11 tal-2013

L.N. 11 of 2013

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Industrial Emissions (Large Combustion Plants)

Regulations, 2013

BY VIRTUE of the powers conferred by articles 2, 61, 64 and

66 of the Environment and Development Planning Act, the Minister

for Tourism, Culture and the Environment, in consultation with the

Malta Environment and Planning Authority, has made the following

regulations:-

(1) The title of these regulations is the Industrial Citation, scope,

applicability and

Emissions (Large Combustion Plants) Regulations, 2013.

commencement.

(2) These regulations provide for the implementation in part of

Directive 2010/75/EU of the European Parliament and of the Council

of 24 November 2010 on industrial emissions (integrated pollution

prevention and control) (Recast).

(3) These regulations also provide for the implementation of

L.N. 9 of 2013.

the Industrial Emissions (Framework) Regulations, 2013.

(4) These regulations lay down rules for the limitation of

atmospheric emissions from large combustion plants and apply to

combustion plants, if their total rated thermal input is equal to or

greater (≥) than 50 MW Th , 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 heating, drying, or any other treatment of objects

or materials;

(b) post-combustion plants designed to purify the waste

gases by combustion which is not operated as independent

combustion plants;

(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 and gas engines used on offshore

platforms;

(j)

plants which use any solid or liquid waste as a fuel

other than waste referred to in the paragraph (b) of the definition

of "biomass" in regulation 5 of the Industrial Emissions

(Framework) Regulations, 2013.

(5) These regulations shall come into force on the 7th January

2013.

EMISSION LIMIT VALUES FOR SOLID FUELS

Emission limit values expressed in mg.Nm -3 and shall be calculated at a

temperature 273 K, a pressure of 101.3 kPa and at an oxygen content of 6% to be

applied by combustion plants pursuant to regulation 5.

The emission limit values set out in this schedule apply to the emissions of

each common stack in relation to the total rated thermal input of the entire

combustion plant.

Where emission limit values in this schedule may be applied for a part of a

combustion plant with a limited number of operating hours, those limit values shall

apply to the emissions of that part of the plant, but shall be set in relation to the

total rated thermal input of the entire combustion plant.

A.

Emission Limit values for SO 2

Emission Limit Values in mg SO 2 .Nm -3

Coal, Lignite

Rated Thermal Input (P Th )

and other solid

Biomass

Peat

fuels

400 ( 1 )

200 ( 1 )

300 ( 1 )

50MW Th ≤ P Th ≤ 100 MW Th

250 ( 1 )

200 ( 1 )

200 ( 1 )

100MW Th < P Th ≤ 300MW Th

200 ( 1 )

P Th > 300MW Th

200 ( )

200 ( )

Note

(1) 800 mg SO 2 .Nm -3 in the case of combustion plants which were granted a permit prior

to the 27 November 2002 or the operators of which had submitted a complete application for a

permit before that date, provided that the plant was put into operation no later than 27 November

2003, and which do not operate more than 1500 operating hours per year as a rolling average over

a 5 year period.

B.

Emission limit values for NO X measured as NO 2 .

Emission Limit Values in mg NO 2 .Nm -3

Coal, Lignite

Rated Thermal Input (P Th )

and other solid

Biomass

Peat

fuels

300 ( 2 ) ( 3 )

300 ( 2 ) ( 3 )

50MW Th ≤ P Th ≤ 100 MW Th

200 ( 2 ) ( 3 )

250 ( 2 ) ( 3 )

250 ( 2 ) ( 3 )

100MW Th < P Th ≤ 300MW Th

200 ( 2 ) ( 3 )

P Th > 300MW Th

200 ( ) ( )

200 ( ) ( )

Note

450 mg NO 2 .Nm -3 in the case of pulverised lignite combustion.

(1)

(2) 450 mg NO 2 .Nm -3 in the case of combustion plants with a rated total thermal input ≤

500 MW Th if they were granted a permit prior to 27 November 2002 or the operators of which had

submitted a complete application for a permit before that date, provided that the plant was put into

operation no later than 27 November 2003, and which do not operate more than 1500 operating

hours per year as a rolling average over a 5 year period.

(3) 450 mg NO 2 .Nm -3 in the case of combustion plants with a rated total thermal input >

500 MW Th if they were granted a permit before 1 July 1987 and which do not operate more than

1500 operating hours per year as a rolling average over a period of 5 years.

A part of a combustion plant discharging its waste gases through one or more separate flues

within a common stack and which does not operate more than 1500 operating hours per calendar

year as a rolling average over a period of 5 years, may be subject to the emission limit values set

out in: Notes ( 1 ) to paragraph A for SO 2 and to the emission limit values in Notes ( 2 ) and ( 3 ) to

paragraph B for NO 2 , in relation to the total rated thermal input of the entire combustion plant. In

such cases emissions through each of those flues shall be monitored separately.

C.

Emission limit values for dust

Emission Limit Values in mg dust.Nm -3

Coal, Lignite

Rated Thermal Input (P Th )

and other solid

Biomass

Peat

fuels

50MW Th ≤ P Th ≤ 100 MW Th

100MW Th < P Th ≤ 300MW Th

P Th > 300MW Th

D.

Emission limit values for CO.

For all plants 150 mg CO.Nm -3 .

For the purpose of these regulations and unless the context

otherwise requires

"combustion unit" means any technical apparatus in which fuels

are oxidised in order to use the heat thus generated;

"combustion plant" means any plant made up of one or more

combustion units. Where a combustion plant is made up of more than

one separate combustion unit which, de facto, discharge their waste

gases through a common stack, the combination formed by these

units shall be considered as a single combustion plant.

In addition combustion units which have been granted a permit

for the first time on or after 1st July 1987, or the operators of which

have submitted a complete application for a permit on or after that

date shall be considered as forming part of the same combustion plant

if in the judgement of the competent authority, they are installed in

such a way that taking technical and economic factors into account

their waste gases could be discharged through a common stack.

In both cases the capacities of the constituting combustion units

(excluding those individual units having a rated thermal input below

15 MW Th ) are to be added up in order to calculate the total rated

thermal input of the plant;

"determinative fuel" means the fuel which, amongst all fuels

used in a multi-fuel firing combustion plant using the distillation and

conversion residues from the refining of crude-oil for own

consumption, alone or with other fuels, has the highest emission limit

value as set out in Schedules I, III, and V, or, in the case of several

fuels having the same emission limit value, the fuel having the

highest thermal input amongst those fuels;

"emission limit value" shall have the same meaning as in the

Industrial Emissions (Framework) Regulations, 2013, and shall be

expressed at standard conditions according to the following equation

T

101.3

EMISSION LIMIT VALUES FOR SOLID FUELS

Emission limit values expressed in mg.Nm -3 and shall be calculated at a

temperature 273 K, a pressure of 101.3 kPa and at an oxygen content of 6% to be

applied by combustion plants pursuant to regulation 6.

The emission limit values set out in this schedule apply to the emissions of

each common stack in relation to the total rated thermal input of the entire

combustion plant.

Emission Limit values for SO 2 .

Emission Limit Values in mg SO 2 .Nm -3

Coal, Lignite

Rated Thermal Input (P Th )

and other solid

Biomass

Peat

fuels

50MW Th ≤ P Th ≤ 100 MW Th

300 ( 1 )

100MW Th < P Th ≤ 300MW Th

150 ( 3 )

P Th > 300MW Th

150 ( )

Note

250 mg SO 2 .Nm -3 in the case of fluidized bed combustion.

(1)

200 mg SO 2 .Nm -3 in the case of circulating or pressurized fluidized bed combustion.

(2)

200 mg SO 2 .Nm -3 in the case of fluidized bed combustion.

(3)

Emission Limit values for NO X measured as NO 2 .

Emission Limit Values in mg NO 2 .Nm -3

Coal, Lignite

Rated Thermal Input (P Th )

and other solid

Biomass

Peat

fuels

300 ( 1 )

50MW Th ≤ P Th ≤ 100 MW Th

100MW Th < P Th ≤ 300MW Th

150 ( 2 )

P Th > 300MW Th

Note

400 mg NO 2 .Nm -3 in the case of pulverised lignite combustion.

(1)

200 mg NO 2 .Nm -3 in the case of pulverised lignite combustion.

(2)

Emission Limit values for dust.

Emission Limit Values in mg dust.Nm -3

Coal, Lignite

Rated Thermal Input (P Th )

and other solid

Biomass

Peat

fuels

50MW Th ≤ P Th ≤ 300 MW Th

P Th > 300MW Th

Emission Limit values for CO.

For all plants 150 mg CO.Nm -3 .

EMISSION LIMIT VALUES FOR LIQUID FUELS

Emission limit values expressed in mg.Nm -3 and shall be calculated at a

temperature 273 K, a pressure of 101.3 kPa and at an oxygen content of 3% to be

applied by combustion plants pursuant to regulation 5.

A.

Emission Limit values for SO 2

Rated Thermal Input (P Th )

Emission Limit Value (ELV)

350 mg SO 2 .Nm -3 ( 1 )

50MW Th ≤ P Th ≤ 100 MW Th

250 mg SO 2 .Nm -3 ( 1 )

100MW Th < P Th ≤ 300MW Th

200 mg SO 2 .Nm -3 ( 2 )

P Th > 300MW Th

Note

(1) 850 mg SO 2 .Nm -3 for combustion plants which were granted a permit

prior to the 27 November 2002 or the operators of which had submitted a

complete application for a permit before that date, provided that the plant was put

into operation no later than 27 November 2003, and which do not operate more

than 1500 operating hours per year as a rolling average over a 5 year period, if

their rated thermal input ≤ 300 MW Th .

(2) 400 mg SO 2 .Nm -3 for combustion plants which were granted a permit

prior to the 27 November 2002 or the operators of which had submitted a

complete application for a permit before that date, provided that the plant was put

into operation no later than 27 November 2003, and which do not operate more

than 1500 operating hours per year as a rolling average over a 5 year period, if

their rated thermal input > 300 MW Th .

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 ( 1 ) ( 2 )

50MW Th ≤ P Th ≤ 100 MW Th

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

100MW Th < P Th ≤ 300MW Th

150mg NO 2 .Nm -3 ( 1 ) ( 2 ) ( 3 )

P Th > 300MW Th

Note

(1) 450 mg NO 2 .Nm -3 for the firing of distillation and conversion residues

from the refining of crude oil for own consumption in combustion plants or

combustion plants used in chemical installations using liquid production residues

as a non commercial fuel, with a total rated thermal input not exceeding 500

MW Th which were granted a permit before 27 November 2002 or the operators of

which had submitted a complete application for permit before that date provided

that the plant was put in operation no later than 27 November 2003.

(2) 450 mg NO 2 .Nm -3 in the case of combustion plants with a rated total

thermal input ≤ 500 MW Th , if they were granted a permit prior to 27 November

2002 or the operators of which had submitted a complete application for a permit

before that date, provided that the plant was put into operation no later than 27

November 2003, and which do not operate more than 1500 operating hours per

year as a rolling average over a 5 year period.

(3) 400 mg NO 2 .Nm -3 for combustion plants with a rated thermal input >

500 MW Th . if they were granted a permit prior to the 27 November 2002 or the

operators of which had submitted a complete application for a permit before that

date, provided that the plant was put into operation no later than 27 November

2003, and which do not operate more than 1500 operating hours per year as a

rolling average over a 5 year period.

A part of a combustion plant discharging its waste gases through one or

more separate flues within a common stack and which does not operate more than

1500 operating hours per calendar year as a rolling average over a period of 5

years, may be subject to the emission limit values set out in: Notes ( 1 ) and ( 2 ) to

paragraph A for SO 2 and to the emission limit values in Notes ( 2 ) and ( 3 ) to

paragraph B for NO 2 , in relation to the total rated thermal input of the entire

combustion plant. In such cases emissions through each of those flues shall be

monitored separately.

C.

Emission limit values for dust.

Rated Thermal Input (P Th )

Emission Limit Values

30 mg dust.Nm -3

50MW Th ≤ P Th ≤ 100 MW Th

25 mg dust.Nm -3

100MW Th < P Th ≤ 300MW Th

20 mg dust.Nm -3

P Th > 300MW Th

Note

(1) The emission limit value of 50 mg dust.Nm -3 for the firing of

distillation and conversion residues from the refining of crude oil for own

consumption in combustion plants which were granted a permit before 27

November 2002 or the operator of which had submitted a complete application

for a permit before that date provide that the plant was put into operation no later

than 27 November 2003.

D.

Emission limit values for CO.

For all plants 100 mg CO.Nm -3

EMISSION LIMIT VALUES FOR LIQUID FUELS

Emission limit values expressed in mg.Nm-3 and shall be calculated at a

temperature 273 K, a pressure of 101.3 kPa and at an oxygen content of 3% to be

applied by combustion plants pursuant to regulation 6.

The emission limit values set out in this schedule apply to the emissions of

each common stack in relation to the total rated thermal input of the entire

combustion plant.

A.

Emission Limit values for SO 2 .

Rated Thermal Input (P Th )

Emission Limit Value (ELV)

350 mg SO 2 .Nm -3

50MW Th ≤ P Th ≤ 100 MW Th

200 mg SO 2 .Nm -3

100MW Th < P Th ≤ 300MW Th

150 mg SO 2 .Nm -3

P Th > 300MW Th

B.

Emission Limit values for NO X measured as NO 2 .

Rated Thermal Input (P Th )

Emission Limit Value (ELV)

300 mg NO 2 .Nm -3

50MW Th ≤ P Th ≤ 100 MW Th

150 mg NO 2 .Nm -3

100MW Th < P Th ≤ 300MW Th

100 mg NO 2 .Nm -3

P Th > 300MW Th

C.

Emission Limit values for dust.

Rated Thermal Input (P Th )

Emission Limit Value (ELV)

20 mg dust.Nm -3

50MW Th ≤ P Th ≤ 300 MW Th

10 mg dust.Nm -3

P Th > 300MW Th

D. Emission Limit value for CO.

For all plants 100 mg CO.Nm -3 .

EMISSION LIMIT VALUES FOR GASEOUS FUELS

Emission limit values expressed in mg.Nm -3 and shall be calculated at a

temperature 273 K, a pressure of 101.3 kPa and at an oxygen content of 3% (for

combustion plants other than gas turbines and gas engines) and an oxygen content

of 15% for gas engines, to be applied by combustion plants pursuant to regulation

5. The emission limit values set out in this schedule apply to the emissions of

each common stack in relation to the total rated thermal input of the entire

combustion plant.

Where emission limit values in this schedule may be applied for a part of a

combustion plant with a limited number of operating hours, those limit values shall

apply to the emissions of that part of the plant, but shall be set in relation to the

total rated thermal input of the entire combustion plant.

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 ( 1 )

Low calorific gases from coke oven

200 mg SO 2 .Nm -3 ( 1 )

Low calorific gases from blast furnace

Note

(1) 800 mg SO 2 .Nm -3 for combustion plants, firing low calorific gases

from the gasification of refinery residues, which were granted a permit prior to 27

November 2002 or the operators of which had submitted a complete application

for a permit before that date, provided that the plant was put into operation no

later than 27 November 2003.

B.

Emission Limit values for NO X .

Type of Fuel

Emission Limit Value (ELV)

Natural gas ( 1 )

100 mg NO 2 .Nm -3

200 ( 2 ) mg NO 2 .Nm -3

Blast furnace gas, coke oven gas, low

calorific gases from gasification of

refinery residues

200 ( 2 ) mg SO 2 .Nm -3

Other gases

Note

(1) Natural gas is naturally occurring methane with not more than 20% (by

volume) of inerts and constituents.

(2) 300 mg NO 2 .Nm -3 for such combustion plants with a total rated

thermal input not exceeding 500MW Th which were granted a permit before 27

November 2002 or the operator of which had submitted a complete application for

a permit before that date, provided that the plant was put in operation no later than

27 November 2003.

The limit values for gas engines shall be 100 mg NO 2 .Nm -3 .

C.

Emission Limit values for dust.

Type of Fuel

Emission Limit Value (ELV)

5 mg dust.Nm -3

In general

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

D.

Emission limit values for CO.

Emission Limit Value (ELV)

100 mg CO.Nm -3

Gas fired plants excluding gas turbines

and gas engines

The limit values in section D of this schedule do not apply to combustion

plants firing blast furnace gas, coke oven gas or low calorific gases from

gasification of refinery residues and to combustion plants firing any other gas.

The emission limit values in this schedule do not apply to gas engines that

operate less than 500 operating hours per year. The operator of such plants shall

record the used operating hours.

EMISSION LIMIT VALUES FOR GASEOUS FUELS

Emission limit values expressed in mg.Nm -3 and shall be calculated at a

temperature 273 K, a pressure of 101.3 kPa and at an oxygen content of 3% (for

combustion plants other than gas turbines and gas engines) and an oxygen content

of 15% for gas engines, to be applied by combustion plants pursuant to regulation

6. The emission limit values set out in this schedule apply to the emissions of

each common stack in relation to the total rated thermal input of the entire

combustion plant.

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 .

Emission Limit Value (ELV)

100 mg NO 2 .Nm -3

In general

The limit values for gas engines shall be 75 mg NO 2 .Nm -3 .

C.

Emission Limit values for dust.

Type of Fuel

Emission Limit Value (ELV)

5 mg dust.Nm -3

In general

10 mg dust.Nm -3

Blast furnace gas

30 mg dust.Nm -3

Gases produced by the steel industry

which can be used elsewhere

D.

Emission Limit values for CO.

Emission Limit Value (ELV)

100 mg CO.Nm -3

Gas fired plants excluding gas turbines

100 mg CO.Nm -3

Gas engines

The emission limit values in this schedule do not apply to gas engines for

emergency use that operate less than 500 operating hours per year. The operator of

such plants shall record the used operating hours.

HEAVY METAL EMISSION LIMIT VALUES

Yearly limit values for heavy metals shall be expressed in mg.Nm -3 and shall

be calculated at a temperature of 273 K, a pressure of 101.3 kPa and an oxygen

content of 6% for solid fuels and 3% for liquid fuels and shall be measured as

shown below

Heavy Metals

Emission Limit Value (ELV)

Cadmium and thallium together

Arsenic, chromium, cobalt, copper,

manganese, nickel, lead, antimony,

vanadium together

For a combustion plant firing lignite, the emissions of total mercury shall not

exceed 0.03 mg. Nm -3 .

DIOXIN AND FURAN EMISSION LIMIT VALUES

The limit values for dioxins and furans of the combustion plants firing solid

or liquid fuels shall be set for total dioxin and furan concentration and shall be

normalized at a temperature of 273 K, a pressure of 101.3 kPa and an oxygen

content of 6% for solid fuels and 3% for liquid fuels. Total dioxin and furan

concentration is calculated by determining the concentration of the substances in

the table below, multiplying these by the equivalence factors in the same table and

then summing up the products of substance concentration and equivalence factor.

Substance

Equivalence Factor

2,3,7,8-Tetrachlordibenzodioxin (TCDD)

1,2,3,7,8-Pentachlordibenzodioxin (PeCDD)

0.5

1,2,3,4,7,8-Hexachlordibenzodioxin (HxCDD)

0.1

1,2,3,7,8,9-Hexachlordibenzodioxin (HxCDD)

0.1

1,2,3,6,7,8-Hexachlordibenzodioxin (HxCDD)

0.1

1,2,3,4,6,7,8-Heptachlordibenzodioxin (HpCDD)

0.01

Octachlordibenzodioxin (OCDD)

0.001

2,3,7,8-Tetrachlordibenzofuran (TCDF)

0.1

2,3,4,7,8-Pentachlordibenzofuran (PeCDF)

0.5

1,2,3,7,8-Pentachlordibenzofuran (PeCDF)

0.05

1,2,3,4,7,8-Hexachlordibenzofuran (HxCDF)

0.1

1,2,3,7,8,9-Hexachlordibenzofuran (HxCDF)

0.1

1,2,3,6,7,8-Hexachlordibenzofuran (HxCDF)

0.1

2,3,4,6,7,8-Hexachlordibenzofuran (HxCDF)

0.1

1,2,3,4,6,7,8-Heptachlordibenzofuran (HpCDF)

0.01

1,2,3,4,7,8,9-Heptachlordibenzofuran (HpCDF)

0.01

Octachlordibenzofuran (OCDF)

0.001

EMISSION LIMIT VALUES FOR GAS TURBINES

Emission limit values expressed in mg.Nm -3 and shall be calculated at a

temperature 273 K, a pressure of 101.3 kPa and at an oxygen content of 15%, to be

applied by gas turbines pursuant to regulation 8(1). The limit values apply only

above 70% load.

The emission limit values set out in this schedule apply to the emissions of

each common stack in relation to the total rated thermal input of the entire

combustion plant.

Where emission limit values in this schedule may be applied for a part of a

combustion plant with a limited number of operating hours, those limit values shall

apply to the emissions of that part of the plant, but shall be set in relation to the

total rated thermal input of the entire combustion plant.

A.

Emission limit values for NO x .

Fuels

Emission Limit Value (ELV)

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

Natural gas (naturally occurring

methane with not more than 20% (by

volume) of inerts and other

constituents)

90 mg NO 2 .Nm -3 ( 4 )

Liquid fuels (emission limit value

applies to gas turbines firing light and

middle distillates)

120 mg NO 2 .Nm -3 ( 4 )

Gaseous fuels other than natural gas

Note

(1) 75 mg NO 2 .Nm -3 in the following cases, where the efficiency of the

gas turbine is determined at ISO base load conditions

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%;

c.

gas turbines for mechanical drives.

(2) 1.42η mg NO 2 .Nm -3 (where η is the gas turbine efficiency expressed as

a percentage and at ISO base load conditions) for single gas turbines not falling

into any of the above categories mentioned under note (1), but having an

efficiency greater than 35% (determined at ISO base load conditions).

(3) 150 mg NO 2 .Nm -3 for gas turbines (including CCGT) which were

granted a permit before 27 November 2002 or the operators of which submitted a

complete application for a permit before the date, provided that the plant was put

into operation no later than 27 November 2003 and which do not operate more

than 1500 hours per year as a rolling average over a period of 5 years.

(4) 200 mg NO 2 .Nm -3 for gas turbines (including CCGT) which were

granted a permit before 27 November 2002 or the operators of which submitted a

complete application for a permit before the date, provided that the plant was put

into operation no later than 27 November 2003 and which do not operate more

than 1500 hours per year as a rolling average over a period of 5 years.

A part of a combustion plant discharging its waste gases through one or

more separate flues within a common stack and which does not operate more than

1500 operating hours per calendar year as a rolling average over a period of 5

years, may be subject to the emission limit values set out in Notes ( 3 ) and ( 4 ) to

paragraph B in relation to the total rated thermal input of the entire combustion

plant. In such cases emissions through each of those flues shall be monitored

separately.

B.

Emission limit values for CO.

Fuels

Emission Limit Value (ELV)

100 mg CO.Nm -3

Liquid fuels (emission limit value

applies to gas turbines firing light and

middle distillates)

100 mg CO.Nm -3

Natural gas (naturally occurring

methane with not more than 20% (by

volume) of inerts and other

constituents)

The limit values in part B of this schedule do not apply to gas turbines firing

gaseous fuel unless the fuel is natural gas.

Gas turbines for emergency use that operate less than 500 operating hours per

year are not covered by the emission limit values set out in this schedule. The

operation of such plants shall record the used operating hours.

EMISSION LIMIT VALUES FOR GAS TURBINES

Emission limit values expressed in mg.Nm -3 and shall be calculated at a

temperature 273 K, a pressure of 101.3 kPa and at an oxygen content of 15%, to be

applied by gas turbines pursuant to regulation 8(2). The limit values apply only

above 70% load.

The emission limit values set out in this schedule apply to the emissions of

each common stack in relation to the total rated thermal input of the entire

combustion plant.

A.

Emission limit values for NO x .

Fuels

Emission Limit Value (ELV)

50 mg NO 2 .Nm -3 ( 1 )

Gaseous Fuels including (CCGT)

50 mg NO 2 .Nm -3

Liquid fuels (emission limit value

applies to gas turbines firing light and

middle distillates)

(1) 1.42η mg NO2. Nm-3 (where η is the gas turbine efficiency expressed

as a percentage and at ISO base load conditions) for single cycle gas

turbines having an efficiency greater than 35% - determined at ISO base

load conditions.

B.

Emission limit values for CO.

Fuels

Emission Limit Value (ELV)

100 mg CO.Nm -3

Gaseous Fuels including (CCGT)

100 mg CO.Nm -3

Liquid fuels (emission limit value

applies to gas turbines firing light and

middle distillates)

Gas turbines for emergency use that operate less than 500 operating hours per

year are not covered by the emission limit values set out in this schedule. The

operation of such plants shall record the used operating hours.

LIST OF PAHs TO BE MEASURED AS PER REGULATION 15

Naphthalene

Anthracene

Phenatrene

Flouranthene

Benzo(a)anthracene

Chrysene

Benzo(a)pyrene

Benzo(ghi)perylene

Benzo(k)fluoranthene

Indeno(1,2,3-cd)pyrene

Sum of the 10 PAHs above

DEROGATIONS AS PER REGULATION 13

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.

REQUIREMENTS FOR THE AUTOMATED MEASURING SYSTEMS

AND FOR THE VALIDATION OF RESULTS

1. All sampling, analysis and measurement of the pollutants and the

measurement of the relevant process parameters as well as the quality assurance of

automated measurement systems and the reference methods to calibrate those

systems shall be carried out according to CEN standards, in their absence ISO

standards or standards from any EU Member State can be used if they ensure the

provision of data of an equivalent scientific quality.

2. Automated measuring systems shall be subject to control by means of

parallel measurements with the reference method at least once a year. The results

of the verification of the automated measurement systems together with any

relevant certification shall be forwarded to the competent authority.

3. The value of the 95% confidence interval of a single measured result

shall not exceed the following percentages of the emission limit values

Carbon monoxide

10%

Sulphur dioxide

20%

Nitrogen oxides

20%

Total dust

30%

4. The validated hourly and daily mean values shall be determined from

the measured hourly average values after having subtracted a factor determined

according to the procedure established by the relevant part of EN14181 and which

shall in no case exceed the 95% confidence interval specified in 3 above.

5. 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.

6. Combustion plants firing natural gas shall be exempt from the

monitoring of SO 2 .

INFORMATION TO BE REPORTED WITH THE EMISSIONS INVENTORY

Emissions inventories prepared by the operator under Regulation 19, shall

include the following information

Name of the Installation;

Name of the combustion plant;

Date of the start of operation of the combustion plant;

The type of fuel fired by 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 rated thermal input of the combustion plant (MW Th );

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

d = 12

avg

× [P]

(WGF m

)

m

d = 1

Where

WGF m is the monthly waste gas flow rate in Nm 3

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

and the;

11 Total annual operating hours of the combustion plant (hours).

INFORMATION TO BE REPORTED WITH THE OPERATING TIME

Reports on combustion plants operating time prepared by the operator under

regulation 19, 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

€2.16

94 - O s

×

×

×

× [P] M

[P] s =

P

100 - W

20.94 - O M

Where

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

conditions.

[P] M is the mass concentration of the pollutant measured at the

temperature T in Kelvin (K), at a Pressure P in kilopascal (kPa), at a

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

oxygen content of O M .

T is the actual flue gas temperature in K.

P is the actual flue gas pressure in kPa.

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

O S is the standard oxygen content by volume in the waste gas

which shall be 3% in the case of liquid and gaseous fuels, 6% in the

case of solid fuels and 15% in the case of gas turbines or gas engines.

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

"maximum continuous rating" means the maximum output in

MW E that a generating plant is capable of producing continuously

under normal operating conditions over a period of time which

shall not be less than one year;

"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

(MW Th );

"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 Nm 3 .hr -1 .

3. (1) Waste gases from combustion plants shall be

discharged in a controlled way by means of a stack, containing one or

more flues, the height of which is calculated in such a way to

safeguard human health and the environment.

(2) The minimum stack height shall be calculated using the

dispersion modelling software and procedures deemed appropriate by

the competent authority.

(3) For combustion plants permitted after 07 January 2013, the

minimum stack height which shall be established during the initial

permitting process, shall be such that the contribution from these

combustion plants does not exceed 3% of the limit values in Annex 7

of the Ambient Air Quality Regulations, for the pollutants specified

therein.

4. (1) Permits for combustion plants which have been

granted a permit before the 07 January 2013, or the operators of

which have submitted a complete application for a permit before that

date, provided that such plants are put into operation no later than 07

January 2014 shall include conditions related to emission limit values

which shall not be higher than those in

(a)

Schedule I for plants firing solid fuels; and

(b)

Schedule III for plants firing liquid fuels; and

(c)

Schedule V for plants firing gaseous fuels.

(2) Sub-regulation (1) shall be applicable as from 01 January

2016 for combustion plants which were permitted or in operation

after 06 January 2011 and before 7 January 2013; prior to 1 January

2016, permits for such combustion plants shall include limit values

which shall not be higher than those set in Schedules I to VII of the

Large Combustion Plant Regulations, 2010, as applicable.

2010. (3) Sub-regulation (1) shall be applicable as from 01 January

2020 for combustion plants which were permitted or in operation on

06 January 2011; prior to 1 January 2020, permits for such

combustion plants shall include limit values which shall not be higher

than those set in Schedules I to VII of the Large Combustion Plant

2010. Regulations, 2010, as applicable.

5. Permits for combustion plants not covered by regulation

4(1) shall include conditions related to emission limit values which

shall not be higher than those in

(a)

Schedule II for plants firing solid fuels; and

(b)

Schedule IV for plants firing liquid fuels; and

(c)

Schedule VI for plants firing gaseous fuels.

6. (1)

The limit values in regulations 4 and 5 are not Applicability of

limit values.

applicable to

(a)

diesel engines irrespective of the fuel; and

(b) recovery

boilers

within

installations

for

the

production of pulp.

7. Permits for combustion plants firing solid and liquid fuels, Heavy metal

shall include conditions relating to compliance with the emission and

furan limit

limit values for

values.

(a)

the heavy metals in Schedule VII; and

(b)

the dioxins and furans in Schedule VIII.

8. (1) Permits for gas turbines which have been granted a Conditions for

permit before the 07 January 2013, or the operators of which have gas turbines.

submitted a permit before that date, provided that such plants are put

into operation no later than 07 January 2014 shall include conditions

related to emission limit values which shall not be higher than those

in Schedule IX.

(2) Permits for other gas turbines outside the scope of sub-

regulation (1) shall include conditions related to emission limit

values, which shall not be higher than those in Schedule X.

9. (1) If a combustion plant is extended, the emission limit Extension or

values set out in regulation 5 and in regulation 8(2) shall apply to the modification

a combustion

extended part of the plant affected by the change and shall be set in plant.

relation to the total rated thermal input of the entire combustion plant.

(2) In the case of a change to a plant, which may have

consequences for the environment and which affects part of the plant

having a rated thermal input of 50 MW Th or more, the emission limit

values set out in regulation 5 shall apply to the part of the plant which

has changed in relation to the total rated thermal input of the whole

plant.

(3) The applicable limit value for carbon monoxide shall in no

case be higher than 100 mg CO. Nm -3 .

10. Notwithstanding the provisions in regulations 3, 4, 5 and 6,

the competent authority may impose limit values stricter than the

ones in these regulations or impose emission limit values on plants

exempt from this requirement through regulation 1(3) or through

regulation 9 in order to ensure compliance with

(a)

the Ambient Air Quality Regulations, and any

subsequent regulations dealing with the ambient levels of

atmospheric pollutants;

(b) any other regulations made under the Environment

and Development Planning Act and deemed relevant by the

competent authority.

11. (1) Combustion plants within the scope of these

regulations may be exempt from compliance with the limit values

referred to in regulation 4 if the operator of these plants undertakes in

a written declaration submitted to the competent authority by 01

October 2014, not to operate the plant for more than 17,500 hours,

starting from the 01 January 2016 and ending no later than 31

December 2023.

(2) The operator shall forward to the competent authority the

information listed in Schedule XV together with the number of

operating hours since January 2016 using the equation in the same

Schedule.

(3) Combustion plants made up of more than one combustion

unit shall be considered to be in operation when any part of them

operates, irrespective of the load factor.

(4) Combustion plants under the derogation in sub-regulation

(1) shall at least comply with the limit values for sulphur dioxide,

nitrogen oxides and dust set out in the permit applicable on the 31

December 2015 issued in compliance with the requirements of the

Large Combustion Plants Regulations, and the Integrated Pollution

2010. Prevention and Control Regulations.

2002. (5) If the combustion plant within the scope of sub-regulation

(1) accounts for at least 35% of the electricity supply in Malta in 06

January 2011, and is incapable due to its technical characteristics to

comply with the limit values in regulation 4, then the operating hours

referred to in sub-regulation (1) shall be extended to 18,000 hours to

be used from the 01 January 2020 and to be used up by no later than

31 December 2023. In this case the operator shall submit the written

declaration to the competent authority by 01 October 2019 and shall

start reporting the number of operating hours used up since 01

January 2020.

12. (1) The operators of combustion plants having a rated Geological

electrical output of 300 MW or more and which were permitted after storage

carbon dioxide.

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) are met, the

competent authority shall ensure that the permits 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.

13. (1) Permits for combustion plants within the scope of Emergency

these regulations, shall include conditions on procedures relating to considerations.

malfunction or break down of abatement equipment.

(2) In the case of a break down or malfunction of any

abatement equipment, 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 operations is not achieved within twenty-four hours.

(3) The competent authority shall be notified within forty-

eight hours of the occurrence of such break down or malfunction.

(4) In no circumstance shall the cumulative duration of

unabated operations in any twelve month period exceed one hundred

and twenty hours. The Director of Environment Protection and any

officials to whom this role is delegated may allow exceptions to the

limits of twewnty-four hours and one hundred and twenty hours

above, in cases where in his judgment

(a)

there is an overriding need to maintain energy

supplies; or

(b) the plant with the break down would be replaced for

a limited period by another plant which would cause an overall

increase in emissions.

(5) The Director of Environment Protection and any officials

to whom this role is delegated may allow a suspension for a

maximum of six months from the obligation to comply with the

emission limit values provided for in regulations 4 and 5 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 of Environment Protection and any officials

to whom this role is delegated may allow a suspension for a

maximum of six months from the obligation to comply with the

emission limit values provided for in regulations 4 and 5 for sulphur

dioxide 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 ten 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.

(7) In the cases mentioned in sub-regulations (5) and (6), the

operator shall inform the Director of Environment Protection 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

deemed necessary by the competent authority. The competent

authority shall at its discretion issue a temporary derogation

according to the provisions of the above mentioned sub-regulations in

accordance with the notification referred to in Schedule XII. 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.

14. 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 and VI as applicable;

(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.

15. (1) The operator shall monitor the concentrations of Monitoring.

sulphur dioxide, oxides of nitrogen, dust, carbon monoxide, heavy

metals (in accordance with Schedule VII), dioxins and furans (in

accordance with Schedule VIII) polycyclic aromatic hydrocarbons -

PAHs (in accordance with Schedule XI) in the waste gases of the

combustion plants within the scope of these regulations.

(2) Concentrations of sulphur dioxide, oxides of nitrogen, dust

and of carbon monoxide shall be monitored continuously.

(3) The installation and functioning of the automated

measuring equipment shall be subject to control and annual

surveillance tests as set out in Schedule XIII.

(4) The operator shall make sure that all monitoring results are

recorded, processed and presented in such a way as to enable the

competent authority to verify compliance with the operating

conditions and emission limit values which are included in the permit.

To this end the permit shall include a template, which is to be used by

the operator in order to report the monitoring results to the competent

authority.

(5) In addition to the parameters in sub-regulation (2), 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.

(6) The operator shall monitor the flue gases of the

combustion plants within the scope of these regulations

discontinuously for heavy metals, PAHs and dioxins and furans.

(7) With the exception of dioxins and furans, discontinuous

measurements shall be carried out at least every six months for a

minimum sampling time of at least six hours.

(8) Dioxins and furans shall be measured discontinuously at

least once yearly. The minimum sampling time shall be of six hours.

(9) The competent authority may waive the requirement for

the measurement of dioxins and furans if it results that the

concentration of dioxins and furans in the waste gases of the

combustion plants is consistently below the limit value stipulated by

the permit.

(10) Combustion plants using gas or light and middle distillates

as their fuel shall not be required to monitor for dioxins and furans,

heavy metals and PAHs.

(11) 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.

(12) 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.

(13) Automated measuring systems are subject to the

requirements in Schedule XIII.

16. 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.

17. The limit values set out in Schedules I, II, III, IV, V, VI,

VII, VIII, IX, and X shall be regarded as having been complied with

if the evaluation of results indicates, for operating hours within a

calendar year, that all the following conditions have been met

(a)

no validated monthly average value exceeds the

relevant emission limit values set out in Schedules I, II, III, IV,

V, VI, VII, VIII, IX and X; and

(b) no validated daily average value exceeds 110% of

the relevant emission limit values set out in Schedules I, II, III,

IV, V, VI, VII, VIII, IX and X; and

(c)

validated average values are determined as set out in

paragraph 3 of Schedule XIII.

For the purpose of the calculation of the average emission

values, the values measured during the periods referred to in

regulation 13 as well as during start up and shut down periods shall be

disregarded.

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

on a combustion plant by combustion plant basis taking into account obligations.

the definition in regulation 2. The inventory shall include the energy

input, and the loads of sulphur dioxide, nitrogen oxides and dust (as

total suspended particulates). 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) The emissions inventory shall include the information in

Schedule XIV.

(3) For combustion plants operating on the derogation in

regulation 4(2), 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 XV.

19. A person shall be guilty on an offence under these Offences under

these

regulations if

regulations.

(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 acts in contravention of any of the provisions of

these regulations; or

(d) he conspires or attempts, or aids, or abets, any other

person by whatever means, including advertising, counselling

or procurement to contravene the provisions of these regulations

or to fail to comply with any such provisions, including any

order lawfully given in terms of any of the provision of these

regulations, or to contravene any restriction, prohibition or

requirement imposed by or under the said regulations.

20. Any person who commits an offence against these Penalties.

regulations shall, on conviction, be liable

(a)

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

twenty-three thousand euro (€23,000) and not exceeding two

hundred and thirty-three thousand euro (€233,000) or to

imprisonment for a term not exceeding two years or both such

fine and imprisonment;

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

(multa) of not less than forty-six thousand euro (€46,000) and

not exceeding four hundred and sixty-six thousand euro

(€466,000) or to imprisonment for a term not exceeding two

years, or to both such fine and imprisonment

Provided that whenever any person is found guilty of

committing an offence under these regulations by means of a vehicle,

the owner of the said vehicle, where applicable, is held liable in the

same manner and degree

Provided further that the court shall order any person who has

been found guilty of committing an offence against these regulations

to pay for the expenses incurred by the 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, including the

vehicle, if applicable.

The provisions of article 23 and 30(1) 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 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.

Schedules I to XV to these regulations are being published

in the English language in the English text of these regulations.

(1) The Large Combustion Plants Regulations, 2010, Revocation of

Large

hereinafter referred to as "the revoked regulations", are revoked with the

Combustion

effect from 1 January 2016; however regulations 1(3)(j), 3 and 4 as Plants

Regulations,

well as Schedules I to VII of the revoked regulations shall be 2010.

applicable to the combustion plants within the scope of regulation L.N.

172 of

2010. 5(3) of these regulations, until the 01 January 2020.

(2) References to the revoked regulations shall be construed as

references to these regulations.