Consequences for (combustion) plants by the Collective Decree Environmental and Planning Act I&W Environment 2025 (Verzamelbesluit Omgevingswet I&W Milieu 2025)! 

Regulation of hydrogen combustion plants

There is currently an independent permit requirement for operating a combustion plant with a capacity of at least 100 kW with hydrogen as fuel. The Collective Decree removes this permit obligation and brings combustion plants with hydrogen as fuel under the general national regulations of the Decree on activities in the living environment. Obviously, a permit will still be required if there is another activity requiring a permit, such as the operation of a combustion plant requiring a permit, because it falls under the scope of the Industrial Emissions Directive and/or the Seveso Directive. 

As a starting point, the emission limit values that apply to small and medium-sized combustion plants with "standard fuels" under the Living Environment Activities Decree will thus become directly applicable to the combustion plant using hydrogen as fuel with a capacity of at least 100 kW and no more than 50 MW. Thereby, a special emission limit value for nitrogen is brought under the general state regulations. Also, the general inspection obligation for small and medium-sized combustion plants will become applicable mutatis mutandis after six weeks after the Collective Decree comes into force or six weeks after the plant is put into operation. The government expects that the use of hydrogen as a fuel in combustion plants will increase significantly in the coming years for meeting the climate objectives, making it desirable from the perspective of reducing regulatory and administrative burdens to establish general rules in this regard.

Adaptation of emission and monitoring requirements for polyaromatic hydrocarbons and benzene in asphalt production

Asphalt plants are already currently subject to general rules regarding emission limits and measurement and monitoring requirements for various substances. The Collective Decree adds an independent emission limit value for benzene emissions. It also makes it mandatory to measure the emission of polyaromatic hydrocarbons and benzene annually and clarifies how polyaromatic hydrocarbons should be measured. This amendment follows the earlier letter from the State Secretary for Infrastructure and Water Management regarding the emission of substances of very high concern (zeer zorgwekkende stoffen) from asphalt plants.

Expedited entry into force of 'air module' for existing plants

The Environmental Activities Decree includes a section on limit values and measurement obligations of air emissions, which applies to designated activities. However, this "air module" does not apply insofar as emission limit values apply to the installation itself or if European BAT-conclusions apply to the installation. The air module constitutes a kind of residual regulation for otherwise unregulated air emissions from various types of installations. When the Environment and Planning Act entered into force on January 1, 2024, it was stipulated that the air module, in brief, would only become applicable to existing installations on January 1, 2028. However, the Collective Decree reduces this date to January 1, 2026.

Do you have questions about what these changes could mean for your business? If so, please feel free to contact Alexandra Danopoulos (0639223800 or a.danopoulos@ploum.nl) or Tim Vlug (t.vlug@ploum.nl).