349 tal-2010 - Regolamenti tal-2010 dwar il-Limitazzjoni ta’ Emissjonijiet ta’ Komposti Organiċi li Jiżvintaw

L.N. 349 of 2010

ENVIRONMENT PROTECTION ACT

(CAP. 435)

Limitation of Emissions of Volatile Organic Compounds

Regulations, 2010

BY VIRTUE of the powers conferred by articles 3, 9 and 28

of the Environment Protection Act, the Prime Minister has made

the following regulations;-

(1) The title of these regulations is the Limitation of Citation and

Emissions of Volatile Organic Compounds Regulations, 2010.

(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 subregulation (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.

This Schedule contains the categories of activity referred to in

subregulation (2) of regulation 2. When operated above the thresholds

listed in Schedule II, the activities mentioned in this Schedule fall within

scope of these regulations. In each case the activity includes the

cleaning of equipment but not the cleaning of products unless specified

otherwise.

Adhesive coating

Any activity in which an adhesive is applied to a surface, with the

exception of adhesive coating and laminating associated with printing

activities.

Coating activity

- Any activity whereby a single or multiple application of a continuous

film of coating is applied to

vehicles as listed below

new cars, defined as vehicles of category M1 in the Type Approval of

Motor Vehicles and their Trailer, 2000, and of category N1 in so far as

they are coated at the same installation as M1 vehicles.

truck cabins, defined as the housing for the driver, and all integrated

housing for the technical equipment, of vehicles of categories N2 and

N3 in the Type Approval of Motor Vehicles and their Trailers as in

Directive 70/156/EEC.

vans and trucks, defined as vehicles of categories defined as vehicles

of categories N1, N2 and N3 in the Type Approval of Motor Vehicles

and their Trailers as in Directive 70/156/EEC, but not including truck

cabins.

buses, defined as vehicles of categories M2 and M3 in the Type

Approval of Motor Vehicles and their Trailers as in Directive

70/156/EEC.

trailers, defined in categories O1, O2, O3 and O4 in the Type Approval

of Motor Vehicles and their Trailers as in Directive 70/156/EEC.

metal and plastic surfaces including surfaces of airplanes, ships trains,

etc.,

wooden surfaces,

textile, fabric, film and paper surfaces,

B

leather

It does not include the coating of substrate with metals by electrophoretic

and chemical spraying techniques. If the coating activity includes a step in

which the same article is printed by whatever technique used, that printing

step is considered part of the coating activity.

Coil coating

Any activity where coiled steel, stainless steel, coated steel, copper

alloys or aluminium strip is coated with either a film forming or laminate

coating in a continuous process.

Dry Cleaning

Any industrial or commercial activity using VOCs in an installation to

clean garments, furnishing and similar consumer goods with the

exception of the manual removal of stains and spots in the textile and

clothing industry.

Footwear manufacture

Any activity of producing complete footwear or parts thereof.

Manufacture of coating preparations, varnishes, inks and adhesives

the manufacture of any coating preparations, varnishes, inks and

adhesives. This also includes the manufacture of intermediates (where

carried out at the same site), by mixing of pigments, resins and

adhesive materials with organic solvent or other carrier, including

dispersion and predispersion activities, viscosity and tint adjustments

and operations for filling the final product into its container.

Manufacturing of pharmaceutical products

The chemical synthesis, fermentation, extraction, formulation and

finishing of pharmaceutical products and where carried out at the same

site, the manufacture of intermediate products.

Printing activities

Any reproduction activity of text and/or images in which, with the use of

an image carrier, ink is transferred onto whatever type of surface. It

includes associated varnishing, coating and laminating techniques.

However, only the following sub-processes are subject to these

regulations

flexography - a printing activity using an image carrier of rubber or

elastic photopolymers on which the printing areas are above the non-

printing areas, using liquid inks which dry through evaporation.

heatset web offset printing - a web-fed printing activity using an image

carrier in which the printing and non-printing area are in the same

plane, where web-fed means that the material to be printed is fed to the

machine from a reel as distinct from separate sheets. The non-printing

area is treated to attract water and thus reject ink. The printing area is

treated to receive and transmit ink to the surface to be printed.

Evaporation takes place in an oven where hot air is used to heat the

printed material.

- laminating associated to a printing activity - the adhering together of two

or more flexible materials to produce laminates.

publication rotogravure - a rotogravure printing activity used for printing

paper for magazines, brochures, catalogues or similar products, using

toluene-based links.

rotogravure - a printing activity using a cylindrical image carrier in

which the printing area is below the non-printing area, using liquid inks

which dry through evaporation. The recesses are filled with ink, and the

surplus is cleaned off the non-printing area before the surface to be

printed contacts the cylinder and lifts the ink from the recesses.

rotary screen printing - a web-fed printing activity in which the ink is

passed onto the surface to be printed by forcing it through a porous

image carrier, in which the printing area is open and the non-printing

area is sealed off, using liquid inks which dry only through evaporation.

Web-fed means that the material to be printed is fed to the machine

from a reel as distinct from separate sheets.

varnishing - an activity by which a varnish or an adhesive coating for

the purpose of later sealing the packaging material is applied to a

flexible material.

Rubber conversion

Any activity of mixing, milling, blending, calendaring, extrusion and

vulcanization of natural or synthetic rubber and any ancillary operations

for converting natural or synthetic rubber into a finished product.

Surface cleaning

Any activity except dry cleaning using organic solvents to remove

contamination from the surface of material including degreasing. A

cleaning activity consisting of more than one step before or after any

other activity shall be considered as one surface cleaning activity. This

activity does not refer to the cleaning of the equipment but to the

cleaning of the surface of products.

B

Vegetable oil & animal fat extraction and vegetable oil refining

activities

Any activity to extract vegetable oil from seeds and other vegetable

matter, the processing of dry residues to produce animal feed, the

purification of fats and vegetable oils derived from seeds, vegetable

matter and/or animal matter.

Vehicle refinishing

Any industrial or commercial coating and /or degreasing activities

performing

the original coating of road as in Directive 70/156 EEC as defined in

-

the Type Approval of Motor Vehicles and their Trailers Regulations,

part of them with refinishing-type materials, where is carried out

away from the original manufacturing line, or

the coating of trailers (including semi-trailers)(category O)

-

Winding wire coating

- Any coating activity of metallic conductors used for winding the coils in

transformers and motors, etc.

Wood impregnation

Any activity giving a loading or preservative in timber.

Wood and plastic lamination

- Any activity to adhere together wood and/or plastic to produce

laminated products.

B

(1) For the purpose of these regulations and unless the

context otherwise requires -

“adhesive” means any mixture, including all the organic

solvents or mixtures containing organic solvents necessary for

its proper application, which is used to adhere separate parts

of a product;

“authorisation” means a written decision by which the

competent authority grants a licence to operate all or part of

an installation;

“average over 24 hours” means the arithmetic average of

all valid readings taken during the 24-hour period of normal

operation;

“competent authority” means the Malta Environment

and Planning 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 a competent authority for different provisions

and different purposes of these regulations;

“coating” means any mixture, including all the organic

solvents or mixtures containing organic solvents necessary for

its proper application, which is used to provide a decorative,

protective or other functional effect on a surface;

“consumption” means the total input of organic solvents

into an installation per calendar year, or any other 12-month

period, less any VOCs that are recovered for reuse;

“contained conditions” means conditions under which

an installation is operated such that the VOCs released from

the activity are collected and discharged in a controlled way

either via a stack or abatement equipment and are therefore

not entirely fugitive;

“emission” means any discharge of volatile organic

compounds from an installation into the environment;

“emission limit value” means the mass of volatile

organic compounds, expressed in terms of certain specific

parameters, concentration, percentage and, or level of an

emission, calculated at standard conditions, N, which may not

be exceeded during one or more periods of time;

“existing installation” means an installation in operation;

“fugitive emissions” means any emissions, not in

waste gases, of volatile organic compounds into air, soil and

water as well as, unless otherwise stated in Schedule III,

solvents contained in any products. These include uncaptured

emissions released to the outside environment via windows,

doors, vents and similar openings;

“halogenated organic solvent” means an organic solvent

which contains at least one atom of bromine, chlorine,

fluorine or iodine per molecule;

“ink” means a mixture, including all the organic

solvents or mixtures containing organic solvents necessary

for its proper application, which is used in a printing activity

to impress text or images on to a surface;

“input” means the quantity of organic solvents and

their quantity in mixtures used when carrying out an activity,

including the solvents recycled inside and outside the

installation, and which are counted every time they are used

to carry out the activity;

“installation” means a stationary technical unit where

one or more activities falling within the scope defined in

subregulation (2) of this regulation are carried out, and any

other directly associated activities which have a technical

connection with the activities carried out on that site and

which could have an effect on emissions;

“mass flow” means the quantity of VOCs released, in

unit of mass/hour;

“new installation” means an installation which came

into operation after the date when these regulations came into

force;

“nominal capacity” means the maximum mass input of

organic solvents by an installation averaged over one day,

if the installation is operated under conditions of normal

operation at its design output;

“normal operation” means all periods of operation

of an installation or activity except start-up and shut-down

operations and maintenance of equipment;

“operator” means any physical or legal person who

operates or controls the installation or, where this is provided

for in national legislation, to whom decisive economic power

over the technical functioning of the installation has been

delegated;

“organic compound” means any compound containing

at least the element carbon and one or more of hydrogen,

halogens, oxygen, sulphur, phosphorus, silicon or nitrogen,

with the exception of carbon oxides and inorganic carbonates

and bicarbonates;

“organic solvent” means any VOC which is used alone

or in combination with other agents, and without undergoing

a chemical change, to dissolve raw materials, products or

waste materials, or is used as a cleaning agent to dissolve

contaminants, or as a dissolver, or as a dispersion medium,

or as a viscosity adjuster, or as a surface tension adjuster, or a

plasticiser, or as a preservative;

“mixture” means mixtures or solutions composed of two

or more substances;

“registration” means a procedure, specified in a legal

act, involving at least notification to the competent authority

by the operator of the intention to operate an installation or

activity falling within the scope of these regulations;

“reuse of organic solvents” means the use of organic

solvents recovered from an installation for any technical or

commercial purpose and including use as a fuel but excluding

the final disposal of such recovered organic solvent as waste;

“small installation” means an installation which falls

within the lower threshold band of items 1, 3, 4, 5, 8, 10, 13,

16 or 17 of Schedule II or for the other activities of Schedule

II which have a solvent consumption of less than 10 tonnes/

year;

“standard conditions” means a temperature of 273,15 K

and a pressure of 101,3 kPa;

“start-up and shut-down operations” means operations

whilst bringing an activity, an equipment item or a tank into

or out of service or into or out of an idling state. Regularly

oscillating activity phases are not to be considered as start-

ups and shut-downs;

“substances” means any chemical element and its

compounds, as they occur in the natural state or as produced

by industry, whether in solid or liquid or gaseous form;

“substantial change” -

(a) for a small installation, means a change of

the nominal capacity leading to an increase of emissions

of volatile organic compounds of more than 25%. Any

change that may have, in the opinion of the competent

authority, significant negative effects on human health or

the environment is also a substantial change;

(b) for all other installations, means a change of

the nominal capacity leading to an increase of emissions

of volatile organic compounds of more than 10%. Any

change that may have, in the opinion of the competent

authority, significant negative effects on human health or

the environment is also a substantial change;

“total emissions” means the sum of fugitive emissions

and emissions in waste gases;

“volatile organic compound” or “VOC” means any

organic compound having at 293,15 K a vapour pressure of

0,01 kPa or more, or having a corresponding volatility under

the particular conditions of use. For the purpose of these

regulations, the fraction of creosote which exceeds this value

of vapour pressure at 293,15 K shall be considered as a VOC;

“varnish” means a transparent coating;

“waste gases” means the final gaseous discharge

containing volatile organic compounds or other pollutants,

from a stack or abatement equipment into air. The volumetric

flow rates shall be expressed in m 3 /h at standard conditions.

(2) The purpose and scope of these regulations is to

prevent or reduce the direct and indirect effects of emissions of

volatile organic compounds into the environment, mainly into the

air, and the potential risks to human health, by providing measures

and procedures to be implemented for the activities defined

in Schedule I, in so far as they are operated above the solvent

consumption thresholds listed in Schedule II.

I. THRESHOLDS AND EMISSION CONTROLS

Threshol

Fugitive

Activity

Emissio

d

emission

(solvent

n limit

Total

(solvent

values

consumpti

values

emission

consump

(percentage

on

in

Special

limit values

tion

of solvent

threshold

waste

provisions

threshold

input)

in

gases

in

tonnes/yea

(mg

Ne

Existi

Existi

tonnes/y

New

C/Nm 3 )

r)

w

ng

ng

ear)

15-25

(1)

(1)

Solvent

residue in

finished

Heatset

product is

web offset

not to be

printing

considered

> 25

(1)

(>15)

as part of

fugitive

emissions.

Publication

rotogravur

e (>25)

Other

15-25

rotogravur

>25

(1)

e,

Threshold

flexograph

for rotary

y,

rotary

screen

screen

printing on

>30 (1)

printing,

textile and

laminating

on

or

cardboard.

varnishing

units (>15)

(1)

Using

(2)

1-5

compound

s specified

Surface

in

cleaning (1)

regulation

20 (2)

> 5

5(6)

and

(8).

B

(2)

Limit

refers

to

mass

of

compound

s

in

mg/Nm ,

and not to

total

carbon.

(1)

(1)

(1)

2-10

Installation

s

which

demonstrat

e to MEPA

that

the

average

organic

solvent

Other

content of

surface

all cleaning

cleaning

material

75 (1)

15 (1)

> 10

(>2)

used does

not exceed

30%

by

weight are

exempt

from

application

of

these

values.

(1)

Complianc

e

in

accordanc

e

with

Vehicle

Article 9(3)

coating

should be

50 (1)

(<15) and

>0.5

demonstart

vehicle

ed based

refinishing

on

15minute

average

measurem

ents.

B

(1)

For

installation

s

which

use

techniques

which

Coil

allow reuse

50 (1)

coating

of

(>25)

recovered

solvents,

the

emision

limit shall

be 150.

(1)

Emission

limit value

applies to

coating

application

100 (1) (4)

25 (4)

5-15

Other

and drying

coating

processes

including

operated

metal,

under

plastic,

contained

textile (3) ,

conditions.

(2)

fabric, film

The first

and paper

emission

coating

limit values

(>5)

applies to

50/75 (2)

drying

20 (4)

> 15

(3) (4)

processes,

the second

to coating

application

processes.

(3)

For

textile

coating

installation

s

which

use

techniques

which

allow reuse

of

recovered

B

solvents,

the

emission

limit

applied to

coating

application

and drying

processes

taken

together

shall

be

150. (4)

Coating

activities

which

cannot be

applied

under

contained

conditions

(such

as

shipbuildin

g, aircraft

painting)

may

be

exempted

from these

values, in

accordanc

e

with

regulation

5(3)(b).

(1)

Applies

for

installation

s

where

g/kg (

average

1)

Winding

diameter of

wire

wire

!

coating

0.1mm.

(>5)

(2)

Applies

for all other

g/kg (

installation

2)

s.

B

(1)

Emission

limit

applies to

coating

application

100 (1)

15-25

and drying

processes

operated

Coating of

under

wooden

contained

surfaces

conditions.

(>15)

(2)

First

values

apply

to

drying

50/75 (2)

> 25

processes,

the second

to coating

application

processes.

(1)

Expressed

in mass of

solvent

emitted per

kilogram of

product

cleaned

Dry

and dried.

g/kg

cleaning

(1) (2)

(2)

The

emission

limit

in

regulation

5(8) does

not appply

for

this

sector.

(1)

Does not

Wood

apply

for

100 (1)

impregnati

kg/

impregnati

m 3

on (>25)

on

with

creosote.

B

Emission

limits are

expressed

in grams of

10-25

solvent

g/m 2

emitted per

m2

of

product

produced.

>25

g/m 2

(1)

For

leather

Coating of

coating

leather

activities in

(>10)

furnishing

and

particular

leather

(>10) (1)

goods

g/m 2

used

as

small

consumer

goods like

bags,

belts,

wallets,

etc.

Total

emission

limit values

are

expressed

Footwear

25 g

per in grams of

manufactur

pair

solvent

e (>5)

emitted per

pair

of

complete

footwear

produced.

Wood and

plastic

30 g/m 2

lamination

(>5)

B

(1)

Adhesive

If

(1)

coating

5-15

techniques

(>5)

are used

which

allow reuse

of

recovered

solvent,

50 (1)

>15

the

emission

limit value

in

waste

gases shall

be 150

5% of

The

solve

fugitive

Manufactur 100-1000

nt

emission

e of

input

values do

coating

not include

preparation

solvent

s

3% of

sold

as

varnishes,

solve

part of a

inks and

>1000

nt

coatings

adhesives

input

preparation

(>100)

in a sealed

container.

(1)

If

techniques

are used

which

allow reuse

of

recovered

solvent,

Rubber

25% of

the

conversion

20*

25**

solvent

emission

(>15)

input

limit value

in

waste

gases shall

be 150.

(2)

The

fugitive

emission

value does

not include

B

solvent

sold

as

part

of

products or

preperation

in a sealed

container.

(1

)

Total

emission

limit values

for

installation

s

processing

individual

batches of

Vegetable

seeds and

oil

&

other

animal fat

Animal

vegetable

extraction

fat: 1,5

matter

and

kg/tonn

should be

vegetable

e

set by the

oil refining

competent

activities

authority

(>10)

on a case-

by-case

basis,

applying to

best

available

techniques

.

(2)

Applies

to

all

fractionatio

n

Castor

processes

excluding

kg/tonn

de-

e

gumming

(the

removal of

gums from

the oil).

(3)

Rape

Applies

seed: 1

to

de-

kg/tone

gumming.

B

Sunflo

wer

seed: 1

kg/tonn

e

Soya

beans

(normal

crush)

0,8

kg/tonn

e

Soya

beans

(white

flakes)

1,2

kg/tonn

e

Other

seeds

and

oyjer

vegeta

ble

matter

kg/tonn

e (1) 1,5

kg/tonn

e (2)

kg/tonn

e (3)

(1)

In case

techniques

allows

solvent

reuse,

Manufactur

%

emission

ing of

of

5% of

limit shall

pharmaceu

sol

(1)

(2)

(2)

solvent

be 150

tical

ve (2)

input

Fugitive

products

nt

emission

(>50)

inp

values do

ut

not include

solvent

sold

as

part of a

B

coatings

preperation

in a sealed

container.

II. THE VEHICLE COATING INDUSTRY

The total emission limit values are expressed in terms of solvent emitted in

relation to the surface area of product in square meters and in kilograms of

solvent emitted in relation to the car body.

The surface area of any product dealt with in the table below is defined as

follows

-

the surface area calculated from the total electrophoretic coating area, and

the surface area of any parts that might be added in successive phases of

the coating process which are coated with the same coatings as those

used for the product in question, or the total surface area of the product

coated in the installation.

The surface of the electrophoretic coating area is calculated using the

formula

__________2x total weight of product shell__________

average thickness of metal sheet x density of metal sheet

This method shall also be applied for other coated parts made out of sheets.

Computer aided design or other equivalent methods shall be used to calculate

the surface area of other parts added, or the total surface area coated in the

installation.

The total emission limit value in the table below refers to all process stages

carried out at the same installation from electrophoretic coating, or any other

kind of coating process, through to the final wax and polish of topcoating

inclusive, as well as solvent used in cleaning of process equipment, including

spray booths and other fixed equipment, both during and outside of

production time. The total emission limit value is expressed as the mass sum

of organic compounds per m 2 of the total surface area of coated product and

as the mass sum of organic compounds per car body.

B

Production

Activity

threshold

Total emission limit value

(solvent consumption

(refers to annual

threshold in

production of coated

tonnes/year)

item)

New

Existing

45 g/m 2 or

60 g/m 2 or 1,9

Coating of new cars

1,3 kg/body +

kg/body + 41

33 g/m 2

g/m 2

(>15)

> 5000

90 g/m 2 or

90 g/m 2 or 1,5

! 5000 monocoque

or > 3500 chassis-

1,5 kg/body +

kg/body + 70

70 g/m 2

g/m 2

built

Activity

Production threshold

Total emission limit value

(solvent consumption

(refers to annual

threshold in

production of coated

tonnes/year)

item)

New

Existing

Total emission limit (g/m 2 )

Coating of new truck

cabins

! 5000

(>15)

> 5000

Coating of new vans

and trucks

! 2500

(>15)

> 2500

Coating of new buses

! 2000

(>15)

> 2000

Vehicle coating installations below the solvent consumption thresholds in the

table above shall meet the requirements for the vehicle refinishing sector in

Schedule II.

B

The competent authority shall ensure that

(a)

all new installations comply with regulations 5, 8

and 9;

(b) all new installations are registered or undergo

authorisation before being put into operation.

REDUCTION SCHEME

1. Principles

The purpose of the reduction scheme is to allow the operator the

possibility to achieve by other means emission reductions, equivalent

to those achieved if the emission limit values were to be applied. To

that end the operator may use any reduction scheme, specially

designed for his installation, provided that in the end an equivalent

emission reduction is achieved. Member States shall report according

to Article 11 of the Directive to the Commission about the progress in

achieving the same emission reduction, including the experience from

the application of the reduction scheme.

2. Practice

In the case of applying coatings, varnishes, adhesives or inks, the

following scheme can be used. Where the following method is

inappropriate the competent authority may allow an operator to apply

any alternative exemption scheme which satisfies the principles

outlined here. The design of the scheme takes into account the

following facts

(i) where substitutes containing little or no solvent are still under

development, a time extension must be given to the operator to

implement his emission reduction plans;

(ii) the reference point for emission reductions should correspond as

closely as possible to the emissions which would have resulted had

no reduction action been taken.

The following scheme shall for installations for which a constant solid

content of product can be assumed and used to define the reference

point for emission reductions

(i) the operator shall forward an emission reduction plan which

includes in particular decreases in the average solvent content of

the total input and/or increased efficiency in the use of solids to

achieve a reduction of the total emissions form the installation to a

given percentage of the annual reference emissions, termed the

target emission.

(ii) The annual reference emission is calculated as follows

(a) The total mass of solids in the quantity of coating and/or ink,

varnish or adhesive consumed in a year is determined. Solids

are all materials in coatings, inks, varnishes and adhesives that

become solid once the water or the volatile organic compounds

are evaporated.

(b) The annual refernce emissions are calculated by multiplying the

mass determined in (a) by the appropriate factor listed in the

table below. The Authority may adjust these factors for individual

installations to reflect documented increased efficiency in the

use of solids.

Multiplication

Activity

factor for use in

item (ii)(b)

Rotogravure

printing;

flexography

printing;

laminating as part of a printing activity; varnishing

as part of a printing activity; wood coating; coating

of textiles, fabric film or paper; adhesive coating

Coil coating, vehicle refinishing

Food contact coating, aerospace coatings

2.33

Other coatings and rotary screen printing

1.5

(c) The target emission is equal to the annual reference emission

multiplied by a percentage equal to

- (the fugitive emission value + 15), for installations falling

within item 6 and the lower threshold band of items 8 and 10 of

Schedule II,

- (the fugitive emission value + 5) for all the other installations.

(d) Compliance is achieved if the actual solvent emission

determined from the solvent management plan is less than or

equal to the target emission.

3. Reduction Scheme Calculations

Target Emission Calculations: (A) Total mass of solids in inks, varnishes,

adhesives and coatings consumed in one

year

(B) Reference emission = Mass of solids (A)

X multiplication factor

(C) Target emission = Reference emission

(B) X (the fugitive emission value + 15) or

(the fugitive emission value + 5)

B

Mass of solids (A) X factor X 25% (fugitive

emission value +5)

Since, factor = 4 (for this activity), then 4

and 25% cancel each other, i.e.

For compliance, solvent emission !

target emission

The competent authority shall ensure that

(a) all existing installations comply with regulations 5,

8 and 9;

(b) all existing installations are registered or

authorized;

(c) those installations to be authorised or registered

using the reduction scheme of Schedule III are to notify this

to the competent authority;

(d)

where an installation -

(i) undergoes a substantial change, or

(ii) comes within the scope of these regulations

for the first time following a substantial change, that

part of the installation which undergoes the substantial

change shall be treated either as a new installation or as

an existing installation, provided that the total emissions

of the whole installation do not exceed those that would

have resulted had the substantially changed part been

treated as a new installation.

SOLVENT MANAGEMENT PLAN

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 regulation 8 (1);

(ii) identification of future reduction options;

(iii) enabling of the provision of information on solvent consumption

solvent emissions and compliance with the regulations to the public.

3. Definitions

The following definitions provide a framework for the mass balance

exercise.

Inputs of organic solvents (I)

I1 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.

I2 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.

B

O4 Uncaptured emissions of organic solvents to air. This includes the

general ventilation of rooms, where air is 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 absorption, 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 preparations,

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

(i) Verification of compliance with the reduction option in

Schedule III, with a total emission limit value expressed in solvent

emissions per unit product, or otherwise stated in Schedule II.

(a) For all activities using Schedule III 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 II, 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

regulation 5(5)(b)(ii), 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

Schedule II been met for each activity separately.

(ii) Determination of fugitive emissions for comparison with

fugitive emission values in Schedule II

(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.”.

(1) The competent authority shall ensure, either by

specification in the conditions of the authorisation or by general

binding rules that subregulations (2) to (12) of this regulation are

complied with.

(2) All installations shall either comply with

(a) the emission limit values in waste gases and the

fugitive emission values, or the total emission limit values,

and other requirements laid down in Schedule II; or

(b) the requirements of the reduction scheme specified

in Schedule III.

(3) (a) For fugitive emissions, the competent

authority shall apply fugitive emission values to installations as an

emission limit value

Provided that where it is demonstrated to the satisfaction

of the competent authority that for an individual installation this

value is not technically and economically feasible, the competent

authority can make an exception for such an individual installation

provided that significant risks to human health or the environment

are not to be expected. For each derogation, the operator shall

demonstrate to the satisfaction of the competent authority that the

best available technique is being used.

(b) The competent authority may exempt from the

controls of Schedule II activities which cannot be operated under

contained conditions, when this possibility is explicitly mentioned

in that Schedule, provided that the reduction scheme of Schedule

III is then to be used unless it is demonstrated to the satisfaction

of the competent authority that this option is not technically and

economically feasible. In this case, the operator shall demonstrate

to the satisfaction of the competent authority that the best available

technique is being used.

(4) The competent authority shall ensure that for

installations not using the reduction scheme, any abatement

equipment installed after the date on which these regulations are

brought into effect shall meet all the requirements of Schedule II.

(5) The competent authority shall ensure that

installations where two or more activities are carried out, each of

which exceeds the thresholds in Schedule II, shall

(a) as regards the substances specified in subregulations

(6), (7) and (8) of this regulation, meet the requirements of

those subregulations for each activity individually;

(b) as regards all other substances, either

(i) meet the requirements of subregulation (2) for

each activity individudally; or

(ii) have total emissions not exceeding those that

would have resulted had subparagraph (i) been applied.

(6) The competent authority shall ensure that

substances or mixtures which, because of their content of VOCs,

are classified as carcinogens, mutagens, or toxic to reproduction,

are assigned or need to carry the hazard statements H340, H350,

H350i, H360D or H360F or the risk phrases R45, R46, R49,

R60, R61, and shall be replaced, as far as possible, by taking

into account the guidance as mentioned in subregulation (1) of

regulation 7, by less harmful substances or mixtures within the

shortest possible time.

(7) The competent authority shall ensure that for

discharges of the VOCs referred to in subregulation (6) of this

regulation, where the mass flow of the sum of the compounds

causing the labeling referred to in that subregulation is greater

than, or equal to 10 g/h, an emission limit value of 2 mg/Nm3 shall

be complied with. The emission limit value refers to the mass sum

of the individual compounds.

(8) The competent authority shall ensure that for

discharges of halogenated VOCs which are assigned the risk phrase

R40 or R68, where the mass flow of the sum of the compounds

causing the labelling R40 or R68 is greater than, or equal to, 100

g/h, an emission limit value of 20 mg/Nm3 shall be complied with.

The emission limit value refers to the mass sum of the individual

compounds. The discharge of VOCs referred to in subregulations

(6) and (8) of this regulation shall be controlled as emissions from

an installation under contained conditions as far as technically

and economically feasible to safeguard public health and the

environment.

(9) The competent authority shall ensure that

discharges of those VOCs which, after the entry into force of these

regulations, are assigned or need to carry one of the risk phrases

mentioned in subregulations (6) and (8) of this regulation, shall

have to comply with the emission limit values mentioned in

subregulations (7) and (8) respectively, within the shortest possible

time.

(10) All appropriate precautions shall be taken by the

competent authority to minimize emissions during start-up and

shut-down.

(11) Existing installations which operate existing

abatement equipment and comply with the following emission

limit values;

(a) 50 mg C/Nm3 in the case of incineration,

(b) 150 mg C/Nm3 in the case of any other abatement

equipment,

shall be exempt from the waste gases emission limit values in the

table in Schedule II until 31st March, 2013, provided the total

emissions of the whole installation do not exceed those that would

have resulted had all the requirements of the table been met.

(12) Neither the reduction scheme, nor the application

of subregulation (11) of this regulation, nor regulation 6

shall exempt installations discharging substances specified in

subregulations (6), (7) and (8) of this regulation from fulfilling the

requirements of those subregulations.

(1)(a) The competent authority may define and

implement national plans for reducing emissions from the

activities and industrial installations covered by subregulation

(2) of regulation 2, excluding activities 4 and 11 of Schedule

II. None of the other activities may be excluded from the scope

of these regulations by means of a national plan. These plans

shall result in a reduction of the annual emissions of VOCs from

existing installations covered by these regulations by at least the

same amount and within the same time frame as would have been

achieved by applying the emission limits under subregulations (2)

and (3) of regulation 5 and Schedule II, during the validity period

of the national plan.

(b) The competent authority shall where necessary

update the national plan every three years. When the competent

authority defines and implements national plans, it may exempt

existing installations from implementation of the emission limit

values laid down in subregulations (2) and (3) of regulation 5 and

Schedule II.

(2) The competent authority shall in its national

plan include a list of the measures taken or to be taken to ensure

that the aim specified in subregulation (1) of this regulation will

be achieved, including details of the proposed plan monitoring

mechanism. It shall also include binding interim reduction targets

against which progress toward the aim can be measured as well as

(a) an identification of the activity or activities to

which the plan applies;

(b) the reduction in emissions to be achieved by those

activities which corresponds to that which would have been

achieved by applying the emission limits as specified in

subregulation (1) of this regulation;

(c) the number of installations affected by the plan

and their total emissions and the total emission of each of the

activities.

(3) The competent authority shall include in its plan

a full description of the range of instruments through which its

requirements will be achieved, evidence that these instruments will

be enforceable and details of the means by which compliance with

the plan will be demonstrated.

(4) The competent authority shall ensure that the plan

shall be accompanied by supporting documentation sufficient to

verify that the aim of subregulation (1) of this regulation will be

achieved. Existing installations undergoing a substantial change

shall remain within the scope of the national plan, provided that

they were part of this plan before undergoing such substantial

change.

(5) The competent authority shall be responsible

for the collection and evaluation of the information required by

subregulation (4) and for the implementation of the national plan.

(1) The competent authority shall request the operator Monitoring.

of an installation covered by these regulations to supply to it once

a year or on request, with any data that enables the competent

authority to verify compliance with these regulations.

(2) The competent authority shall ensure that channels

to which abatement equipment is connected, and which at the final

point of discharge emit more than an average of 10 kg/h of total

organic carbon, are monitored continuously for compliance.

(3) In the other cases, the competent authority shall

ensure that either continuous or periodic measurements are carried

out

Provided that for periodic measurements at least three

readings shall be obtained during each measurement exercise

Provided further that measurements are not required in

the case where end-of-pipe abatement equipment is not needed to

comply with these regulations.

(1) The competent authority shall ensure that any

operator shall, to the satisfaction of the authority, comply with

(a) emission limit values in waste gases, fugitive

emission values and total emission limit values;

(b) the requirements of the reduction scheme under

Schedule III;

(c) the provisions of subregulation (3) of regulation 5.

(2) The competent authority shall adopt the guidelines

provided in Schedule IV on solvent management plans serving to

demonstrate compliance with these parameters

Provided that gas volumes may be added to the waste

gas for cooling or dilution purposes where technically justified but

shall not be considered when determining the mass concentration

of the pollutant in the waste gas.

(3) The authority shall verify compliance following a

substantial change.

(4) In the case of continuous measurements the

competent authority shall consider that emission limit values shall

be complied with if

(a) none of the averages over 24 hours of normal

operation exceeds the emission limit values, and

(b) none of the hourly averages exceeds the emission

limit values by more than a factor of 1.5.

(5) In the case of periodic measurements the emission

limit values shall be considered by the competent authority to be

complied with if, in one monitoring exercise

(a) the average of all the readings does not exceed the

emission limit values, and

(b) none of the hourly averages exceeds the emission

limit value by more than a factor of 1.5.

(6) The competent authority shall ensure that

compliance with the provisions of subregulations (7) and (8) of

regulation 5 shall be verified on the basis of the sum of the mass

concentrations of the individual volatile organic compounds

concerned

Provided that for all other cases, compliance shall be

verified on the bases of the total mass of organic carbon emitted

unless otherwise specified in Schedule II.

The competent authority shall ensure that, if it is found

that the requirements of these regulations have been breached

(a) the operator informs the competent authority and

takes measures to ensure that compliance is restored within

the shortest possible time;

(b) in cases of non-compliance causing immediate

danger to human health and as long as compliance is not

restored under the conditions of paragraph (a), operation of

the activity is suspended.

At intervals of three years, the competent authority Information systems

shall publish a report on the implementation of these regulations. and reporting.

The competent authority shall publish the reports subject to the

Freedom of Access to Information on the Environment Regulations, L.N. 116 of 2005.

2005. The first report shall cover the period of the first three years

after the date referred to in subregulation (2) of regulation 1 of

these regulations

Provided that the information compiled under subregulation

(1) of this regulation shall, in particular, include sufficient

representative data to demonstrate that the requirements of

regulation 5 and, as the case may be, the requirements of regulation

6 have been complied with.

(1) Without prejudice to the Freedom of Access

to Information on the Environment Regulations, 2005, the

competent authority shall take the necessary measures to ensure

that applications for authorisation for new installations or for

substantial changes of those installations requiring a permit, are

made available for an appropriate period of time to the public,

to enable it to comment on them before the competent authority

reaches a decision

Provided that no obligation to reformat the information

for the public is implied. The decision of the competent authority,

including a copy of the authorisation, and any subsequent updates,

shall also be made available to the public. The general binding

rules applicable for installations and the list of registered and

authorised activities shall be made available to the public.

(2) The results of emission-monitoring as required

under the authorisation or registration conditions referred to in

regulations 7 and 8 and held by the competent authority, shall be

made available to the public.

(3) Subregulations (1) and (2) of this regulation shall

apply, subject to the restrictions regarding grounds for refusal by

public authorities to provide information, including commercial

and industrial confidentiality, laid down in the Freedom of Access

to Information on the Environment Regulations, 2005.

Any person shall be guilty of 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 provisions 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 euro but not exceeding two thousand euro;

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

(multa) of not less than two thousand euro, but not exceeding

five thousand euro 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 Police and the

confiscation of the corpus delicti.

(1) The provisions of article 23 and subarticle (1) of

article 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 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 Cap. 9.

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 judgement given by the

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

respect of proceedings for any offence against these regulations.

The Limitation of Emissions of Volatile Organic

2001. Compounds Regulations, 2001 are hereby revoked.