S.I. No. 543/2002 - Emissions of Volatile Organic Compounds From Organic Solvents Regulations 2002

1. Introduction

This Schedule provides guidance on carrying out a solvent management plan. It identifies the principles to be applied (item 2) and provides a framework for the mass balance (item 3) and an indication of the requirements for verification of compliance (item 4).

2. Principles

The solvent management plan serves the following purposes:—

(i) verification of compliance as specified in article 20(2) of the Regulations;

(ii) identification of future reduction options; and

(iii) enabling of the provision of information on solvent consumption, solvent emissions and compliance with the Directive to the public.

3. Definitions

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

Inputs of organic solvents (I): —

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

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

Outputs of organic solvents (O): —

O1 Emissions in waste gases.

O2 Organic solvents lost in water, if appropriate taking into account waste water treatment when calculating O5.

O3 The quantity of organic solvents which remains as contamination or residue in products output from the process.

O4 Uncaptured emissions of organic solvents to air. This includes the general ventilation of rooms, where air released to the outside environment via windows, doors. vents and similar openings.

O5 Organic solvents and/or organic compounds lost due to chemical or physical reactions (including for example those which are destroyed, e.g. by incineration or other waste gas or waste water treatments, or captured. e.g. by adsorption. as long as they are not counted under O6, O7 or O8).

O6 Organic solvents contained in collected waste.

O7 Organic solvents, or organic solvents contained in preparation, which are sold or are intended to be sold as a commercially valuable product.

O8 Organic solvents contained in preparations recovered for reuse but not as input into the process, as long as not counted under O7.

O9 Organic solvents released in other ways.

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

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

(ii) Verification of compliance with the reduction option in Schedule 3, with a total emission limit value expressed in solvent emissions per unit product, or otherwise stated in Schedule 2.

(a) For all activities used Schedule 3 the solvent management plan should be done annually to determine consumption (C). Consumption can be calculated according to the following equation

C = I1 − O8

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

(b) For assessing compliance with a total emission limit value expressed in solvent emissions per unit product or otherwise stated in Schedule 2 the solvent management plan should be done annually to determine emissions (E). Emissions can be calculated according to the following equation

E = F + O1

where F is the fugitive emission as defined in section (ii)(a). The emission figure should then be divided by the relevant product parameter.

(c) For assessing compliance with the requirements of Article 14(b), the solvent management plan should be done annually to determine total emissions from all activities concerned, and that figure should then be compared with the total emissions that would have resulted had the requirements of Schedules 2 and 3 been met for each activity separately.

(iii) Determination of fugitive emissions for comparison with fugitive emission values in Schedule 2: —

(a) Methodology

The fugitive emission can be calculated according to the following equation

F = I1 − O1 − O5 − O6 − O7 − O8

or

F = O2 + O3 + O4 + O9

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

The fugitive emission value is expressed as a proportion of the input which can be calculated according to the following equation: —

I = I1 + I2

(b) Frequency

Determination of fugitive emissions can be done by a short but comprehensive set of measurements. It need not be done again until the equipment is modified.

Given under the Official Seal of the Minister for the Environment

and Local Government this 28

th

day of November 2002

Martin Cullen

________________________________________

Minister for the Environment and Local Government

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation)

These Regulations transposc Directive 1999/13/EC on the limitation of emissions of volatile organic compounds (VOCs) due to the use of organic solvents in certain activities and installations.

The Regulations apply to 20 sectoral activities in Schedule 1 where they are operated in installations above the solvent consumption thresholds specified in Schedule 2. The competent bodies for enforcement of the Regulations are the Environmental Protection Agency, where activities are licensable under the Integrated Pollution Control (IPC) system and the local authorities.

For installations licensable under the IPC system, controls are exercised as part of the licensing arrangements for such installations. Those installations within the local authority ambit must register with the relevant local authority. All installations must comply with the provisions of the Regulations either by way of “end of pipe” abatement equipment in the form of emission limit values (ELVs) or by utilising reduction schemes. Certain substances or preparations containing VOCs classified as carcinogenic, mutagenic or toxic (Risk Phrases R45, R46, R49, R60, R61) must be replaced as far as possible by less harmful substances or preparations.

Compliance with the provisions of the Regulations, in the case of installations not subject to IPC licensing, must be demonstrated to local authorities by operators of installations on the basis of reports from accredited inspection contractors. These are to be accredited by the National Accreditation Board. Compliance is certified by the local authority and certification must be obtained annually.

New installations, defined as those installations put into operation on or after 1 July 2003 which are not subject to IPC licensing must be registered with the relevant local authority and have obtained a certificate of compliance before commencing operation. However, the operative compliance dates for new installations using certain reduction scheme options are 31 October 2003 and 31 October 2004 as appropriate.

Existing installations, defined as those installations in operation on or before 30 June 2003 which are not subject to IPC licensing must be registered with the relevant local authority no later than 31 October 2005 where using a reduction scheme, or no later than 31 October 2007 where using ELVs. to comply. Compliance in all cases is required by no later than 31 October 2007 subject to an interim date of 31 October 2005 in the case of certain reduction scheme options.

In addition, abatement equipment operated in existing installations which complies with certain specified ELVs is exempt from more stringent ELV requirements until 1 April 2013.

Local authorities may exempt installations from compliance with certain ELVs. in certain specified circumstances where. inter alia, the operator demonstrates that there is no significant risk to human health or the environment and the best available technique is being used at the installation.

1

O.J. No. L85/1 of 29.3.99

2

O.J. 196. 16.8.67 p. 1 Directive as last amended by Commission Directive 98/98/EC (O.J. L 355 30.12.1998. p.l)

3

O.J. L 42. 23.2.1970. P.1 Directive as last amended by Directive 2000/40/EC (O.J. L 203, 10.8.2000. P.9)

5. Detail the type or types of organic solvent used or to proposed to be used in the activity or activities

6. State the estimated quantity of each type of organic solvent consumed or proposed to be consumed annually in each activity

7. Will abatement equipment be used or is it used currently? If so, briefly describe

8. Are you employing, or do you propose to employ, a solvent reduction scheme under article 7(1)(a)? If so, detail briefly any reduction targets to be achieved

I am applying to register the above named installation under article 5/article 6 (delete as appropriate) of S.I. No. 543 of 2002.

Signature............................................................ .............

Date........................................

SCHEDULE 5

Emissions of Volatile Organic Compounds from Organic Solvents Regulations 2002 (S.I. No. 543 of 2002)

CERTIFICATE OF COMPLIANCE

In accordance with article 26 of the Emissions of Volatile Organic Compounds from Organic Solvents Regulations 2002 (S.I. No. 543 Of 2002) (

insert name of competent authority

hereby certifies that, subject to the conditions and recommendations (if any) stated below

.........................(

insert name and address of installation

) complies with the requirements of the Regulations.

The next application for annual certification of compliance under the Regulations is required no later than one year after the date of this certificate.

Conditions and Recommendations for Compliance

Stamp of competent authority to be affixed here

Signature of authorised person

Date

SCHEDULE 6

SOLVENT MANAGEMENT PLAN

The Minister of the Environment and Local Government in exercise of the powers conferred on him by

sections 10

,

22

,

23

and

51

of the

Air Pollution Act 1987

(No. 6 of 1987) and by

sections 6

and

53

of the

Environmental Protection Agency Act 1992

(

No. 7 of 1992

) and for the purpose of giving effect to Council Directive 1999/13/EC on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations

1

hereby makes the following Regulations: —

Citation

1 These Regulations may be cited as Emissions of Volatile Organic Compounds from Organic Solvents Regulations 2002.

Entry into Force

2 These Regulations shall come into operation on the 30th day of November 2002.

Definitions

3 (1) In these Regulations: —

“the 1992 Act” means the

Environmental Protection Agency Act 1992

(No. 7 of 1992);

“activity” means an activity falling within the scope of Schedule 1 where the activity is operated above the specified solvent consumption thresholds set out in column 3 of Schedule 2;

“the Agency” means the Environmental Protection Agency established under

section 19

of the

Environmental Protection Agency Act 1992

(No. 7 of 1992)

“the Board” means the National Accreditation Board established for the purposes of the

Industrial Development Act 1993

(No. 19 of 1993)

“the Commission” means the Commission of the European Communities

“competent authority” means: —

(a) with regard to activities other than activities licensable under Part IV of the 1992 Act, a county council or city council in whose functional area an installation is located; or

(b) with regard to activities licensable under Part IV of the 1992 Act, and subject to article 4(2) of these Regulations, the Agency;

(c) “the Directive” means Council Directive 1999/13/EC on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations;

“existing installation” means an installation in operation on or before 30 June 2003;

“new installation” means an installation which is put into operation on or after 1 July 2003;

(2) In these Regulations: —

(a) any reference to an article or sub-article which is not otherwise identified is a reference to an article or sub-article of these Regulations;

(b) any reference to a Schedule which is not otherwise identified is a reference to a Schedule of these Regulations; and

(c) a letter, word, phrase or symbol which has been assigned a meaning by the Directive, or is used in the Directive, has that meaning where the context requires except where otherwise indicated.

Scope

4 (1) These Regulations provide measures and procedures to be implemented for certain activities set out in Schedule 1, insofar as they are operated above the specified solvent consumption thresholds set out in column 3 of Schedule 2, in order to prevent or reduce the direct and indirect effects of emissions of VOCs into the environment, mainly into air, and the potential risks to human health.

(2) Where an installation is licensable under Part IV of the 1992 Act, the requirements of articles 1 to 4, 7 to 21, 23, 27, 28 and 30 and Schedules 1, 2, 3 and 6 shall apply and articles 5, 6, 22, 24 to 26 and 29 and Schedules 4 and 5 shall not apply.

New Installations

5 (1) A new installation shall be registered by the operator with the competent authority in the form specified in Schedule 4 before commencement of operation and shall, subject to sub-article (2), not commence to operate, or continue in operation, without a certificate of compliance issued by the competent authority in accordance with article 26.

(2) Where a new installation intends operating in accordance with article 7 (1)(a) the provisions of sub-article (1) shall take account of the requirements and time periods in Schedule 3, paragraph 2, as appropriate.

Existing Installations