172 tal-2010 - Regolamenti tal-2010 dwar l-Impjanti Kbar tal-Kombustjoni

L.N. 172 of 2010

ENVIRONMENT PROTECTION ACT

(CAP. 435)

Large Combustion Plants Regulations, 2010.

BY virtue of the powers conferred by articles 9, 10(2) and 11

of the Environment Protection Act, the Prime Minister has made

the following regulations:-

(1) The title of these regulations is the Large

Combustion Plants Regulations, 2010.

(2) These regulations transpose Directive 2001/80/EC

of the European Parliament and of the Council of 23 October 2001

on the limitation of emissions of certain pollutants into the air from

large combustion plants.

(3) These regulations apply to combustion plants

designed for production of energy with the exception of those

which make direct use of the products of combustion in the

manufacturing process, if their rated thermal input is equal to or

greater than 50 MWTH, irrespective of the type of fuel used

(solid, liquid or gaseous). These regulations shall not apply to the

following combustion plants:-

(a) plants in which the products of combustion are

used for the direct heat, 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;

(j) gas turbines for which development planning

permission was issued before 27 November 2002 provided

that they were put into operation no later than 27 November

2003 without prejudice to regulations 9(1), 14 and 17 thereof;

(k) plants powered by diesel engines irrespective of

the fuel used or petrol and gas engines.

EMISSION LIMIT VALUES FOR SOLID FUELS

Emission limit values expressed in mg.Nm -3 (at an oxygen content of 6%) to be

applied by ‘new’ and ‘existing’ plants pursuant to Regulation 3(1) and Regulation

4(1)

A. Emission Limit values for SO 2

Rated Thermal Input (P TH )

Emission Limit Value (ELV)

2000 Mg SO 2 .Nm -3

50MW TH ! P TH ! 100 MW TH

calculated using the equation: ELV(mg SO 2 .Nm -3 ) = -4P TH + 2400

100MW TH < P TH ! 500MW TH

400mg SO 2 .Nm -3 .

P TH > 500MW TH

See figure 1 below

Figure 1: Emission Limit Values for SO 2 at 6% O 2 .

B. Emission limit values for NO X measured as NO 2 .

Rated Thermal Input (P TH )

Emission Limit Value (ELV)

Emission Limit Value (ELV)

as from 01 January 2016

600 mg NO 2 .Nm -3

600 mg NO 2 .Nm -3

50MW TH ! P TH ! 100 MW TH

500 mg NO 2 .Nm -3

200 mg NO 2 .Nm -3

P TH > 500MW TH

B

C. Emission limit values for dust.

Rated Thermal Input (P TH )

Emission Limit Value (ELV)

100 mg dust .Nm -3

P TH < 500 MW TH

50 mg dust .Nm -3 ( 1 )

P TH " 500 MW TH

-3

A limit value of 100 mg dust.Nm may be applied to plants permitted pursuant to Regulation 4(1) with a rated

thermal input greater or equal to 500 MW TH burning solid fuel with a heat content less than 5800 kJ.kg -1 (net heat

value), a moisture content greater than 45% by weight, a combined moisture and ash content greater than 60% and

a calcium oxide content greater than 10%.

B

For the purpose of these regulations and unless the

context otherwise requires:-

“biomass” means products consisting of any whole or

part of 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 fuel

(a)

vegetable waste from agriculture and

industry;

(b) vegetable waste from the food processing

industry, if the heat generated is recovered;

(c) fibrous vegetable waste from virgin pulp

production and from the production of paper from pulp,

if it is co-incinerated at the place of production and the

heat generated is recovered;

(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 or coating, and which includes in particular

such wood waste originating from construction and

demolition waste;

“combustion unit” means any plant in which fuel is

oxidised in order to use the heat thus generated;

“competent authority” means the Malta Environment

and Planning Authority;

“director” means the Director of the Environment

Protection Directorate of the Malta Environment and Planning

Authority and includes any person or body of persons acting

on his behalf or under his authority;

“emission” the discharge of substances from the

combustion plant to air;

“emission limit value” means the permissible mass

concentration of an air pollutant in the waste gas discharged

by the “emission

combustion limit

plant expressed

in mg.Nm-3

or ng.Nm-3 mass

value” means

the permissible

as the concentration

case may be. The

of an mass

concentration

in the measured

waste gas in discharged

the

air pollutant

waste gas shall be expressed at standard conditions according

-3

by

the

combustion

plant

expressed

in

mg.Nm

or

ng.Nm

to the following

equation

the case may

be, The mass concentration measured in the

waste gas shall be expressed at standard conditions

according to the following equation

Where

[P] s is the mass concentration of the pollutant at standard

Where

conditions

[P]s

is the

the mass

mass concentration

concentration of of the

the pollutant

pollutant measured

at

[P]

M is

standard conditions.

at

the

temperature

T

in

K,

at

a

Pressure

P

in

kPa,

percentage flue gas water vapour content of W and at a flue

[P]M is content

the mass

of O concentration

of the pollutant

gas oxygen

M .

measured at the temperature T in K, at a Pressure P in

kPa, T at is a the

percentage

flue gas

gas temperature

water vapour

content of W

actual flue

in K.

and at a flue gas oxygen content of O M .

P is the actual flue gas pressure in kPa.

T is the actual flue gas temperature in K.

W is the percentage water vapour content of the flue gas.

O P S is is the

the actual

flue gas

pressure

in kPa.

standard

oxygen

content

content by volume in

the waste gas which shall be 3% in the case of liquid and

W is fuels,

the percentage

water of vapour

content

and of

the in the

gaseous

6% in the case

solid fuels

15%

flue

case gas.

of gas turbines.

O OS

M is is the

the measured

standard oxygen

oxygen

content

content

by

content

in the

flue gas;

volume in the waste gas which shall be 3% in the case

of “existing

liquid and

gaseous fuels,

6% means

in the one

case or of more

solid combustion

fuels

combustion

plant”

and

15% for

in the

case of

gas turbines. planning permission was

units

which

development

granted before 1 July 1987. Two or more combustion units

shall be considered as a single combustion plant if their

waste gases are de facto discharged through a common stack;

“flue” means a compartment or division of a stack for

conveying waste gases from the combustion plant to the

outer air;

“fuel” means any solid, liquid or gaseous combustible

O M is the measured oxygen content in the flue gas;

“existing combustion plant” means one or more

combustion units for which development planning permission

was granted before 1 July 1987. Two or more combustion

units shall be considered as a single combustion plant if their

waste gases are de facto discharged through a common stack;

“flue” means a compartment or division of a stack for

conveying waste gases from the combustion plant to the outer

air;

“fuel” means any solid, liquid or gaseous combustible

material used to fire the combustion unit with the exception

of waste covered by Waste Management (Incineration)

Regulations, 2001 or any subsequent regulations substituting

those regulations;

“gas turbine plant” means any plant made up of

a 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;

“multi-fuel firing combustion plant” means any

combustion plant which may be fired simultaneously or

alternately by two or more types of fuel;

“new combustion plant” means one or more combustion

units for which development planning permission was granted

on or after 1 July 1987. Two or more combustion units shall

be considered as a single combustion plant if their waste gases

are de facto discharged through a common stack or if taking

technical and economic factors into account, their waste

gases could in the judgement of the competent authority be

discharged through a common stack;

“operator” means any natural or legal person who

operates the combustion plant, or who has been delegated

decisive economic power over it;

“permit” means the permit issued under regulation

4 of the the Integrated Pollution Prevention and Control

Regulations, 2002 ;

“pollutant” means a substance which has been directly

or indirectly introduced into the atmosphere as a resulting

of anthropogenic activity and which has deleterious effects

of such a nature as to endanger human health, harm living

resources, ecosystems and material property, and impair

amenities or interfere with other legitimate uses of the

Environment;

“stack or chimney” means the structure rising above roof

level and which provides a conduit for waste gases from the

combustion plant and which may embody one or more flues;

“rated thermal input” means the rate at which fuel can be

burned at the maximum continuous rating of the combustion

plant multiplied by the net heat value of the fuel expressed as

megawatts thermal (MWTH);

“waste gas” means the carrier gas together with any

solid, liquid or gaseous emissions which are discharged with

it; the waste gas volume flow rate shall be expressed in metres

cubed per hour at standard conditions, i.e. at a temperature of

273K and at a pressure of 101.3 kPa, after correction for the

water vapour content, and hereinafter referred to as normal

metre cubed per hour or Nm3.hr-1.

EMISSION LIMIT VALUES FOR SOLID FUELS

Emission limit values expressed in mg.Nm -3 (at an oxygen content of 6%) to be

applied by ‘new’ plants pursuant to regulations 3(2)

A. Emission Limit values for SO 2 .

Type of Fuel

50 MW TH ! P TH ! 100

100 MW TH < P TH ! 300

P TH > 300 MW TH

MW TH

MW TH

200 mg SO 2 .Nm -3

200 mg SO 2 .Nm -3

200 mg SO 2 .Nm -3

Biomass

850 mg SO 2 .Nm -3

200 mg SO 2 .Nm -3

200 mg SO 2 .Nm -3

General case

B. Emission Limit values for NO X .

Type of Fuel

50 MW TH ! P TH ! 100

100 MW TH < P TH ! 300

P TH > 300 MW TH

MW TH

MW TH

400 mg NO 2 .Nm -3

300 mg NO 2 .Nm -3

200 mg NO 2 .Nm -3

Biomass

400 mg NO 2 .Nm -3

200 mg NO 2 .Nm -3

200 mg NO 2 .Nm -3

General case

Where P TH is the rated thermal input of the combustion plant in MW TH .

C. Emission Limit values for dust.

Rated Thermal Input (P TH )

Emission Limit Value (ELV)

50 mg dust .Nm -3

50 " P TH ! 100 MW TH

30 mg dust .Nm -3 ( 1 )

P TH > 100 MW TH

B

(1) Permits for ‘new’ combustion plants which have

been granted development planning consent before 27 November

2002 provided that they are in operation no later than 27 November

2003, shall include conditions relating to compliance with the

emission limit values which shall not be higher than those in:-

(a)

Schedule I for plants firing solid fuels;

(b)

Schedule III for plants firing liquid fuels;

and

(c)

Schedule V for plants firing gaseous fuels;

(2) Permits for ‘new’ combustion plants not covered

by sub-regulation (1) of these regulations shall include conditions

relating to compliance with the emission limit values which shall

not be higher than those in:-

(a)

Schedule II for plants firing solid fuels;

(b)

Schedule IV for plants firing liquid fuels;

and

(c)

Schedule VI for plants firing gaseous fuels.

EMISSION LIMIT VALUES FOR LIQUID FUELS

Emission limit values expressed in mg.Nm -3 (at an oxygen content of 3%) to be

applied by ‘new’ and ‘existing’ plants pursuant to Regulation 3(1) and Regulation

4(1).

A. Emission Limit values for SO 2

Rated Thermal Input (P TH )

Emission Limit Value (ELV)

1700 Mg SO 2 .Nm -3

50MW TH ! P TH ! 300 MW TH

calculated using the equation: ELV(mg SO 2 .Nm -3 ) = -6.5P TH + 3650

300MW TH < P TH ! 500MW TH

400mg SO 2 .Nm -3 .

P TH > 500MW TH

See figure 2 below

Figure 2: Emission Limit Values for SO 2 at 3% O 2 .

B. Emission limit values for NO X measured as NO 2 .

Rated Thermal Input (P TH )

Emission Limit Value (ELV)

450 mg NO 2 .Nm -3

50MW TH ! P TH ! 500 MW TH

400 mg NO 2 .Nm -3

P TH > 500MW TH

C. Emission limit values for dust.

Rated Thermal Input (P TH )

Emission Limit Value (ELV)

50 mg dust .Nm -3

ALL plants

B

(1) Permits for ‘existing’ plants shall include conditions

relating to compliance with the emission limit values which shall

not be higher than those in:-

(a)

Schedule I for plants firing solid fuels;

(b)

Schedule III for plants firing liquid fuels;

and

(c)

Schedule V for plants firing gaseous fuels;

(2) By way of derogation from sub-regulation

(1), ‘existing’ combustion plants may be exempted from

compliance with the above mentioned requirements if

the operator has submitted by 30 June 2004 a written

declaration to the competent authority stating that the

plants in question will not be operated for more than

20000 operational hours starting on the 1 January 2008

and ending no later than 31 December 2015.

(3) The operators of ‘existing’ combustion plants

covered by the exemption in sub-regulation (2) of this

regulation are required to submit to the competent

authority a record of the used and unused time allowed

for the plants’ operational life. In calculating the

operational time used by the ‘existing’ combustion plant

the operator shall consider the combustion plant to be

operating when any part of it operates, irrespective of

the load factor.

EMISSION LIMIT VALUES FOR LIQUID FUELS

Emission limit values expressed in mg.Nm -3 (at an oxygen content of 3%) to be

applied by ‘new’ and ‘existing’ plants pursuant to Regulation 3(2).

A. Emission Limit values for SO 2 .

Rated Thermal Input (P TH )

Emission Limit Value (ELV)

850 mg SO 2 .Nm -3

50MW TH ! P TH ! 100 MW TH

calculated using the equation: ELV(mg SO 2 .Nm -3 ) = -P TH + 500

100MW TH < P TH ! 300MW TH

200mg SO 2 .Nm -3 .

P TH > 300MW TH

B. Emission Limit values for NO X .

Rated Thermal Input (P TH )

Emission Limit Value (ELV)

400mg NO 2 .Nm -3 .

50MW TH ! P TH ! 100 MW TH

200mg NO 2 .Nm -3 .

100MW TH < P TH ! 300MW TH

200mg NO 2 .Nm -3 .

P TH > 300MW TH

C. Emission Limit values for dust.

Rated Thermal Input (P TH )

Emission Limit Value (ELV)

50 mg dust .Nm -3

50 " P TH ! 100 MW TH

30 mg dust .Nm -3 ( 1 )

P TH > 100 MW TH

Where P TH is the rated thermal input of the combustion plant in MW TH .

B

Permits for gas turbines within the scope of this

regulation, shall include conditions relating to compliance with

the emission limit values which shall not be higher than those in

Schedule VII.

EMISSION LIMIT VALUES FOR GASEOUS FUELS

Emission limit values expressed in mg.Nm -3 (at an oxygen content of 3%) to be

applied by ‘new’ plants pursuant to Regulation 3(1) and Regulation 4(1).

A. Emission Limit values for SO 2 .

Type of Fuel

Emission Limit Value (ELV)

35 mg SO 2 .Nm -3

Gaseous fuels in general

5 mg SO 2 .Nm -3

Liquefied gas

800 mg SO 2 .Nm -3

Low calorific gases from gasification of refinery

residues, coke oven gas, blast furnace gas

35 mg SO 2 .Nm -3

Gas from the gasification of coal

B. Emission Limit values for NO X .

Rated Thermal Input (P TH )

Emission Limit Value (ELV)

300 mg NO 2 .Nm -3

50 MW TH ! P TH ! 500 MW TH

200 mg NO 2 .Nm -3

P TH > 500 MW TH

C. Emission Limit values for dust.

Type of Fuel

Emission Limit Value (ELV)

5 mg dust .Nm -3

As a rule

10 mg dust .Nm -3

For blast furnace gas

50 mg dust .Nm -3

For gases produced by the steel industry which

can be used elsewhere

B

The competent authority may impose limit values

stricter than those in regulations 3, 4, and 5 or impose emission

limit values on plants exempt from this requirement through sub-

regulation (2) of regulation 4 in order to ensure compliance with:-

(a) the Ambient Air Quality Assessment and

Management Regulations, 2001 and any subsequent

regulations dealing with the ambient levels of atmospheric

pollutants;

(b) any additional requirements arising out of the

Integrated Pollution Prevention and Control Regulations,

2002 particularly the requirement to use the best available

techniques;

and

(c) any other regulations issued under the Environment

Protection Act and deemed relevant by the competent

authority.

EMISSION LIMIT VALUES FOR GASEOUS FUELS

Emission limit values expressed in mg.Nm -3 (at an oxygen content of 3%) to be

applied by ‘new’ plants pursuant to Regulation 3(2).

A. Emission Limit values for SO 2 .

Type of Fuel

Emission Limit Value (ELV)

35 mg SO 2 .Nm -3

Gaseous fuels in general

5 mg SO 2 .Nm -3

Liquefied gas

400 mg SO 2 .Nm -3

Low calorific gases from coke oven

200 mg SO 2 .Nm -3

Low caloric gases from blast furnaces

B. Emission Limit values for NO X .

Type of Fuel

50 MW TH ! P TH ! 300 MW TH

P TH > 300 MW TH

150 mg NO 2 .Nm -3

100 mg NO 2 .Nm -3

Natural

gas

(naturally

occurring methane with no

more than 20% by volume of

inerts and other constituents).

200 mg NO 2 .Nm -3

200 mg NO 2 .Nm -3

Other gases

Where P TH is the rated thermal input of the combustion plant in MW TH .

C. Emission Limit values for dust.

Type of Fuel

Emission Limit Value (ELV)

5 mg dust .Nm -3

As a rule

10 mg dust .Nm -3

For blast furnace gas

30 mg dust .Nm -3

For gases produced by the steel industry which

can be used elsewhere

B

Schedule VII

EMISSION LIMIT VALUES FOR GAS TURBINES

Emission limit values are expressed in mg.m -3 (at an oxygen content of 15%) to be

applied by a single gas turbine unit pursuant to regulation. The limit values apply

only above 70% of the load.

Fuels

Emission Limit Value (ELV)

50 mg NO 2 .Nm -3 ( 1 ).

Natural gas (naturally occurring methane with not

more than 20% (by volume) of inerts and other

constituents).

120 mg NO 2 .Nm -3 .

Liquid fuels (emission limit value applies to gas

turbines firing light and middle distillates).

120 mg NO 2 .Nm -3 .

Gaseous fuels other than natural gas.

( 1 ) 75 mg NO 2 .Nm -3 in the following cases

a. gas turbines used in combined heat and power systems having an overall efficiency greater than

75%;

b. gas turbines used in combined cycle plants having an annual overall electrical efficiency greater

than 55%;

and

c. gas turbines for mechanical drives.

For single gas turbines not falling into any of the above categories, but having an efficiency greater

than 35% (determined at ISO base load conditions), the emission limit value shall be 1.42# where # is

the gas turbine efficiency expressed as a percentage (and at ISO base load conditions).

Gas turbines for emergency use that operate less than 500hrs per year are excluded from these limit

values. The operator of such plants is required to submit each year to the competent authority a record

of such used time.

B

Schedule VIII

DEROGATIONS AS PER SUB-REGUALTIONS (5) AND (6) OF

REGULATION 9.

Notification of a temporary derogation from compliance with Large Combustion

Plants Emission Limit Values.

In view of the written request by [person submitting the request] on behalf of

[operator], dated [date], I [Name of Director], in my capacity as Director of

Environment Protection have examined all the information handed by [operator]

together with the above mentioned request and have decided to allow for a derogation

from [type of derogation to be applied to plant] for the [name of the plant] operated by

[name of operator] having its registered address at [registered address of the operator]

and subject to the IPPC Permit [IPPC permit number] issued on the [date of issue of

the permit] for a period not exceeding [time].

This derogation is subject to the following conditions

[Signature]

[Name, SURNAME]

Director of Environment Protection

Attached a copy of the request for derogation and technical information related to the

case.

B

Schedule IX

REQUIREMENTS FOR THE AUTOMATED MEASURING SYSTEMS AND

FOR THE VALIDATION OF RESULTS

The value of the 95% confidence interval of a single measured result shall not exceed

the following percentages of the emission limit values

Sulphur dioxide

20%

Nitrogen oxides

20%

Total dust

30%

The validated hourly and daily mean values shall be determined from the measured

hourly average values after having subtracted the value of the confidence interval

specified above.

Any day in which more than three hourly average values are invalid due to

malfunction of the automated measuring system shall be invalidated. If more than 10

days a year are invalidated for such situations, the competent authority shall require

the operator to take adequate measures to improve the reliability of the automated

measuring system.

B

Schedule X

INFORMATION TO BE REPORTED WITH THE EMISSIONS INVENTORY

Emissions inventories prepared by the operator under regulation 17, shall include the

following information

Name of the Installation;

Name of the combustion plant;

Fuel Burn for the combustion plant (Mg.yr -1 )

Heat Value of the fuel fired by the combustion plant (GJ.Mg -1 )

Total annual load of sulphur dioxide for the combustion plant (Mg.yr -1 ).

Total annual load of nitrogen oxides for the combustion plant (Mg.yr -1 ).

Total annual load of dust for the combustion plant (Mg.yr -1 ).

Total annual pollutant loads shall be calculated as follows

[for leap years d=366]

Where

WGF d is the daily waste gas flow rate in Nm 3

[P] d avg is the daily average concentration of the pollutant in mg.Nm -3 .

B

Schedule XI

INFORMATION TO BE REPORTED WITH THE OPERATING TIME

Reports on combustion plants operating time prepared by the operator under

regulation 17, shall include the following information

Name of the Installation;

Name of the combustion plant;

T O , the total combustion plant operating time (hr);

T R , the remaining combustion plant operating time (hr);

Where

T R = 20000 – T O

B

€2.61

(1) Combustion plants, of a rated thermal input equal Limit value for

to or greater than 400 MW, shall be subject to a limit value for operating for a limited

sulphur dioxide emissions of 800 mg SO 2 .Nm -3 if they do not time.

operate for more than the following number of hours a year (rolling

average over a period of five years):-

(a) 2,000 hours till 31 December 2015;

(b) 1,500 hours from the 1 January 2016 onwards.

(2) This regulation shall not apply to combustion

plants subject to the permitting requirements in sub-regulation (2)

of regulation 3.

EMISSION LIMIT VALUES FOR GAS TURBINES

Emission limit values are expressed in mg.m -3 (at an oxygen content of 15%) to be

applied by a single gas turbine unit pursuant to regulation. The limit values apply

only above 70% of the load.

Fuels

Emission Limit Value (ELV)

50 mg NO 2 .Nm -3 ( 1 ).

Natural gas (naturally occurring methane with not

more than 20% (by volume) of inerts and other

constituents).

120 mg NO 2 .Nm -3 .

Liquid fuels (emission limit value applies to gas

turbines firing light and middle distillates).

120 mg NO 2 .Nm -3 .

Gaseous fuels other than natural gas.

( 1 ) 75 mg NO 2 .Nm -3 in the following cases

a. gas turbines used in combined heat and power systems having an overall efficiency greater than

75%;

b. gas turbines used in combined cycle plants having an annual overall electrical efficiency greater

than 55%;

and

c. gas turbines for mechanical drives.

For single gas turbines not falling into any of the above categories, but having an efficiency greater

than 35% (determined at ISO base load conditions), the emission limit value shall be 1.42# where # is

the gas turbine efficiency expressed as a percentage (and at ISO base load conditions).

Gas turbines for emergency use that operate less than 500hrs per year are excluded from these limit

values. The operator of such plants is required to submit each year to the competent authority a record

of such used time.

B

Operators of combustion plants subject to the

permitting requirements of sub-regulation (2) of regulation 3 shall

investigate the technical and economic feasibility of providing

for the combined generation of heat and power. Should this

feasibility be confirmed the operators will be required to develop

their installations accordingly, keeping in mind the market and

distribution situation.

DEROGATIONS AS PER SUB-REGUALTIONS (5) AND (6) OF

REGULATION 9.

Notification of a temporary derogation from compliance with Large Combustion

Plants Emission Limit Values.

In view of the written request by [person submitting the request] on behalf of

[operator], dated [date], I [Name of Director], in my capacity of Director of

Environment Protection have examined all the information handed by [operator]

together with the above mentioned request and have decided to allow for a derogation

from [type of derogation to be applied to plant] for the [name of the plant] operated by

[name of operator] having its registered address at [registered address of the operator]

and subject to the IPPC Permit [IPPC permit number] issued on the [date of issue of

the permit] for a period not exceeding [time].

This derogation is subject to the following conditions

[Signature]

[Name, SURNAME]

Director of Environment Protection

Attached a copy of the request for derogation and technical information related to the

case.

B

(1) Permits for combustion plants within the scope of

these regulations, shall include conditions on procedures relating to

malfunction or break down of the abatement equipment.

(2) In the case of a breakdown the operator shall

operate the plant using low polluting fuels and if this is not enough

to achieve the relevant limit values, the operator shall reduce or

close down operations if a return to normal operation is not

achieved within 24 hours.

(3) The competent authority shall be notified within 48

hours of the occurrence of such breakdown or malfunction.

(4) In no circumstance shall the cumulative duration of

unabated operation in any twelve month period exceed 120 hours.

The Director may allow exceptions to the limits of 24 hours and

120 hours above in cases where in his judgement:-

(a) there is an overriding need to maintain energy

supplies; or

(b) the plant with the breakdown would be replaced

for a limited period by another plant which would cause an

overall increase in emissions.

(5) The Director may allow a suspension for a

maximum of six months from the obligation to comply with the

emission limit values provided for in regulations 3 and 4 for

sulphur dioxide in respect of a combustion plant which to this end

normally uses low-sulphur fuel, in cases where the operator is

unable to comply with these limit values due to an interruption in

the supply of low-sulphur fuel resulting from a serious shortage.

(6) The Director may allow a derogation from the

obligation to comply with the emission limit values provided for

in regulations 3 and 4 in cases where a plant which normally uses

only gaseous fuel, and which would otherwise need to be equipped

with a waste gas purification facility, has to resort exceptionally,

and for a period not exceeding 10 days except where there is an

overriding need to maintain energy supplies, to the use of other

fuels because of a sudden interruption in the supply of gas. The

competent authority shall immediately be informed of each specific

case as it arises.

(7) In the cases mentioned in sub-regulations (5)

and (6) of this regulation, the operator shall inform the Director

in writing of the need to apply for the exemptions provided

for in these two sub-regulations as soon as the cases in question

arise. In doing so the operator shall forward all the relevant

technical information as well as any other information deemed

necessary by the competent authority. The competent authority

shall, at its discretion issue the temporary derogation according

to the provisions of the above mentioned sub-regulations as per

notification in Schedule VIII. The competent authority shall publish

this notification together with all the information forwarded to it by

the operator, on the subsequent issue of the Gazette.

REQUIREMENTS FOR THE AUTOMATED MEASURING SYSTEMS AND

FOR THE VALIDATION OF RESULTS

The value of the 95% confidence interval of a single measured result shall not exceed

the following percentages of the emission limit values

Sulphur dioxide

20%

Nitrogen oxides

20%

Total dust

30%

The validated hourly and daily mean values shall be determined from the measured

hourly average values after having subtracted the value of the confidence interval

specified above.

Any day in which more than three hourly average values are invalid due to

malfunction of the automated measuring system shall be invalidated. If more than 10

days a year are invalidated for such situations, the competent authority shall require

the operator to take adequate measures to improve the reliability of the automated

measuring system.

B

(1) Permits for combustion plants made up of multi-

firing units involving the simultaneous use of two or more fuels

shall include conditions relating to compliance with emission limit

values which shall be established as follows:-

(a) by taking the emission limit value relevant to

each individual fuel and pollutant corresponding to the rated

thermal input of the combustion plant as given in schedules I,

II, III, IV, V, VI and VII;

(b) 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; and

(c) by aggregating the fuel-weighted limit values.

(2) In multi-firing units using 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) of this regulation, 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%. 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 individual fuels in relation to the

sum of the thermal inputs delivered by all fuels as follows:-

(a) 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 Schedules I,

II, III, IV, V, VI and VII;

(b) by calculating the emission limit value of the

determinative fuel (fuel with the highest emission limit value

according to Schedules I, II, III, IV, V, VI and 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 Schedules

I, II, III, IV, V, VI and VII 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;

(c) 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 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; and

(d)

by aggregating the fuel-weighted emission limit

values.

(3) As an alternative to sub-regulation (2) of this

regulation, the following average emission limit values for sulphur

dioxide may be applied (irrespective of the fuel combination

used):-

(a) for the plants referred to in regulations 3(1) and

4(1): 1000 mg SO 2 .Nm -3 , averaged all over such plants within

the refinery; and

(b) for the ‘new’ plants referred to in regulation 3(2)

600 mg SO 2 .Nm -3 , averaged all over 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.

(4) In the case of combustion plants with multi-

firing units involving the alternative use of two or more fuels, the

emission limit values to be included in the permit shall be those in

Schedules I, II, III, IV, V, VI and VII corresponding to each fuel

used.

(5) The emission limit values determined according

to the procedures prescribed by sub-regulations (1) to (4) of

these regulations are the highest permissible limit values. Permits

issued under regulation 4 of Integrated Pollution Prevention and

Control Regulations, 2002 may include stricter emission limit

values, particularly in order to ensure compliance with the BAT

requirement.

INFORMATION TO BE REPORTED WITH THE EMISSIONS INVENTORY

Emissions inventories prepared by the operator under regulation 17, shall include the

following information

Name of the Installation;

Name of the combustion plant;

Fuel Burn for the combustion plant (Mg.yr -1 )

Heat Value of the fuel fired by the combustion plant (GJ.Mg -1 )

Total annual load of sulphur dioxide for the combustion plant (Mg.yr -1 ).

Total annual load of nitrogen oxides for the combustion plant (Mg.yr -1 ).

Total annual load of dust for the combustion plant (Mg.yr -1 ).

Total annual pollutant loads shall be calculated as follows

[for leap years d=366]

Where

WGF d is the daily waste gas flow rate in Nm 3

[P] d avg is the daily average concentration of the pollutant in mg.Nm -3 .

B

(1) The operators of combustion plants having a rated

electrical output of 300 MW or more and which were issued with

a permit after the 13 May 2009, shall assess whether:-

(a) suitable geological storage sites for carbon dioxide

are available; and

(b) transport facilities are technically and economically

feasible; and

(c) it is technically and economically feasible to

retrofit for carbon dioxide capture.

(2) If the conditions in sub-regulation (1) of this

regulation are met, the competent authority shall ensure that the

permits issued after the 13 May 2009 include a clause on the setting

aside of a suitable space on the installation site for the equipment

necessary to capture and compress carbon dioxide.

The competent authority 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.

INFORMATION TO BE REPORTED WITH THE OPERATING TIME

Reports on combustion plants operating time prepared by the operator under

regulation 17, shall include the following information

Name of the Installation;

Name of the combustion plant;

T O , the total combustion plant operating time (hr);

T R , the remaining combustion plant operating time (hr);

Where

T R = 20000 – T O

(1) Permits for combustion plants within the scope

of these regulations shall include conditions related to the

minimum stack height in order to safeguard human health and the

environment.

(2) The stack height shall be calculated according to

the guidance document issued by the competent authority.

Where a combustion plant is extended by at least 50 Extension of the

MW TH , the applicable emission limit values shall not be higher

to those set out in Schedules II, IV and VI in respect of sulphur

dioxide, nitrogen oxides and dust.

(1) The operator shall monitor the concentrations of

sulphur dioxide, oxides of nitrogen and dust in the waste gases of

the combustion plants within the scope of these regulations.

(2) The operator shall monitor continuously through

the use of automated measurement systems the flue gases of the

combustion plants within the scope of these regulations for sulphur

dioxide, oxides of nitrogen and dust if the rated thermal input of

the combustion plant is 100 MW or more.

(3) In addition to the parameters in sub-regulation (2)

of this regulation, the operator shall monitor the relevant process

operation parameters of oxygen content, temperature, pressure and

water vapour content. The continuous measurement of the water

vapour content shall not be necessary if the sampled exhaust gas is

dried prior to analysis.

(4) The operator shall monitor the flue gases of

the combustion plants within the scope of these regulations

discontinuously for sulphur dioxide, oxides of nitrogen and dust

if they are not covered by the monitoring requirement in sub-

regulation (2) of this regulation.

(5) The sampling and analysis of the relevant pollutants

and process parameters as well as reference measurement methods

to calibrate automated measurement systems shall be carried out

in accordance with CEN standard methods. If CEN standards are

not available, ISO standards or any national standard method from

any of the Member Sates of the European Union can be used. In

addition, continuous measuring systems shall be subject to control

by means of parallel measurements with the reference methods at

least every year.

(6) The operator shall carry out any discontinuous

monitoring in accordance with the relevant CEN standards. In the

absence of a CEN standard method an ISO standard method or any

national standard method from any of the European Union Member

States can be used.

(7) Automated measuring systems are subject to the

requirements in Schedule IX.

The operator shall inform the competent authority of

the results of the continuous measurements, the checking of the

measurement equipment, the individual measurements and all other

measurements within the time frames set by the permit.

(1) In the event of continuous measurements of the,

the emission limit values set out in Schedules I, III and V shall be

regarded as having been complied with if the evaluation of results

indicates, for operating hours within a calendar year, that:-

(a) none of the calendar monthly mean values exceeds

the emission limit values; and

(b)

in the case of

(i) sulphur dioxide and dust: 97% of all the 48

hourly mean values do not exceed 110% of the emission

limit values; and

(ii) nitrogen oxides: 95% of all the 48 hourly

mean values do not exceed 110% of the emission limit

values.

(2) In the event of discontinuous measurements, the

emission limit values set out in Schedules I, II, III, IV, V, VI and

VII shall be regarded as having been complied with if the results

of each of the series of measurements do not exceed the emission

limit values.

(3) The emission limit values set out in Schedules

II, IV,VI and VII shall be regarded, for operating hours within a

calendar year, as complied with if

(a) no validated daily average exceeds the relevant

figures prescribed in Schedules II, IV, VI and VII;

(b) 95% of all the validated hourly averages over the

year do not exceed 200% of the relevant figures prescribed in

Schedules II, IV and VI.

Validated values are determined as set out in Schedule

IX of these regulations.

(4) Provided that for the purpose of compliance with

sub-regulations (1) and (3) of this regulation, the periods referred

to in regulation 9 as well as start up and shut down periods shall be

disregarded.

(1) The operator shall forward an emissions inventory Reporting obligations.

on a combustion plant basis by combustion plant basis, for sulphur

dioxide, nitrogen oxides and dust (as total suspended particulate).

The pollutant loads (in Mg) shall be calculated by adding the mass

of pollutant emitted by the combustion plant in question each day,

on the basis of volumetric flow rates of waste gases.

(2) Where discontinuous measurements are used, the

operator shall establish appropriate estimation procedures to the

satisfaction of the competent authority.

(3) The emissions inventory shall include the

information in Schedule X.

(4) For combustion plants operating on the derogation

in sub-regulation (2) of regulation 4, the operator shall report to the

competent authority on a yearly basis the operating time for each

combustion plant operating on this derogation. The report shall

include the information in Schedule XI.

A person shall be guilty on an offence under these

regulations if:-

(a) he fails to comply with any order lawfully given in

terms of any provision of these regulations; or

(b) he contravenes any restriction, prohibition or

requirement imposed by or under these regulations; or

(c) 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.

Any person who commits an offence against these

regulations shall, on conviction, be liable:-

(a) on a first conviction to a fine (multa) of not

less than one thousand two hundred euro (€1,200) but not

exceeding two thousand three hundred euro (€2,300).

(b) on a second or subsequent convictions, to a fine

(multa) of not less than two thousand three hundred euro

(€2,300), but not exceeding eleven thousand six hundred

euro(€11,600) 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

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

public entities and, or other persons acting on their behalf

involved in the implementation of these regulations and

restitution of the environment as a result of the said offence,

the revocation of the permit issued by the competent authority

and the confiscation of the corpus delicti.

(1) The provisions of article 23 and sub-article (1) Applicability of the

of article 30 of the Criminal Code shall, mutatis mutandis, apply Criminal Code.

to proceedings, in respect of offences against these regulations,

so however that the disqualification from holding or obtaining a

license, 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 taken 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.

(3) Notwithstanding the provisions of the Criminal

Code, the Attorney General shall always have a right of appeal

to the Court of Criminal Appeal from any judgment given by the

Court of Magistrates (Malta) or the Court of Magistrates (Gozo) in

respect of proceedings for any offence against these regulations.

The Limitations of Emissions of Certain Pollutants

into the Air from Large Combustion Plants Regulations, 2002 are

2002. hereby being revoked.

B