(m) 

‘vehicle refinishing’ means any industrial or commercial coating activity and associated degreasing activities performing:

(i) 

the coating of road vehicles, or part of them, carried out as part of vehicle repair, conservation or decoration outside manufacturing installations, or

(ii) 

the original coating of road vehicles, or part of them, with refinishing-type materials, where this is carried out away from the original manufacturing line, or

(iii) 

the coating of trailers (including semi-trailers);

(n) 

‘impregnation of wooden surfaces’ means any process impregnating timber with preservative;

(o) 

‘standard conditions’ means a temperature of 273,15 K and a pressure of 101,3 kPa;

(p) 

‘NMVOCs’ comprise all organic compounds except methane which at 273,15 K show a vapour pressure of at least 0,01 kPa or which show a comparable volatility under the given application conditions;

(q) 

‘waste gas’ means the final gaseous discharge containing NMVOCs or other pollutants from a stack or from emission abatement equipment into air. The volumetric flow rates shall be expressed in m3/h at standard conditions;

(r) 

‘fugitive emission of NMVOCs’ means any emission, not in waste gases, of NMVOC into air, soil and water as well as, unless otherwise stated, solvents contained in any product, and includes uncaptured emissions of NMVOCs released to the outside environment via windows, doors, vents and similar openings. Fugitive limit values are calculated on the basis of a solvent management plan (see Appendix I to the present Annex);

(s) 

‘total emission of NMVOCs’ means the sum of fugitive emission of NMVOCs and emission of NMVOCs in waste gases;

(t) 

‘input’ means the quantity of organic solvents and their quantity in preparations used when carrying out a process, including the solvents recycled inside and outside the installation, and which are counted every time they are used to carry out the activity;

(u) 

‘limit value’ means the maximum quantity of a gaseous substance contained in the waste gases from an installation which is not to be exceeded during normal operation. Unless otherwise specified, it shall be calculated in terms of mass of pollutant per volume of the waste gases (expressed as mg C/Nm3 unless specified otherwise), assuming standard conditions for temperature and pressure for dry gas. For solvent- using installations, limit values are given as mass unit per characteristic unit of the respective activity. Gas volumes that are added to the waste gas for cooling or dilution purposes shall not be considered when determining the mass concentration of the pollutant in the waste gas. Limit values generally address all volatile organic compounds except methane (no further distinction is made, e.g. in terms of reactivity or toxicity);

(v) 

‘normal operation’ means all periods of operation except start-up and shutdown operations and maintenance of equipment;

(w) 

‘substances harmful to human health’ are subdivided into two categories:

(i) 

halogenated VOCs that have the possible risk of irreversible effects; or

(ii) 

hazardous substances that are carcinogens, mutagens or toxic to reproduction or that may cause cancer, may cause heritable genetic damage, may cause cancer by inhalation, may impair fertility or may cause harm to the unborn child.

4. The following requirements shall be satisfied:

(a) 

emissions of NMVOCs shall be monitored ( 4 ) and compliance with limit values shall be verified. The methods of verification may include continuous or discontinuous measurements, type approval or any other technically sound method; furthermore, they shall be economically viable;

(b) 

the concentrations of air pollutants in gas-carrying ducts shall be measured in a representative way. Sampling and analysis of all pollutants, as well as reference measurement methods to calibrate any measurement system, shall be carried out according to the standards laid down by the European Committee for Standardisation (CEN) or by the International Organisation for Standardisation (ISO). While awaiting the development of CEN or ISO standards, national standards shall apply;

(c) 

if measurements of emissions of NMVOCs are required, they should be carried out continuously if emissions of NMVOCs exceed 10 kg of total organic carbon (TOC)/h in the exhaust duct downstream from an emission reduction installation and the hours of operation exceed 200 hours a year. For all other installations, discontinuous measurement is required as a minimum. For the approval of compliance, own approaches may be used provided that they result in equal stringency;

(d) 

in the case of continuous measurements, as a minimum requirement, compliance with the emission standards is achieved if the daily mean does not exceed the limit value during normal operation and no hourly average exceeds the limit values by 150 %. For the approval of compliance, own approaches may be used provided that they result in equal stringency;

(e) 

in the case of discontinuous measurements, as a minimum requirement, compliance with the emission standards is achieved if the mean value of all readings does not exceed the limit value and no hourly mean exceeds the limit value by 150 %. For the approval of compliance, own approaches may be used provided that they result in equal stringency;

(f) 

all appropriate precautions shall be taken to minimize emissions of NMVOCs during start-up and shutdown, and in case of deviations from normal operation;

(g) 

measurements are not required if end-of-pipe abatement equipment is not needed to comply with the limit values below and it can be shown that limit values are not exceeded.

5. The following limit values should be applied for waste gases, unless stated otherwise below:

(a) 

20 mg substance/m3 for discharges of halogenated volatile organic compounds (which are assigned the risk phrase ‘possible risk of irreversible effects’), where the mass flow of the sum of the considered compounds is greater than or equal to 100 g/h;

(b) 

2 mg/m3 (expressed as the mass sum of individual compounds) for discharges of volatile organic compounds (which are assigned the following risk phrases: may cause cancer, heritable genetic damage, cancer by inhalation or harm to the unborn child; may impair fertility), where the mass flow of the sum of the considered compounds is greater than or equal to 10 g/h.

6. For the source categories listed in paragraphs (9) to (21) below, the following revisions are relevant:

(a) 

instead of applying the limit values for installations set out below, the operators of the respective installations may be allowed to use a reduction scheme (see Appendix II to the present Annex). The purpose of a reduction scheme is to give the operator the possibility to achieve by other means emission reductions equivalent to those achieved if given limit values were to be applied;

(b) 

for fugitive emissions of NMVOCs, the fugitive emission values set out below shall be applied as a limit value. However, where it is demonstrated to the satisfaction of the competent authority that for an individual installation this value is not technically and economically feasible, the competent authority may exempt that installation provided that significant risks to human health or the environment are not expected. For each derogation, the operator must demonstrate to the satisfaction of the competent authority that the best available technique is used.

7. The limit values for VOC emissions for the source categories defined in paragraph (3) shall be as specified in paragraphs (8) to (21) below.

8. Storage and distribution of petrol:



Table 1.  Limit values for VOC emissions released from the storage and distribution of petrol, excluding the loading of seagoing ships

Capacity, technique, further specification

Threshold values

Limit value

Vapour recovery unit serving storage and distribution facilities at refinery tank farms or terminals

5 000 m3 petrol throughput annually

10 g VOC/Nm3 including methane

Note: The vapour displaced by the filling of petrol storage tanks shall be displaced either into other storage tanks or into abatement equipment meeting the limit values in the table above.

9. Adhesive coating:



Table 2.  Limit values for NMVOC emissions released from adhesive coating

Capacity, technique, further specification

Threshold value for solvent consumption

(Mg/year)

Limit value

Limit value for fugitive

emissions of NMVOCs (% of solvent input)

Footwear manufacture; new and existing installations

> 5

25 g solvent per pair

 

Other adhesive coating, except footwear; new and existing installations

5-15

50 () mg C/Nm3

25

> 15

50 () mg C/Nm3

20

(1)   If techniques are used which allow reuse of recovered solvent, the limit value shall be 150 mg C/Nm3.

10. Wood and plastic lamination:



Table 3.  Limit values for NMVOC emissions released from wood and plastic lamination

Capacity, technique, further specification

Threshold value for solvent consumption

(Mg/year)

Limit value for total emissions of NMVOCs

Wood and plastic laminating; new and existing installations

>5

30 g NMVOC/m2

11. Coating processes (metal and plastic surfaces in passenger cars, truck cabins, trucks, buses, wooden surfaces):



Table 4.  Limit values for NMVOC emissions released from coating processes in the car industry

Capacity, technique, further specification

Threshold value for solvent consumption

(Mg/year) ()

Limit value for total emissions of NMVOCs ()

New installations, car coating (M1, M2)

> 15

(and > 5 000 coated items a year)

45 g NMVOC/m2 or 1,3 kg/ item and 33 g NMVOC/m2

Existing installations, car coating (M1, M2)

> 15

(and > 5 000 coated items a year)

60 g NMVOC /m2 or 1,9 kg/ item and 41 g NMVOC/m2

New and existing installations, car coating (M1, M2)

> 15

(≤ 5 000 coated monocoques or > 3 500 coated chassis a year)

90 g NMVOC/m2 or 1,5 kg/ item and 70 g NMVOC/m2

New installations, coating of new truck cabins (N1, N2, N3)

> 15

(≤ 5 000 coated items a year)

65 g NMVOC/m2

New installations, coating of new truck cabins (N1, N2, N3)

> 15

(> 5 000 coated items a year)

55 g NMVOC/m2

Existing installations, coating of new truck cabins (N1, N2, N3)

> 15

(≤ 5 000 coated items a year)

85 g NMVOC/m2

Existing installations, coating of new truck cabins (N1, N2, N3)

> 15

(> 5 000 coated items a year)

75 g NMVOC/m2

New installations, coating of new trucks and vans (without cabin) (N1, N2, N3)

> 15

(≤ 2 500 coated items a year)

90 g NMVOC/m2

New installations, coating of new trucks and vans (without cabin) (N1, N2, N3)

> 15

(> 2 500 coated items a year)

70 g NMVOC/m2

Existing installations, coating of new trucks and vans (without cabin) (N1, N2, N3)

> 15

(≤ 2 500 coated items a year)

120 g NMVOC/m2

Existing installations, coating of new trucks and vans (without cabin) (N1, N2, N3)

> 15

(> 2 500 coated items a year)

90 g NMVOC/m2

New installations, coating of new buses (M3)

> 15

(≤ 2 000 coated items a year)

210 g NMVOC/m2

New installations, coating of new buses (M3)

> 15

(> 2 000 coated items a year)

150 g NMVOC/m2

Existing installations, coating of new buses (M3)

> 15

(≤ 2 000 coated items a year)

290 g NMVOC/m2

Existing installations, coating of new buses (M3)

> 15

(> 2 000 coated items a year)

225 gNMVOC/m2

(1)   For a solvent consumption < 15 Mg a year (coating of cars), Table 14 on car refinishing applies.

(2)   The total limit values are expressed in terms of mass of solvent (g) emitted in relation to the surface area of product (m2). The surface area of the product is defined as the surface area calculated from the total electrophoretic coating area and the surface area of any parts that might be added in successive phases of the coating process which are coated with the same coatings. The surface of the electrophoretic coating area is calculated using the formula: (2 * total weight of product shell): (average thickness of metal sheet * density of metal sheet).



Table 5.  Limit values for NMVOC emissions released from coating processes in various industrial sectors

Capacity, technique, further specification

Threshold value for solvent consumption

(Mg/year)

Limit value

(mg C/Nm3)

Limit value for fugitive emission of NMVOCs

(% of solvent input)

New and existing installations: other coating, incl. metal, plastics, textile, fabric, foil and paper (excl. web screen printing for textiles, see printing)

5-15

100 () ()

25 ()

> 15

50/75 () () ()

20 ()

New and existing installations: wood coating

15-25

100 ()

25

> 25

50/75 ()

20

(1)   Limit value applies to coating applications and drying processes operated under contained conditions.

(2)   If contained coating conditions are not possible (boat construction, aircraft coating, etc.), installations may be granted exemption from these values. The reduction scheme of paragraph (6)(a) is then to be used, unless it is demonstrated to the satisfaction of the competent authority that this option is not technically and economically feasible. In this case, the operator must demonstrate to the satisfaction of the competent authority that the best available technique is used.

(3)   The first value applies to drying processes, the second to coating application processes.

(4)   If, for textile coating, techniques are used which allow reuse of recovered solvents, the limit value shall be 150 mg C/Nm3 for drying and coating together.

12. Coil coating:



Table 6.  Limit values for NMVOC emissions released from coil coating

Capacity, technique, further specification

Threshold value for solvent consumption

(Mg/year)

Limit value

(mg C/Nm3)

Limit value for fugitive emissions of NMVOCs

(% of solvent input)

New installations

> 25

50 ()

5

Existing installations

> 25

50 ()

10

(1)   If techniques are used which allow reuse of recovered solvent, the limit value shall be 150 mg C/Nm3.

13. Dry cleaning:



Table 7.  Limit values for NMVOC emissions released from dry cleaning

Capacity, technique, further specification

Threshold value for solvent consumption

(Mg/year)

Limit value

(NMVOC/kg)

New and existing installations

0

20 g ()

(1)   Limit value for total emissions of NMVOCs calculated as mass of emitted solvent per mass of cleaned and dried product.

14. Manufacturing of coatings, varnishes, inks and adhesives:



Table 8.  Limit values for NMVOC emissions released from manufacturing of coatings, varnishes, inks and adhesives

Capacity, technique, further specification

Threshold value for solvent consumption

(Mg/year)

Limit value

(mg C/Nm3)

Limit value for fugitive emissions of NMVOCs

(% of solvent input)

New and existing installations

100-1 000

150 ()

() ()

> 1 000

150 ()

() ()

(1)   A total limit value of 5 % of solvent input may be applied instead of using the waste gas concentration limit and the limit value for fugitive emissions of NMVOCs.

(2)   A total limit value of 3 % of solvent input may be applied instead of using the waste gas concentration limit and the limit value for fugitive emissions of NMVOCs.

(3)   The fugitive limit value does not include solvents sold as part of a preparation in a sealed container.

15. Printing (flexography, heat set web offset, publication rotogravure etc.):



Table 9.  Limit values for NMVOC emissions released from printing processes

Capacity, technique, further specification

Threshold value for solvent consumption

(Mg/year)

Limit value

(mg C/Nm3)

Limit value for fugitive emissions of NMVOCs

(% of solvent input)

New and existing installations: heat set web offset

15-25

100

30 ()

> 25

20

30 ()

New installations: publication rotogravure

> 25

75

10

Existing installations: publication rotogravure

> 25

75

15

New and existing installations: other rotogravure, flexogra-phy, rotary screen printing, lamination and varnishing units

15-25

100

25

> 25

100

20

New and existing installations: rotary screen printing on textiles, paperboard

> 30

100

20

(1)   Solvent residue in finished products is not to be considered as part of the fugitive emissions of NMVOCs.

16. Manufacturing of pharmaceutical products:



Table 10.  Limit values for NMVOC emissions released from manufacturing of pharmaceutical products

Capacity, technique, further specification

Threshold value for solvent consumption

(Mg/year)

Limit value

(mg C/Nm3)

Limit value for fugitive emissions of NMVOCs

(% of solvent input)

New installations

> 50

20 () ()

() ()

Existing installations

> 50

20 () ()

15 () ()

(1)   If techniques are used which allow reuse of recovered solvents, the limit value shall be 150 mg C/Nm3.

(2)   A total limit value of 5 % of solvent input may be applied instead of using the waste gas concentration limit and the limit value for fugitive emissions of NMVOCs.

(3)   A total limit value of 15 % of solvent input may be applied instead of using the waste gas concentration limit and the limit value for fugitive emissions of NMVOCs.

(4)   The fugitive limit value does not include solvents sold as part of a coatings preparation in a sealed container.

17. Conversion of natural or synthetic rubber:



Table 11.  Limit values for NMVOC emission released from conversion of natural or synthetic rubber

Capacity, technique, further specification

Threshold value for solvent consumption

(Mg/year)

Limit value

(mg C/Nm3)

Limit value for fugitive emissions of NMVOCs

(% of solvent input)

New and existing installations: conversion of natural or synthetic rubber

> 15

20 () ()

25 () ()

(1)   A total limit value of 25 % of solvent input may be applied instead of using the waste gas concentration limit and the limit value for fugitive emissions of NMVOCs.

(2)   If techniques are used which allow reuse of recovered solvent, the limit value shall be 150 mg C/Nm3.

(3)   The fugitive limit does not include solvents sold as part of a preparation in a sealed container.

18. Surface cleaning:



Table 12.  Limit values for NMVOC emissions released from surface cleaning

Capacity, technique, further specification

Threshold value for solvent consumption

(Mg/year)

Limit value

(mg C/Nm3)

Limit value for fugitive emissions of NMVOCs

(% of solvent input)

New and existing installations: surface cleaning using substances mentioned in paragraph (3)(w)

1-5

20

15

> 5

20

10

New and existing installations: other surface cleaning

2-10

75 ()

20 ()

> 10

75 ()

15 ()

(1)   Installations which demonstrate to the competent authority that the average organic solvent content of all cleaning material used does not exceed 30 % w/w are exempt from applying these values.

19. Vegetable oil and animal fat extraction and vegetable oil refining processes:



Table 13.  Limit values for NMVOC emissions released from extraction of vegetable and animal fat and refining of vegetable oil

Capacity, technique, further specification

Threshold value for solvent consumption

(Mg/year)

Total limit value

(kg/Mg)

New and existing installations

> 10

Animal fat:

1,5

Castor:

3,0

Rape seed:

1,0

Sunflower seed:

1,0

Soya beans (normal crush):

0,8

Soya beans (white flakes):

1,2

Other seeds and vegetable material:

3,0 ()

All fractionation processes, excl. degumming ():

1,5

Degumming:

4,0

(1)   Limit values for total emissions of NMVOCs from installations treating single batches of seeds or other vegetable material shall be set case by case by the competent authorities on the basis of the best available technologies.

(2)   The removal of gum from the oil.

20. Vehicle refinishing:



Table 14.  Limit values for NMVOC emissions released from vehicle refinishing

Capacity,technique, further specification

Threshold value for solvent consumption

(Mg/year)

Limit value

(mg C/Nm3)

Limit value for fugitive emissions of NMVOCs

(% of solvent input)

New and existing installations

> 0,5

50 ()

25

(1)   Compliance with limit values to be proven by 15-minute average measurements.

21. Impregnation of wooden surfaces:



Table 15.  Limit values for NMVOC emissions released from impregnation of wooden surfaces

Capacity,technique, further specification

Threshold value for solvent consumption

(Mg/year)

Limit value

(mg C/Nm3)

Limit value for fugitive emission of NMVOCs

(% of solvent input)

New and existing installations

> 25

100 () ()

45 ()

(1)   Does not apply to impregnation with creosote.

(2)   A total limit value of 11 kg solvent/m3 of wood treated may be applied instead of using the waste gas concentration limit and the limit value for fugitive emissions of NMVOCs.

B.

Canada

22. Limit values for controlling emissions of volatile organic compounds (VOCs) from new stationary sources in the following stationary source categories will be determined on the basis of available information on control technology and levels, including limit values applied in other countries, and the following documents:

(a) 

Canadian Council of Ministers of the Environment (CCME). Environmental Code of Practice for the Reduction of Solvent Emissions from Dry Cleaning Facilities. December 1992. PN1053;

(b) 

CCME. Environmental Guideline for the Control of Volatile Organic Compounds Process Emissions from New Organic Chemical Operations. September 1993. PN1108;

(c) 

CCME. Environmental Code of Practice for the Measurement and Control of Fugitive VOC Emissions from Equipment Leaks. October 1993. PN1106;

(d) 

CCME. A Program to Reduce Volatile Organic Compound Emissions by 40 Percent from Adhesives and Sealants. March 1994. PN1116;

(e) 

CCME. A Plan to Reduce Volatile Organic Compound Emissions by 20 Percent from Consumer Surface Coatings. March 1994. PN1114;

(f) 

CCME. Environmental Guidelines for Controlling Emissions of Volatile Organic Compounds from Aboveground Storage Tanks. June 1995. PN1180;

(g) 

CCME. Environmental Code of Practice for Vapour Recovery during Vehicle Refueling at Service Stations and Other Gasoline Dispersing Facilities. (Stage II) April 1995. PN1184;

(h) 

CCME. Environmental Code of Practice for the Reduction of Solvent Emissions from Commercial and Industrial Degreasing Facilities. June 1995. PN1182;

(i) 

CCME. New Source Performance Standards and Guidelines for the Reduction of Volatile Organic Compound Emissions from Canadian Automotive Original Equipment Manufacturer (OEM) Coating Facilities. August 1995. PN1234;

(j) 

CCME. Environmental Guideline for the Reduction of Volatile Organic Compound Emissions from the Plastics Processing Industry. July 1997. PN1276; and

(k) 

CCME. National Standards for the Volatile Organic Compound Content of Canadian Commercial/ Industrial Surface Coating Products —Automotive Refinishing. August 1997. PN1288.

C.

United States of America

23. Limit values for controlling emissions of VOCs from new stationary sources in the following stationary source categories are specified in the following documents:

(a) 

Storage Vessels for Petroleum Liquids — 40 Code of Federal Regulations (C.F.R.) Part 60, Subpart K, and Subpart Ka;

(b) 

Storage Vessels for Volatile Organic Liquids — 40 C.F.R. Part 60, Subpart Kb;

(c) 

Petroleum Refineries — 40 C.F.R. Part 60, Subpart J;

(d) 

Surface Coating of Metal Furniture — 40 C.F.R. Part 60, Subpart EE;

(e) 

Surface Coating for Automobile and Light Duty Trucks — 40 C.F.R. Part 60, Subpart MM;

(f) 

Publication Rotogravure Printing — 40 C.F.R. Part 60, Subpart QQ;

(g) 

Pressure Sensitive Tape and Label Surface Coating Operations — 40 C.F.R. Part 60, Subpart RR;

(h) 

Large Appliance, Metal Coil and Beverage Can Surface Coating — 40 C.F.R. Part 60, Subpart SS, Subpart TT and Subpart WW;

(i) 

Bulk Gasoline Terminals — 40 C.F.R. Part 60, Subpart XX;

(j) 

Rubber Tire Manufacturing — 40 C.F.R. Part 60, Subpart BBB;

(k) 

Polymer Manufacturing — 40 C.F.R. Part 60, Subpart DDD;

(l) 

Flexible Vinyl and Urethane Coating and Printing — 40 C.F.R. Part 60, Subpart FFF;

(m) 

Petroleum Refinery Equipment Leaks and Wastewater Systems — 40 C.F.R. Part 60, Subpart GGG and Subpart QQQ;

(n) 

Synthetic Fiber Production — 40 C.F.R. Part 60, Subpart HHH;

(o) 

Petroleum Dry Cleaners — 40 C.F.R. Part 60, Subpart JJJ;

(p) 

Onshore Natural Gas Processing Plants — 40 C.F.R. Part 60, Subpart KKK;

(q) 

SOCMI Equipment Leaks, Air Oxidation Units, Distillation Operations and Reactor Processes — 40 C.F.R. Part 60, Subpart VV, Subpart III, Subpart NNN and Subpart RRR;

(r) 

Magnetic Tape Coating — 40 C.F.R. Part 60, Subpart SSS;

(s) 

Industrial Surface Coatings — 40 C.F.R. Part 60, Subpart TTT; and

(t) 

Polymeric Coatings of Supporting Substrates Facilities — 40 C.F.R. Part 60, Subpart VVV.

Appendix I

SOLVENT MANAGEMENT PLAN

Introduction

1. This Appendix to the Annex on limit values for emissions of non-methane volatile organic compounds (NMVOCs) from stationary sources provides guidance on carrying out a solvent management plan. It identifies the principles to be applied (paragraph (2)), provides a framework for the mass balance (paragraph (3)) and provides an indication of the requirements for verification of compliance (paragraph (4)).

Principles

2. The solvent management plan serves the following purposes:

(a) 

verification of compliance, as specified in the Annex;

(b) 

identification of future reduction options.

Definitions

3. The following definitions provide a framework for the mass balance exercise:

(a) 

Inputs of organic solvents:

I1. 

The quantity of organic solvents or their quantity in preparations purchased that are used as input into the process in the time-frame over which the mass balance is being calculated.

I2. 

The quantity of organic solvents or their quantity in preparations recovered and reused as solvent input into the process. (The recycled solvent is counted every time it is used to carry out the activity.)

(b) 

Outputs of organic solvents:

O1. 

Emission of NMVOCs in waste gases.

O2. 

Organic solvents lost in water, if appropriate taking into account waste-water treatment when calculating O5.

O3. 

The quantity of organic solvents that remains as contamination or residue in output of products from the process.

O4. 

Uncaptured emissions of organic solvents to air. This includes the general ventilation of rooms, where air is released to the outside environment via windows, doors, vents and similar openings.

O5. 

Organic solvents and/or organic compounds lost due to chemical or physical reactions (including, for example, those that are destroyed, e.g. by incineration or other waste-gas or waste-water treatments, or captured, e.g. by adsorption, as long as they are not counted under O6, O7 or O8).

O6. 

Organic solvents contained in collected waste.

O7. 

Organic solvents, or organic solvents contained in preparations, that are sold or are intended to be sold as a commercially valuable product.

O8. 

Organic solvents contained in preparations recovered for reuse but not as input into the process, as long as they are not counted under O7.

O9. 

Organic solvents released in other ways.

Guidance on use of the solvent management plan for verification of compliance

4. The use of the solvent management plan will be determined by the particular requirement which is to be verified, as follows:

(a) 

Verification of compliance with the reduction option mentioned in paragraph (6)(a) of the Annex, with a total limit value expressed in solvent emissions per unit product, or as otherwise stated in the Annex.

(i) 

For all activities using the reduction option mentioned in paragraph (6)(a) of the Annex, the solvent management plan should be put into effect annually to determine consumption. Consumption can be calculated by means of the following equation:

image

A parallel exercise should also be undertaken to determine solids used in coating in order to derive the annual reference emission and the target emission each year;

(ii) 

for assessing compliance with a total limit value expressed in solvent emissions per unit product or as otherwise stated in the Annex, the solvent management plan should be put into effect annually to determine emission of NMVOCs. Emission of NMVOCs can be calculated by means of the following equation:

image

Where F is the fugitive emission of NMVOC as defined in subparagraph (b)(i) below. The emission figure should be divided by the relevant product parameter;

(b) 

Determination of fugitive emission of NMVOCs for comparison with fugitive emission values in the Annex:

(i) 

Methodology: The fugitive emission of NMVOC can be calculated by means of the following equation:

image

or

image

This quantity can be determined by direct measurement of the quantities. Alternatively, an equivalent calculation can be made by other means, for instance by using the capture efficiency of the process.

The fugitive emission value is expressed as a proportion of the input, which can be calculated by means of the following equation:

image

(ii) 

Frequency: Fugitive emission of NMVOCs can be determined by a short but comprehensive set of measurements. This need not to be done again until the equipment is modified.

Appendix II

REDUCTION SCHEME

Principles

1. The purpose of the reduction scheme is to allow the operator the possibility to achieve by other means emission reductions equivalent to those achieved if the limit values were to be applied. To that end the operator may use any reduction scheme specially designed for his installation, provided that in the end an equivalent emission reduction is achieved. Parties shall report on progress in achieving the same emission reduction, including experience with the application of the reduction scheme.

Practice

2. If applying coatings, varnishes, adhesives or inks, the following scheme can be used. Where it is inappropriate, the competent authority may allow an operator to apply any alternative exemption scheme which it is satisfied fulfils the principles outlined here. The design of the scheme takes into account the following facts:

(a) 

where substitutes containing little or no solvent are still under development, a time extension must be given to the operator to implement his emission reduction plans;

(b) 

the reference point for emission reductions should correspond as closely as possible to the emissions that would have resulted had no reduction action been taken.

3. The following scheme shall operate for installations for which a constant solid content of product can be assumed and used to define the reference point for emission reductions.

(a) 

The operator shall forward an emission reduction plan which includes in particular decreases in the average solvent content of the total input and/or increased efficiency in the use of solids to achieve a reduction of the total emissions from the installation to a given percentage of annual reference emissions, termed the target emission. This must be done in the following time frame:



Time period

Maximum allowed total annual emissions

New installations

Existing installations

By 31.10.2001

By 31.10.2005

Target emission × 1,5

By 31.10.2004

By 31.10.2007

Target emission

(b) 

The annual reference emission is calculated as follows:

(i) 

the total mass of solids in the quantity of coating and/or ink, varnish or adhesive consumed in a year is determined. Solids are all materials in coatings, inks, varnishes and adhesives that become solid once the water or the volatile organic compounds are evaporated;

(ii) 

the annual reference emissions are calculated by multiplying the mass determined as in subpara- graph (i) by the appropriate factor listed in the table below. The competent authorities may adjust these factors for individual installations to reflect documented increased efficiency in the use of solids;



Activity

Multiplication factor for use in subparagraph (b)(ii)

Rotogravure printing; flexography printing; laminating as part of a printing activity; printing; varnishing as part of a printing activity; wood coating; coating of textiles, fabric, film or paper; adhesive coating

4

Coil coating; vehicle refinishing

3

Food contact coating; aerospace coating

2,33

Other coatings and rotary screen printing

1,5

(iii) 

the target emission is equal to the annual reference emission multiplied by a percentage equal to:

— 
(The fugitive emission value + 15), for installations in the following sectors:
— 
vehicle coating (solvent consumption < 15 Mg/year) and vehicle refinishing,
— 
metal, plastic, textile, fabric, film and paper coating (solvent consumption between 5 and 15 Mg/year),
— 
coating of wooden surfaces (solvent consumption between 15 and 25 Mg/year),
— 
(The fugitive emission value + 5) for all other installations;
(iv) 

compliance is achieved if the actual solvent emission determined from the solvent management plan is less than or equal to the target emission.

ANNEX VII

TIMESCALES UNDER ARTICLE 3

1.

The timescales for the application of the limit values referred to in Article 3(2) and (3), shall be:

(a) 

for new stationary sources, one year after the date of entry into force of the present Protocol for the Party in question;

(b) 

for existing stationary sources:

(i) 

in the case of a Party that is not a country with an economy in transition, one year after the date of entry into force of the present Protocol or 31 December 2007, whichever is the later;

(ii) 

in the case of a Party that is a country with an economy in transition, eight years after the entry into force of the present Protocol.

2.

The timescales for the application of the limit values for fuels and new mobile sources referred to in Article 3(5), and the limit values for gas oil referred to in Annex IV, Table 2, shall be:

(i) 

in the case of a Party that is not a country with an economy in transition, the date of entry into force of the present Protocol or the dates associated with the measures specified in Annex VIII and with the limit values specified in Annex IV, Table 2, whichever is the later; and

(ii) 

in the case of a Party that is a country with an economy in transition, five years after the date of entry into force of the present Protocol or five years after the dates associated with the measures specified in Annex VIII and with the limit values in Annex IV, Table 2, whichever is the later.

This timescale shall not apply to a Party to the present Protocol to the extent that that Party is subject to a shorter timescale with regard to gas oil under the Protocol on Further Reduction of Sulphur Emissions.

3.

For the purpose of the present Annex, ‘a country with an economy in transition’ means a Party that has made with its instrument of ratification, acceptance, approval or accession a declaration that it wishes to be treated as a country with an economy in transition for the purposes of paragraphs (1) and/or (2) of this Annex.

ANNEX VIII

LIMIT VALUES FOR FUELS AND NEW MOBILE SOURCES

INTRODUCTION

1. Section A applies to Parties other than Canada and the United States of America, section B applies to Canada and section C applies to the United States of America.

2. The Annex contains limit values for NOx, expressed as nitrogen dioxide (NO2) equivalents, and for hydrocarbons, most of which are volatile organic compounds, as well as environmental specifications for marketed fuels for vehicles.

3. The timescales for applying the limit values in this Annex are laid down in Annex VII.

A.    Parties other than Canada and the United States of America

Passenger cars and light-duty vehicles

4. Limit values for power-driven vehicles with at least four wheels and used for the carriage of passengers (category M) and goods (category N) are given in Table 1.

Heavy-duty vehicles

5. Limit values for engines for heavy-duty vehicles are given in Tables 2 and 3 depending on the applicable test procedures.

Motorcycles and mopeds

6. Limit values for motorcycles and mopeds are given in Table 6 and Table 7.

Non-road vehicles and machines

7. Limit values for agricultural and forestry tractors and other non-road vehicle/machine engines are listed in Tables 4 and 5. Stage I (Table 4) is based on ECE Regulation 96, ‘Uniform provisions concerning the approval of compression-ignition (CI) engines to be installed in agricultural and forestry tractors with regard to the emissions of pollutants by the engine’.

Fuel quality

8. Environmental quality specifications for petrol and diesel are given in Tables 8 to 11.



Table 1.  Limit values for passenger cars and light-duty vehicles

Category

Class

To be applied from ()

Reference mass

(RW)

(kg)

Limit values

Carbon monoxide

Hydrocarbons

Nitrogen oxides

Hydrocarbons and nitrogen oxides combined

Particulates ()

L1 (g/km)

L2 (g/km)

L3 (g/km)

L2+L3 (g/km)

L4 (g/km)

Petrol

Diesel

Petrol

Diesel

Petrol

Diesel

Petrol

Diesel

Diesel

A

()

 

1.1.2001

All ()

2,3

0,64

0,20

0,15

0,50

0,56

0,05

N1 ()

I

1.1.2001 ()

RW < 1 305

2,3

0,64

0,20

0,15

0,50

0,56

0,05

II

1.1.2002

1 305 < RW ≤ 1 760

4,17

0,80

0,25

0,18

0,65

0,72

0,07

III

1.1.2002

1 760 < RW

5,22

0,95

0,29

0,21

0,78

0,86

0,10

B

()

 

1.1.2006

All

1,0

0,50

0,10

0,08

0,25

0,30

0,025

N1 ()

I

1.1.2006 ()

RW ≤ 1 305

1,0

0,50

0,10

0,08

0,25

0,30

0,025

II

1.1.2007

1 305 < RW ≤ 1 760

1,81

0,63

0,13

0,10

0,33

0,39

0,04

III

1.1.2007

1 760 < RW

2,27

0,74

0,16

0,11

0,39

0,46

0,06

(1)   For compression-ignition engines.

(2)   The registration, sale or entry into service of new vehicles that fail to comply with the respective limit values shall be refused as from the dates given in this column and type approval may no longer be granted with effect from 12 months prior to these dates.

(3)   Except vehicles whose maximum mass exceeds 2 500 kg.

(4)   And those category M vehicles specified in note (c).

(5)   1.1.2002 for those category M vehicles specified in note (c).

(6)   1.1.2007 for those category M vehicles specified in note (c).

(7)   Until 1 January 2003 vehicles in this category fitted with compression-ignition engines that are non-road vehicles and vehicles with a maximum mass of more than 2 000 kg which are designed to carry more than six occupants, including the driver, shall be considered as vehicles in category N1, class III, in row A.



Table 2.  Limit values for heavy-duty vehicles— European steady-state cycle (ESC) and European load-response (ELR) tests

 

To be applied from ()

Carbon monoxide

(g/kWh)

Hydrocarbons

(g/kWh)

Nitrogen oxides

(g/kWh)

Particulates

(g/kWh)

Smoke

(m-1)

A

1.10.2001

2,1

0,66

5,0

0,10/0,13 ()

0,8

B1

1.10.2006

1,5

0,46

3,5

0,02

0,5

B2

1.10.2009

1,5

0,46

2,0

0,02

0,5

(1)   With effect from the given dates and except for vehicles and engines intended for export to countries that are not parties to the present Protocol and for replacement engines for vehicles in use, Parties shall prohibit the registration, sale, entry into service or use of new vehicles propelled by a compression-ignition or gas engine and the sale and use of new compression-ignition or gas engines if their emissions do not comply with the respective limit values. With effect from 12 months prior to these dates, type approval may be refused if the limit values are not complied with.

(2)   For engines with a swept volume below 0,75 dm3 per cylinder and a rated power speed above 3000 revolutions per minute.



Table 3.  Limit values for heavy-duty vehicles — European transient cycle (ETC) test ()

 

To be applied from ()

Carbon monoxide

(g/kWh)

Non-methane hydrocarbons

(g/kWh)

Methane ()

(g/kWh)

Nitrogen oxides

(g/kWh)

Particulates ()

(g/kWh)

A (2000)

1.10.2001

5,45

0,78

1,6

5,0

0,16/0,21 ()

B1 (2005)

1.10.2006

4,0

0,55

1,1

3,5

0,03

B2 (2008)

1.10.2009

4,0

0,55

1,1

2,0

0,03

(1)   The conditions for verifying the acceptability of the ETC tests when measuring the emissions of gas-fuelled engines against the limit values applicable in row A shall be re-examined and, where necessary, modified in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.

(2)   With effect from the given dates and except for vehicles and engines intended for export to countries that are not parties to the present Protocol and for replacement engines for vehicles in use, Parties shall prohibit the registration, sale, entry into service or use of new vehicles propelled by a compression-ignition or gas engine and the sale and use of new compression-ignition or gas engines if their emissions do not comply with the respective limit values. With effect from 12 months prior to these dates, type approval may be refused if the limit values are not complied with.

(3)   For natural gas engines only.

(4)   Not applicable to gas-fuelled engines at stage A and stages B1 and B2.

(5)   For engines with a swept volume below 0,75 dm3 per cylinder and a rated power speed above 3000 revolutions per minute.



Table 4.  Limit values (stage I) for diesel engines for non-road mobile machines (measurement procedure ISO 8178)

Net power (P)

(kW)

To be applied from ()

Carbon monoxide

(g/kWh)

Hydrocarbons

(g/kWh)

Nitrogen oxides

(g/kWh)

Particulate matter

(g/kWh)

37 ≤ P< 75

31.3.1998

6,5

1,3

9,2

0,85

75 ≤ P < 130

31.12.1998

5,0

1,3

9,2

0,70

130 ≤ P < 560

31.12.1998

5,0

1,3

9,2

0,54

(1)   With effect from the given date and with the exception of machinery and engines intended for export to countries that are not parties to the present Protocol, Parties shall permit the registration, where applicable, and placing on the market of new engines, whether or not installed in machinery, only if they meet the limit values set out in the table. Type approval for an engine type or family shall be refused with effect from 30 June 1998 if it fails to meet the limit values.

Note: These limits are engine-out limits and shall be achieved before any exhaust after-treatment service.



Table 5.  Limit values (stage II) for diesel engines for non-road mobile machines (measurement procedure ISO 8178)

Net power (P)

(kW)

To be applied from ()

Carbon monoxide

(g/kWh)

Hydrocarbons

(g/kWh)

Nitrogen oxides

(g/kWh)

Particulate matter

(g/kWh)

130 ≤ P < 560

31.12.2001

3,5

1,0

6,0

0,2

75 ≤ P < 130

31.12.2002

5,0

1,0

6,0

0,3

37 ≤ P < 75

31.12.2003

5,0

1,3

7,0

0,4

18 ≤ P < 37

31.12.2000

5,5

1,5

8,0

0,8

(1)   With effect from the given dates and with the exception of machinery and engines intended for export to countries that are not parties to the present Protocol, Parties shall permit the registration, where applicable, and placing on the market of new engines, whether or not installed in machinery, only if they meet the limit values set out in the table. Type approval for an engine type or family shall be refused with effect from 12 months prior to these dates if it fails to meet the limit values.



Table 6.  Limit values for motorcycles and three- and four-wheelers (> 50 cm 3; > 45 km/h) to be applied from 17 June 1999 ()

Engine type

Limit values

Two-stroke

CO = 8 g/km

HC = 4 g/km

NOx = 0,1 g/km

Four-stroke

CO = 13 g/km

HC = 3 g/km

NOx = 0,3 g/km

(1)   Type approval shall be refused as from the given date if the vehicle's emissions do not meet the limit values.

Note: For three- and four-wheelers, the limit values have to be multiplied by 1,5.



Table 7.  Limit values for mopeds (≤ 50 cm3; < 45 km/h)

Stage

To be applied from ()

Limit values

CO (g/km)

HC + NOx (g/km)

I

17.6.1999

6,0 ()

3,0 ()

II

17.6.2002

1,0 ()

1,2

(1)   Type approval shall be refused as from the given dates if the vehicle's emissions do not meet the limit values.

(2)   For three- and four-wheelers, multiply by two.

(3)   For three- and four-wheelers, 3,5 g/km.



Table 8.  Environmental specifications for marketed fuels to be used for vehicles equipped with positive-ignition engines

Type: Petrol

Parameter

Limits ()

Test

Unit

Minimum

Maximum

Method ()

Date of publication

Research octane number

 

95

EN 25164

1993

Motor octane number

 

85

EN 25163

1993

Reid vapour pressure, summer period ()

kPa

60

EN 12

1993

Distillation:

 

 

 

 

 

—  evaporated at 100 °C

% v/v

46

EN-ISO 3405

1988

—  evaporated at 150 °C

% v/v

75

 

 

Hydrocarbon analysis:

 

 

 

 

 

—  olefins

% v/v

18,0 ()

ASTM D1319

1995

—  aromatics

 

42

ASTM D1319

1995

—  benzene

 

1

PrEN 12177

1995

Oxygen content

% m/m

2,7

EN 1601

1996

Oxygenates:

 

 

 

 

 

—  Methanol, stabilising agents must be added

% v/v

3

EN 1601

1996

—  Ethanol, stabilising agents may be necessary

% v/v

5

EN 1601

1996

—  Iso-propyl alcohol

% v/v

10

EN 1601

1996

—  Tert-butyl alcohol

% v/v

7

EN 1601

1996

—  Iso-butyl alcohol

% v/v

10

EN 1601

1996

—  Ethers containing five or more carbon atoms per molecule

% v/v

15

EN 1601

1996

—  Other oxygenates ()

% v/v

10

EN 1601

1996

Sulphur content

mg/kg

150

PrEN-ISO/DIS 14596

1996

(1)   The values quoted in the specification are ‘true values’. In the establishment of their limit values, the terms of ISO 4259, ‘Petroleum products — Determination and application of precision data in relation to methods of test’, have been applied and, in fixing a minimum value, a minimum difference of 2R above zero has been taken into account (R = reproducibility). The results of individual measurements shall be interpreted on the basis of the criteria described in ISO 4259 (published in 1995).

(2)   EN — European standard; ASTM — American Society for Testing and Materials; DIS — Draft international standard.

(3)   The summer period shall begin no later than 1 May and shall not end before 30 September. For Member States with arctic conditions the summer period shall begin no later than 1 June and not end before 31 August and the RVP is limited to 70 kPa.

(4)   Except for regular unleaded petrol (minimum motor octane number (MON) of 81 and minimum research octane number (RON) of 91), for which the maximum olefin content shall be 21 % v/v. These limits shall not preclude the introduction on the market of a Member State of another unleaded petrol with lower octane numbers than set out here.

(5)   Other mono-alcohols with a final distillation point no higher than the final distillation point laid down in national specifications or, where these do not exist, in industrial specifications for motor fuels.

Note: Parties shall ensure that, no later than 1 January 2000, petrol can be marketed within their territory only if it complies with the environmental specifications set out in Table 8. Where a Party determines that banning petrol with a sulphur content which does not comply with the specifications for sulphur content in Table 8, but does not exceed the current content, would raise severe difficulties for its industries in making the necessary changes in their manufacturing facilities by 1 January 2000, it may extend the time period of marketing within its territory until 1 January 2003 at the latest. In such a case the Party shall specify, in a declaration to be deposited together with its instrument of ratification, acceptance, approval or accession, that it intends to extend the time period and present written information on the reason for this to the Executive Body.



Table 9.  Environmental specifications for marketed fuels to be used for vehicles equipped with compression-ignition engines

Type: Diesel fuel

Parameter

Unit

Limits ()

Test

Minimum

Maximum

Method ()

Date of publication

Cetane number

 

51

EN-ISO 5165

1992

Density at 15 °C

kg/m3

845

EN-ISO 3675

1995

Distillation point: 95 %

°C

360

EN-ISO 3405

1988

Polycyclic aromatic hydrocarbons

% m/m

11

IP 391

1995

Sulphur content

mg/kg

350

PrEN-ISO/DIS 14596

1996

(1)   The values quoted in the specification are ‘true values’. In the establishment of their limit values, the terms of ISO 4259, ‘Petroleum products — Determination and application of precision data in relation to methods of test’, have been applied and, in fixing a minimum value, a minimum difference of 2R above zero has been taken into account (R = reproducibility). The results of individual measurements shall be interpreted on the basis of the criteria described in ISO 4259 (published in 1995).

(2)   EN — European standard; IP — The Institute of Petroleum; DIS — Draft international standard.

Note: Parties shall ensure that, no later than 1 January 2000, diesel fuel can be marketed within their territory only if it complies with the environmental specifications set out in Table 9. Where a Party determines that banning diesel fuel with a sulphur content which does not comply with the specifications for sulphur content in Table 9, but does not exceed the current content, would raise severe difficulties for its industries in making the necessary changes in their manufacturing facilities by 1 January 2000, it may extend the time period of marketing within its territory until 1 January 2003 at the latest. In such a case the Party shall specify, in a declaration to be deposited together with its instrument of ratification, acceptance, approval or accession, that it intends to extend the time period and present written information on the reason for this to the Executive Body.



Table 10.  Environmental specifications for marketed fuels to be used for vehicles equipped with positive-ignition engines

Type: Petrol

Parameter

Limits ()

Test

Unit

Minimum

Maximum

Method ()

Date of publication

Research octane number

 

95

 

EN 25164

1993

Motor octane number

 

85

 

EN 25163

1993

Reid vapour pressure, summer period

kPa

 

 

 

Distillation:

 

 

 

 

 

—  evaporated at 100 °C

% v/v

 

 

—  evaporated at 150 °C

% v/v % v/v

 

 

Hydrocarbon analysis:

 

 

 

 

 

—  olefins

% v/v

 

 

 

—  aromatics

% v/v

35

ASTM D1319

1995

—  benzene

% v/v

 

 

 

Oxygen content

% m/m

 

 

 

Sulphur content

mg/kg

50

PrEN-ISO/DIS 14596

1996

(1)   The values quoted in the specification are ‘true values’. In the establishment of their limit values, the terms of ISO 4259, ‘Petroleum products — Determination and application of precision data in relation to methods of test’, have been applied and, in fixing a minimum value, a minimum difference of 2R above zero has been taken into account (R = reproducibility). The results of individual measurements shall be interpreted on the basis of the criteria described in ISO 4259 (published in 1995).

(2)   EN — European standard; ASTM — American Society for Testing and Materials; DIS — Draft international standard.

Note: Parties shall ensure that, no later than 1 January 2005, petrol can be marketed within their territory only if it complies with the environmental specifications set out in Table 10. Where a Party determines that banning petrol with a sulphur content which does not comply with the specifications for sulphur content in Table 10, but does comply with Table 8, would raise severe difficulties for its industries in making the necessary changes in their manufacturing facilities by 1 January 2005, it may extend the time period of marketing within its territory until 1 January 2007 at the latest. In such a case the Party shall specify, in a declaration to be deposited together with its instrument of ratification, acceptance, approval or accession, that it intends to extend the time period and present written information on the reason for this to the Executive Body.



Table 11.  Environmental specifications for marketed fuels to be used for vehicles equipped with compression-ignition engines

Type: Diesel fuel

Parameter

Unit

Limits ()

Test

Minimum

Maximum

Method ()

Date of publication

Cetane number

 

 

 

 

Density at 15 °C

kg/m3

 

 

 

Distillation point: 95 %

°C

 

 

 

Polycyclic aromatic hydrocarbons

% m/m

 

 

 

Sulphur content

mg/kg

50

PrEN-ISO/DIS 14596

1996

(1)   The values quoted in the specification are ‘true values’. In the establishment of their limit values, the terms of ISO 4259, ‘Petroleum products — Determination and application of precision data in relation to methods of test’, have been applied and, in fixing a minimum value, a minimum difference of 2R above zero has been taken into account (R = reproducibility). The results of individual measurements shall be interpreted on the basis of the criteria described in ISO 4259.

(2)   EN — European standard; DIS — Draft international standard.

Note: Parties shall ensure that, no later than 1 January 2005, diesel fuel can be marketed within their territory only if it complies with the environmental specifications set out in Table 11. Where a Party determines that banning diesel fuel with a sulphur content which does not comply with the specifications for sulphur content in Table 11, but does comply with Table 9, would raise severe difficulties for its industries in making the necessary changes in their manufacturing facilities by 1 January 2005, it may extend the time period of marketing within its territory until 1 January 2007 at the latest. In such a case the Party shall specify, in a declaration to be deposited together with its instrument of ratification, acceptance, approval or accession, that it intends to extend the time period and present written information on the reason for this to the Executive Body.

B.    Canada

9. New vehicle emission standards for light-duty vehicles, light-duty trucks, heavy-duty vehicles, heavy-duty engines and motorcycles: Motor Vehicle Safety Act (and successor legislation), Schedule V of the Motor Vehicle Safety Regulations: Vehicle Emissions (Standard 1100), SOR/97-376, (28 July, 1997), as amended from time to time.

10. Canadian Environmental Protection Act, Diesel Fuel Regulations, SOR/97-110 (4 February 1997, sulphur in diesel fuel), as amended from time to time.

11. Canadian Environmental Protection Act, Benzene in Gasoline Regulations, SOR/97-493 (6 November 1997), as amended from time to time.

12. Canadian Environmental Protection Act, Sulphur in Gasoline Regulations, Canada Gazette, Part II, June 4 1999, as amended from time to time.

C.    United States of America

13. Implementation of a mobile source emission control programme for light-duty vehicles, light-duty trucks, heavy-duty trucks and fuels to the extent required by sections 202(a), 202(g) and 202(h) of the Clean Air Act, as implemented through:

(a) 

40 Code of Federal Regulations (C.F.R.) Part 80, Subpart D — Reformulated Gasoline;

(b) 

40 C.F.R. Part 86, Subpart A — General Provisions for Emission Regulations;

(c) 

40 C.F.R. Part 80, section 80.29 — Controls and Prohibitions on Diesel Fuel Quality.

ANNEX IX

MEASURES FOR THE CONTROL OF EMISSIONS OF AMMONIA FROM AGRICULTURAL SOURCES

1. The Parties that are subject to obligations in Article 3(8)(a), shall take the measures set out in this Annex.

2. Each Party shall take due account of the need to reduce losses from the whole nitrogen cycle.

A.    Advisory code of good agricultural practice

3.

Within one year from the date of entry into force of the present Protocol for it, a Party shall establish, publish and disseminate an advisory code of good agricultural practice to control ammonia emissions. The code shall take into account the specific conditions within the territory of the Party and shall include provisions on:

— 
nitrogen management, taking account of the whole nitrogen cycle,
— 
livestock feeding strategies,
— 
low-emission manure-spreading techniques,
— 
low-emission manure-storage systems,
— 
low-emission animal housing systems,
— 
possibilities for limiting ammonia emissions from the use of mineral fertilisers.

Parties should give a title to the code with a view to avoiding confusion with other codes of guidance.

B.    Urea and ammonium carbonate fertilisers

4. Within one year from the date of entry into force of the present Protocol for it, a Party shall take such steps as are feasible to limit ammonia emissions from the use of solid fertilisers based on urea.

5. Within one year from the date of entry into force of the present Protocol for it, a Party shall prohibit the use of ammonium carbonate fertilisers.

C.    Manure application

6. Each Party shall ensure that low-emission slurry application techniques (as listed in guidance document V adopted by the Executive Body at its seventeenth session (Decision 1999/1) and any amendments thereto) that have been shown to reduce emissions by at least 30 % compared to the reference specified in that guidance document are used as far as the Party in question considers them applicable, taking account of local soil and geomorphological conditions, slurry type and farm structure. The timescales for the application of these measures shall be: 31 December 2009 for Parties with economies in transition and 31 December 2007 for other Parties ( 5 ).

7. Within one year from the date of entry into force of the present Protocol for it, a Party shall ensure that solid manure applied to land to be ploughed shall be incorporated within at least 24 hours of spreading as far as it considers this measure applicable, taking account of local soil and geomorphological conditions and farm structure.

D.    Manure storage

8. Within one year from the date of entry into force of the present Protocol for it, a Party shall use for new slurry stores on large pig and poultry farms of 2 000 fattening pigs or 750 sows or 40 000 poultry, low-emission storage systems or techniques that have been shown to reduce emissions by 40 % or more compared to the reference (as listed in the guidance document referred to in paragraph (6)), or other systems or techniques with a demonstrably equivalent efficiency ( 6 ).

9. For existing slurry stores on large pig and poultry farms of 2 000 fattening pigs or 750 sows or 40 000 poultry, a Party shall achieve emission reductions of 40 % in s ofar as the Party considers the necessary techniques to be technically and economically feasible () . The timescales for the application of these measures shall be: 31 December 2009 for Parties with economies in transition and 31 December 2007 for all other Parties (1) .

E.    Animal housing

10. Within one year from the date of entry into force of the present Protocol for it, a Party shall use, for new animal housing on large pig and poultry farms of 2 000 fattening pigs or 750 sows or 40 000 poultry, housing systems which have been shown to reduce emissions by 20 % or more compared to the reference (as listed in the guidance document referred to in paragraph (6)), or other systems or techniques with a demonstrably equivalent efficiency () . Applicability may be limited for animal welfare reasons, for instance in straw-based systems for pigs and aviary and free-range systems for poultry.

▼M5

PROTOCOL

to the 1979 Convention on Long Range Transboundary Air Pollution on Persistent Organic Pollutants



THE PARTIES,

DETERMINED to implement the Convention on Long Range Transboundary Air Pollution,

RECOGNISING that emissions of many persistent organic pollutants are transported across international boundaries and are deposited in Europe, North America and the Arctic, far from their site of origin, and that the atmosphere is the dominant medium of transport,

AWARE that persistent organic pollutants resist degradation under natural conditions and have been associated with adverse effects on human health and the environment,

CONCERNED that persistent organic pollutants can biomagnify in upper trophic levels to concentrations which might affect the health of exposed wildlife and humans,

ACKNOWLEDGING that the Arctic ecosystems and especially its indigenous people, who subsist on Arctic fish and mammals, are particularly at risk because of the biomagnification of persistent organic pollutants,

MINDFUL that measures to control emissions of persistent organic pollutants would also contribute to the protection of the environment and human health in areas outside the United Nations Economic Commission for Europe's region, including the Arctic and international waters,

RESOLVED to take measures to anticipate, prevent or minimize emissions of persistent organic pollutants, taking into account the application of the precautionary approach, as set forth in principle 15 of the Rio Declaration on Environment and Development,

REAFFIRMING that States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and development policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction,

NOTING the need for global action on persistent organic pollutants and recalling the role envisaged in chapter 9 of Agenda 21 for regional agreements to reduce global transboundary air pollution and, in particular, for the United Nations Economic Commission for Europe to share its regional experience with other regions of the world,

RECOGNISING that there are subregional, regional and global regimes in place, including international instruments governing the management of hazardous wastes, their transboundary movement and disposal, in particular the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal,

CONSIDERING that the predominant sources of air pollution contributing to the accumulation of persistent organic pollutants are the use of certain pesticides, the manufacture and use of certain chemicals, and the unintentional formation of certain substances in waste incineration, combustion, metal production and mobile sources,

AWARE that techniques and management practices are available to reduce emissions of persistent organic pollutants into the air,

CONSCIOUS of the need for a cost-effective regional approach to combating air pollution,

NOTING the important contribution of the private and non-governmental sectors to knowledge of the effects associated with persistent organic pollutants, available alternatives and abatement techniques, and their role in assisting in the reduction of emissions of persistent organic pollutants,

BEARING IN MIND that measures taken to reduce persistent organic pollutant emissions should not constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international competition and trade,

TAKING INTO CONSIDERATION existing scientific and technical data on emissions, atmospheric processes and effects on human health and the environment of persistent organic pollutants, as well as on abatement costs, and acknowledging the need to continue scientific and technical cooperation to further the understanding of these issues,

RECOGNISING the measures on persistent organic pollutants already taken by some of the Parties on a national level and/or under other international conventions,

HAVE AGREED as follows:



Article 1

Definitions

For the purposes of the present Protocol,

1. 

‘Convention’ means the Convention on Long Range Transboundary Air Pollution, adopted in Geneva on 13 November 1979;

2. 

‘EMEP’ means the Cooperative Programme for Monitoring and Evaluation of the Long range Transmission of Air Pollutants in Europe;

3. 

‘Executive Body’ means the Executive Body for the Convention constituted under Article 10(1) of the Convention;

4. 

‘Commission’ means the United Nations Economic Commission for Europe;

5. 

‘Parties’ means, unless the context otherwise requires, the Parties to the present Protocol;

6. 

‘Geographical scope of EMEP’ means the area defined in Article 1(4) of the Protocol to the 1979 Convention on Long-range Transboundary Air Pollution on Long-term Financing of the Cooperative Programme for Monitoring and Evaluation of the Long Range Transmission of Air Pollutants in Europe (EMEP), adopted in Geneva on 28 September 1984;

7. 

‘Persistent organic pollutants’ (POPs) are organic substances that: (i) possess toxic characteristics; (ii) are persistent; (iii) bioaccumulate; (iv) are prone to long-range transboundary atmospheric transport and deposition; and (v) are likely to cause significant adverse human health or environmental effects near to and distant from their sources;

8. 

‘Substance’ means a single chemical species, or a number of chemical species which form a specific group by virtue of (a) having similar properties and being emitted together into the environment; or (b) forming a mixture normally marketed as a single article;

9. 

‘Emission’ means the release of a substance from a point or diffuse source into the atmosphere;

10. 

‘Stationary source’ means any fixed building, structure, facility, installation, or equipment that emits or may emit any persistent organic pollutant directly or indirectly into the atmosphere;

11. 

‘Major stationary source category’ means any stationary source category listed in annex VIII;

12. 

‘New stationary source’ means any stationary source of which the construction or substantial modification is commenced after the expiry of two years from the date of entry into force of: (i) this Protocol; or (ii) an amendment to Annex III or VIII, where the stationary source becomes subject to the provisions of this Protocol only by virtue of that amendment. It shall be a matter for the competent national authorities to decide whether a modification is substantial or not, taking into account such factors as the environmental benefits of the modification.

Article 2

Objective

The objective of the present Protocol is to control, reduce or eliminate discharges, emissions and losses of persistent organic pollutants.

Article 3

Basic obligations

1.  Except where specifically exempted in accordance with Article 4, each Party shall take effective measures:

(a) 

to eliminate the production and use of the substances listed in Annex I in accordance with the implementation requirements specified therein;

(b) 
(i) 

to ensure that, when the substances listed in Annex I are destroyed or disposed of, such destruction or disposal is undertaken in an environmentally sound manner, taking into account relevant subregional, regional and global regimes governing the management of hazardous wastes and their disposal, in particular the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal;

(ii) 

to endeavour to ensure that the disposal of substances listed in Annex I is carried out domestically, taking into account pertinent environmental considerations;

(iii) 

to ensure that the transboundary movement of the substances listed in annex I is conducted in an environmentally sound manner, taking into consideration applicable subregional, regional, and global regimes governing the transboundary movement of hazardous wastes, in particular the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal;

(c) 

to restrict the substances listed in Annex II to the uses described, in accordance with the implementation requirements specified therein.

2.  The requirements specified in paragraph 1(b) shall become effective for each substance upon the date that production or use of that substance is eliminated, whichever is later.

3.  For substances listed in Annex I, II, or III, each Party should develop appropriate strategies for identifying articles still in use and wastes containing such substances, and shall take appropriate measures to ensure that such wastes and such articles, upon becoming wastes, are destroyed or disposed of in an environmentally sound manner.

4.  For the purposes of paragraphs 1 to 3, the terms waste, disposal, and environmentally sound shall be interpreted in a manner consistent with the use of those terms under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal.

5.  Each Party shall:

(a) 

reduce its total annual emissions of each of the substances listed in Annex III from the level of the emission in a reference year set in accordance with that annex by taking effective measures, appropriate in its particular circumstances;

(b) 

no later than the timescales specified in Annex VI, apply:

(i) 

the best available techniques, taking into consideration Annex V, to each new stationary source within a major stationary source category for which Annex V identifies best available techniques;

(ii) 

limit values at least as stringent as those specified in Annex IV to each new stationary source within a category mentioned in that annex, taking into consideration Annex V. A Party may, as an alternative, apply different emission reduction strategies that achieve equivalent overall emission levels;

(iii) 

the best available techniques, taking into consideration Annex V, to each existing stationary source within a major stationary source category for which Annex V identifies best available techniques, insofar as this is technically and economically feasible. A Party may, as an alternative, apply different emission reduction strategies that achieve equivalent overall emission reductions;

(iv) 

limit values at least as stringent as those specified in Annex IV to each existing stationary source within a category mentioned in that Annex, insofar as this is technically and economically feasible, taking into consideration Annex V. A Party may, as an alternative, apply different emission reduction strategies that achieve equivalent overall emission reductions;

(v) 

effective measures to control emissions from mobile sources, taking into consideration Annex VII.

6.  In the case of residential combustion sources, the obligations set out in paragraph 5(b)(i) and (iii) shall refer to all stationary sources in that category taken together.

7.  Where a Party, after the application of paragraph 5(b), cannot achieve the requirements of paragraph 5(a) for a substance specified in Annex III, it shall be exempted from its obligations in paragraph 5(a) for that substance.

8.  Each Party shall develop and maintain emission inventories for the substances listed in Annex III, and shall collect available information relating to the production and sales of the substances listed in Annexes I and II, for those Parties within the geographical scope of EMEP, using, as a minimum, the methodologies and the spatial and temporal resolution specified by the Steering Body of EMEP, and, for those Parties outside the geographical scope of EMEP, using as guidance the methodologies developed through the work plan of the Executive Body. It shall report this information in accordance with the reporting requirements set out in Article 9.

Article 4

Exemptions

1.  Article 3(1) shall not apply to quantities of a substance to be used for laboratory-scale research or as a reference standard.

2.  A Party may grant an exemption from Article 3(1)(a) and (c) in respect of a particular substance, provided that the exemption is not granted or used in a manner that would undermine the objectives of the present Protocol, and only for the following purposes and under the following conditions:

(a) 

for research other than that referred to in paragraph 1 if:

(i) 

no significant quantity of the substance is expected to reach the environment during the proposed use and subsequent disposal;

(ii) 

the objectives and parameters of such research are subject to assessment and authorization by the Party; and

(iii) 

in the event of a significant release of a substance into the environment, the exemption will terminate immediately, measures will be taken to mitigate the release as appropriate, and an assessment of the containment measures will be conducted before research may resume;

(b) 

to manage as necessary a public health emergency, if:

(i) 

no suitable alternative measures are available to the Party to address the situation;

(ii) 

the measures taken are proportional to the magnitude and severity of the emergency;

(iii) 

appropriate precautions are taken to protect human health and the environment and to ensure that the substance is not used outside the geographical area subject to the emergency;

(iv) 

the exemption is granted for a period of time that does not exceed the duration of the emergency; and

(v) 

upon termination of the emergency, any remaining stocks of the substance are subject to the provisions of Article 3(1)(b);

(c) 

for a minor application judged to be essential by the Party, if:

(i) 

the exemption is granted for a maximum of five years;

(ii) 

the exemption has not previously been granted by it under this article;

(iii) 

no suitable alternatives exist for the proposed use;

(iv) 

the Party has estimated the emissions of the substance resulting from the exemption and their contribution to the total emissions of the substance from the Parties;

(v) 

adequate precautions are taken to ensure that the emissions to the environment are minimised; and

(vi) 

upon termination of the exemption, any remaining stocks of the substance are subject to the provisions of Article 3(1)(b).

3.  Each Party shall, no later than 90 days after granting an exemption under paragraph 2, provide the secretariat with, as a minimum, the following information:

(a) 

the chemical name of the substance subject to the exemption;

(b) 

the purpose for which the exemption has been granted;

(c) 

the conditions under which the exemption has been granted;

(d) 

the length of time for which the exemption has been granted;

(e) 

those to whom, or the organization to which, the exemption applies; and

(f) 

for an exemption granted under paragraphs 2(a) and (c), the estimated emissions of the substance as a result of the exemption and an assessment of their contribution to the total emissions of the substance from the Parties.

4.  The secretariat shall make available to all Parties the information received under paragraph 3.

Article 5

Exchange of information and technology

The Parties shall, in a manner consistent with their laws, regulations and practices, create favourable conditions to facilitate the exchange of information and technology designed to reduce the generation and emission of persistent organic pollutants and to develop cost-effective alternatives, by promoting, inter alia:

(a) 

contacts and cooperation among appropriate organisations and individuals in the private and public sectors that are capable of providing technology, design and engineering services, equipment or finance;

(b) 

the exchange of and access to information on the development and use of alternatives to persistent organic pollutants as well as on the evaluation of the risks that such alternatives pose to human health and the environment, and information on the economic and social costs of such alternatives;

(c) 

the compilation and regular updating of lists of their designated authorities engaged in similar activities in other international forums;

(d) 

the exchange of information on activities conducted in other international forums.

Article 6

Public awareness

The Parties shall, consistent with their laws, regulations and practices, promote the provision of information to the general public, including individuals who are direct users of persistent organic pollutants. This information may include, inter alia:

(a) 

information, including labelling, on risk assessment and hazard;

(b) 

information on risk reduction;

(c) 

information to encourage the elimination of persistent organic pollutants or a reduction in their use, including, where appropriate, information on integrated pest management, integrated crop management and the economic and social impacts of this elimination or reduction; and

(d) 

information on alternatives to persistent organic pollutants, as well as an evaluation of the risks that such alternatives pose to human health and the environment, and information on the economic and social impacts of such alternative.

Article 7

Strategies, policies, programmes, measures and information

1.  Each Party shall, no later than six months after the date on which this Protocol enters into force for it, develop strategies, policies and programmes in order to discharge its obligations under the present Protocol.

2.  Each Party shall:

(a) 

encourage the use of economically feasible, environmentally sound management techniques, including best environmental practices, with respect to all aspects of the use, production, release, processing, distribution, handling, transport and reprocessing of substances subject to the present Protocol and manufactured articles, mixtures or solutions containing such substances;

(b) 

encourage the implementation of other management programmes to reduce emissions of persistent organic pollutants, including voluntary programmes and the use of economic instruments;

(c) 

consider the adoption of additional policies and measures as appropriate in its particular circumstances, which may include non-regulatory approaches;

(d) 

make determined efforts that are economically feasible to reduce levels of substances subject to the present Protocol that are contained as contaminants in other substances, chemical products or manufactured articles, as soon as the relevance of the source has been established;

(e) 

take into consideration in its programmes for evaluating substances, the characteristics specified in paragraph 1 of Executive Body Decision 1998/2 on information to be submitted and procedures for adding substances to Annex I, II or III, including any amendments thereto.

3.  The Parties may take more stringent measures than those required by the present Protocol.

Article 8

Research, development and monitoring

The Parties shall encourage research, development, monitoring and cooperation related, but not limited, to:

(a) 

emissions, long-range transport and deposition levels and their modelling, existing levels in the biotic and abiotic environment, the elaboration of procedures for harmonizing relevant methodologies;

(b) 

pollutant pathways and inventories in representative ecosystems;

(c) 

relevant effects on human health and the environment, including quantification of those effects;

(d) 

best available techniques and practices, including agricultural practices, and emission control techniques and practices currently employed by the Parties or under development;

(e) 

methodologies permitting consideration of socioeconomic factors in the evaluation of alternative control strategies;

(f) 

an effects-based approach which integrates appropriate information, including information obtained under subparagraphs (a) to (e), on measured or modelled environmental levels, pathways, and effects on human health and the environment, for the purpose of formulating future control strategies which also take into account economic and technological factors;

(g) 

methods for estimating national emissions and projecting future emissions of individual persistent organic pollutants and for evaluating how such estimates and projections can be used to structure future obligations;

(h) 

levels of substances subject to the present Protocol that are contained as contaminants in other substances, chemical products or manufactured articles and the significance of these levels for long-range transport, as well as techniques to reduce levels of these contaminants, and, in addition, levels of persistent organic pollutants generated during the life cycle of timber treated with pentachlorophenol.

Priority should be given to research on substances considered to be the most likely to be submitted under the procedures specified in Article 14(6).

Article 9

Reporting

1.  Subject to its laws governing the confidentiality of commercial information:

(a) 

each Party shall report, through the Executive Secretary of the Commission, to the Executive Body, on a periodic basis as determined by the Parties meeting within the Executive Body, information on the measures that it has taken to implement the present Protocol;

(b) 

each Party within the geographical scope of EMEP shall report, through the Executive Secretary of the Commission, to EMEP, on a periodic basis to be determined by the Steering Body of EMEP and approved by the Parties at a session of the Executive Body, information on the levels of emissions of persistent organic pollutants using, as a minimum, the methodologies and the temporal and spatial resolution specified by the Steering Body of EMEP. Parties in areas outside the geographical scope of EMEP shall make available similar information to the Executive Body if requested to do so. Each Party shall also provide information on the levels of emissions of the substances listed in Annex III for the reference year specified in that Annex.

2.  The information to be reported in accordance with paragraph 1 (a) above shall be in conformity with a decision regarding format and content to be adopted by the Parties at a session of the Executive Body. The terms of this decision shall be reviewed as necessary to identify any additional elements regarding the format or the content of the information that is to be included in the reports.

3.  In good time before each annual session of the Executive Body, EMEP shall provide information on the long-range transport and deposition of persistent organic pollutants.

Article 10

Reviews by the Parties at sessions of the Executive Body

1.  The Parties shall, at sessions of the Executive Body, pursuant to Article 10(2)(a), of the Convention, review the information supplied by the Parties, EMEP and other subsidiary bodies, and the reports of the Implementation Committee referred to in Article 11 of the present Protocol.

2.  The Parties shall, at sessions of the Executive Body, keep under review the progress made towards achieving the obligations set out in the present Protocol.

3.  The Parties shall, at sessions of the Executive Body, review the sufficiency and effectiveness of the obligations set out in the present Protocol. Such reviews will take into account the best available scientific information on the effects of the deposition of persistent organic pollutants, assessments of technological developments, changing economic conditions and the fulfilment of the obligations on emission levels. The procedures, methods and timing for such reviews shall be specified by the Parties at a session of the Executive Body. The first such review shall be completed no later than three years after the present Protocol enters into force.

Article 11

Compliance

Compliance by each Party with its obligations under the present Protocol shall be reviewed regularly. The Implementation Committee established by Decision 1997/2 of the Executive Body at its 15th session shall carry out such reviews and report to the Parties meeting within the Executive Body in accordance with the terms of the Annex to that Decision, including any amendments thereto.

Article 12

Settlement of disputes

1.  In the event of a dispute between any two or more Parties concerning the interpretation or application of the present Protocol, the Parties concerned shall seek a settlement of the dispute through negotiation or any other peaceful means of their own choice. The parties to the dispute shall inform the Executive Body of their dispute.

2.  When ratifying, accepting, approving or acceding to the present Protocol, or at anytime thereafter, a Party which is not a regional economic integration organization may declare in a written instrument submitted to the Depositary that, in respect of any dispute concerning the interpretation or application of the Protocol, it recognizes one or both of the following means of dispute settlement as compulsory ipso facto and without special agreement, in relation to any Party accepting the same obligation:

(a) 

submission of the dispute to the International Court of Justice;

(b) 

arbitration in accordance with procedures to be adopted by the Parties at a session of the Executive Body, as soon as practicable, in an annex on arbitration.

A Party which is a regional economic integration organization may make a declaration with like effect in relation to arbitration in accordance with the procedures referred to in subparagraph (b).

3.  A declaration made under paragraph 2 shall remain in force until it expires in accordance with its terms or until three months after written notice of its revocation has been deposited with the Depositary.

4.  A new declaration, a notice of revocation or the expiry of a declaration shall not in any way affect proceedings pending before the International Court of Justice or the arbitral tribunal, unless the parties to the dispute agree otherwise.

5.  Except in a case where the parties to a dispute have accepted the same means of dispute settlement under paragraph 2, if after 12 months following notification by one Party to another that a dispute exists between them, the Parties concerned have not been able to settle their dispute through the means mentioned in paragraph 1 above, the dispute shall be submitted, at the request of any of the parties to the dispute, to conciliation.

6.  For the purpose of paragraph 5, a conciliation commission shall be created. The commission shall be composed of equal numbers of members appointed by each Party concerned or, where the Parties in conciliation share the same interest, by the group sharing that interest, and a chairperson chosen jointly by the members so appointed. The commission shall render a recommendatory award, which the Parties shall consider in good faith.

Article 13

Annexes

The annexes to the present Protocol shall form an integral part of the Protocol. Annexes V and VII are recommendatory in character.

Article 14

Amendments

1.  Any Party may propose amendments to the present Protocol.

2.  Proposed amendments shall be submitted in writing to the Executive Secretary of the Commission, who shall communicate them to all Parties. The Parties meeting within the Executive Body shall discuss the proposed amendments at its next session, provided that the proposals have been circulated by the Executive Secretary to the Parties at least 90 days in advance.

3.  Amendments to the present Protocol and to Annexes I to IV, VI and VIII shall be adopted by consensus of the Parties present at a session of the Executive Body, and shall enter into force for the Parties which have accepted them on the 90th day after the date on which two thirds of the Parties have deposited with the Depositary their instruments of acceptance thereof. Amendments shall enter into force for any other Party on the 90th day after the date on which that Party has deposited its instrument of acceptance thereof.

4.  Amendments to Annexes V and VII shall be adopted by consensus of the Parties present at a session of the Executive Body. On the expiry of 90 days from the date of its communication to all Parties by the Executive Secretary of the Commission, an amendment to any such Annex shall become effective for those Parties which have not submitted to the Depositary a notification in accordance with the provisions of paragraph 5 below, provided that at least 16 Parties have not submitted such a notification.

5.  Any Party that is unable to approve an amendment to Annex V or VII shall so notify the Depositary in writing within 90 days from the date of the communication of its adoption. The Depositary shall without delay notify all Parties of any such notification received. A Party may at any time substitute an acceptance for its previous notification and, upon deposit of an instrument of acceptance with the Depositary, the amendment to such an Annex shall become effective for that Party.

6.  In the case of a proposal to amend Annex I, II, or III by adding a substance to the present Protocol:

(a) 

the proposer shall provide the Executive Body with the information specified in Executive Body decision 1998/2, including any amendments thereto; and

(b) 

the Parties shall evaluate the proposal in accordance with the procedures set forth in Executive Body decision 1998/2, including any amendments thereto.

7.  Any decision to amend Executive Body decision 1998/2 shall be taken by consensus of the Parties meeting within the Executive Body and shall take effect 60 days after the date of adoption.

Article 15

Signature

1.  The present Protocol shall be open for signature at Aarhus, Denmark, from 24 to 25 June 1998, then at United Nations Headquarters in New York until 21 December 1998, by Members States of the Commission as well as States having consultative status with the Commission pursuant to paragraph 8 of Economic and Social Council resolution 36 (IV) of 28 March 1947, and by regional economic integration organizations, constituted by sovereign States members of the Commission, which have competence in respect of the negotiation, conclusion and application of international agreements in matters covered by the Protocol, provided that the States and organisations concerned are Parties to the Convention.

2.  In matters within their competence, such regional economic integration organisations shall, on their own behalf, exercise the rights and fulfil the responsibilities which the present Protocol attributes to their Member States. In such cases, the Member States of these organisations shall not be entitled to exercise such rights individually.

Article 16

Ratification, acceptance, approval and accession

1.  The present Protocol shall be subject to ratification, acceptance or approval by Signatories.

2.  The present Protocol shall be open for accession as from 21 December 1998 by the States and organisations that meet the requirements of Article 15(1).

Article 17

Depositary

The instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the United Nations, who will perform the functions of Depositary.

Article 18

Entry into force

1.  The present Protocol shall enter into force on the 90th day following the date on which the 16th instrument of ratification, acceptance, approval or accession has been deposited with the Depositary.

2.  For each State and organisation referred to in Article 15(1), which ratifies, accepts or approves the present Protocol or accedes thereto after the deposit of the sixteenth instrument of ratification, acceptance, approval or accession, the Protocol shall enter into force on the 90th day following the date of deposit by such Party of its instrument of ratification, acceptance, approval or accession.

Article 19

Withdrawal

At any time after five years from the date on which the present Protocol has come into force with respect to a Party, that Party may withdraw from it by giving written notification to the Depositary. Any such withdrawal shall take effect on the 90th day following the date of its receipt by the Depositary, or on such later date as may be specified in the notification of the withdrawal.

Article 20

Authentic texts

The original of the present Protocol, of which the English, French and Russian texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

ANNEX I

SUBSTANCES SCHEDULED FOR ELIMINATION

Unless otherwise specified in the present Protocol, this Annex shall not apply to the substances listed below when they occur: (i) as contaminants in products; or (ii) in articles manufactured or in use by the implementation date; or (iii) as site-limited chemical intermediates in the manufacture of one or more different substances and are thus chemically transformed. Unless otherwise specified, each obligation below is effective upon the date of entry into force of the Protocol.



Substance

Implementation requirements

Elimination of

Conditions

Aldrin

CAS: 309-00-2

Production

None

Use

None

Chlordane

CAS: 57-74-9

Production

None

Use

None

Chlordecone

CAS: 143-50-0

Production

None

Use

None

DDT

CAS: 50-29-3

Production

1.  Eliminate production within one year of consensus by the Parties that suitable alternatives to DDT are available for public health protection from diseases such as malaria and encephalitis.

2.  With a view to eliminating the production of DDT at the earliest opportunity, the Parties shall, no later than one year after the date of entry into force of the present Protocol and periodically thereafter as necessary, and in consultation with the World Health Organisation, the Food and Agriculture Organisation of the United Nations and the United Nations Environment Programme, review the availability and feasibility of alternatives and, as appropriate, promote the commercialisation of safer and economically viable alternatives to DDT.

Use

None, except as identified in Annex II.

Dieldrin

CAS: 60-57-1

Production

None

Use

None

Endrin

CAS: 72-20-8

Production

None

Use

None

Heptachlor

CAS: 76-44-8

Production

None

Use

None, except for use by certified personnel for the control of fire ants in closed industrial electrical junction boxes. Such use shall be re-evaluated under this Protocol no later than two years after the date of entry into force.

Hexabromobiphenyl

CAS: 36355-01-8

Production

None

Use

None

Hexachlorobenzene

CAS: 118-74-1

Production

None, except for production for a limited purpose as specified in a statement deposited by a country with an economy in transition upon signature or accession.

Use

None, except for a limited use as specified in a statement deposited by a country with an economy in transition upon signature or accession.

Mirex

CAS: 2385-85-5

Production

None

Use

None

PCB (a)

Production

None, except for countries with economies in transition which shall eliminate production as soon as possible and no later than 31 December 2005 and which state in a declaration to be deposited together with their instrument of ratification, acceptance, approval or accession, their intention to do so.

Use

None, except as identified in Annex II.

Toxaphene

CAS: 8001-35-2

Production

None

Use

None

(a):  The Parties agree to reassess under the Protocol by 31 December 2004 the production and use of polychlorinated terphenyls and ‘ugilec ’.

ANNEX II

SUBSTANCES SCHEDULED FOR RESTRICTIONS ON USE

Unless otherwise specified in the present Protocol, this annex shall not apply to the substances listed below when they occur: (i) as contaminants in products; or (ii) in articles manufactured or in use by the implementation date; or (iii) as site-limited chemical intermediates in the manufacture of one or more different substances and are thus chemically transformed. Unless otherwise specified, each obligation below is effective upon the date of entry into force of the Protocol.



Substance

Implementation requirements

Restricted to uses

Conditions

DDT

CAS: 50-29-3

1.  For public health protection from diseases such as malaria and encephalitis.

1.  Use allowed only as a component of an integrated pest management strategy and only to the extent necessary and only until one year after the date of the elimination of production in accordance with Annex I.

2.  As a chemical intermediate to produce Dicofol.

2.  Such use shall be reassessed no later than two years after the date of entry into force of the present Protocol.

HCH

CAS: 608-73-1

Technical HCH (i.e. HCH mixed isomers) is restricted to use as an intermediate in chemical manufacturing.

 

Products in which at least 99 % of the HCH isomer is in the gamma form (i.e. lindane, CAS: 58-89-9) are restricted to the following uses:

1.  Seed treatment.

2.  Soil applications directly followed by incorporation into the topsoil surface layer.

3.  Professional remedial and industrial treatment of lumber, timber and logs.

4.  Public health and veterinary topical insecticide.

5.  Non-aerial application to tree seedlings, small-scale lawn use, and indoor and outdoor use for nursery stock and ornamentals.

6.  Indoor industrial and residential applications.

All restricted uses of lindane shall be reassessed under the Protocol no later than two years after the date of entry into force.

PCB (a)

PCBs in use as of the date of entry into force or produced up to 31 December 2005 in accordance with the provisions of Annex I.

Parties shall make determined efforts designed to lead to:

(a)  The elimination of the use of identifiable PCBs in equipment (i.e. transformers, capacitors or other receptacles containing residual liquid stocks) containing PCBs in volumes greater than 5 dm3 and having a concentration of 0,05 % PCBs or greater, as soon as possible, but no later than 31 December 2010, or 31 December 2015 for countries with economies in transition;

(b)  The destruction or decontamination in an environmentally sound manner of all liquid PCBs referred to in subparagraph (a) and other liquid PCBs containing more than 0,005 % PCBs not in equipment, as soon as possible, but no later than 31 December 2015, or 31 December 2020 for countries with economies in transition; and

(c)  The decontamination or disposal of equipment referred to in subparagraph (a) in an environmentally sound manner.

(a):  The Parties agree to reassess under the Protocol by 31 December 2004 the production and use of polychlorinated terphenyls and ‘ugilec ’.

ANNEX III



SUBSTANCES REFERRED TO IN ARTICLE 3(50)(a), AND THE REFERENCE YEAR FOR THE OBLIGATION

Substance

Reference year

PAHs (a)

1990; or an alternative year from 1985 to 1995 inclusive, specified by a Party upon ratification, acceptance, approval or accession.

Dioxins/furans (b)

1990; or an alternative year from 1985 to 1995 inclusive, specified by a Party upon ratification, acceptance, approval or accession.

Hexachlorobenzene

1990; or an alternative year from 1985 to 1995 inclusive, specified by a Party upon ratification, acceptance, approval or accession.

(a)  Polycyclic aromatic hydrocarbons (PAHs): For the purposes of emission inventories, the following four indicator compounds shall be used: benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene, and indeno(1,2,3-cd)pyrene.

(b)  Dioxins and furans (PCDD/F): Polychlorinated dibenzo-p-dioxins (PCDD) and polychlorinated dibenzofurans (PCDF) are tricyclic, aromatic compounds formed by two benzene rings which are connected by two oxygen atoms in PCDD and by one oxygen atom in PCDF and the hydrogen atoms of which may be replaced by up to eight chlorine atoms.

ANNEX IV

LIMIT VALUES FOR PCDD/F FROM MAJOR STATIONARY SOURCES

I.    Introduction

1. A definition of dioxins and furans (PCDD/F) is provided in Annex III to the present Protocol.

2. Limit values are expressed as ng/m3 or mg/m3 under standard conditions (273,15 K, 101,3 kPa, and dry gas).

3. Limit values relate to the normal operating situation, including start-up and shutdown procedures, unless specific limit values have been defined for those situations.

4. Sampling and analysis of all pollutants shall be carried out according to the standards laid down by the Comité européen de normalisation (CEN), the International Organisation for Standardisation (ISO), or the corresponding United States or Canadian reference methods. While awaiting the development of CEN or ISO standards, national standards shall apply.

5. For verification purposes, the interpretation of measurement results in relation to the limit value must also take into account the inaccuracy of the measurement method. A limit value is considered to be met if the result of the measurement, from which the inaccuracy of the measurement method is subtracted, does not exceed it.

6. Emissions of different congeners of PCDD/F are given in toxicity equivalents (TE) in comparison to 2,3,7,8-TCDD using the system proposed by the NATO Committee on the Challenges of Modern Society (NATO-CCMS) in 1988.

II.    Limit values for major stationary sources

7. The following limit values, which refer to 11 % O2 concentration in flue gas, apply to the following incinerator types:

— 
municipal solid waste (burning more than three tonnes per hour)
0,1 ng TE/m3
— 
medical solid waste (burning more than one tonne per hour)
0,5 ng TE/m3
— 
hazardous waste (burning more than one tonne per hour)
0,2 ng TE/m3

ANNEX V

BEST AVAILABLE TECHNIQUES TO CONTROL EMISSIONS OF PERSISTENT ORGANIC POLLUTANTS FROM MAJOR STATIONARY SOURCES

I.    Introduction

1.

The purpose of this Annex is to provide the Parties to the Convention with guidance in identifying best available techniques to allow them to meet the obligations in Article 3(5) of the Protocol.

2.

‘Best available techniques’ (BAT) means the most effective and advanced stage in the development of activities and their methods of operation which indicate the practical suitability of particular techniques for providing in principle the basis for emission limit values designed to prevent and, where that is not practicable, generally to reduce emissions and their impact on the environment as a whole:

— 
‘techniques’ includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned,
— 
‘available’ techniques means those developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages, whether or not the techniques are used or produced inside the territory of the Party in question, as long as they are reasonably accessible to the operator,
— 
‘best’ means most effective in achieving a high general level of protection of the environment as a whole.

In determining the best available techniques, special consideration should be given, generally or in specific cases, to the factors below, bearing in mind the likely costs and benefits of a measure and the principles of precaution and prevention:

— 
the use of low-waste technology,
— 
the use of less hazardous substances,
— 
the furthering of recovery and recycling of substances generated and used in the process and of waste,
— 
comparable processes, facilities or methods of operation which have been tried with success on an industrial scale,
— 
technological advances and changes in scientific knowledge and understanding,
— 
the nature, effects and volume of the emissions concerned,
— 
the commissioning dates for new or existing installations,
— 
the time needed to introduce the best available technique,
— 
the consumption and nature of raw materials (including water) used in the process and its energy efficiency,
— 
the need to prevent or reduce to a minimum the overall impact of the emissions on the environment and the risks to it,
— 
the need to prevent accidents and to minimise their consequences for the environment.

The concept of best available techniques is not aimed at the prescription of any specific technique or technology, but at taking into account the technical characteristics of the installation concerned, its geographical location and the local environmental conditions.

3.

Information regarding the effectiveness and costs of control measures is based on documents received and reviewed by the Task Force and the Preparatory Working Group on POPs. Unless otherwise indicated, the techniques listed are considered to be well established on the basis of operational experience.

4.

Experience with new plants incorporating low-emission techniques, as well as with retrofitting of existing plants, is continuously growing. The regular elaboration and amendment of the Annex will therefore be necessary. Best available techniques (BAT) identified for new plants can usually be applied to existing plants provided there is an adequate transition period and they are adapted.

5.

The Annex lists a number of control measures which span a range of costs and efficiencies. The choice of measures for any particular case will depend on a number of factors, including economic circumstances, technological infrastructure and capacity, and any existing air pollution control measures.

6.

The most important POPs emitted from stationary sources are:

(a) 

Polychlorinated dibenzo-p-dioxins/furans (PCDD/F);

(b) 

Hexachlorobenzene (HCB);

(c) 

Polycyclic aromatic hydrocarbons (PAHs).

Relevant definitions are provided in Annex III to the present Protocol.

II.    Major stationary sources of POP emissions

7.

PCDD/F are emitted from thermal processes involving organic matter and chlorine as a result of incomplete combustion or chemical reactions. Major stationary sources of PCDD/F may be as follows:

(a) 

waste incineration, including co-incineration;

(b) 

thermal metallurgical processes, e.g. production of aluminium and other non-ferrous metals, iron and steel;

(c) 

combustion plants providing energy;

(d) 

residential combustion; and

(e) 

specific chemical production processes releasing intermediates and by-products.

8.

Major stationary sources of PAH emissions may be as follows:

(a) 

domestic wood and coal heating;

(b) 

open fires such as refuse burning, forest fires and after-crop burning;

(c) 

coke and anode production;

(d) 

aluminium production (via Soederberg process); and

(e) 

wood preservation installations, except for a Party for which this category does not make a significant contribution to its total emissions of PAH (as defined in Annex III).

9.

Emissions of HCB result from the same type of thermal and chemical processes as those emitting PCDD/F, and HCB is formed by a similar mechanism. Major sources of HCB emissions may be as follows:

(a) 

waste incineration plants, including co-incineration;

(b) 

thermal sources of metallurgical industries; and

(c) 

use of chlorinated fuels in furnace installations.

III.    General approaches to controlling emissions of POPs

10.

There are several approaches to the control or prevention of POP emissions from stationary sources. These include the replacement of relevant feed materials, process modifications (including maintenance and operational control) and retrofitting existing plants. The following list provides a general indication of available measures, which may be implemented either separately or in combination:

(a) 

replacement of feed materials which are POPs or where there is a direct link between the materials and POP emissions from the source;

(b) 

best environmental practices such as good housekeeping, preventive maintenance programmes, or process changes such as closed systems (for instance in cokeries or use of inert electrodes for electrolysis);

(c) 

modification of process design to ensure complete combustion, thus preventing the formation of persistent organic pollutants, through the control of parameters such as incineration temperature or residence time;

(d) 

methods for flue-gas cleaning such as thermal or catalytic incineration or oxidation, dust precipitation, adsorption;

(e) 

treatment of residuals, wastes and sewage sludge by, for example, thermal treatment or rendering them inert.

11.

The emission levels given for different measures in tables 1, 2, 4, 5, 6, 8 and 9 are generally case-specific. The figures or ranges give the emission levels as a percentage of the emission limit values using conventional techniques.

12.

Cost-efficient considerations may be based on total costs per year per unit of abatement (including capital and operational costs). POP emission reduction costs should also be considered within the framework of the overall process economics, e.g. the impact of control measures and costs of production. Given the many influencing factors, investment and operating cost figures are highly case-specific.

IV.    Control techniques for the reduction of PCDD/F emissions

A.    Waste incineration

13.

Waste incineration includes municipal waste, hazardous waste, medical waste and sewage sludge incineration.

14.

The main control measures for PCDD/F emissions from waste incineration facilities are:

(a) 

Primary measures regarding incinerated wastes;

(b) 

Primary measures regarding process techniques;

(c) 

Measures to control physical parameters of the combustion process and waste gases (e.g. temperature stages, cooling rate, O2 content, etc.);

(d) 

Cleaning of the flue gas; and

(e) 

Treatment of residuals from the cleaning process.

15.

The primary measures regarding the incinerated wastes, involving the management of feed material by reducing halogenated substances and replacing them by non-halogenated alternatives, are not appropriate for municipal or hazardous waste incineration. It is more effective to modify the incineration process and install secondary measures for flue-gas cleaning. The management of feed material is a useful primary measure for waste reduction and has the possible added benefit of recycling. This may result in indirect PCDD/F reduction by decreasing the waste amounts to be incinerated.

16.

The modification of process techniques to optimize combustion conditions is an important and effective measure for the reduction of PCDD/F emissions (usually 850 °C or higher, assessment of oxygen supply depending on the heating value and consistency of the wastes, sufficient residence time - 850 °C for approximately two seconds - and turbulence of the gas, avoidance of cold gas regions in the incinerator, etc.). Fluidized bed incinerators keep a lower temperature than 850 °C with adequate emission results. For existing incinerators this would normally involve redesigning and/or replacing a plant - an option which may not be economically viable in all countries. The carbon content in ashes should be minimized.

17.

Flue gas measures. The following measures are possibilities for lowering reasonably effectively the PCDD/F content in the flue gas. The de novo synthesis takes place at about 250 to 450 °C. These measures are a prerequisite for further reductions to achieve the desired levels at the end of the pipe:

(a) 

quenching the flue gases (very effective and relatively inexpensive);

(b) 

adding inhibitors such as triethanolamine or triethylamine (can reduce oxides of nitrogen as well), but side-reactions have to be considered for safety reasons;

(c) 

using dust collection systems for temperatures between 800 and 1 000 °C, e.g. ceramic filters and cyclones;

(d) 

using low-temperature electric discharge systems; and

(e) 

avoiding fly ash deposition in the flue gas exhaust system.

18.

Methods for cleaning the flue gas are:

(a) 

conventional dust precipitators for the reduction of particle-bound PCDD/F;

(b) 

selective catalytic reduction (SCR) or selective non-catalytic reduction (SNCR);

(c) 

adsorption with activated charcoal or coke in fixed or fluidised systems;

(d) 

different types of adsorption methods and optimized scrubbing systems with mixtures of activated charcoal, open hearth coal, lime and limestone solutions in fixed bed, moving bed and fluidised bed reactors. The collection efficiency for gaseous PCDD/F can be improved with the use of a suitable pre-coat layer of activated coke on the surface of a bag filter;

(e) 

H2O2-oxidation; and

(f) 

catalytic combustion methods using different types of catalysts (i.e. Pt/Al2O3 or copper-chromite catalysts with different promoters to stabilise the surface area and to reduce ageing of the catalysts).

19.

The methods mentioned above are capable of reaching emission levels of 0,1 ng TE/m3 PCDD/F in the flue gas. However, in systems using activated charcoal or coke adsorbers/filters care must be taken to ensure that fugitive carbon dust does not increase PCDD/F emissions downstream. Also, it should be noted that adsorbers and dedusting installations prior to catalysts (SCR technique) yield PCDD/F-laden residues, which need to be reprocessed or require proper disposal.

20.

A comparison between the different measures to reduce PCDD/F in flue gas is very complex. The resulting matrix includes a wide range of industrial plants with different capacities and configuration. Cost parameters include the reduction measures for minimizing other pollutants as well, such as heavy metals (particle-bound or not particle-bound). A direct relation for the reduction in PCDD/F emissions alone cannot, therefore, be isolated in most cases. A summary of the available data for the various control measures is given in table 1.



Table 1

Comparison of different flue-gas cleaning measures and process modifications in waste incineration plants to reduce PCDD/F emissions

Management options

Emission level (%)(a)

Estimated costs

Management risks

Primary measures by modification of feed materials:

 

 

Pre-sorting of feed material not effective; only parts could be collected; other chlorine-containing material, for instance kitchen salt, paper, etc., cannot be avoided. For hazardous chemical waste this is not desirable.

—  elimination of precursors and chlorine- containing feed material, and

Resulting emission level not quantified; seems not to be linearly dependent on the amount of the feed material.

 

—  management of waste streams.

 

 

Useful primary measure and feasible in special cases (for instance, waste oils, electrical components, etc.) with the possible added benefit of recycling of the materials.

Modification of process technology:

—  optimised combustion conditions,

 

 

Retrofitting of the whole process needed.

—  avoidance of temperatures below 850 °C and cold regions in flue gas,

 

 

—  sufficient oxygen content; control of oxygen input depending on the heating value and consistency of feed material, and

 

 

—  sufficient residence time and turbulence.

 

 

Flue gas measures:

Avoiding particle deposition by:

 

 

 

—  soot cleaners, mechanical rappers, sonic or steam soot blowers.

 

 

Steam soot blowing can increase PCDD/F formation rates.

Dust removal, generally in waste incinerators:

< 10

Medium

Removal of PCDD/F adsorbed onto particles. Removal methods of particles in hot flue gas streams used only in pilot plants.

—  fabric filters,

1 -0,1

Higher

Use at temperatures < 150 °C.

—  ceramic filters,

Low efficiency

Medium

Use at temperatures of 800-1 000 °C.

—  cyclones, and

Low efficiency

—  electrostatic precipitation.

Medium efficiency

 

Use at a temperature of 450 °C; promotion of the de novo synthesis of PCDD/F possible, higher NOx emissions, reduction of heat recovery.

Catalytic oxidation.

 

 

Use at temperatures of 800-1 000 °C.

Separate gas phase abatement necessary.

Gas quenching.

 

 

 

High-performance adsorption unit with added activated charcoal particles (electrodynamic venturi).

 

 

 

Selective catalytic reduction (SCR).

 

High investment and low operating costs

NOx reduction if NH3 is added; high space demand, spent catalysts and residues of activated carbon (AC) or lignite coke (ALC) may be disposed of, catalysts can be reprocessed by manufacturers in most cases, AC and ALC can be combusted under strictly controlled conditions.

Different types of wet and dry adsorption methods with mixtures of activated charcoal, open-hearth coke, lime and limestone solutions in fixed bed, moving bed and fluidised bed reactors:

—  Fixed bed reactor, adsorption with activated charcoal or open-hearth coke; and

< 2

(0,1 ng TE/m3)

High investment, medium operating costs

Removal of residuals; high demand of space.

—  Entrained flow or circulating fluidised bed reactor with added activated coke/lime or limestone solutions and subsequent fabric filter.

< 10

(0,1 ng TE/m3)

Low investment, medium operating costs

Removal of residuals.

Addition of H2O2.

2-5

(0,1 ng TE/m3)

Low investment, low operating costs

 

(a):  Remaining emission compared to unreduced mode.

21.

Medical waste incinerators may be a major source of PCDD/F in many countries. Specific medical wastes such as human anatomical parts, infected waste, needles, blood, plasma and cytostatica are treated as a special form of hazardous waste, while other medical wastes are frequently incinerated on-site in a batch operation. Incinerators operating with batch systems can meet the same requirements for PCDD/F reduction as other waste incinerators.

22.

Parties may wish to consider adopting policies to encourage the incineration of municipal and medical waste in large regional facilities rather than in smaller ones. This approach may make the application of BAT more cost-effective.

23.

The treatment of residuals from the flue-gas cleaning process. Unlike incinerator ashes, these residuals contain relatively high concentrations of heavy metals, organic pollutants (including PCDD/F), chlorides and sulphides. Their method of disposal, therefore, has to be well controlled. Wet scrubber systems in particular produce large quantities of acidic, contaminated liquid waste. Some special treatment methods exist. They include:

(a) 

the catalytic treatment of fabric filter dusts under conditions of low temperatures and lack of oxygen;

(b) 

the scrubbing of fabric filter dusts by the 3-R process (extraction of heavy metals by acids and combustion for destruction of organic matter);

(c) 

the vitrification of fabric filter dusts;

(d) 

further methods of immobilisation; and

(e) 

the application of plasma technology.

B.    Thermal processes in the metallurgical industry

24.

Specific processes in the metallurgical industry may be important remaining sources of PCDD/F emissions. These are:

(a) 

Primary iron and steel industry (e.g. blast furnaces, sinter plants, iron pelletising);

(b) 

Secondary iron and steel industry; and

(c) 

Primary and secondary non-ferrous metal industry (production of copper).

PCDD/F emission control measures for the metallurgical industries are summarized in table 2



Table 2

Emission reduction of PCDD/F in the metallurgical industry

Management options

Emission level (%) (a)

Estimated costs

Management risks

Sinter plants

Primary measures:

—  Optimisation/encapsulation of sinter conveying belts;

 

Low

Not 100 % achievable

—  Waste gas recirculation e.g. emission optimised sintering (EOS) reducing waste gas flow by approximately 35 % (reduced costs of further secondary measures by the reduced waste gas flow), cap. 1 million Nm3/h;

40

Low

 

Secondary measures:

—  Electrostatic precipitation + molecular sieve;

Medium efficiency

Medium

 

—  Addition of limestone/activated carbon mixtures;

High efficiency

(0,1 ngTE/m3)

Medium

 

—  High-performance scrubbers — existing installation: AIRFINE (Voest Alpine Stahl Linz) since 1993 for 600 000 Nm3/h; second installation planned in the Netherlands (Hoogoven) for 1998.

High efficiency emission reduction to (0,2-0,4 ng TE/ m3)

Medium

0,1 ng TE/m3 could be reached with higher energy demand; no existing installation.

Non-ferrous production (e.g. copper)

Primary measures:

—  Pre-sorting of scrap, avoidance of feed material like plastics and PVC-contaminated scrap, stripping of coatings and use of chlorine-free insulating materials;

 

Low

 

Secondary measures:

—  Quenching the hot waste gases;

High efficiency

Low

 

—  Use of oxygen or of oxygen-enriched air in firing, oxygen injection in the shaft kiln (providing complete combustion and minimization of waste gas volume);

5 - 7 (1,5-2 TE/m3)

High

 

—  Fixed bed reactor or fluidised jet stream reactor by adsorption with activated charcoal or open- hearth coal dust;

(0,1 ng TE/m3)

High

 

—  Catalytic oxidation; and

(0,1 ng TE/m3)

High

 

—  Reduction of residence time in the critical region of temperature in the waste gas system.

 

Iron and steel production

Primary measures:

—  Cleaning of the scrap from oil prior to charging of production vessels;

 

Low

Cleaning solvents have to be used.

—  Elimination of organic tramp materials such as oils, emulsions, greases, paint and plastics from feedstock cleaning;

 

Low

 

—  Lowering of the specific high waste gas volumes;

 

Medium

 

—  Separate collection and treatment of emissions from loading and discharging;

 

Low

 

Secondary measures:

—  Separate collection and treatment of emissions from loading and discharging; and

 

Low

 

—  Fabric filter in combination with coke injection.

< 1

Medium

 

Secondary aluminium production

Primary measures:

—  Avoidance of halogenated material (hexachlor- oethane)

 

Low

 

—  Avoidance of chlorine-containing lubricants (for instance chlorinated paraffins); and

 

Low

 

—  Clean-up and sorting of dirty scrap charges, e.g. by swarf decoating and drying, swim-sink separation techniques and whirling stream deposition;

 

 

 

Secondary measures:

—  Single- and multi-stage fabric filter with added activation of limestone/activated carbon in front of the filter;

< 1 (0,1 ng TE/m3)

Medium/high

 

—  Minimisation and separate removal and purification of differently contaminated waste gas flows;

 

Medium/high

 

—  Avoidance of particulate deposition from the waste gas and promotion of rapid passing of the critical temperature range; and

 

Medium/high

 

—  Improved pretreatment of aluminium scrap shredders by using swim-sink separation techniques and grading through whirling stream deposition.

 

Medium/high

 

(a):  Remaining emission compared to unreduced mode.

25.

Metal production and treatment plants with PCDD/F emissions can meet a maximum emission concentration of 0,1 ng TE/m3 (if waste gas volume flow > 5 000 m3/h) using control measures.

Sinter plants

26.

Measurements at sinter plants in the iron and steel industry have generally shown PCDD/F emissions in the range of 0,4 to 4 ng TE/m3. A single measurement at one plant without any control measures showed an emission concentration of 43 ng TE/m3.

27.

Halogenated compounds may result in the formation of PCDD/F if they enter sinter plants in the feed materials (coke breeze, salt content in the ore) and in added recycled material (e.g. millscale, blast furnace top gas dust, filter dusts and sludges from waste water treatment). However, similarly to waste incineration, there is no clear link between the chlorine content of the feed materials and emissions of PCDD/F. An appropriate measure may be the avoidance of contaminated residual material and de-oiling or degreasing of millscale prior to its introduction into the sinter plant.

28.

The most effective PCDD/F emission reduction can be achieved using a combination of different secondary measures, as follows:

(a) 

Recirculating waste gas significantly reduces PCDD/F emissions. Furthermore, the waste gas flow is reduced significantly, thereby reducing the cost of installing any additional end-of-pipe control systems;

(b) 

Installing fabric filters (in combination with electrostatic precipitators in some cases) or electrostatic precipitators with the injection of activated carbon/open-hearth coal/limestone mixtures into the waste gas;

(c) 

Scrubbing methods have been developed which include pre-quenching of the waste gas, leaching by high-performance scrubbing and separation by drip deposition. Emissions of 0,2 to 0,4 ng TE/m3 can be achieved. By adding suitable adsorption agents like lignite coal cokes/coal slack, an emission concentration of 0,1 ng TE/m3 can be reached.

Primary and secondary production of copper

29.

Existing plants for the primary and secondary production of copper can achieve a PCDD/F emission level of a few picograms to 2 ng TE/m3 after flue-gas cleaning. A single copper shaft furnace emitted up to 29 ng TE/m3 PCDD/F before optimisation of the aggregates. Generally, there is a wide range of PCDD/F emission values from these plants because of the large differences in raw materials used in differing aggregates and processes.

30.

Generally, the following measures are suitable for reducing PCDD/F emissions:

(a) 

pre-sorting scrap;

(b) 

pretreating scrap, for example stripping of plastic or PVC coatings, pretreating cable scrap using only cold/mechanical methods;

(c) 

quenching hot waste gases (providing utilisation of heat), to reduce residence time in the critical region of temperature in the waste gas system;

(d) 

using oxygen or oxygen-enriched air in firing, or oxygen injection in the shaft kiln (providing complete combustion and minimisation of waste gas volume);

(e) 

adsorption in a fixed bed reactor or fluidised jet stream reactor with activated charcoal or open-hearth coal dust; and

(f) 

catalytic oxidation.

Production of steel

31.

PCDD/F emissions from converter steelworks for steel production and from hot blast cupola furnaces, electric furnaces and electric arc furnaces for the melting of cast iron are significantly lower than 0,1 ng TE/m3. Cold-air furnaces and rotary tube furnaces (melting of cast iron) have higher PCDD/F emissions.

32.

Electric arc furnaces used in secondary steel production can achieve an emission concentration value of 0,1 ng TE/m3 if the following measures are used:

(a) 

Separate collection of emissions from loading and discharging; and

(b) 

Use of a fabric filter or an electrostatic precipitator in combination with coke injection.

33.

The feedstock to electric arc furnaces often contains oils, emulsions or greases. General primary measures for PCDD/F reduction can be sorting, de-oiling and de-coating of scraps, which may contain plastics, rubber, paints, pigments and vulcanizing additives.

Smelting plants in the secondary aluminium industry

34.

PCDD/F emissions from smelting plants in the secondary aluminium industry are in the range of approximately 0,1 to 14 ng TE/m3. These levels depend on the type of smelting aggregates, materials used and waste gas purification techniques employed.

35.

In summary, single- and multi-stage fabric filters with the addition of limestone/activated carbon/open-hearth coal in front of the filter meet the emission concentration of 0,1 ng TE/m3, with reduction efficiencies of 99 %.

36.

The following measures can also be considered:

(a) 

minimising and separately removing and purifying differently contaminated waste gas flows;

(b) 

avoiding waste gas particle deposition;

(c) 

rapidly passing the critical temperature range;

(d) 

improving the pre-sorting of scrap aluminium from shredders by using swim-sink separation techniques and grading through whirling stream deposition; and

(e) 

improving the pre-cleaning of scrap aluminium by swarf decoating and swarf drying.

37.

Options (d) and (e) are important because it is unlikely that modern fluxless smelting techniques (which avoid halide salt fluxes) will be able to handle the low-grade scrap that can be used in rotary kilns.

38.

Discussions are continuing under the Convention for the Protection of the Marine Environment of the North-east Atlantic regarding the revision of an earlier recommendation to phase out the use of hexachloroethane in the aluminium industry.

39.

The melt can be treated using state-of-the-art technology, for example with nitrogen/chlorine mixtures in the ratio of between 9:1 and 8:2, gas injection equipment for fine dispersion and nitrogen pre- and post-flushing and vacuum degreasing. For nitrogen/chlorine mixtures, a PCDD/F emission concentration of about 0,03 ng TE/m3 was measured (as compared to values of > 1 ng TE/m3 for treatment with chlorine only). Chlorine is required for the removal of magnesium and other undesired components.

C.    Combustion of fossil fuels in utility and industrial boilers

40.

In the combustion of fossil fuels in utility and industrial boilers ( > 50 MW thermal capacity), improved energy efficiency and energy conservation will result in a decline in the emissions of all pollutants because of reduced fuel requirements. This will also result in a reduction in PCDD/F emissions. It would not be cost-effective to remove chlorine from coal or oil, but in any case the trend towards gas-fired stations will help to reduce PCDD/F emissions from this sector.

41.

It should be noted that PCDD/F emissions could increase significantly if waste material (sewage sludge, waste oil, rubber wastes, etc.) is added to the fuel. The combustion of wastes for energy supply should be undertaken only in installations using waste gas purification systems with highly efficient PCDD/F reduction (described in section A above).

42.

The application of techniques to reduce emissions of nitrogen oxides, sulphur dioxide and particulates from the flue gas can also remove PCDD/F emissions. When using these techniques, PCDD/F removal efficiencies will vary from plant to plant. Research is ongoing to develop PCDD/F removal techniques, but until such techniques are available on an industrial scale, no best available technique is identified for the specific purpose of PCDD/F removal.

D.    Residential combustion

43.

The contribution of residential combustion appliances to total emissions of PCDD/F is less significant when approved fuels are properly used. In addition, large regional differences in emissions can occur due to the type and quality of fuel, geographical appliance density and usage.

44.

Domestic fireplaces have a worse burn-out rate for hydrocarbons in fuels and waste gases than large combustion installations. This is especially true if they use solid fuels such as wood and coal, with PCDD/F emission concentrations in the range of 0,1 to 0,7 ng TE/m3.

45.

Burning packing material added to solid fuels increases PCDD/F emissions. Even though it is prohibited in some countries, the burning of rubbish and packing material may occur in private households. Due to increasing disposal charges, it must be recognised that household waste materials are being burned in domestic firing installations. The use of wood with the addition of waste packing material can lead to an increase in PCDD/F emissions from 0,06 ng TE/m3 (exclusively wood) to 8 ng TE/m3 (relative to 11 % O2 by volume). These results have been confirmed by investigations in several countries in which up to 114 ng TE/m3 (with respect to 13 % oxygen by volume) was measured in waste gases from residential combustion appliances burning waste materials.

46.

The emissions from residential combustion appliances can be reduced by restricting the input materials to good-quality fuel and avoiding the burning of waste, halogenated plastics and other materials. Public information programmes for the purchasers/operators of residential combustion appliances can be effective in achieving this goal.

E.    Firing installations for wood (< 50 MW capacity)

47.

Measurement results for wood-firing installations indicate that PCDD/F emissions above 0,1 ng TE/m3 occur in waste gases especially during unfavourable burn-out conditions and/or when the substances burned have a higher content of chlorinated compounds than normal untreated wood. An indication of poor firing is the total carbon concentration in the waste gas. Correlations have been found between CO emissions, burn-out quality and PCDD/F emissions. Table 3 summarises some emission concentrations and factors for wood-firing installations.



Table 3

Quantity-related emission concentrations and factors for woodfiring installations

Fuel

Emission concentration

(ng TE/m3)

Emission factor

(ng TE/kg)

Emission factor

(ng/GJ)

Natural wood (beech tree)

0,02-0,10

0,23-1,3

12-70

Natural wood chips from forests

0,07-0,21

0,79-2,6

43-140

Chipboard

0,02-0,08

0,29-0,9

16-50

Urban waste wood

2,7-14,4

26-173

1 400 -9 400

Residential waste

114

3 230

 

Charcoal

0,03

 

 

48.

The combustion of urban waste wood (demolition wood) in moving grates leads to relatively high PCDD/F emissions, compared to non-waste wood sources. A primary measure for emission reduction is to avoid the use of treated waste wood in wood-firing installations. Combustion of treated wood should be undertaken only in installations with the appropriate flue-gas cleaning to minimize PCDD/F emissions.

V.    Control techniques for the reduction of PAH emissions

A.    Coke production

49.

During coke production, PAHs are released into the ambient air mainly:

(a) 

when the oven is charged through the charging holes;

(b) 

by leakages from the oven door, the ascension pipes and the charging hole lids; and

(c) 

during coke pushing and coke cooling.

50.

Benzo(a)pyrene (BaP) concentration varies substantially between the individual sources in a coke battery. The highest BaP concentrations are found on the top of the battery and in the immediate vicinity of the doors.

51.

PAH from coke production can be reduced by technically improving existing integrated iron and steel plants. This might entail the closure and replacement of old coke batteries and the general reduction in coke production, for instance by injecting high-value coal in steel production.

52.

A PAH reduction strategy for coke batteries should include the following technical measures:

(a) 

charging the coke ovens:

— 
particulate matter emission reduction when charging the coal from the bunker into the charging cars,
— 
closed systems for coal transfer when coal pre-heating is used,
— 
extraction of filling gases and subsequent treatment, either by passing the gases into the adjacent oven or by passing via a collecting main to an incinerator and a subsequent dedusting device. In some cases the extracted filling gases may be burned on the charging cars, but the environmental performance and safety of these charging-car-based systems is less satisfactory. Sufficient suction should be generated by steam or water injection in the ascension pipes;
(b) 

emissions at charging hole lids during coking operation should be avoided by:

— 
using charging hole lids with highly efficient sealing,
— 
luting the charging hole lids with clay (or equally effective material) after each charging operation,
— 
cleaning the charging hole lids and frames before closing the charging hole,
— 
keeping oven ceilings free from coal residuals;
(c) 

ascension pipe lids should be equipped with water seals to avoid gas and tar emissions, and the proper operation of the seals should be maintained by regular cleaning;

(d) 

coke oven machinery for operating the coke oven doors should be equipped with systems for cleaning the seals and surfaces on the oven door frames and oven doors;

(e) 

coke oven doors:

— 
highly effective seals should be used (e.g. spring-loaded membrane doors),
— 
seals on the oven doors and door frames should be cleaned thoroughly at every handling operation,
— 
doors should be designed in a manner that allows the installation of particulate matter extraction systems with connection to a dedusting device (via a collecting main) during pushing operations;
(f) 

the coke transfer machine should be equipped with an integrated hood, stationary duct and stationary gas cleaning system (preferably a fabric filter);

(g) 

low-emission procedures should be applied for coke cooling, e.g. dry coke cooling. The replacement of a wet quenching process by dry coke cooling should be preferred, so long as the generation of waste water is avoided by using a closed circulation system. The dusts generated when dry quenched coke is handled should be reduced.

53.

A coke-making process referred to as ‘non-recovery coke-making’ emits significantly less PAH than the more conventional by-product recovery process. This is because the ovens operate under negative pressure, thereby eliminating leaks to the atmosphere from the coke oven doors. During coking, the raw coke oven gas is removed from the ovens by a natural draught, which maintains a negative pressure in the ovens. These ovens are not designed to recover the chemical by-products from raw coke oven gas. Instead, the offgases from the coking process (including PAH) are burned efficiently at high temperatures and with long residence times. The waste heat from this incineration is used to provide the energy for coking, and excess heat may be used to generate steam. The economics of this type of coking operation may require a cogeneration unit to produce electricity from the excess steam. Currently there is only one non-recovery coke plant operating in the United States, and one is in operation in Australia. The process is basically a horizontal sole-flue non-recovery coke oven with an incineration chamber adjoining two ovens. The process provides for alternate charging and coking schedules between the two ovens. Thus, one oven is always providing the incineration chamber with coke gases. The coke gas combustion in the incineration chamber provides the necessary heat source. The incineration chamber design provides the necessary dwell time (approximately one second) and high temperatures (minimum of 900 °C).

54.

An effective monitoring programme for leakages from coke oven door seals, ascension pipes and charging hole lids should be operated. This implies the monitoring and recording of leakages and immediate repair or maintenance. A significant reduction of diffuse emissions can thus be achieved.

55.

Retrofitting existing coke batteries to facilitate condensation of flue gases from all sources (with heat recovery) results in a PAH reduction of 86 % to more than 90 % in air (without regard to waste water treatment). Investment costs can be amortised in five years, taking into account recovered energy, heated water, gas for synthesis and saved cooling water.

56.

Increasing coke oven volumes results in a decrease in the total number of ovens, oven door openings (amount of pushed ovens per day), number of seals in a coke battery and consequently PAH emissions. Productivity increases in the same way by decreasing operating and personnel costs.

57.

Dry coke cooling systems require a higher investment cost than wet methods. Higher operating costs can be compensated for by heat recovery in a process of pre-heating the coke. The energy efficiency of a combined dry coke cooling/coal pre-heating system rises from 38 to 65 %. Coal pre-heating boosts productivity by 30 %. This can be raised to 40 % because the coking process is more homogeneous.

58.

All tanks and installations for the storage and treatment of coal tar and coal tar products must be equipped with an efficient vapour recovery return and/or vapour destruction system. The operating costs of vapour destruction systems can be reduced in an autothermal after-burning mode if the concentration of the carbon compounds in the waste is high enough.

59.

Table 4 summarises PAH emission reduction measures in coke production plants.



Table 4

PAH emission control for coke production

Management options

Emission level (%) (a)

Estimated costs

Management risks

Retrofitting of old plants with condensation of emitted flue gases from all sources includes the following measures:

Total < 10 (without waste water)

High

Emissions to waste water by wet quenching are very high. This method should be applied only if the water is reused in a closed cycle.

—  evacuation and after-burning of the filling gases during charging of ovens or passing the gases into the adjacent oven as far as possible,

5

(Amortisation of investment costs, taking into account energy recovery, heated water, gas for synthesis and saved cooling water, may be five years.)

—  emissions at charging hole lids should be avoided as far as possible, e.g. by special hole lid construction and highly effective sealing methods. Coke oven doors with highly effective sealings should be used. Cleaning of charging hole lids and frames before closing the charging hole,

< 5

 

—  waste gases from pushing operations should be collected and fed to a dedusting device,

< 5

 

—  quenching during coke cooling by wet methods only if properly applied without waste water.

 

 

Low emission procedures for coke cooling, e.g. dry coke cooling.

No emissions into water

Higher investment costs than for wet cooling (but lower costs by preheating of coke and use of waste heat.)

 

Increasing the use of high-volume ovens to lower the number of openings and the surface of sealing areas.

Considerable

Investment about 10 % higher than conventional plants.

In most cases total retro-fitting or the installation of a new cokery is needed.

(a):  Remaining emission compared to unreduced mode.

B.    Anode production

60.

PAH emissions from anode production have to be dealt with in a similar fashion as those from coke production.

61.

The following secondary measures for emission reduction of PAH-contaminated dust are used:

(a) 

electrostatic tar precipitation;

(b) 

combination of a conventional electrostatic tar filter with a wet electrostatic filter as a more efficient technical measure;

(c) 

thermal after-burning of the waste gases; and

(d) 

dry scrubbing with limestone/petroleum coke or aluminum oxide (Al2O3).

62.

The operating costs in thermal after-burning can be reduced in an autothermal after-burning mode if the concentration of carbon compounds in the waste gas is high enough. Table 5 summarises PAH emission control measures for anode production.



Table 5

PAH emission control for anode production

Management options

Emission level (%) (a)

Estimated costs

Management risks

Modernisation of old plants by reducing diffuse emissions with the following measures:

3-10

High

 

—  reduction of leakages,

 

—  installation of flexible sealants at the oven doors

 

—  evacuation of filling gases and subsequent treatment, either by passing the gases into the adjacent oven or by passing the gases via a collecting main to an incinerator and a subsequent dedusting device on the ground,

 

—  operating and coke oven cooling systems, and

 

—  evacuation and purification of parti- culate emissions from coke.

 

Established technologies for anode production in the Netherlands:

45-50

Implemented in the Netherlands in 1990. Scrubbing with limestone or petroleum cokes is effective for reducing PAH; with aluminium not known.

—  new kiln with dry scrubber (with limestone/petroleum cokes or with aluminium),

—  effluent recycling in paste unit.

BAT:

—  electrostatic dust precipitation, and

2-5

Lower operating costs in an auto- thermal mode

Regular cleaning of tar is needed

—  thermal after-burning.

15

Operating in autothermal mode only if the concentration of PAH in the waste gas is high.

(a):  Remaining emission compared to unreduced mode.

C.    Aluminium industry

63.

Aluminium is produced from aluminium oxide (Al2O3) by electrolysis in pots (cells) electrically connected in series. Pots are classified as prebake or Soederberg pots, according to the type of the anode.

64.

Prebake pots have anodes consisting of calcined (baked) carbon blocks, which are replaced after partial consumption. Soederberg anodes are baked in the cell, with a mixture of petroleum coke and coal tar pitch acting as a binder.

65.

Very high PAH emissions are released from the Soederberg process. Primary abatement measures include modernization of existing plants and optimization of the processes, which could reduce PAH emissions by 70 to 90 %. An emission level of 0,015 kg B(a)P/tonne of Al could be reached. Replacing the existing Soederberg cells by prebaked ones would require major reconstruction of the existing process, but would nearly eliminate the PAH emissions. The capital costs of such replacements are very high.

66.

Table 6 summarises PAH emission control measures for aluminium production.



Table 6

PAH emission control for aluminium production using the Soederberg process

Management options

Emission level (%) (a)

Estimated costs

Management risks

Replacement of Soederberg electrodes by:

3-30

Higher costs for electrodes about USD 800 million

Soederberg electrodes are cheaper than prebaked ones, because no anode baking plant is needed. Research is in progress, but expectations are low. Efficient operation and monitoring of emission are essential parts of emission control. Poor performance could cause significant diffuse emissions.

—  prebaked electrodes (avoidance of pitch binders),

—  inert anodes.

Closed prebake systems with point feeding of alumina and efficient process control, hoods covering the entire pot and allowing efficient collection of air pollutants.

1-5

Soederberg pot with vertical contact bolts and waste gas collection systems.

> 10

Retrofit of Soederberg technology by encapsulation and modified feeding point: USd 50 000 to 10 000 per furnace

Diffuse emissions occur during feeding, crust breaking and lifting of iron contact bolts to a higher position.

Sumitomo technology(anode briquettes for VSS process):

Low to medium

Gas cleaning:

—  electrostatic tar filters,

2-5

Low

High rate of sparking and electrical arcing; Wet gas-cleaning generates waste water.

—  combination of conventional electrostatic tar filters with electrostatic wet gas cleaning;

> 1

Medium

 

—  thermal after-burning.

Pitch use with higher melting point (HSS + VSS).

High

Low to medium

Use of dry scrubbing in existing HSS + VSS plants.

Medium to high

(a).:  Remaining emission compared to unreduced mode.

D.    Residential combustion

67.

PAH emissions from residential combustion can be detected from stoves or open fireplaces especially when wood or coal is used. Households could be a significant source of PAH emissions. This is the result of the use of fireplaces and small firing installations burning solid fuels in households. In some countries the usual fuel for stoves is coal. Coal-burning stoves emit less PAH than wood-burning ones, because of their higher combustion temperatures and more consistent fuel quality.

68.

Furthermore, combustion systems with optimised operation characteristics (e.g. burning rate) effectively control PAH emissions from residential combustion. Optimised combustion conditions include optimised combustion chamber design and optimised supply of air. There are several techniques which optimise combustion conditions and reduce emissions. There is a significant difference in emissions between different techniques. A modern wood-fired boiler with a water accumulation tank, representing BAT, reduces the emission by more than 90 % compared to an outdated boiler without a water accumulation tank. A modern boiler has three different zones: a fireplace for the gasification of wood, a gas combustion zone with ceramics or other material which allow temperatures of some 1 000 °C, and a convection zone. The convection part where the water absorbs the heat should be sufficiently long and effective so that the gas temperature can be reduced from 1 000 °C to 250 °C or less. There are also several techniques to supplement old and outdated boilers, for example with water accumulation tanks, ceramic inserts and pellet burners.

69.

Optimised burning rates are accompanied by low emissions of carbon monoxide (CO), total hydrocarbons (THC) and PAHs. Setting limits (type approval regulations) on the emission of CO and THCs also affects the emission of PAHs. Low emission of CO and THCs results in low emission of PAHs. Since measuring PAH is far more expensive than measuring CO, it is more cost-effective to set a limit value for CO and THCs. Work is continuing on a proposal for a CEN standard for coal- and wood-fired boilers up to 300 kW (see table 7).



Table 7

Draft CEN standards in 1997

Class

Effect

(kW)

3

2

1

3

2

1

3

2

1

CO

THC

Particulates

Manual

< 50

5 000

8 000

25 000

150

300

2 000

150/125

180/150

200/180

> 50-150

2 500

5 000

12 500

100

200

1 500

150/125

180/150

200/180

> 150-300

1 200

2 000

12 500

100

200

1 500

150/125

180/150

200/180

Automatic

< 50

3 000

5 000

15 000

100

200

1 750

150/125

180/150

200/180

> 50-150

2 500

4 500

12 500

80

150

1 250

150/125

180/150

200/180

> 150-300

1 200

2 000

12 500

80

150

1 250

150/125

180/150

200/180

Note:  Emission levels in mg/m3 at 10 % O2.

70.

Emissions from residential wood combustion stoves can be reduced:

(a) 

For existing stoves, by public information and awareness programmes regarding proper stove operation, the use of untreated wood only, fuel preparation procedures and the correct seasoning of wood for moisture content; and

(b) 

For new stoves, by the application of product standards as described in the draft CEN standard (and equivalent product standards in the United States and Canada).

71.

More general measures for PAH emission reduction are those related to the development of centralized systems for households and energy conservation such as improved thermal insulation to reduce energy consumption.

72.

Information is summarised in table 8.



Table 8

PAH emission control for residential combustion

Management options

Emission level (%) (a)

Estimated costs

Management risks

Use of dried coal and wood (dried wood is wood stored for at least 18 to 24 months).

High effectiveness

 

 

Use of dried coal

High effectiveness

 

 

Design of heating systems for solid fuels to provide optimized complete burning conditions:

55

Medium

Negotiations have to be held with stove manufacturers to introduce an approval scheme for stoves.

—  gasification zone,

—  combustion with ceramics,

—  effective convection zone.

Water accumulation tank

Technical instructions for efficient operation.

30 to 40

Low

Might be achieved also by vigorous public education, combined with practical instructions and stove type regulation.

Public information programme concerning the use of wood burning stoves.

(a):  Remaining emission compared to unreduced mode.

E.    Wood preservation installations

73.

Wood preservation with PAH-containing coal-tar products may be a major source of PAH emissions to the air. Emissions may occur during the impregnation process itself as well as during storage, handling and use of the impregnated wood in the open air.

74.

The most widely used PAH-containing coal-tar products are carbolineum and creosote. Both are coal-tar distillates containing PAHs for the protection of timber (wood) against biological attack.

75.

PAH emissions from wood preservation, installations and storage facilities may be reduced using several approaches, implemented either separately or in combination, such as:

(a) 

requirements on storage conditions to prevent pollution of soil and surface water by leached PAH and contaminated rainwater (e.g. storage sites impermeable to rainwater, roof cover, reuse of contaminated water for the impregnation process, quality demands for the material produced);

(b) 

measures to reduce atmospheric emissions at impregnation plants (e.g. the hot wood should be cooled down from 90 °C to 30 °C at least before transport to storage sites. However, an alternative method using pressure steam under vacuum conditions to impregnate the wood with creosote should be highlighted as BAT);

(c) 

the optimum loading of wood preservative, which gives adequate protection to the treated wood product in situ, can be regarded as a BAT as this will reduce the demand for replacements, thereby reducing emissions from the wood preservation installations;

(d) 

using wood preservation products with a lower content of those PAHs that are POPs:

— 
possibly using modified creosote which is taken to be a distillation fraction boiling between 270 °C and 355 °C, which reduces both the emissions of the more volatile PAHs and the heavier, more toxic PAHs;
— 
discouraging the use of carbolineum would also reduce PAH emissions;
(e) 

Evaluating and then using, as appropriate, alternatives, such as those in table 9, that minimize reliance on PAH-based products.

76.

Burning of impregnated wood gives rise to PAH emissions and other harmful substances. If burning does take place, it should be done in installations with adequate abatement techniques.



Table 9

Possible alternatives to wood preservation involving PAH-based products

Management options

Management risks

Use of alternative materials for application in construction:

— sustainably produced hardwood (riverbanks, fences, gates),

— plastics (horticulture posts),

— concrete (railway sleepers),

— replacement of artificial constructions by natural ones (such as riverbanks, fences, etc.),

— use of untreated wood.

There are several alternative wood preserving techniques in development which do not include impregnation with PAH based products.

Other environmental problems have to be evaluated such as:

— availability of suitably produced wood,

— emissions caused by the production and disposal of plastics, especially PVC.

ANNEX VI

TIMESCALES FOR THE APPLICATION OF LIMIT VALUES AND BEST AVAILABLE TECHNIQUES TO NEW AND EXISTING STATIONARY SOURCES

The timescales for the application of limit values and best available techniques are:

(a) 

for new stationary sources: two years after the date of entry into force of the present Protocol;

(b) 

for existing stationary sources: eight years after the date of entry into force of the present Protocol. If necessary, this period may be extended for specific existing stationary sources in accordance with the amortisation period provided for by national legislation.

ANNEX VII

RECOMMENDED CONTROL MEASURES FOR REDUCING EMISSIONS OF PERSISTENT ORGANIC POLLUTANTS FROM MOBILE SOURCES

1. Relevant definitions are provided in Annex III to the present Protocol.

I.    Achievable emission levels for new vehicles and fuel parameters

A.    Achievable emission levels for new vehicles

2. Diesel-fuelled passenger cars



Limit values

Year

Reference mass