DENR Administrative Order No.

35 Series of 1990 Subject: Revised Effluent Regulations of 1990, Revising and Amending the Effluent Regulations of 1982

Pursuant to the provisions of Section 6 (i) of Presidential Decree No. 984, otherwise known as the "Pollution Control Decree of 1976", and by virtue of Executive Order No. 192, Series of 1987, the Department of Environment and Natural Resources hereby adopts and promulgates the following rules and regulations: Section 1. Title. - These rules and regulations shall be known as the "Revised Effluent Regulations of 1990". Section 2. Scope. - These rules and regulations shall apply to all industrial and municipal wastewater effluents. Section 3. Definitions. - The following words and phrases, as used in these rules and regulations, shall have the following meaning unless the context clearly indicates otherwise: a. "BOD" means a measure of the approximate quantity of dissolved oxygen that will be required by bacteria to stabilize organic matter in wastewater or surface water. It is a semi-quantitative measure of the wastewater organics that are oxidizable by bacteria. It is also a standard test in assessing wastewater strength. b. "Coastal Water" means an open body of water along the countrys coastline starting from the shoreline (MLLW) and extending outward up to the 200-meter isobath or three-kilometer distance, whichever is farther. c. "Department" refers to the Department of Environment and Natural Resources. d. "Effluent" is a general term denoting any wastewater, partially or completely treated, or in its natural state, flowing out of a manufacturing plant, industrial plant or treatment plant. e. "Inland Water" means an interior body of water or watercourse such as lakes, reservoirs, rivers, streams, creeks, etc., that has beneficial usage other than public water supply or primary contact recreation. Tidal affected rivers or streams are considered inland waters for purposes of these regulations. f. "Mixing Zone" is the place where the effluent discharge from a point source mixes with a receiving body of water. The area or extent of the zone shall be determined by the discharger and approved by the Department on a case-to-case basis. g. "NPI" means New/Proposed Industry or wastewater treatment plants to be constructed. h. "OEI" means Old or Existing Industry. i. "Primary Contact Recreation" means any form of recreation, where there is intimate contact of the human body with the water, such as swimming, water skiing, or skin diving. j. "Protected Water" means a watercourse or a body of water, or any segment thereof, that is classified as a source of public water supply, propagation and

harvesting of shellfish for commercial purposes, or spawning areas for Chanoschanos and similar species, or primary contact recreation, or that which is designated by competent government authority or by legislation as tourist zone, national marine park and reserve, including coral reef park and reserve. k. "Strong Water" refers to wastewater whose initial BOD value before treatment is equal to or greater than 3,000 mg/L. Section 4. Heavy Metals and Toxic Substances. - Industrial and other effluents when discharged into bodies of water classified as Class A, B, C, D, SA, SB, SC and SD in accordance with Section 68, as amended, of the 1978 NPCC Rules and Regulations shall not contain toxic substances in levels greater than those indicated in Table 1.

TABLE 1 - Effluent Standards: Toxic and Other Deleterious Substance (Maximum Limits for the Protection of Public Health)a Protected Waters Category I
(Class AA & SA)

Parameter

Unit

Protected Waters Category II

(Class A,B & SB)

Inland Waters Marine Waters Class C OEI 0.5 0.1 0.2 NPI 0.2 0.05 0.1 Class SC OEI 1.0 0.2 0.5 NPI 0.5 0.1 0.2

Marine Waters Class SD OEI 1.0 0.5 1.0 NPI 0.5 0.2 0.5

OEI Arsenic Cadmium Chromium (hexavalent) Cyanide Lead Mercury (Tot.) PCB Formaldehyde mg/L mg/L mg/L
b

NPI
b

OEI 0.2 0.05 0.1

NPI 0.1 0.02 0.05

mg/L mg/L mg/L

0.2 0.2 0.005

0.1 0.1 0.005

0.3 0.5

0.2 0.3

0.5 1.0

0.2 0.5

0.01

0.005 0.005 0.005 0.005 0.05

mg/L mg/L

0.003 2.0

0.003 1.0

0.003 0.003 0.003 0.003 2.0 1.0 2.0 1.0

Section 5. Conventional and Other Pollutants Affecting Aesthetics and Oxygen Demand. Effluents from domestic sewage and industrial wastewater treatment plants not covered under Section 6 of these Regulations, when discharged into receiving waters classified as Class A, B, C, D, SA, SB, SC, and SD in accordance with Section 68, as amended, of the 1978 NPCC Rules

and Regulations shall not contain the following pollutants in concentrations greater than those indicated in Tables 2A and 2B. TABLE 2A - Effluent Standards: Conventional and Other Pollutants in Protected Waters Category I and II and in Inland Waters Class Ca Protected Waters Category I Category II Parameter Color Temperature (max rise in deg. Celsius in RBW) pH (range) COD Settleable Solids (1-hour) 5-Day 20 oC BOD Total Suspended Solids Total Dissolved Solids Surfactants (MBAS) Oil/Grease (Petroleum Ether Extract) Phenolic Substances as Phenols Total Coliforms Mg/L Mg/L Unit PCU
(Class AA & SA)
(Class A, B & SB)

Inland Waters
Class C

OEI
b

NPI
b

OEI 150

NPI 100

OEI 200c

NPI 150c

C rise

3 6.0-9.0 100 0.3

3 6.0-9.0 60 0.3

3 6.0-9.0 150 0.5

3 6.5-9.0 100 0.5

Mg/L Mg/L

50 70

30 50

80 90

50 70

Mg/L

1,200

1,000

Mg/L Mg/L

5.0 5.0

2.0 5.0

7.0 10.0

5.0 5.0

Mg/L

0.1

0.05

0.5

0.1

MPN/100mL

5,000

3,000

15,000

10,000

TABLE 2B - Effluents Standards: Conventional and Other Pollutants in Inland Waters Class D, Coastal Waters Class SC and SD and other Coastal Waters not yet Classified)

Inland Waters Parameter Color Temperature (max. rise in deg. Celsius in RBW) pH (range) COD 5-Day 20 oC BOD Total Suspended Solids Total Dissolved Solids Surfactants (MBAS) Oil/Grease (Petroleum Ether Extract) Phenolic Substances as Phenols Total Coliforms mg/L mg/L mg/L mg/L mg/L mg/L
o

Coastal Waters (Class SC) OEI NPI

c

Unit PCU C rise

(Class D) OEI NPI ----3 3

Class SD & Other Coastal Waters Not Classified OEI NPI

c c

5.0-9.0 250 150 200 2,000h -

6.0-9.0 200 120 150 1,500h -

6.0-9.0 250 120d 200 15 15 1.0i

6.0-9.0 200 100 150 10 10 0.5i

5.0-9.0 300 150d

g

5.0-9.0 200 120

f

15

15

mg/L

5.0

1.0

MPN/100mL

NOTES for Table 2A and Table 2B: 1. In cases where the background level of Total Dissolved Solids (TDS) in freshwater rivers, lakes, reservoirs and similar bodies of water is higher than the Water Quality Criteria, the discharge should not increase the level of TDS in the receiving body of water by more than ten percent of the background level. 2. The COD limits in Tables 2A and 2B generally apply to domestic wastewater treatment plant effluent. For industrial discharges, the effluent standards for COD should be on a case to case basis considering the COD BOD ratio after treatment. In the interim period that this ratio is not yet established by each discharger, the BOD requirements shall be enforced. 3. There are no effluent standards for chloride except for industries using brine and discharging into inland waters, in which case the chloride content should not exceed 500 mg/L. 4. The effluent standards apply to industrial manufacturing plants and municipal treatment plants discharging more than thirty (30) cubic meters per day. Section 6. Effluent Standards for BOD for Strong Industrial Wastes. -

a) Interim Requirements for Old or Existing Industries. - For strong industrial wastewaters with high BOD and where the receiving body of water is Class C, D, SC and SD in accordance with Section 68, as amended, of the 1978 NPCC Rules and Regulations, the interim effluent requirements for old industries which will be applicable within the period indicated in Table 3A.

TABLE 3A - Interim Effluent Standards for BOD Applicable to Old or Existing Industries Producing Strong Industrial Wastes, (1990-1994) Maximum Allowable Limits in mg/L, according to Time Period and Receiving Body of Water
Effectivity date - Dec. 31, 1991 Jan. 1, 1992-Dec. 31, 1994

Industry Classification Based on Inland Waters Coastal Waters BOD of Raw Wastewaters (Class C & D) (Class SC & SD) Produced 1. Industries producing BOD 320 650 within 3,000 to 10,000 mg/L or or 95% removal 90% removal 2. Industries producing BOD 1,000 2,000 within 10,000 to 30,000 mg/L or or 95% removal 90% removal 3. Industries producing more than or 30,000 mg/L 1,500 or 95% removal 3,000 or 90% removal

Inland Waters Coastal Waters

(Class C & D) (Class SC & SD)

200 or 97% removal 600 or 97% removal 900 or 97% removal

320 or 95% removal 1,000 or 95% removal 1,500 or 95% removal

NOTE: * 1. Use either the numerical limit or percentage removal whichever is lower (or whichever is more strict). 2. Starting January 1, 1995, the applicable effluent requirements for old or existing industries are indicated in Table 3B. 3. For parameters other than BOD, Table 2A and Table 2B both under Section 5 shall apply. b) Requirements for New Industries. - Upon the effectivity of these regulations, new/proposed industries, or those old/existing industries that are yet to construct their wastewater treatment facilities, which are producing or treating strong wastewaters shall comply with the requirements in Table 3B below. By January 1995, this Table shall be applicable to all industries producing strong wastes.

TABLE 3B - Effluent Standards for New* Industries Producing Strong Wastes upon Effectivity of

these Regulations, and for All Industries Producing Strong Wastes starting January 1, 1995. Industry Classification Based on BOD of Raw Wastewater 1. Industries producing within 3,000 to 10,000 mg BOD/L 2. Industries producing within 10,000 to 30,000 mg BOD/L Maximum Allowable Limits in mg/L Based on Receiving Body of Water Inland Waters (Class C & D) 130 or 98% removal Coastal Waters (Class SC & SD) 200 or 97% removal

200 or 99% removal

600 or 97% removal

3. Industries producing more than 300 or 99% removal 30,000 mg BOD/L

900 or 97% removal

Note: *Including old or existing industries producing strong waste whose wastewater treatment plants are still to be constructed. 1. Use either numerical limits or percentage removal whichever is lower (or whichever is more strict). 2. For parameters other than BOD, Tables 2A and 2B shall apply. Section 7. Mixing Zone Requirements. The following general conditions shall govern the location and extent of the mixing zone: a. No mixing zone or combination of mixing zones shall be allowed to significantly impair any of the designated uses of the receiving body of water. b. A mixing zone shall not include an existing drinking water supply intake if such mixing zone would significantly impair the purposes for which the supply is utilized. c. A mixing zone for rivers, streams, etc., shall not create a barrier to the free migration of fish and aquatic life. d. A mixing zone shall not include a nursery area of indigenous aquatic life nor include any area designated by the Department of Environment and Natural Resources for shellfish harvesting, tourist zones and national marine parks and reserves, coral reef parks and reserves and declared as such by the appropriate government agency. e. In general, the length of the mixing zone or plume in rivers or similar waterways shall be as short as possible and its width shall be preferably not more than onehalf of the width of the waterway. f. In discharging hot effluents from power plants, mineral ore milling and similar generators of large volume of liquid wastes the permissible size of the mixing zone shall be determined through modeling taking into consideration the size, hydraulic and hydrological data of the receiving body of water and the design and siting of the wastewater outfall. g. For the protection of aquatic life resources, the mixing zone must not be used for, or be considered as a substitute for wastewater treatment facility.

Section 8. Additional Requirements a. In addition to fulfilling the above-stated requirements in Sections 4 to 6, no effluent shall cause the quality of the receiving body of water to fall below the prescribed quality in accordance with its classification or best usage. b. Where the combined effect of a number of individual effluent discharges causes one or more water quality parameters to exceed the prescribed limits, the maximum permissible concentrations of such parameters shall be reduced proportionately so as to maintain the desired quality. c. When discharging effluents into coastal waters, the location and design of the submarine outfall shall be based on prevailing oceanographic and wind conditions so that discharged materials shall not find their way back to the shore and that there shall be minimum deposition of sediments near and around the outfall. d. Effluents discharged into protected inland and coastal waters Category II, such as Class A, B, and SB, shall meet the requirements of Section 4 and 5 above. e. Starting January 1, 1995, old or existing industries shall comply with the standards set for new industries in these regulations. f. For a period to be determined by the Department Secretary and provided that the resulting effect on receiving waters does not pose an immediate threat to life, public health, safety or welfare or to animal or plant life or property, any existing industry that produces strong wastes which cannot meet the limits for BOD in Tables 3A and 3B, maybe allowed to operate and be issued a temporary permit to operate on condition that it pays first a penalty fee for polluting a receiving body of water in the amount equivalent to five pesos (PhP 5.00) per kilogram of BOD discharged per day in exceedance of the allowable effluent limit provided further that the calculated fine shall not exceed PhP5,000 per day in accordance with PD 984 and its implementing rules and regulations. (Conversion Factor: 1 mg/L = 1 g/cu.m.) g. Each discharger covered under these regulations shall monitor its effluent and its effect on the receiving body of water regularly in order to ensure compliance with Sections 4, 5 and 6 hereof and Section 69, as amended, of the 1978 NPCC Rules and Regulations. Section 9. Prohibitions. a. No industrial or domestic sewage effluent shall be discharged into Class AA and SA waters. b. In order to avoid deterioration of the quality of the receiving body of water, no new industrial plant with high waste load potential shall discharge into a body of water where the dilution or assimilative capacity of said water body during dry weather condition is insufficient to maintain its prescribed water quality according to its usage or classification. c. No person shall discharge, wholly or partially, untreated or inadequately treated industrial effluents directly into bodies of water or through the use of bypass canals and/or pumps and other unauthorized means except upon prior approval of the Department Secretary. d. Other Restrictions: 1. All water pollution control facilities/installations shall be properly and consistently maintained and correctly and continuously operated in order to maintain an effluent quality that complies with Sections 4 to 6 of these regulations. 2. No industrial or manufacturing plant shall be operated without the control facilities or wastewater treatment system in good order or in proper

operation except with the permission of the Department Secretary when special circumstance arise. 3. No industrial or manufacturing plant or source of pollution shall be operated at capacities beyond the limits of operation or capability of the wastewater treatment facility in order to maintain the effluent quality within the standards or pertinent conditions required by law and/or stipulated in the permit to operate. 4. No person shall build, erect, install or use any equipment, contrievance or any means the use of which will conceal and/or dilute an effluent discharge and which otherwise constitute a violation of any provisions of these regulations or the 1978 NPCC Rules and Regulations, as amended. Section 10. Methods of Analysis for Effluents. - For purposes of these Regulations, any domestic or industrial effluent discharged into any body of water or watercourse shall be analyzed in accordance with the latest edition of the "Philippine Standard Methods for Air and Water Analyses", the "Standard Method for the Examination of Water and Wastewater" published jointly by the American Public Health Association, the American Waterworks Association and the Water Pollution Control Federation of the United States, or in accordance with such other methods of analysis as the Department may prescribe. The approved methods of analysis are given in Table 4. Table 4 - Approved Methods of Analysis PARAMETER ARSENIC METHOD OF ANALYSIS Silver Diethyldithiocarbamate Method (Colorimetric) Azine Modification (Dilution Technique) Carmine Method (Colorimetric Method) Atomic Absorption Spectrophotometry (Wet ashing with concentration HNO3 + HCl) Gas Chromatography (ECD) Diphenyl Carbazine Colorimetric Method Visual Comparison Method Platinum Cobalt Scale Specific Ion Electrode Method Azide Modification (Winkler Method), Membrane Electrode (DO meter) Multiple-Tube Fermentation Technique or Membrane Filter Atomic Absorption Spectrophotometry

BOD BORON CADMIUM

CHLORINATED HYDROCARBONS CHROMIUM (Hexavalent) COLOR CYANIDE DISSOLVED OXYGEN

FECAL COLIFORMS

LEAD

NITRATE AS NITROGEN

Bruccine Method for Saline Waters, specific Ion Electrode Meter for Fresh Water Gravimetric Method (Petroleum Ether Extraction)

OIL AND GREASE

ORGANO PHOSPHORUS COMPOUNDS Gas Chromatography (FPD) PCB pH PHENOLIC SUBSTANCES PHOSPHATE AS PHOSPHORUS SETTLEABLE SOLIDS SURFACTANT (MBAS) TEMPERATURE TOTAL COLIFORMS Gas Chromatography (ECD) Glass Electrode Method Chloroform Extraction Method Stannous Chloride Method Imhoff Cone Method Methylene Blue Method (Colorimetric) Use of Mercury-Filled Thermometer Multiple-Tube Fermentation Technique or Membrane Filter Cold Vapor Technique, (Mercury Analyzer, AAS) Gravimetric Method

TOTAL MERCURY TOTAL SUSPENDED SOLIDS

NOTE: Other methods found in the Philippine Standard Methods for Air and Water Analysis, the "Standard Methods for the Examination of Water and Waste Waters", published jointly by American Public Health Association, the American Waterworks Association and the Water Pollution Control Federation of the U.S. or in accordance with such other method of analyses as the DENR may prescribe. Section 11. Maximum Quantity to be Discharged. - For the protection of public health and the aquatic resources of the country and in cases where the volume, strength and nature of one or more pollutants, enumerated in, or not otherwise covered in the preceding Sections, are expected to cause a serious deterioration of a receiving body of water or cause harm or injury to aquatic life and resources, the Department Secretary shall promulgate guidelines for the use of the concerned line agencies, providing for the maximum quantity of any pollutant or contaminant that maybe allowed to be discharged into the said body of water or watercourse, including the maximum rate at which the contaminant may be so discharged. This Section particularly applies, but is not limited to industrial effluents covered under Section 6 of these regulations, specifying in kilograms per day the BOD that may be discharged considering the classification and dry weather flow of the receiving body of water. Section 12. Penalties. - Any person or group of persons found violating or failing to comply with any Order or Decision of the Department and/or the Pollution Adjudication Board or any

provision of these Regulations, shall be liable under Section 9 of the Pollution Control Law (PD No. 984) and/or Section 106 of the 1978 NPCC Rules and Regulations, as amended. Section 13. Separability Clause. - Any Section or provision of these regulations declared to be unconstitutional or invalid by a competent court, the other sections or provisions hereof shall remain to be in force. Section 14. Repealing Clause. - Any provision of the 1978 Rules and Regulations, as amended, the Effluent Regulations of 1982, and other existing rules and regulations of the Department which are inconsistent herewith are hereby repealed. Section 15. Amendments. - This Regulation may be amended and/or modified from time to time by the Department. Section 16. Effectivity. - This Regulation shall take effect thirty (30) days after publication in the official gazette or any newspaper of general circulation.

Malaysia Sewage and Industrial Effluent Discharge Standards

According to Malaysia's Environmental Law, ENVIRONMENTAL QUALITY ACT, 1974, the Malaysia Environmental Quality (Sewage and Industrial Effluents) Regulations, 1979, 1999, 2000: PARAMETER LIMITS OF EFFLUENT OF STANDARDS A AND B

PARAMETER LIMITS OF EFFLUENT OF STANDARDS A AND B Parameter (1) (i) Temperature (ii) pH Value (iii) BOD5 at 20C mg/l Unit (2) C Standard A B (3) 40 6.0 - 9.0 20 (4) 40 5.5 - 9.0 50

(iv) COD (v) Suspended Solids (vi) Mercury (vii) Cadmium (viii) Chromium, Hexavalent (ix) Arsenic (x) Cyanide (xi) Lead (xii) Chormium, Trivalent (xiii) Copper (xiv) Manganese (xv) Nickel (xvi) Tin (xvii) Zinc (xviii) Boron (xix) Iron (Fe) (xx) Phenol (xxi) Free Chlorine (xxii) Sulphide (xxiii) Oil and Grease

mg/l mg/l mg/l mg/l mg/l mg/l mg/l mg/l mg/l mg/l mg/l mg/l mg/l mg/l mg/l mg/l mg/l mg/l mg/l mg/l

50 50 0.005 0.01 0.05 0.05 0.05 0.10 0.20 0.20 0.20 0.20 0.20 1.0 1.0 1.0 0.001 1.0 0.50 Not detectable

100 100 0.05 0.02 0.05 0.10 0.10 0.5 1.0 1.0 1.0 1.0 1.0 1.0 4.0 5.0 1.0 2.0 0.50 10

UNITED STATES OF THE AMERICA

Industrial Regulations
Effluent guidelines are national standards for wastewater discharges to surface waters and publicly owned treatment works (sometimes called municipal sewage treatment plants). We issue effluent guidelines for categories of existing sources and new sources under Title III of the Clean Water Act. The standards are technology-based (i.e. they are based on the performance of treatment and control technologies); they are not based on risk or impacts upon receiving waters.

Existing Regulations
The table below lists the effluent guidelines promulgated by EPA, sorted alphabetically by industry category. The links in the 'Industry Category' column provide an overview of the regulation and available EPA publications for the category. The links under '40 CFR' go directly to the Code of Federal Regulations (CFR).

Industry Category

40 CFR Part 467 427 461

First Promulgated

Limitations and Standards

Aluminum Forming Asbestos Manufacturing Battery Manufacturing Canned and Preserved Fruits and Vegetable Processing Canned and Preserved Seafood (Seafood Processing) Carbon Black Manufacturing Cement Manufacturing

1983 1974 1984

BPT, BAT, NSPS, PSES, PSNS BPT, BCT, BAT, NSPS BPT, BAT, NSPS, PSES, PSNS

407

1974

BPT, BCT, NSPS, PSES, PSNS

408

1974

BPT, BCT, NSPS

458 411

1978 1974

BPT, BAT, NSPS, PSNS BPT, BCT, BAT, NSPS BPT, BCT, BAT, NSPS, PSES, PSNS BPT, BAT, NSPS

Centralized Waste Treatment

437

2000

Coal Mining

434

1985

Coil Coating Concentrated Animal Feeding Operations (CAFO) Concentrated Aquatic Animal Production (Aquaculture) Copper Forming Dairy Products Processing

465

1983

BPT, BAT, NSPS, PSES, PSNS

412

1974

BPT, BCT, BAT, NSPS, PSNS

451

2004

BPT, BAT, BCT, NSPS

468 405

1983 1974

BPT, BAT, NSPS, PSES, PSNS BPT, BCT, NSPS BPT, BCT, BAT, NSPS, PSES, PSNS PSES BPT BPT, BCT, BAT, NSPS BPT, BCT, BAT, NSPS, PSNS BPT, BCT, BAT, NSPS, PSNS BPT, BCT, NSPS, PSNS BPT BPT BPT, BAT, NSPS, PSNS BPT, BCT, BAT, NSPS, PSES, PSNS BPT, BCT, BAT, NSPS, PSES, PSNS BPT, BCT, BAT, NSPS BPT, BCT, BAT, NSPS, PSES, PSNS BPT, BCT, BAT, NSPS, BPT, BAT, NSPS, PSES, PSNS

Electrical and Electronic Components

469

1983

Electroplating Explosives Manufacturing Ferroalloy Manufacturing Fertilizer Manufacturing Glass Manufacturing Grain Mills Manufacturing Gum and Wood Chemicals Hospitals Ink Formulating

413 457 424 418 426 406 454 460 447

1981 1976 1974 1974 1974 1974 1976 1976 1975

Inorganic Chemicals

415

1982

Iron and Steel Manufacturing

420

1982

Landfills

445

2000

Leather Tanning and Finishing

425

1982

Meat and Poultry Products Metal Finishing

432 433

1974 1983

Metal Molding and Casting (Foundries) Metal Products and Machinery Mineral Mining and Processing Nonferrous Metals Forming and Metal Powders Nonferrous Metals Manufacturing

464

1985

BPT, BAT, NSPS, PSES, PSNS

438 436

2003 1975

BPT, BCT, NSPS BPT, NSPS

471

1985

BPT, BAT, NSPS, PSES, PSNS

421

1984

BPT, BAT, NSPS, PSES, PSNS BPT, BCT, BAT, NSPS, PSES, PSNS

Oil and Gas Extraction

435

1979

Ore Mining and Dressing (Hard Rock Mining) Organic Chemicals, Plastics and Synthetic Fibers (OCPSF) Paint Formulating Paving and Roofing Materials (Tars and Asphalt) Pesticide Chemicals Manufacturing, Formulating and Packaging

440

1982

BPT, BAT, NSPS, BMP

414

1987

BPT, BAT, NSPS, PSES, PSNS

446

1975

BPT, BAT, NSPS, PSNS

443

1975

BPT, BAT, NSPS, PSNS

455

1978

BPT, BCT, BAT, NSPS, PSES, PSNS BPT, BCT, BAT, NSPS, PSES, PSNS BPT, BCT, BAT, NSPS, PSES, PSNS BPT, BCT, BAT, NSPS BPT BPT, BCT, NSPS BPT, BAT, NSPS, PSES, PSNS BPT, BCT, BAT, NSPS, PSES, PSNS, BMP BPT, BAT, NSPS, PSNS

Petroleum Refining

419

1982

Pharmaceutical Manufacturing

439

1983

Phosphate Manufacturing Photographic Plastic Molding and Forming Porcelain Enameling

422 459 463 466

1974 1976 1984 1982

Pulp, Paper and Paperboard

430

1998

Rubber Manufacturing

428

1974

Soaps and Detergents Manufacturing Steam Electric Power Generating Sugar Processing Textile Mills Timber Products Processing

417 423 409 410 429

1974 1982 1974 1982 1981

BPT, BAT, NSPS, PSNS BPT, BAT, NSPS, PSES, PSNS BPT, BCT, BAT, NSPS BPT, BAT, NSPS BPT, BAT, NSPS BPT, BCT, BAT, NSPS, PSES, PSNS BPT, BCT, BAT, NSPS, PSES, PSNS

Transportation Equipment Cleaning

442

2000

Waste Combustors

444

2000

EU PRACTICE IN SETTING WASTEWATER EMISSION LIMIT VALUES Urban Wastewater Treatment Directive 91/271/EEC
2.1 Scope
Adopted in 1991, the UWTD requires that urban and similar wastewaters be treated to minimum levels prior to discharge to surface water. This applied throughout the EU member states though, where needed, existing and new member states were allowed periods of several years to catch up with the minimum requirements. The application of the UWTD to a specific urban wastewater discharge depended (and depends) on the population equivalent (p.e.) of the urban catchment and the nature of the receiving water - see Section 2.2. The Directive also requires the regulation of biodegradable wastewater discharged to surface water from industrial plants in specific sectors - see Section 2.3 - where the wastewater from a plant represents a p.e. of 4 000 or more. Relevant definitions of terms are: 'urban waste water' means domestic waste water or the mixture of domestic waste water with industrial waste water and/or run-off rain water; 'domestic waste water' means waste water from residential settlements and services which originates predominantly from the human metabolism and from household activities; 'industrial waste water' means any waste water which is discharged from premises used for carrying on any trade or industry, other than domestic waste water and run-off rain water; 'collecting system' means a system of conduits which collects and conducts urban waste water; '1 p.e. (population equivalent)' means the organic biodegradable load having a five-day biochemical oxygen demand (BOD5) of 60 g of oxygen per day. Loads expressed in p.e. shall be calculated on the basis of the maximum average weekly load entering a (collecting system and) treatment plant during the year, excluding unusual situations such as those due to heavy rain; 'primary treatment' means treatment of urban waste water by a physical and/or chemical process involving settlement of suspended solids, or other processes in which the BOD5 of the incoming waste water is reduced by at

least 20 % before discharge and the total suspended solids of the incoming waste water are reduced by at least 50 %; 'secondary treatment' means treatment of urban waste water by a process generally involving biological treatment with a secondary settlement or other process in which the requirements established in Table B.2 are respected; 'eutrophication' means the enrichment of water by nutrients, especially compounds of nitrogen and/or phosphorus, causing an accelerated growth of algae and higher forms of plant life to produce an undesirable disturbance to the balance of organisms present in the water and to the quality of the water concerned; sensitive area means a water body that falls into one of the following groups: (a) natural freshwater lakes, other freshwater bodies, estuaries and coastal waters which are found to be eutrophic or which in the near future may become eutrophic if protective action is not taken Annex II of the Directive gives factors to take into account; (b) surface freshwaters intended for the abstraction of drinking water which could contain more than the concentration of nitrate laid down under the relevant provisions of Council Directive 75/440/EEC of 16 June 1975 if action is not taken; (c) areas where further treatment than that prescribed in Article 4 of this Directive is necessary to fulfil Council Directives.

2.2 Application of UWTD to Urban WWTPs

The UWTD applies to wastewater discharges to all surface waters. Table B.1 gives the minimum specified levels of treatment for wastewater discharges to freshwater, which depend on (i) whether or not the freshwater body is a sensitive area and (ii) the wastewater p.e. For simplicity and relevance, the time periods that member states were allowed for meeting UWTD requirements are omitted. Table B.1 Minimum Urban Wastewater Treatment Required Under UWTD
Wastewater p.e. Surface Water Designation Freshwater 2 000 to 10 000 10 000 Secondary treatment see Table B.2 Secondary treatment see Table B.2 Freshwater in Sensitive Area Secondary treatment see Table B.2 Secondary treatment see Table B.3 (1)

(1) Alternatively,

requirements for individual plants need not apply in sensitive areas where it can be shown that the minimum percentage of reduction of the overall load entering all urban waste water treatment plants in that area is at least 75 % for total phosphorus and at least 75 % for total nitrogen.

UWTD also requires particular attention is paid to the sampling and analysis of wastewater discharges to assess their compliance with the ELVs in Tables B.1 and B.2. Specifically: WWTPs shall be designed or modified so that representative samples of the incoming wastewater and of treated effluent can be obtained before discharge to receiving waters Flow-proportional or time-based 24-hour samples shall be collected at the same well-defined point in the outlet and if necessary in the inlet of the treatment plant in order to monitor compliance Good international laboratory practices aiming at minimizing the degradation of samples between collection and analysis shall be applied Compliance with the ELV is assessed at the 95 percentile confidence level the UWTD provides look-up tables specifying the maximum permissible number of failures consistent with 95 percentile

compliance. The number of permissible failures varies non-linearly with the number of samples analysed during the year. The annual number of samples noted in these look-up tables ranges from 4-7 to 351365.

Table B.2 Minimum UWTD Secondary Treatment Performance

Values for limiting concentration or the percentage of reduction shall apply Parameter
BOD5 at 20 C Biochemical oxygen demand without nitrification COD (Chemical oxygen demand) (4) Total suspended solids (5, 6)
(3,6)

Limiting Concentration

Minimum % Load Reduction (1)

25 mg/l O2

70 - 90

125 mg/l O2 35 mg/l

75 90 (2)

(1) Reduction (2) This (3)

in relation to the influent load

requirement is optional

Reference Method of Measurement: Homogenized, unfiltered, undecanted sample: determination of dissolved oxygen before and after five-day incubation at 20 C 1 C, in complete darkness. Addition of a nitrification inhibitor Reference Method of Measurement: Homogenized, unfiltered, undecanted sample: potassium dichromate
(4)

Reference Method of Measurement: Filtering of a representative sample through a 0.45 m filter membrane. Drying at 105 C and weighing Or Centrifuging of a representative sample (for at least five minutes with mean acceleration of 2 800 to 3 200 g), drying at 105 C and weighing
(5)

Urban waste water discharges to waters situated in high mountain regions (over 1 500 m above sea level) where it is difficult to apply an effective biological treatment due to low temperatures may be subjected to treatment less stringent than that prescribed above provided that detailed studies indicate that such discharges do not adversely affect the environment. Table 1 of Annex 1 of the UWTD defines the relaxed limits
(6)

Table B.3 Additional Minimum UWTD Treatment Performance for a Discharge to a Sensitive Area

One or both parameters may be applied depending on the local situation. The values for concentration or for the percentage of reduction shall apply. Wastewater
p.e. 10 000 to 100 000 100 000

Parameter

Limiting Concentration

Minimum % Load Reduction (1)

Total Phosphorus (3)

2 mg/l P 1 mg/l P

80 80

10 000 to 100 000 100 000

Total Nitrogen (2,3)

15 mg/l N (4) 10 mg/l N (4)

70 - 80 70 - 80

1) Reduction (2) This

in relation to the influent load requirement is optional (3) Reference Method of Measurement: Molecular absorption spectrophotometry (4) Alternatively, the daily average must not exceed 20 mg/l N. This requirement refers to a water temperature of 12 C or more during the operation of the biological reactor of the waste water treatment plant.

Taken from the EUs 1998 UWTD implementation review report, Figure B.1 below shows the planned capacity growth for collecting systems and treatment plants over a thirteen-year period. This covered all 14 member states at that time. Collecting systems capacity was planned to increase by 22 % and treatment capacity by 69 % over this period.

Figure B.1 Planned Development of Collecting Systems and Treatment Plants (1 000 p.e.)

It may be noted that in Germany, the implementation of the UWTD necessitated a major upgrading and expansion of the wastewater infrastructure and triggered very large investments. The problems connected with implementation in the new Lnder of eastern Germany were particular severe and of relevance. Similar to the situation in the EECCA, the wastewater infrastructure in the new Lnder was in such a desolate condition immediately after German reunification that some of the existing sewage disposal systems could not even be rehabilitated. Cost-effective solutions were therefore sought in order to contain the immense costs required for redevelopment. The efficient upgrading of wastewater collection and treatment systems in compliance with UWTD meant targeting financial resources carefully and more economically in the water protection sector and avoiding local planning mistakes and measures that were regionally uncoordinated.

2.3 Application of UWTD to Industry

Article 11 of UWTD requires that discharges of industrial waste water into collecting systems and urban waste water treatment plants is subject to prior regulations and/or specific authorizations by the competent authority or appropriate body, i.e. it requires that industrial discharges to sewer be subjected to trade effluent control (TEC). The TEC approaches adopted by selected authorising bodies in the United Kingdom is summarised in Section 5. Article 11

also states that the (TEC) regulations and/or specific authorization shall satisfy the following requirements: protect the health of staff working in collecting systems and treatment plants ensure that collecting systems, waste water treatment plants and associated equipment are not damaged ensure that the operation of the waste water treatment plant and the treatment of sludge are not impeded ensure that discharges from the treatment plants do not adversely affect the environment, or prevent receiving water from complying with other Community Directives ensure that sludge can be disposed of safety in an environmentally acceptable manner.

Article 13 of UWTD refers to biodegradable industrial wastewater from plants that (i) belong to the industrial sectors listed below and (ii) (each) represent a wastewater load of 4 000 p.e. or more. It requires that such wastewater, unless discharged to urban WWTPs, when it would be subject to TEC (see above), shall before discharge respect conditions established in regulations and/or specific authorization by the competent authority or appropriate body. Unlike for urban wastewater discharges, no specific minimum ELVs are laid down but it would be reasonable to apply the same or similar ELVs as given in Tables B.2 and B.3. The sectors to which Article 13 applies are: Milk-processing Manufacture of fruit and vegetable products Manufacture and bottling of soft drinks Potato-processing Meat industry Breweries Production of alcohol and alcoholic beverages Manufacture of animal feed from plant products Manufacture of gelatine and of glue from hides, skin and bones Malt-houses Fish-processing industry In a 1998 implementation review (7 years after adoption), the EU reported that: only a few Member States had taken into consideration the threshold of 4 000 p.e. Most stipulate in their laws that all discharges of industrial waste water must, whatever their size, be subject to prior regulations and/or specific authorisations regarding the stipulation in paragraph 2 of Article 13 that requirements should be appropriate to the nature of the industry concerned: Austria, Germany, France and Flanders in Belgium incorporate emission standards into their laws which vary according to the nature of the industry; the United Kingdom, Finland, Ireland, the Netherlands, Denmark, Sweden and Luxembourg opted to determine emission standards on a case-by-case basis for each industrial site, taking account of the principle of the best available technologies (BAT) when issuing discharge authorisations. In Greece, Italy and Portugal, national legislation did not define emission standards in relation to the industry concerned and the authorisations issued were not based on the principle of BAT. Spain had not completed the process of transposing the provisions of Article 13. In conclusion, the Commission considered that nine Member States had adopted provisions in accordance with Article 13 of the directive. Austrian legislation was deemed to be not in

conformity in that it did not cover all the industrial sectors specified in the directive. Italy had not transposed the directive. Checks were in progress regarding Greece, Portugal, Belgium and Spain.

Industry IPPC and Principles of BAT

Integrated Pollution Prevention and Control Directive (IPPC) 96/61/EC

Adopted in 1996, the IPPC Directive is concerned with industrial installations whose potential for causing pollution is significant. Table B.4 lists the industrial activities and, where they apply, the threshold capacities or throughputs of installations subject to IPPC. IPPC applies an integrated approach to pollution prevention, control and permitting of installations. Releases to water, air and land are considered together in the authorisation; all appropriate preventive measures are required to be taken against pollution, in particular through application of best available techniques (BAT); and IPPC requires that no significant pollution is caused. Relevant definitions include: 'substance` means any chemical element and its compounds, with the exception of radioactive substances within the meaning of Directive 80/836/Euratom (1) and genetically modified organisms within the meaning of Directive 90/219/EEC (2) and Directive 90/220/EEC (3); 'pollution` means the direct or indirect introduction as a result of human activity, of substances, vibrations, heat or noise into the air, water or land which may be harmful to human health or the quality of the environment, result in damage to material property, or impair or interfere with amenities and other legitimate uses of the environment; 'installation` means a stationary technical unit where one or more Annex-1 activities listed below are carried out, and any other directly associated activities which have a technical connection with the activities carried out on that site and which could have an effect on emissions and pollution; emission` means the direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources in the installation into the air, water or land; 'emission limit values` means the mass, expressed in terms of certain specific parameters, concentration and/or level of an emission, which may not be exceeded during one or more periods of time. Emission limit values may also be laid down for certain groups, families or categories of substances, in particular for those listed in Annex III. The emission limit values for substances shall normally apply at the point where the emissions leave the installation, any dilution being disregarded when determining them. With regard to indirect releases into water, the effect of a water treatment plant may be taken into account when determining the emission limit values of the installation involved, provided that an equivalent level is guaranteed for the protection of the environment as a whole and provided this does not lead to higher levels of pollution in the environment, without prejudice to Directive 76/464/EEC or the Directives implementing it; 'environmental quality standard` means the set of requirements which must be fulfilled at a given time by a given environment or particular part thereof, as set out in Community legislation;

'competent authority` means the authority or authorities or bodies responsible under the legal provisions of the Member States for carrying out the obligations arising from this Directive; 'permit` means that part or the whole of a written decision (or several such decisions) granting authorisation to operate all or part of an installation, subject to certain conditions which guarantee that the installation complies with the requirements of this Directive. A permit may cover one or more installations or parts of installations on the same site operated by the same operator; (a) 'change in operation` means a change in the nature or functioning, or an extension, of the installation which may have consequences for the environment; (b) 'substantial change` means a change in operation which, in the opinion of the competent authority, may have significant negative effects on human beings or the environment; 'best available techniques` 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 the impact on the environment as a whole: 'techniques` shall include 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 Member State 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 'operator` means any natural or legal person who operates or controls the installation or, where provided for in national legislation, to whom decisive economic power over the technical functioning of the installation has been delegated

As indicated in Table B.4, the range of industrial activities coming under the IPPC regime in EU member states is considerable. The application of BAT lies at the heart of IPPC and descriptive guidance on BAT in each industrial sector and sub-sector is provided in a series of BAT Reference documents normally referred to as BREFs. All BREFs are freely available in English language (only) on the website of the European IPPC Bureau (http://eippcb.jrc.es). The first BREFs became available a few years after the Directive was adopted. The final BREF of this, the first round, appeared in 2006. A process of revision and update to reflect technological advances is currently in place. Industry was not required to change overnight. Existing installations had several years to adapt to the new requirements: new installations were expected to apply BAT in their applications. Provision was also made for the application of BAT when an existing installation was modified significantly.

Table B.4 Industrial Installations Subject to IPPC Directive 96/61/EC

The threshold values given below generally refer to production capacities or outputs. Where an operator carries out several activities falling under the same subheading in the same installation or on the same site, the capacities of such activities are added together. Category 1. Energy industries Sector Sub-Sector Threshold Values

1.1 Combustion installations 1.2. Mineral oil and gas refineries 1.3. Coke ovens 1.4. Coal gasification and liquefaction plants

Rated thermal input 50 MW -

2. Production and processing of metals

2.1. Metal ore (including sulphide ore) roasting or sintering installations 2.2. Production of pig iron or steel (primary or secondary fusion) including continuous casting 2.3. Processing of ferrous metals

Capacity 2.5 tonnes/hour

a) Hot-rolling mills

Crude steel capacity 20 tonnes/hour Calorific power used 20 MW Hammer energy 50 kJ/hammer

(b) Smitheries using hammers

(c) Application of protective fused metal coats 2.4. Ferrous metal foundries 2.5. Installations (a) production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical,

Crude steel input 2 tonnes/hour Production capacity 20 tonnes/day -

chemical or electrolytic processes (b) smelting, including the alloyage of nonferrous metals, including recovered products, (refining, foundry casting, etc.) 2.6. Surface treatment of metals and plastic materials using an electrolytic or chemical process Melting capacity: 4 tonnes/day for Pb and Cd 2- tonnes/day for other metals

Volume of the treatment vats 30 m3

3. Mineral industry

3.1 production of cement clinker and lime

Production of cement clinker in rotary kilns Production of lime in rotary kilns or other furnace

Kiln capacity 500 tonnes/day Furnace capacity 50 tonnes/day -

3.2. Production of asbestos and the manufacture of asbestos-based products 3.3. Manufacture of glass including glass fibre 3.4. Melting mineral substances including the production of mineral fibres 3.5. Manufacture of ceramic products by firing: in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain

Melting capacity 20 tonnes/day Melting capacity 20 tonnes/day

production capacity 75 tonnes/day and/or kiln capacity 4 m3 and with a setting density per kiln exceeding 300 kg/m3

4. Chemical industry industrial scale

production by processing substances or groups of substances listed in 4.1 to 4.6

4.1. Basic organic chemicals, such as:

(a) simple hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic) (b) oxygen-containing hydrocarbons such as alcohols, aldehydes, ketones, carboxylic acids, esters, acetates, ethers, peroxides, epoxy resins (c) sulphurous hydrocarbons (d) nitrogenous hydrocarbons such as amines, amides, nitrous compounds, nitro compounds or nitrate compounds, nitriles, cyanates and isocyanates (e) phosphorus-containing hydrocarbons (f) halogenic hydrocarbons (g) organometallic compounds (h) basic plastic materials (polymers synthet-ic fibres and cellulose-based

Category Sector Sub-Sector Threshold Values fibres) 4. Chemical industry continued (i) synthetic rubbers (j) dyes and pigments (k) surface-active agents and surfactants 4.2 Basic inorganic chemicals, such as: (a) gases, such as ammonia, chlorine or hydrogen chloride, fluorine or hydrogen fluoride, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, sulphur dioxide, carbonyl chloride (b) acids, such as chromic acid, hydrofluoric acid, phosphoric acid, nitric acid, hydrochloric acid, sulphuric acid, oleum, sulphurous acids (c) bases, such as ammonium hydroxide, potassium hydroxide, sodium hydroxide (d) salts, such as ammonium chloride, potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate (e) non-metals, metal oxides or other inorganic compounds such as calcium carbide, silicon, silicon carbide 4.3. Production of phosphorous-, nitrogen- or potassium-based fertilisers (simple or compound fertilisers) 4.4. Production of basic plant health products and of biocides 4.5. Installations using a chemical or biological process for the production of basic pharmaceutical products 4.6. Chemical installations for the production of -

Category Sector Sub-Sector Threshold Values explosives 5. Waste management

- see Directive text for crossreferences to other Directives

5.1. Installations for the disposal or recovery of hazardous waste and the disposal of waste oils see Directive text for further guidance 5.2. Installations for the incineration of municipal waste 5.3. Installations for the disposal of nonhazardous waste - see Directive text for further guidance 5.4. Landfills excluding landfills of inert waste -

Capacity 10 tonnes/day

Capacity 3 tonnes/hour Capacity 50 tonnes/day

Receiving 10 tonnes/day Or Total capacity 25 000 tonnes

6. Other activities

6.1 Industrial plants for the production of:

(a) pulp from timber or other fibrous materials (b) paper and board Production capacity 20 tonnes/day Treatment capacity 10 tonnes/day

6.2. Plants for the pre-treatment (operations such as washing, bleaching, mercerisation) or dyeing of fibres or textiles 6.3. Plants for the tanning of hides and skins

Treatment capacity 12 tonnes/day of finished products Carcase production capacity 50 tonnes/day Animal raw materials: finished products production capacity 75 tonnes/day Vegetable raw materials: finished products production

6.4 (Food processing)

(a) Slaughterhouses

(b) Treatment and processing intended for the production

of food products from: - animal raw materials (other than milk)

capacity (average value on a quarterly basis) 300 tonnes/day

IPPC Permitting and ELVs

Principles
Articles 9, 10 and 18 of the Directive refer to the conditions of an IPPC permit and setting ELVs. Paragraphs 3, 4 and 5 of Article 9 state in part that: Para. 3: The permit shall include ELVs for pollutants, in particular, those listed in Annex III likely to be emitted from the installation concerned in significant quantities, (i.e. ELVs do not have to set for all the parameters listed below, only if the substances are likely to be emitted in significant quantities) having regard to their nature and their potential to transfer pollution from one environmental medium to another. Where appropriate, limit values may be supplemented or replaced by equivalent parameters or technical measures. The Annex III indicative list of main polluting substances to be taken into account if relevant for fixing emission limit values for releases to water are: Organohalogen compounds and substances which may form such compounds in the aquatic environment Organophosphorus compounds Organotin compounds Substances and preparations which have been proved to possess carcinogenic or mutagenic properties or properties which may affect reproduction in or via the aquatic environment Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances Cyanides Metals and their compounds Arsenic and its compounds Biocides and plant health products Materials in suspension Substances which contribute to eutrophication (in particular, nitrates and phosphates) Substances which have an unfavourable influence on the oxygen balance (and can be measured using parameters such as BOD, COD, etc.). Para. 4. Without prejudice to Article 10, the ELVs and the equivalent parameters and technical measures referred to in paragraph 3 shall be based on the best available techniques, without prescribing the use of any technique or specific technology, but taking into account the technical characteristics of the installation concerned, its geographical location and the local environmental conditions. In all circumstances, the conditions of the permit shall contain provisions on the minimisation of long-distance or transboundary pollution and ensure a high level of protection for the environment as a whole. Para. 5: The permit shall contain suitable release monitoring requirements, specifying measurement methodology and frequency, evaluation procedure and an obligation to

supply the competent authority with data required for checking compliance with the permit. Article 10 refers to BAT and environmental quality standards, stating that: Where an environmental quality standard requires stricter conditions than those achievable by the use of BAT, additional measures shall in particular be required in the permit, without prejudice to other measures which might be taken to comply with environmental quality standards. This is the socalled combined approach. Paragraph 1 of Article 18 provides the basis for the setting of ELVs at the Community level, though this has procedure not been invoked. Paragraph 2 states in part that, In the absence of Community emission limit values defined pursuant to para. 1), the relevant ELVs contained in (15) Directives referred to in Annex II shall be applied as minimum ELVs for the installations listed in the IPPC Directive (Table B.4). The Directives referred to include: Directive 82/176/EEC on limit values and quality objectives for mercury discharges by the chlor-alkali electrolysis industry Directive 83/513/EEC on limit values and quality objectives for cadmium discharges Directive 84/156/EEC on limit values and quality objectives for mercury discharges by sectors other than the chlor-alkali electrolysis industry Directive 84/491/EEC on limit values and quality objectives for discharges of hexachlorocyclohexane Directive 86/280/EEC on limit values and quality objectives for discharges of certain dangerous substances included in List 1 of the Annex to Directive 76/464/EEC, subsequently amended by Directives 88/347/EEC and 90/415/EEC amending Annex II to Directive 86/280/EEC Directive 76/464/EEC on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community Directive 75/442/EEC on waste, as amended by Directive 91/156/EEC Directive 91/689/EEC on hazardous waste

Summary
In summary, therefore, the Directive envisaged that ELVs for wastewater discharges to surface water from installations subject to IPPC would be set as follows: According to the current state of technology BAT subject to default maximum values where defined in other EU Directives Stricter than BAT where surface water quality would otherwise be compromised In practice, BAT is interpreted as taking into account the relation of costs and benefits, hence measures going beyond BAT are usually regarded as breaching the proportionality principle. Certainly this is the view of the Federation of German Industries (BDI), representing 35 industrial sector federations and 100 000 industrial enterprises that employ more than 8 million people. Commenting on a draft proposal to recast the IPPC Directive (and others) to form a unified Industrial Emissions Directive, the BDI has sought specific assurance that quality standards and national emission ceilings will not lead to measures going beyond BAT (Reference: BDI (2007), Position Paper: Proposal of the Commission for a Directive on Industrial Emissions (IPPC), Document No. D 0163, 24 October 2007. Available at: www.bdionline.de). By implication, it is normal practice in Germany that ELVs which are set for IPPC installations are not stricter than those achievable by BAT. The same approach applies in the United Kingdom.