Limitations of Emissions of Certain Pollutants into the Air from Large Combustion Plants Regulations, 2002 (Legal Notice 329 of 2002)

B 5048 L.N. 329 of 2002 ENVIRONMENT PROTECTION ACT, 20012 (ACT NO. XX OF 2001) Limitations of Emissions of Certain Pollutants into the Air from Large Combustion Plants Regulations, 2002 BY virtue of the powers conferred by article 9 of the Environment Protection Act, 2001, hereinafter referred to as "the Act", the Minister for Home Affairs and the Environment has made the following regulations: Citation, 1. (1) The title of these regulations is the Limitation of commencefnent and • • f C 11 · h Em1ss1ons o ertain Po utants mto t e Air from Large Combustion scope. Plants Regulations, 2002. Interpretation. (2) These regulations shall come into force on such date as the Minister responsible for the environment may by notice in the Gazette appoint, and different dates may be so appointed for different provisions and different purposes of these regulations. (3) A notice under sub-regulation (2) of this regulation may make such transitional provisions as appear to the Minister responsible for the environment to be necessary or expedient in connection with the provisions thereby brought into force. 2. For the purposes of these regulations "emission" means the discharge of substances from the combustion plant into the air; "waste gases" means gaseous discharges containing solid, liquid or gaseous emissions; their volumetric flow rates shall be expressed in cubic metres per hour at standard temperature (273 K) and pressure (101,3 kPa) after correction for the water vapour content, hereinafter referred to as (Nm3/h); "emission limit value" means the permissible quantity of a substance contained in the waste gases from the combustion plant which may be discharged into the air during a given period; it shall be calculated in terms of mass per volume of the waste gases expressed in mg/Nm3, assuming an oxygen content by volume in the waste gas of 3 % in the case of liquid and gaseous fuels, and 6% in the case of solid fuels, and 15% in the case of gas turbines; "rate of desulphurization" means the ratio of the quantity of sulphur which is is not emitted into the air at the combustion plant site over a given period, to the quantity of sulphur contained in the fuel which is introduced into the combustion plant facilities and which is used over the same period; "operator" means any natural or legal person who operates the combustion plant, or who has or has been delegated decisive economic power over it; "fuel" means any solid, liquid or gaseous combustible material used to fire the combustion plant, with the exception of waste covered by the Waste Management (Incineration) Regualtions 2001; ''combustion plant" means any technical apparatus in which fuels are oxidized in order to use the heat thus generated; "multi-fuel firing unit" means any combustion plant which may be fired simultaneously or alternately by two or more types of fuel; "new plant" means any combustion plant for which the original construction licence or, in the absence of such a procedure, the original operating licence was granted on or after 1 July 1987; "existing plant" means any combustion plant for which the original construction licence or, in the absence of such a procedure, the original operating licence was granted before 1 July 1987; "biomass" means products consisting of any whole or part of a vegetable matter from agriculture or forestry which can be used as a fuel for the purpose of recovering its energy content and the following waste used as a fuel: (a) vegetable waste from agriculture and forestry; (b) vegetable waste from the food processing industry, if the heat generated is recovered; ( c) fibrous vegetable waste from virgin pulp production and from production of paper from pulp, if it is co-incinerated at the place of production and the heat generated is recovered; B 5049 B 5050 L.N. 107 of 2002. Type of combustion plants. (d) Cork waste; (e} Wood waste with the exception of wood waste, which may contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives on coating, and which includes in particular such wood waste originating from construction and demolition waste; "gas turbine" means any rotating machine which converts! thermal energy into mechanical work, consisting mainly of a compressor, a thermal device in which fuel is oxidised in order to, heat the working fluid, and a turbine; "Minister" shall mean the Minister responsible for the environment; "Competent Authority" means the Malta Environment and Planning Authority as prescribed by the notice entitled Nomination of the Malta Environment and Planning Authority as the competent authority, and such other body or person as the Minister responsible for the Environment may by order in the Gazette prescribe and different bodies or persons may be designated as the competent authority for different provisions and different purposes of these regulations. 3. The regulations shall apply only to combustion plants designed for production of energy with the exception of those which make direct use of the products of combustion in manufacturing processes. In particular, these regulations shall not apply to the following plants: (1) (a) plants in which the products of combustion are used for the direct heating, drying, or any other treatment of objects or materials e.g. reheating furnaces, furnaces for heat treatment, (b) post-combustion plants i.e. any technical apparatus designed to purify the waste gases by combustion which is not operated as an independent combustion plant, (c) facilities for the regeneration of catalytic cracking catalysts, (d) facilities for the conversion of hydrogen sulphide into sulphur, ( e) reactors used in the chemical industry, (f) coke battery furnaces, (g) cowpers; (h) any technical apparatus used in the propulsion of a vehicle, ship or aircraft; (i) gas turbines used on offshore platforms; G) gas turbines licensed before 27 November 2002 or which in the view of the competent authority are the subject of a full request for a licence before 27 November 2002 provided that the plant is put into operation no later than 27 N~vember 2003 without prejudice Regualtion 8( 1) and Annex VIIl(A) and (B); (2) Where two or more separate new plants are installed in such a way that, talcing technical and economic factors into account, their waste gases could, in the judgment of the competent authorities, be discharged through a common stack, the combination formed by such plants is to be regarded as a single unit. B 5051 4. (1) The competent authority shall draw up appropriate Programmes. programmes for the progressive reduction of total annual emissions from existing plants, whereby timetables and implementing procedures will be set out. (2) The competent authority shall, in accordance with the programmes mentioned in sub regulation (1), continue to comply with the emission ceilings and with the corresponding percentage reductions laid down for sulphur dioxide in Annex I, columns 1 to 6, and for oxides of nitrogen in Annex II, columns 1 to 4, by the dates specified in those Annexes, until the implementation of Regulation 4 that apply to existing plants: Provided that when the programmes are being carried out, the competent authority shall also determine the total annual emissions in accordance with Annex VIII(C). 5. (1) The competent authority shall, take appropriate measures Licences. to ensure that all licences for the construction or, in the absence of such . a procedure, for the operation of new plants which in the view of the competent authority are the subject of a full request for a licence before 27 November 2002, provided that the plant is put into operation no B 5052 later than 27 November 2003, contain conditions relating to compliadce with the emission limit values laid down in part A of annex TII to VII! in respect of sulphur dioxide, nitrogen oxides and dust: Provided also that point 2 of Annex VIII provisions shall be appli~d from 27.11.2004. (2) The competent authority shall take appropriate measu*s to ensure that all licences for the construction or, in the absence of su¢h a procedure, for the operation of new plants, other than those cover*d by sub regulation (1), contain conditions relating to compliance with the emission limit values laid down in Part B of annexes III to VII in respect of sulphur dioxide, nitrogen oxides and dust. (3) Without prejudice to the Integrated Pollution Preventiqn and Control Regulations, 2002 and the Ambient Air Quality Assessmeµt and Management Regulations, 2001, the competent authority shall, 1:>y 1 January 2008 at the latest, achieve significant emission reductions by: (a) talcing appropriate measures to ensure that all licences for the operation of existing plants contain comlitions relating to compliance with the emission limit values established for ne~ plants referred to in subregulation (1); or (b) ensuring that existing plants are subject to the nation41 emission reduction plan referred to in subregulation (6) and wher~ applicable applying regulations 6, 9, and 10. ( 4) Without prejudice to the Integrated Pollution, Preventioµ and Control Regulations, 2002 and the Ambient Air Quality Assessme~t and Management Regulations, 2001, existing plants may be exempte<\:l from compliance with the emission limit values referred to in su~ regulation (3) and from their inclusion in the national emission reduction plan on the following conditions: a. if the operator of an existing plant undertakes, in a written declaration submitted by 30 June 2004 at the latest to the competent authority, not to operate the plant for mor¢ than 20000 operational hours starting from 1 January 2008 and ending no later than 31 December 2015, b. if the operator is required to submit each year to the competent authority a record of the used and unused time allowed for the plants' remaining operational life. (5) The competent authority may require compliance with emission limit values and time limits for implementation, which are more stringent than those, set out in subregulations (1) to (4) and in regulation 12: Provided also that the competent authority may include other pollutants, and may impose additional requirements or adaptation of plant to technical progress. (6) The competent authority may, without prejudice to these regulations and to the Integration Pollution Prevention and Control Regulations, 2002, and taking into consideration the costs and benefits as well as their obligations under the Ambient Air Quality Assessment and Management Regulations, 2001, define and implement a national emission reduction plan for existing plants, taking into account, inter alia, compliavce with the ceilings as set out in Annexes I and II: Provided that the national emission reduction plan shall reduce the total annual emissions of nitrogen oxides (No), sulphur dioxide (S0 2 ) and dust from existing plants to the levels that would have been achieved by applying the emission limit values referred to in subregulation 3 to the existing plants in operation in the year 2000, (including a rehabilitation plan in 2000, approved by the competent authority, to meet emission reductions required by national legislation) on the basis of each plant's actual annual operating time, fuel used and thermal input, averaged over the last five years of operation up to and including 2000: Provided also that the closure of a plant included in the national emission reduction plan shall not result in an increase in the total annual emissions from the remaining plants covered by the plan: Provided also that the national emission reduction plan may under no circumstances exempt a plant from the provisions laid down in any other relevant regulations, including inter alia the Ambient Air Quality Assessment and Management regulations 2001. B 5053 6 •. The competent authority shall ensure that the technical and New plants. economic feasibility of providing for the combined generation of heat and power is examined, in the case of new plants for which the licence is granted pursuant to regulation 5(b) or plants covered by regulation 12: Provided also that where this feasibility is confirmed, bearing in mind the market and the distribution situation, installations shall be developed accordingly. B 5054 Emission Limit Values for Oxides of Nitrogen. Conditions for liecences. Suspension and Derogation. 7. In the case of construction of combustion plants whicq are likely to have significant effects on the environment in another state, the competent authority shall ensure that all appropriate inform*ion and consultation takes place, in accordance with Part V, regulation 3~(1) of the Environmental Impact Assessment Regulations, 2001. 8. (1) The competent authority shall stipulate in conditions ofthe licences referred to in Regulation 6 providing for procedures relatiqg to malfunction or breakdown of the abatement equipment: Provided also that in any case the competent authority shall be notified within 48 hours, and in no circumstances shall the cumulative duration of unabated operation in any twelve-month period exceed 1120 hours. (2) The competent authority may allow exceptions to1the limits of 24 hours and 120 hours above in cases where, in t~eir judgement: (a) there is an overriding need to maintain energy supplies, or (b) the plant with the breakdown would be repla~ed for a limited period by another plant, which would caus~ an overall increase in emissions. 9. (1) The competent authority may allow a suspension ftjr a maximum of six months from the obligation to comply with the emissjon limit values provided for in Article 5 for sulphur dioxide in respect qf a plant which to this end normally uses low-sulphur fuel, in cases whbre the operator is unable to comply with these limit values because o~ an interruption in the supply of low-sulphur fuel resulting from a serious shortage. (2) The competent authority may allow a derogation fr?m the obligation to comply with the emission limit values provided fo~ in regualtion 5 in cases where a plant which normally uses only gaseQus fuel, and which would otherwise need to be equipped with a waste tas purification facility, has to resort exceptionally, and for a short peri:oa not exceeding 10 days, to the use of other fuels because of a sud~en interruption in the supply of gas. (3) The competent authority shall immediately be informed of each specific case as it arises, by the operator. , B 5055 10. (I) The competent authority shall for the purpose of EmissionLimit granting the licence referred to in regulation 5 ( 1) and (2), and in the Values. case of such plants covered by regulation 5(3) or regulation 12 for a new plant with a multi-fuel firing unit involving the simultaneous use of two or more fuels, set the emission limit values as follows: (a) First, by taking the emission limit value relevant for each individual fuel and pollutant corresponding to the rated thermal input of the combustion plant as given in Annexes Ill to Vil, (b) secondly, by determining fuel-weighted emission limit values, which are obtained by multiplying the above individual emission limit value by the thermal input delivered by each fuel, the product of multiplication being divided by the sum of the thermal inputs delivered by all fuels, (c' thirdly, by aggregating the fuel-weighted limit values: Provided that in multi-firing units using the distillation and conversion residues from crude-oil refining for own consumption, alone or with other fuels, the provisions for the fuel with the highest emission limit value (determinative fuel) shall apply, notwithstanding sub-regulation ( 1) above, if during the operation of the combustion plant the proportion contributed by that fuel to the sum of the thermal inputs delivered by all fuels is at least 50%: Provided further that where the proportion of the determinative fuel is lower than 50 %, the emission limit value is determined on a pro rata basis of the heat input supplied by the individual fuels in relation to the sum of the thermal inputs delivered by all fuels as follows: ( a) first, by taldng the emission limit value relevant for each individual fuel and pollutant corresponding to the rated heat input of the combustion plant as given in Annexes Ill to Vil, (b) secondly, by calculating the emission limit value of the determinative fuel (fuel with the highest emission limit value according to Annexes III to VII and, in the case of two fuels having the same emission limit value, the fuel with the higher thermal input); this value is obtained by multiplying the emission limit value laid down in Annexes ID to Vil for that fuel by a factor of two, and subtracting from this product the emission limit value of the fuel with the lowest emission limit value, B 5056 (c) thirdly, by determining the fuel-weighted emission limit values, which are obtained by multiplying the calculated fuel emission limit value by the thermal input of the determinative fuel and the other individual emission limit values by the thermal input delivered by each fuel, the product of multiplication being divided by the sum of the thermal inputs delivered by all fuels, ( d) fourthly, by aggregating the fuel-weighted emission limit values. (2) As an alternative to sub regulation 2, the following average emission limit values for sulphur dioxide may be applied (irrespective of the fuel combination used): (a) for plants referred to in regulation 5(1) and (3): 1000 mg/Nm3, averaged over all such plants within the refinery; (b) for new plants referred to in regulation 5(2): 600mg/Nm3, averaged over all such plants within the refinery, with the exception of gas turbines. Provided that the competent authority shall ensure that the application of this provision does not lead to an increase in emissions from existing plants. (3) For the purpose of granting the licence referred to in regulation 5 (1) and (2) for new plants with a multi-fuel firing unit involving the alternate use of two or more fuels, and in the case of such plants covered by regulation 5 (3) or regulation 12 the emission limit! values set in Annexes III to VII corresponding to each fuel used shall• be applied. (4) Notwithstanding Annex III, plants of a rated thermal input equal to or greater than 400 MW, which do not operate more than the following numbers of hours a year (rolling average over a period ot five years) Until 31 December 2015, 2,000 hours; From 1 January 2016, 1,500 hours, shall be subject to a limit value for sulphur dioxide emissions1 of 800 mg/Nm3: B 5057 Provided that this regulation shall apply to new plants for which the licence is granted pursuant to regulation 5 (2). 11. No operator may discharge waste gases from combustion Discharge of waste plants, unless it does so in a controlled fashion acceptable to the gases. competent authority by means of a stack: Provided that the licence referred to in regulation 5 and licences for combustion plants covered by regulation 12 shall lay down the discharge conditions: Provided also that the Authority shall in particular ensure that the stack height is calculated in such a way as to safeguard health and the environment. 12. ( 1) Where a combustion plant is extended by at least 50 Combustion plant. MW, the en\ission limit value to be applied to the new part of the plant shall be fixed by the competent authority in relation to the thermal capacity of the entire plant. This provision shall not apply in the cases referred to in regulation 10 (2) and (3). (2) Where the operator of a combustion plant is envisaging a change according to regulation 2 paragraph ( 13), and regulation 24 of the Integrated Pollution Prevention and Control Regulations, 2002, the emission limit values as set out in part B of Annexes III to VII in respect of sulphur dioxide, nitrogen oxides and dust shall apply. 13. (1) The competent authority shall take the necessary Monitoring. measures to ensure the monitoring, in accordance with Annex VIII (A), of emissions from the combustion plants covered by these regulations and of all other values required for the implementation of these regulations, such that the competent authority may require that such monitoring shall be carried out at the operator's expense. (2) The operator shall inform the competent authority within such time limits as may be established by the competent authority about the results of the continuous measurements, the checking of the measuring equipment, and the individual measurements and about all other measurements carried out in order to assess compliance with these regulations. 14. (1) In the event of continuous measurements, the emission limit values set out in Annexes III to VII shall be regarded as having been complied with by the operator if the evaluation of the results · indicates, for operating hours within a calendar year, that: Continuous measurements. B 5058 Offences. (a) none of the calendar monthly mean values exceeds the emission limit values; and (b) in the case of: sulphur dioxide and dust: 97 % of all the 48 hourly mean values do not exceed 110 % of the emission limit values, oxides of nitrogen: 95 % of all the 48 hourly mean values do not exceed 110 % of the emission limit values. The periods referred to in regulation 8 as well as start up and shut: down periods shall be disregarded. (2) In cases where only discontinuous measurements or other appropriate procedures for determination are required, the emission limit values set out in Annexes III to VII shall be regarded as having; been complied with by the operator if the results of each of the series o.t1 measurements or of the other procedures defined and deterrninedi according to the rules laid down by the competent authority do noti exceed the emission limit values. (3) For new plants for which the licence is granted pursuam to regulation 5(b), the emission limit values shall be regarded, for operating hours within a calendar year, as complied with if: (a) no validated daily average value exceeds the relevant figures set out in part B of Annex III to VII, and of the relevant figures, and (b) 95% of all validated hourly average values over the year do not exceed 200% of part B of Annexes ill to VII relevant figures: Provided that the validated average values are determined as set out in point A .6 of Annex VIII, and regulation 8 periods as well as start up and shut down periods shall be disregarded. 15. Any person shall be guilty of an offence under thes~ regulations if: (a) he fails to comply with any provision of these regulations or fails to comply with permit conditions or with any order lawfully given in terms of any provision of these regulations; or (b) he contravenes any restriction, prohibition ott requirement imposed by or under these regulations; or ( c) he acts in contravention of any of the provisions of these regulations; or (d) he conspires or attempts, or aids, or abets, any other person by whatever means, including advertising, counselling or procurement to contravene the provisions of these regulations or to fail to comply with any such provisions (including any order lawfully given in terms of any of the provision of these regulations) or to contravene any restriction, prohibition or requirement imposed by or under the said regulations. B 5059 16. Any person who commits an offence against these Penalties. regulations shall, on conviction, be liable: (a) on a first conviction to a fine (multa) of not less than five hl dred liri but not exceeding one thousand liri; (b) on a second or subsequent convictions, to a fine (multa) of not less than one thousand liri, but not exceeding two thousand liri or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment: Provided that whenever any person is found guilty of committing an offence under these regulations by means of a vehicle, the owner of the said vehicle, where applicable, is held liable in the same manner and degree: Provided further that the court shall order any person who has been found guilty of committing an offence against these regulations to pay for the expenses incurred by the competent authority as a result of the said offence, the revocation of the permit issued by the competent authority and the confiscation of the corpus delicti, including the vehicle, if applicable. 17. (1) The provisions of articles 23 and 30 of the Criminal Code shall, mutatis mutandis, apply to proceedings in respect of offences against these regulations, so however that the disqualification from holding or obtaining a licence, permit or authority shall in no case be for less than one year. (2) Notwithstanding the provisions of article 370 of the Criminal Code, proceedings for an offence against these regulations shall be held before the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be, and shall be in accordance· with the provisions of the Criminal Code regulating the procedure before the said courts as courts of criminal judicature. Applicability of Cap.9. B 5060 Language of the Annexes. Repeals L.N. 164 of 2002. (3) Notwithstanding the provisions of the Criminal Code, the Attorney General shall always have a right of appeal to the Court oft Criminal Appeal from any judgement given by the Court of Magistrates: (Malta) or the Court of Magistrates (Gozo) in respect of proceedings. for any offence against these regulations. 18. The Annexes I to Vll to these regulations are being published in the English language with the English text of these regulations. 19. The Limitations of Emissions of certain Polutants into the Air from Large Combustion Plants Regulatons, 2002 are hereby repealed. B 5061 ANNEX! Programme for Emmission Reductions Year S01 emissions NOumissions so .. N01 (ktonnes/year) (ktonnes/year) "/e reduction o,·er 1980 % reducUon over 1980 emis$ions. emissions 1980 11.60 I.69 0 0 1987 14.84 5.78 +28 +243 1988 15.10 6.74 +30 +300 1989 15.62 7.06 +35 +319 1990 16.38 7.43 +41 +340 1991 19.09 8.04 +65 +377 1992 16.64 6.16 +43 +301 1993 13.27 6.73 +14 +299 1994 15.01 6.23 +29 +269 1995 17.93 3.64 +55 +116 1996 17.31 2.52 +49 +49 1997 18.34 2.67 +58 +58 1998 I 7.46 ~ 2.54 +51 +51 1999 18.98 2.76 +64 +64 . 2000 16.90 2.46 +46 +46 2001 17.25 2.84 +49 +68 2002 16.11 2.88 +39 +71 2003 13.53 2.88 +17 +71 B 5062 ANNEX II EMISSION LlMIT VALUES FOR S02 Solid fuel A. SO, emission limit values expressed in mg/Nm' (0 2 content 6%) to be applied by new existing plants pursuant to Regulations 5(1) and 5(3) respectively. mg SO/Nm' 2000 1500 1000 soo 400 r-f------------------>,.--------------+ 50 100 500 MW!h NB. Where the emission limit values above c.ann01 be met due 10 the characteristics of the fuel a rate of desulpburisation of al least 60 " shall be achieved in the case of plants with a raced tbennal input of ten than or equal 10 100 MW ch. 7 5 " for plants greatrr than 100 MWth and fess than or equal to JOO MWth and 90 % for pf.ants greater than JOO MWt.b. For plants greater than SOO MWth. a dcsulphurimion rate of at lea.st 94 " shall apply or of al least 92 " where a contract for the fitting of flue gas dcsulpburisation or lime injection equipment 1w been cotered into, and work on its installation has commenced, before I January 2 00 I. B. S0 2 emission limit values expressed in mg/Nm' (0 2 content 6%) to be applied by new existing plants pursuant to Regulation 5(2) with the exception of gas turbines. Type of fuel 50 10 I 00 MWlb 100 10 300 MWth > 300 MWth Biomass 200 200 200 General case 850 200 200 NB. Where the emission limit values above cannot be met due 10 the cba.ractcristics of the fuel installations sb.all achieve 300 me/Nm I SO 2, or a rate of desulph urisation of at least 9 2 " 1hill be achieved in the case of plants with a r;ated tliermal input of less than or equal to 300 MWth and in the cue of plants with a rated thermal input greater than 300 MWth a rate of dClulphurisation of at least 9 5 " together with a maximum permissible emission limit value of 400 mg(Nm1 shall applv. B 5063 ANNEX III EMISSION LIMIT VALUES FOR S02 liquid fuels A. SO, emission limit values expressed in mg/Nm3 (0 2 content 6%) to be applied by new existing plants pursuant to Regulations 5(1) and 5(3) respectively. 2000 1700 1500 1000 500 400 L.....1.--------:1-------4------------,,. 50 100 300 500 B. S0 2 emission limit values expressed in mg/Nm3 (0 2 content 6%) to be applied by new existing plants pursuant to Regulation 5(2) with the exception of gas turbines. SO to I 00 MWth 850 100 to 300 MWth 400to 200 (linear decrease) > 300 MWdi 200 B 5064 ANNEXIV EMISSION LIMIT VALUES FOR S02 Gaseoududs A. S02 emission limit values expressed in mg/Nm3 (02 content 6%) to be applied by new existing plants pursuant to Regulations 5(1) and 5(3) respectively. Type of fud Gaseous fuels in general Liquefied gas Low calorific ga:ies from gasification of refinery residues, coke oven gas, blast-furnace gas Gas from gasification of coal Um.itnluet (mgJNm~ 35 800 ( 1 ) Tfic round( will fix the emission limit values applicable 10 such gu 11 a Later stage on the basis of proposals from the Comm1s5100 to be made in tbc light of funhcr technical apcricnce.. B. SO2 emission limit values expressed in mg/Nm 3 (0 2 content 6%) to be applied by new plants pursuant to Regulation 5(2) with the exception of gas turbines. Gaseous fuels in general 35 Liquefied gas s Low calorific gases from coke oven 400 Low caloric gases from blast furnace 200 B 5065 ANNEXV EMISSION LIMIT VALVES FOR. NC>z (MEASUR.ED AS NO,) A. S02 emission limit values expressed in mg/Nm 3 (0 2 content 6% for solid fuels, 3% for liquid and gaseous fuels) to be applied by new existing plants pursuant to Regulations 5(1) and 5(3) respectively. Tn,e of fuel: Limit values (mg/Nm') Solid('), (2): SO to SOO MWtb: 600 >SOO MWth: soo From 1 Januaiy 2016 SO to SOO MWth: 600 >SOO MWth: 200 Liquid: SO to SOO MWth: -4SO >SOO MWth: 400 Gaseous: SO ro SOO MWth: 300 >SOO MWth: 200 ( 1 ) Until 31 December 2015 plants of a rated thermal input greater than 500 MW, which from 2008 onwards do not operate more than 2000 hours a year (rolling average over a period of five years), shall: in the case of plant licensed in accordance with Regulations 5(3)(a), be subject to a limit value for nitrogen oxide emissions (rneansured as N0 2 ) of 600 mg/Nm3; In the case of plant subject to a national plan under Regulation 5(6) have their contribution to the national plan assessed on the basis of a limit value of 600 mg/Nm3; From 1 January· 2016 such plants, which do not operate more than 1500 hours a year (rolling average over a period of five years), shall be subject to a limite value for nitrogen oxide emissions (measured as N0 2 ) of 450mg/Nm3• (2) Until} January 2018 in the case of plants that in the 12 month period ending on I January 2001 operated on, and continue to operate no, solid fuels whose volatile content is less than 10% 1200 mg/Nm' shall apply. B 5066 B. N02 emission limit values expressed in mg/Nm' to be applied by new plants pursuant to Regulation 5(2) with the exception of gas turbines Soliilji,cls (01 CDlltoU 6 ") T7J1t ol"Cud SO to 100 MWlh 100 to 300 MWlh > 300 MWtb Biomass 400 300 200 Ccncral c:asc 400 200 200 Uip,idfads (Oz mnrmr 3 ") SO to l 00 M)Vtb I 00 10 JOO MWdi > JOO MWrh 400 200 200 Gl&alsfads (O:z comau 3 ") 50 10 JOO MWth > JOO MWth Natural gas (note 1) l 50 100 Other gases 200 200 NOa emission limit values expressed in mifNm1 (01 content I 5 ") to be applied by a single gas nubine unit pllffllUlt to Article 4(2) (the limit values apply only above 70 % load): > 50 MWda (tbumal iapul 11 ISO conclilioas) Natural gas (Nore 1) SO (Note 2) Liquid fuels (Note 3) 120 Gaseous fuels (other than natural gas) 120 Gas turbines for emergency use that operate less than 500 hours per year are acluded from lhese limit values. The operator of such planis is required to submit each year to the competent authority a record of such used time. Nott J: Natural ps Is IIIUlnlly oc:aurmr methane with 110t 1110ft than 20 " (by volume) of laerU and odm coasaruena. Nau 2: 75 rn,JNm1 In the following cues. whm, the eflldenq of the pr IUi-bim is deccnniaecl ar ISO base load cooclilioas: ps llllbiDes, used in combined beat uid ~ sysrans haring ID ovaall emdeacy para- thlD 75 I: ps tUJbiDa used ID combintd cycle plaau haYiDc ID annual •vaaae cwaall clcctrical dfidaK:y SRarct rhan s s "= ps tUJbiDa for inecbanical driftS. l'vr lillp ~ ps mrblDes - falliD& inlO Ill)' o( die above caicgorta, but haviD& ID cflidmcy parer !baa J' " dctmnincd at ISO base load coodldom - the emiaioa limit value shall be SO"rl/1 S wbcR q Is die ps twbiac ellidmcy uprased U a pcrcmu,e (and at ISO baR load cooditiom). Nau J: This aniaioo limit value oaiy applies IO IU lun,ioes flril2f lithr aad middle dis1illates. B 5067 ANNEX VI EMISSION lJMlT VALDES FOR DUST A. D~st emission limit values express in mg/Nm3 0 2 content 6% for solid fuels, 3% for liquid and gaseous fuels) to be applied by new and exisiting plants pursuant to Regulations 5(1) and 5(3) respectively. Type of fuel Rated thmnaJ input Emission limit values (MW) (mg/Nm~ Solid i: S00 so (2) < 500 100 Liquid (1) all planu so Gascow all planu 5 as a rule IO for blast furnace ga.s 50 for gases produced by the steel industry which can be wed elsewhere (1) A limit valije of 100 mg/Nm3 may be applied to plants with a rated thermal input of less than 500 MWth burning liquid fuel with an ash content of more than 0.06%. (') A limit value of 100 mg/Nm3 may be applied to plants licensed pursuant to Regulation 5(3) with a rated thermal input greatt:r than or equal to 500 MW th buringing soldi fuel with a heat content of less than 5800 k/ kg (net calorific value), a mosture content greater than 45% weight, a comibned moisture and ash content greater than 60% by weight and a calcium oxide content greater than 10%. B. Dust emission limit values express in mg/Nm3 to be applied by new plants, pursuant to Regulation 5(2) with the exception of gas turnines: Solid .fud.s ( 0 1 conran 6 %) 50 10 l 00. MWth 50 Liquid .fut!s (01 con!Dlt 3 %) SO to 100 MWtb 50 Gaseous fue1s (01 conrmt J %} As a rule For blast furnace gas For gases produced by the steel industry which can be wed elsewhere > 100 MWih 30 > 100 MWth 30 IO 30 B 5068 ANNEX VII METiiODS OF MEASUREMENT OF EMISSIONS A. Procedures for measuring and evaluating emissions from combustion plants. 1. Ulllil 27 N'1VQIU1a 2004 Concentrations of S02, dust NO, shall be measured continuously in the case of new plants for which a licenf=t! is granted pursuant to Regulation 5(1) with a rated thermal input of more than 300 MW, However, monitoring 0 ~ so and dust may be confined to discontinousus measuremnts or other appropraite determination procedures in dase; where such i neauremens ?r procedures, which must be verified and approved by the competent authorities, may be used to obtamconcentration. · In the case of new plants for which a licence is granted pursuant to Regulation 5(1) not covered by the ;first sub~aragraph, the comp~tent authroties may required ~ontinouus meausremnts of those three pollutants tp be earned out where cons~dered nec~ssary. Where contmuous measurements are not required, discontin*ous measuremnts or appropnate determmat10n procedures ns approved by the competent authorities shall be ~sed regularly to evalute the quantity of above-menionted substances present in the emissions. 2. From 27 November 2002 and without prejudice to Regulation 5( J) Competent authorities shall require continuous measurements of concentrations of S02, NO,, and dust lilom waste gases from each combustion plant with a rated thennal input of 100 MW or more. By way of derogation from the first subparagraph. continuous measurements may· not be required in ,the following cases: for combustion plantS with a life span o( less than IO 000 operational hours;• for S02 and dust from ~rural gas burning boilers or from gas nubines firing natural gas; for 502 from gas turbines or boilers firing oil with known sulphur content in cases where there IS, no dc:sulphurisation equipment; for S02 from biomass firing boilers if the operator can prove that the S02 emissions can under • no circumstances be higher than the prescribed emi.fsion limit values. Where continuous measurements a.re not required, discontinuous measurements shall be required at least e*ry six months. As an alternative, appropriate determination procedures, which must be verified and approved! by the competent authorities, may be used to evaluate the quantity of the above mentioned pollutants prcsen~ in the emissions. Such procedures shall use relevant CEN standards as soon as they are available. If CEN stand.zrds are not available ISO standards, national or international standards which will ensure the provision of daca1 of an equivalent scientific qua.liry shall apply. 3. In the case of plants which must comply with the desulphurisation rates fixed by Regulation 10( 4) and Annex I~. the requairements concerning S0 2 emission measurements established under paragraph 2 of this point shall apply. Moreover, the sulphur content of the fuel which is introduced into the combusiton plant facilities must be regutarly monitored. 4. The competent authorities shall be informed of substantial changes in the type of fuel used or in the mode of operation of the plant They shall decide whether the monitoring requirements laid down. in paragraph 2 ~re still adequate or require adaptation. 5. The continuous measurements carried out in compliance with paragraph 2 sha.ll include the relevant proc~ operation parameters of oxygen content, temperature. pr= and water vapour content 'nie continuqus measurement of the water vapour content of the exhaust gases shall not be necessary, provided that !he sampled exhaust gas is dried before the emissions are analysed. Representative measurements. i.e- sampling and analysis. of relevant pollutants and process parameters as ~ as reference measurement methods ro calibrate automated musumnent systems shall be carried out ! in accordance with CEN standards as soon as they are available. If CEN standards are nor available ISO standartis, national or international standards which will ensure the provision of data of an equivalent scientific q~ty shall 2pply. Continuous measuring systems shall be subject to control by means of parallel measurements with ~ reference methods at least every ye.u. B 5069 6. The values of the 9 5 % confidence intervals percentages of the emission limit values: of a single measured result shall not c:xcced the following Sulphur dioxide Nicrogen oxides Dust The validated hourly and daily average values shall be <L:termined from the measured valid hourly average values alter having subtracted the value of tbe confidence interval specified above. Ally day in which more than three hourly average values are invalid due to malfunction .or maintenance of the continuous measurement system shall be invalidated. If more than ten days over a year arc invalidated for such situations the comperent authority shall requin, the oper:ator 10 talc!! a,lt,qu.a.11! measures to improve the reliability of the continuous monitoring system. B. Determination of total annual emissions of combustion plants Umil and including 2003 the competent authorities shall obtain determination of the total annual emissions.of S02 and NO, from new combustion plants. When continuous monitoring is used, the operator of the combustion plant shall add up separately for each pollutant the mass of pollutant emitted each day, on the basis of the volumetric flow rates of waste gases. Where continuous monitoring is not in use, estimates of the total annual emissions shall be determined by fhc operator on the basis of paragraph A. I to the satisfaction of the competent authorities. MeJ?UlCLStates shall communicate to th!! Commission the total annual S02 and NO, emissions of new combustion plants at the same time as the communication required under paragraph C. 3 concerning the total annual emissions of existing pl.ants. ,Member States shall establish. starting in 2004 and for each subsequent year, an inventory of SO1. NO, and dust emissions from all combustion plants with a rated thcnnal input of 50 MW or more. The comperem authority shall obtain for each plant operated under the control of one operator al a given location the following data: the total annual emissions of 502, NO, and dust {as total suspended particles). the total annual amount of energy input, related to the net calorific value, broken down in terms of the llve categories of fuel: biomass, other solid fuels. liquid fuels, natural gas. other gases. A summary of the =ulu of this inventory that .sliPW3 the emissions from refineries sep.aratdy shall be communicated to the Commission every three years within twelve months from the end of the three-year period considered . The yearly plant-by-plant data shall be made available to the Comrnis.~ion upon request. The Commission shall make available to the Member St•tcs a summary of the comparison and evaluation of the nacionaJ inventories within twelve momhs at receipt ofthe national inventories. Commencing on I January 2008 Member Stares shall report annually 10 the Commissitin on those existing plants declared for eligibility under Article 4(4) along with the n:cord of the used and unused time allowed for the plants' remaining operational life. C. Determination of the total annual emissions of existing plants until and including 2003. l. Memher States shall establish, starting in 1990 and for each subsequent year until and including 200 3, a comp1c1i: cmi:niou inventory for cxi5ting plantS covering 502 and NO,: on a plant by plane basis for plants above 300 MWth and for refineries: on :an over.ill basis for other combustion plants to which this Directive: applies. 2. The methodology used for these inventories slull be consistent with that used to determine SO2 and NO, emissions from combustion plants in 1980. 3. The results of this inventory shall be communicated to the Comrni••ion in a conveniently aggregated form within nine months from the end of the year considered. The methodology used for establishing such emission inventories and the detailed base information shall be made available to the Commission at its requcsL