Titanium Dioxide [EU]
Reduction of pollution caused by waste
from the titanium dioxide industry
This Directive sets up, according to Article 9 (3) of Directive 78/176/EEC, procedures for the harmonisation of programmes for the reduction of pollution caused by waste from existing industrial establishments, and improves the conditions of competition in the sector of titanium dioxide production.
Council Directive 92/112/EEC of 15 December 1992 on procedures for harmonizing the programmes for the reduction and eventual elimination of pollution caused by waste from the titanium dioxide industry.
The Directive is intended to fill the legal void created by the annulment of Council Directive 89/428/EEC (Official Journal L 201 of 14.07.1989) by the Court of Justice of the European Communities.
The Directive applies to solid waste, strong acid waste, weak acid waste, neutralized waste, treatment waste and dust. The processes covered are the sulphate process and the chloride process. The Directive also concerns dumping.
The dumping of any waste from ships or aircraft was prohibited as of 15 June 1993.
Discharges into territorial waters and the high sea of solid waste and strong acid waste from existing industrial establishments using either process and of treatment waste from existing industrial establishments using the sulphate process are prohibited from 15 June 1993.
Discharges into any waters of waste other than that referred to at point 4 above is reduced to limit values laid down by the Directive. Member States may choose to make use of quality objectives coupled with appropriate limit values, provided they demonstrate, in a programme presented to the Commission, that the measures achieve an equivalent effect in terms of protecting the environment and avoiding distortion of competition. The Member States must ensure that this reduction is achieved by 31 December 1993 or, under certain conditions, by 31 December 1994 for the sulphate process, and by 15 June 1993 for the chlorine process.
The Member States must ensure that discharges into the atmosphere are reduced in accordance with limit values laid down by the Directive.
The Member States monitor compliance with the limit values.
The Member States are subject to the general obligation to avoid or reuse the waste referred to by the Directive or, failing that, to dispose of it. Their actions must not endanger human health or harm the environment.
References
| Act | Entry into force | Deadline for transposition in the Member States | Official Journal |
| Directive 92/112/EEC | 22.12.1992 | 15.06.1993 | OJ L 409 of 31.12.1992 |
RELATED ACTS
Proposal for a Directive of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) (recast) [COM(2007) 844 final – Not published in the Official Journal].
Surveillance and monitoring of titanium dioxide waste
This Directive aims to fix common reference methods of measurement for sampling in order to conserve environments concerned by titanium dioxide waste.
ACT
Council Directive 82/883/EEC of 3 December 1982 on procedures for the surveillance and monitoring of environments concerned by waste from the titanium dioxide industry [See amending act(s)].
SUMMARY
The Directive applies to the discharge into water, the land surface, underground strata and the air of waste from the titanium dioxide industry.
The Member States carry out surveillance and monitoring of the environments affected, special account being taken of local environmental factors and the manner of disposal of the waste in question.
The Directive contains a detailed description of the sampling procedure and the sampling methods used.
Member States may lay down other parameters in addition to those laid down by the Directive.
Member States may derogate from the Directive in the event of flooding or natural disaster or on account of exceptional weather conditions.
References
| Act | Entry into force | Deadline for transposition in the Member States | Official Journal |
| Directive 82/883/EEC | 10.12.1982 | 10.12.1984 | OJ L 378 of 31.12.1982 |
| Amending act(s) | Entry into force | Deadline for transposition in the Member States | Official Journal |
| Regulation (EC) No. 807/2003 | 05.06.2003 | – | OJ L 122 of 16.05.2003 |
| Regulation (EC) No. 219/2009 | 20.4.2009 | – | OJ L 87 of 31.3.2009 |
Disposal of titanium dioxide industrial waste
This directive aims to prevent, gradually reduce and ultimately eliminate pollution from titanium dioxide industrial waste.
Council Directive 78/176/EEC of 20 February 1978 on titanium dioxide industrial waste [See amending act(s)].
The Member States will take steps to ensure that waste-disposal procedures take due account of human-health and environmental considerations. They will actively encourage waste prevention and recycling and the re-use of waste as raw materials.
Any discharge, dumping, storage, accumulation or injection of waste will require prior authorization, for a limited but renewable period, by the competent Member State authority:
- on whose territory the waste is produced;
- on whose territory the waste is discharged or dumped;
- from whose territory the waste is discharged or dumped.
Periodical checks will be carried out on the waste, and on the ambient environment in question, by bodies designated by the Member State responsible for issuing the licence, with a view to assessing the physical, chemical, biological and ecological aspects.
The Member States will draw up programmes for the gradual reduction, and ultimate elimination, of pollution caused by waste from old manufacturing facilities.
In the case of new manufacturing facilities, prior authorization must be obtained from the competent authorities in the Member State on whose territory it is planned to construct them. The issuing of any such authorization will be preceded by environmental impact studies and will be conditional on an undertaking by the companies concerned to use only those materials, procedures and technology that are least damaging to the environment.
Under the terms of the Directive, Member States are empowered to introduce more stringent rules.
References
| Act | Entry into force | Deadline for transposition in the Member States | Official Journal |
| Directive 78/176/EEC | 22.02.1978 | 21.02.1979 | OJ L 54 of 25.02.1978 |
| Amending act(s) | Entry into force | Deadline for transposition in the Member States | Official Journal |
| Directive 82/883/EEC | 10.12.1982 | 10.12.1984 | OJ L 378 of 31.12.1978 |
| Directive 83/29/EEC | 28.01.1983 | – | OJ L 32 of 03.02.1983 |
| Directive 91/692/EEC | 23.12.1991 | 01.01.1993 | OJ L 377 of 31.12.1991 |
Successive amendments and corrections to Directive 78/176/CEE have been incorporated in the basic text. This consolidated version is for reference purpose only.
RELATED ACTS
Proposal for a Directive of the European Parliament and of the Council of 21 December 2007 on industrial emissions (integrated pollution prevention and control) (Recast) [COM(2007) 844 final – Not published in the Official Journal].
The aim of this Proposal is to recast into a single legal act seven separate Directives relating to industrial emissions: Directives 78/176/EEC, 82/883/EEC and 92/112/EEC on waste and discards from the titanium dioxide industry, Directive 96/61/EC (replaced by Directive 2008/1/EC concerning integrated pollution prevention and control – the IPPC Directive), Directive 1999/13/EC on volatile organic compounds, Directive 2000/76/EC on the incineration of waste and Directive 2001/80/EC on pollutants emitted by large combustion plants. This integrated approach to issuing permits to industrial installations should allow major progress to be made in the field of atmospheric pollution. The central element of this approach is the implementation of Best Available Techniques BAT).
Codecision procedure (COD/2007/0286)
Reduction of pollution caused by waste from the titanium dioxide industry
EU legislation on pollution caused by waste from the titanium dioxide industry is now governed by Directive 2010/75(EU) on industrial emissions (integrated pollution prevention and control).
Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control).
Titanium dioxide waste can give rise to serious air and water pollution. For this reason, Directive 2010/75/EU devotes a specific chapter to titanium dioxide waste and sets stringent limit values for emissions.
Prohibition of disposal of waste
The following forms of waste must not be disposed of into any water body, sea or ocean:
solid waste;
mother liquors arising from the filtration phase following hydrolysis of the titanyl sulphate solution from installations applying the sulphate process (containing overall more than 0.5 % free sulphuric acid);
waste from installations applying the chloride process (containing more than 0.5 % free hydrochloric acid and various heavy metals);
filtration salts, sludges and liquid waste arising from the treatment of the waste applying the two abovementioned processes and containing various heavy metals, but not including neutralised and filtered or decanted waste containing only traces of heavy metals and which, before any dilution, has a pH value above 5.5.
Control of emissions into water
Limit values are set for emissions into water (Annex VIII, Part 1).
Prevention and control of emissions into air
Emission of acid droplets from installations must be prevented.
Limit values are set for emissions into air (Annex VIII, Part 2).
Monitoring of emissions
EU member countries must ensure that emissions into water and air are monitored and that the conditions laid down in the installation’s permit to operate are fully met (e.g. preventive measures are taken against pollution; best available techniques (BATs) are applied; waste is reduced, recycled or disposed of in the least polluting manner; energy efficiency is maximised).
Monitoring must be carried out in accordance with CEN (or other recognised standards that ensure the provision of data of an equivalent scientific quality). Specifications regarding the monitoring process are included in Annex VIII, Part 3.
References
Entry into force
Deadline for transposition in the Member States
Official Journal
Directive 2010/75/EU
6.1.2011
7.1.2013
OJ L 334 of 17.12.2010