S.I. No. 566/2012 - European Union (Large Combustion Plants) Regulations 2012.

1. Minimum rate of desulphurisation for combustion plants referred to in Regulation 8(2).

Total rated thermal input (MW)

Minimum rate of desulphurisation

Plants which were granted a licence before 27 November 2002 or the operators of which had submitted a complete application for a licence before that date, provided that the plant was put into operation no later than 27 November 2003

Other plants

50-100

80%

92%

100-300

90%

92%

>300

96%(1)

96%

Note:(1) For combustion plants firing oil shale, the minimum rate of desulphurization is 95%

2. Minimum rate of desulphurization for combustion plants referred to in Regulation 8(3).

Total rated thermal input (MW)

Minimum rate of desulphurisaton

50-100

93%

100-300

93%

>300

97%

SCHEDULE 6

Compliance with rate of desulphurisation

The minimum rates of desulphurisation set out in Schedule 5 shall apply as a monthly average limit value.

SCHEDULE 7

Average emission limit values for multi-fuel firing combustion plants within a refinery

Average emission limit values (mg/Nm

3

) for SO

2

for multi-fuel firing combustion plants within a refinery, with the exception of gas turbines and gas engines, which use the distillation and conversion residues from the refining of crude oil for own consumption, alone or with other fuels

(

a

) for combustion plants which were granted a licence before 27 November 2002 or the operators of which had submitted a complete application for a licence before that date, provided that the plant was put into operation no later than 27 November 2003: 1,000 mg/Nm

3

;

(

b

) for other combustion plants: 600 mg/Nm

3

.

These emission limit values shall be calculated at a temperature of 273.15 K, a pressure of 101.3 kPa and after correction for the water vapour content of the waste gases and at a standardised O2 content of 6% for solid fuels and 3% for liquid and gaseous fuels.

GIVEN under my Official Seal,

21 December 2012.

PHIL HOGAN,

Minister for the Environment, Community and Local Government.

EXPLANATORY NOTE

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

These Regulations transpose Chapter III and Annex V of Directive 2010/75/EU on industrial emissions, revoking and replacing the Large Combustion Plant Regulations 2003 (

S.I. No. 644 of 2003

).

These Regulations apply to combustion plants, the total rated thermal input of which is equal to or greater than 50 MW, irrespective of the type of fuel used.

These Regulations set out special provisions for combustion plants in order to reduce acidification, ground-level ozone and particles by controlling emissions of sulphur dioxide (SO

2

) and nitrogen oxides (NOx) and dust (particulate matter (PM)) from large combustion plants in power stations and industrial installations running on solid, liquid or gaseous fuel.

Combustion plants must comply with emission limit values (ELVs), enforced by the Environmental Protection Agency (EPA), which set limits for each plant on the maximum concentration of a pollutant emitted by the plant. Maximum concentration standards (ELVs) are set for both new and existing plant and revised ELVs are to apply from 2016.

These Regulations allow for a Transitional National Plan (TNP) to be notified to the European Commission for consideration for approval. A TNP may be applied to older combustion plants (i.e those operational before November 2003) to cover the period January 2016 to June 2020. A TNP allows for collective compliance for older combustion plant by allowing included plants to pool their emissions to be assessed on an overall volume (rather than concentration) basis at the end of each year. This provides flexibility and additional time for operators of older combustion plant to comply with reduced ELVs. A TNP must provide for an appropriate balance between protection of the environment and cost-effective abatement solutions.

1 OJ L 334, 17.12.2010, p17

2 OJ L 309, 7.11.2001, p1

3 OJ L 24, 29.1.2008, p8

4 OJ L 52, 24.2.2012, p12

5 OJ L 123, 9.5.2012, p44

3. Where continuous measurements are not required, measurements of SO

2

, NOx, dust and, for gas fired plants, also of CO shall be required at least once every 6 months.

4. For combustion plants firing coal or lignite, the emissions of total mercury shall be measured at least once per year.

5. As an alternative to the measurements of SO

2

and NOx referred to in point 3, other procedures, verified and approved by the Agency, may be used to determine the SO

2

and NOx emissions. Such procedures shall use relevant CEN standards or, if CEN standards are not available, ISO, national or other international standards which ensure the provision of data of an equivalent scientific quality.

6. The operator shall inform the Agency of any significant changes in the type of fuel used or in the mode of operation of the plant and the Agency shall decide whether the monitoring requirements laid down in points 1 to 4 are still adequate or require adaptation.

7. The continuous measurements carried out in accordance with point 1 shall include the measurement of the oxygen content, temperature, pressure and water vapour content of the waste gases. The continuous measurement of the water vapour content of the waste gases shall not be necessary, provided that the sampled waste gas is dried before the emissions are analysed.

8. Sampling and analysis of relevant polluting substances and measurements of process parameters as well as the quality assurance of automated measuring systems and the reference measurement methods to calibrate those systems shall be carried out in accordance with CEN standards. If CEN standards are not available, ISO, national or other international standards which ensure the provision of data of an equivalent scientific quality shall apply.

The automated measuring systems shall be subject to control by means of parallel measurements with the reference methods at least once per year.

The operator shall inform the Agency about the results of the checking of the automated measuring systems.

9. At the emission limit value level, the values of the 95% confidence intervals of a single measured result shall not exceed the following percentages of the emission limit values

Carbon monoxide (CO)

10%

Sulphur dioxide (SO

2

)

20%

Nitrogen oxides (NOx)

20%

Dust (Particulate Matter (PM))

30%

10. The validated hourly and daily average values shall be determined from the measured valid hourly average values after having subtracted the value of the confidence interval specified in point 9.

Any day, in which more than three hourly average values are invalid due to malfunction or maintenance of the automated measuring system, shall be invalidated. If more than 10 days over a year are invalidated for such situations, the Agency shall require the operator to take adequate measures to improve the reliability of the automated measuring system.

11. In the case of plants which must comply with the rates of desulphurisation referred to in Regulation 9, the sulphur content of the fuel which is fired in the combustion plant shall also be regularly monitored. The competent authorities shall be informed of substantial changes in the type of fuel used.

SCHEDULE 4

Assessment of compliance with emission limit values

12. (1) Until 31 December 2019, combustion plants being, on 6 January 2011, part of a small isolated system may be exempted from compliance with the emission limit values referred to in Regulation 8(2) and the rates of desulphurisation referred to in Regulation 9, where applicable.

(2) Until 31 December 2019, the emission limit values set out in the licences of combustion plants under paragraph 1, pursuant in particular to the requirements of Directives 2001/80/EC and 2008/1/EC, shall at least be maintained.

(3) Combustion plants with a total rated thermal input of more than 500 MW firing solid fuels, which were granted the first licence after 1 July 1987, shall comply with the emission limit values for nitrogen oxides set out in Schedule 1.

District heating plants

13. (1) Until 31 December 2022, a combustion plant may be exempted from compliance with the emission limit values referred to in Regulation 8(2) and the rates of desulphurisation referred to in Regulation 9 provided that the following conditions are fulfilled—

(

a

) the total rated thermal input of the combustion plant does not exceed 200 MW,

(

b

) the plant was first granted a licence before 27November 2002 or the operator of that plant had submitted a complete application for a licence before that date, provided that it was put into operation no later than 27 November 2003,

(

c

) at least 50% of the useful heat production of the plant, as a rolling average over a period of 5 years, is delivered in the form of steam or hot water to a public network for district heating, and

(

d

) the emission limit values for sulphur dioxide, nitrogen oxides and dust set out in its licence applicable on 31 December 2015, pursuant in particular to the requirements of Directives 2001/80/EC and2008/1/EC, are at least maintained until 31 December 2022.

Geological storage of carbon dioxide

14. (1) The Agency shall ensure that operators of all combustion plants with a rated electrical output of 300MW or more and for which permission is granted after 25 June 2011 have assessed whether the following conditions are met—

(

a

) suitable storage sites are available,

(

b

) transport facilities are technically and economically feasible, and

(

c

) it is technically and economically feasible to retrofit for carbon dioxide capture,

having regard to the European Communities (Geological Storage of Carbon Dioxide) Regulations 2011 (

S.I. No. 575 of 2011

).

(2) If the conditions laid down in paragraph 1 are met, the Agency shall ensure that suitable space is set aside on the installation site for the equipment necessary to capture and compress carbon dioxide is set aside.

(3) The Agency shall determine whether the conditions are met on the basis of the assessment referred to in paragraph 1 and other available information, particularly concerning the protection of the environment and human health.

Malfunction or breakdown of the abatement equipment

15. (1) The Agency shall ensure that provision is made in licences for procedures relating to malfunction or breakdown of abatement equipment.

(2) The operator shall notify the Agency within 48 hours after the malfunction or breakdown of abatement equipment.

(3) In the case of a breakdown, the Agency shall require the operator to reduce or close down operations if a return to normal operation is not achieved within 24 hours, or to operate the plant using low polluting fuels.

(4) The cumulative duration of unabated operation shall not exceed 120 hours in any 12-month period.

(5) The Agency may grant a derogation from the time limits set out in paragraphs 3 and 4 in one of the following cases—

(

a

) there is an overriding need to maintain energy supplies; or

(

b

) the combustion plant with the breakdown would be replaced for a limited period by another plant which would cause an overall increase in emissions.

Monitoring of emissions into air

16. (1) The Agency shall ensure that the monitoring of air polluting substances is carried out in accordance with Schedule 3.

(2) The installation and functioning of the automated monitoring equipment shall be subject to control and to annual surveillance tests as set out in Schedule 3.

(3) The Agency shall determine the location of the sampling or measurement points to be used for the monitoring of emissions.

(4) All monitoring results shall be recorded, processed and presented in such a way as to enable the Agency to verify compliance with the operating conditions and emission limit values which are included in the licence.

Compliance with emission limit values

17. The emission limit values for air shall be regarded as being complied with if the conditions set out in Schedule 4 are fulfilled.

Multi-fuel firing combustion plants

18. (1) In the case of a multi-fuel firing combustion plant involving the simultaneous use of two or more fuels, the Agency shall set the emission limit values in accordance with the following steps—

(

a

) taking the emission limit value relevant for each individual fuel and pollutant corresponding to the total rated thermal input of the entire combustion plant as set out in Schedules 1 and 2,

(

b

) determining fuel-weighted emission limit values, which are obtained by multiplying the individual emission limit value referred to in paragraph 1(

a

) by the thermal input delivered by each fuel, and dividing the product of multiplication by the sum of the thermal inputs delivered by all fuels, and

(

c

) aggregating the fuel-weighted emission limit values.

(2) In the case of multi-fuel firing combustion plants covered by Regulation 8(2), which use the distillation and conversion residues from the refining of crude-oil for own consumption, alone or with other fuels, the following emission limit values may be applied instead of the emission limit values set according to paragraph 1—

(

a

) where, during the operation of the combustion plant, the proportion contributed by the determinative fuel to the sum of the thermal inputs delivered by all fuels is 50% or more, the emission limit value set in Schedule 1 for the determinative fuel,

(

b

) where the proportion contributed by the determinative fuel to the sum of the thermal inputs delivered by all fuels is less than 50%, the emission limit value determined in accordance with the following steps,

(i) taking the emission limit values set out in Schedule 1 for each of the fuels used, corresponding to the total rated thermal input of the combustion plant,

(ii) calculating the emission limit value of the determinative fuel by multiplying the emission limit value, determined for that fuel according to point (i), by a factor of two, and subtracting from this product the emission limit value of the fuel used with the lowest emission limit value as set out in Schedule 1, corresponding to the total rated thermal input of the combustion plant,

(iii) determining the fuel-weighted emission limit value for each fuel used by multiplying the emission limit value determined under points (i) and (ii) by the thermal input of the fuel concerned and by dividing the product of this multiplication by the sum of the thermal inputs delivered by all fuels, and

(iv) aggregating the fuel-weighted emission limit values determined under point (iii).

(3) In the case of multi-fuel firing combustion plants covered by Regulation 8(2), which use the distillation and conversion residues from the refining of crude-oil for own consumption, alone or with other fuels, the average emission limit values for sulphur dioxide set out in Schedule 7 may be applied instead of the emission limit values set according to paragraphs 1 or 2.

Reporting

19. (1) For each combustion plant the Agency shall, from 1 January 2016, establish an annual inventory of the sulphur dioxide, nitrogen oxides and dust emissions and energy input.

(2) The annual inventory shall include the following data for each combustion plant, taking into account the aggregation rules set out in Regulation 7—

(

a

) the total rated thermal input (MW) of the combustion plant,

(

b

) the type of combustion plant: boiler, gas turbine, gas engine, diesel engine, other (specifying the type),

(

c

) the date of the start of operation of the combustion plant,

(

d

) the total annual emissions (tonnes per year) of sulphur dioxide, nitrogen oxides and dust (as total suspended particles),

(

e

) the number of operating hours of the combustion plant, and

(

f

) the total annual amount of energy input, related to the net calorific value (TJ per year), broken down in terms of the following categories of fuel: coal, lignite, biomass, peat, other solid fuels (specifying the type), liquid fuels, natural gas, other gases (specifying the type).

(3) The annual plant-by-plant data contained in inventories shall be made available to the Minister or the Commission upon request.

(4) In the case of combustion plants included in a transitional national plan under Regulation 10, the Agency shall report, by 1 January 2017 and each year thereafter for the duration of the transitional national plan, annual plant-by-plant data contained in inventories to the Minister and the Commission.

(5) The Agency shall make available to the Minister and the Commission a summary of the inventories every 3 years within 12 months from the end of the three-year period considered. This summary shall show separately the data for combustion plants within refineries.

(6) The Agency shall, from 1 January 2016, report the following data annually to the Minister and the Commission—

(

a

) for combustion plants to which Regulation 9 applies, the sulphur content of the indigenous solid fuel used and the rate of desulphurisation achieved, averaged over each month. For the first year where Regulation 9 is applied, the technical justification of the non-feasibility of complying with the emission limit values referred to in Regulation8(2) and8(3) shall also be reported, and

(

b

) for combustion plants which do not operate more than 1,500 operating hours per year as a rolling average over a period of 5 years, the number of operating hours per year.

Revocations

20. The following are revoked

(

a

) Large Combustion Plants Regulations 2003 (

S.I. No. 644 of 2003

), and

(

b

) Large Combustion Plants Regulations 2010 (

S.I. No. 371 of 2010

).

SCHEDULE 1

Emission limit values for combustion plants referred to in Regulation 8(2)

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

1

st January

, 2013.

I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by

section 3

of the

European Communities Act, 1972

(No. 27 of 1972) and for the purpose of giving effect to Chapter III and Annex V and giving further effect to Chapters I and VII of Directive 2010/75/EU of the European Parliament and the Council of 24 November 2010

1

, hereby make the following Regulations

Citation