12 tal-2013

L.N. 12 of 2013

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Industrial Emissions (Limitation of Emissions of Volatile

Organic Compounds) 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

Emissions (Limitation of Emissions of Volatile Organic Compounds)

Regulations, 2013.

(2) These regulations shall be deemed to have come into force

on the 7th January, 2013.

(1) 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).

(2) These regulations also provide for the implementation of

the Industrial Emissions (Framework) Regulations, 2013.

(3) These regulations lay down rules for the prevention and

control of pollution arising from the use of organic solvents in certain

activities and installations. 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.

These regulations shall apply to the activities defined in

Schedule I, and, where applicable, reaching the solvent consumption

thresholds listed in Schedule II.

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;

"consumption" means the total input of organic solvents into an

installation per calendar year, or any other twelve-month period, less

any volatile organic compounds that are recovered for re-use;

"contained conditions" means conditions under which an

installation is operated such that the volatile organic compounds

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;

"existing installation" means an installation in operation on 29

March 1999 or which was granted a permit or registered before 1

April 2001 or the operator of which submitted a complete application

for a permit before 1 April 2001, provided that that installation was

put in operation no later than 1 April 2002;

"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 II, solvents contained in any

products. These include uncaptured emissions released to the outside

environment via windows, doors, vents and similar openings;

"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;

"mass flow" means the quantity of volatile organic compounds

released, in unit of mass/hour;

"mixture" means mixture as defined in Article 3(2) of

Regulation (EC) No 1907/2006 of the European Parliament and of the

Council of 18 December 2006 concerning the Registration,

Evaluation, Authorisation and Restriction of Chemicals (REACH)

and establishing a European Chemicals Agency;

"new installation" means any installation other than those

defined under the definition of "existing installation";

"normal operation" means all periods of operation of an

installation or activity except start-up and shutdown operations and

maintenance of equipment;

"re-use" 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;

"start-up and shut-down operations" means operations

excluding regularly oscillating activity phases whilst bringing an

activity, an equipment item or a tank into or out of service or into or

out of an idling state;

"total emissions" means the sum of fugitive emissions and

emissions in waste gases;

"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 competent authority shall ensure that substances or

mixtures which, because of their content of volatile organic

compounds classified as carcinogens, mutagens, or toxic to

reproduction under Regulation (EC) No 1272/2008, are assigned or

need to carry the hazard statements H340, H350, H350i, H360D or

H360F shall be replaced, as far as possible, by less harmful

substances or mixtures within the shortest possible time.

(1) The competent authority shall ensure by

specification in the conditions of the permit that sub-regulations (2) to

(9) 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 Schedules II and III; or

(b) the requirements of the reduction scheme specified

in Schedule V, provided that an equivalent emission reduction is

achieved compared to that achieved through the application of

the emission limit values referred to in paragraph (a).

(3) (a)

By way of derogation from sub-regulation (2)(a),

where the operator demonstrates to the competent authority that for

an individual installation the emission limit value for fugitive

emissions is not technically and economically feasible, the competent

authority may allow emissions to exceed that emission limit value

provided that significant risks to human health or the environment are

not to be expected and that the operator demonstrates to the

competent authority that the best available techniques are being used.

(b) By way of derogation from sub-regulation (2), for

coating activities covered by item 8 of Schedule II which cannot be

carried out under contained conditions, the competent authority may

allow the emissions of the installation not to comply with the

requirements set out in that paragraph if the operator demonstrates to

the competent authority that such compliance is not technically and

economically feasible and that the best available techniques are being

used.

(4) The emissions of either volatile organic compounds which

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

H350i, H360D or H360F or halogenated volatile organic compounds

which are assigned or need to carry the hazard statements H341 or

H351, shall be controlled under contained conditions as far as

technically and economically feasible to safeguard public health and

the environment and shall not exceed the relevant emission limit

values set out in sub-regulations (7) and (8).

(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 regulation 5,

meet the requirements of that regulation for each activity

individually;

(b)

as regards all other substances, either

(i) meet the requirements of sub-regulation (2)

for each activity individually; or

(ii) have total emissions not exceeding those that

would have resulted had sub-paragraph (i) been applied.

(6) All appropriate precautions shall be taken to minimize

emissions of volatile organic compounds during start-up and shut-

down operations.

(7) The competent authority shall ensure that for discharges of

the volatile organic compounds referred to in regulation 5, where the

mass flow of the sum of the compounds causing the labelling referred

to in that regulation is greater than, or equal to 10 g/h, an emission

limit value of 2 mg/Nm 3 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 volatile organic compounds which are assigned the

hazard statements H341 or H351, where the mass flow of the sum of

these compounds is greater than, or equal to, 100 g/h, an emission

limit value of 20 mg/Nm 3 shall be complied with. The emission limit

value refers to the mass sum of the individual compounds. The

discharge of volatile organic compounds referred to in this sub-

regulation and regulation 5 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 volatile organic compounds which, after the entry into force of

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

mentioned in regulation 5 and sub-regulation (8), shall have to

comply with the emission limit values mentioned in sub-regulations

(7) and (8) respectively, within the shortest possible time.

(1) 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.

(2) 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) 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 twenty-four 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.

(2) 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.

(3) The competent authority shall ensure that compliance with

the provisions of regulation 6(7) and (8) 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:P

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.

(1) The competent authority shall request the operator Reporting on

of an installation covered by these regulations to supply to it once a compliance.

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

to verify compliance with either of the following

(a)

emission limit values in waste gases, fugitive

emission limit values and total emission limit values;

(b) the requirements of the reduction scheme under

Schedule V;

(c)

the derogations

granted

in

accordance

with

regulation 6(3)(a) and (b).

This may include a solvent management plan prepared in

accordance with Schedule IV.

(1) A change of the maximum mass input of organic Substantial

solvents by an existing installation averaged over one day, where the change

existing

installation is operated at its design output under conditions other installations.

than start-up and shut-down operations and maintenance of

equipment, shall be considered as substantial if it leads to an increase

of emissions of volatile organic compounds of more than

(a)

25% for an installation carrying out either activities

which fall within the lower threshold band of items 1, 3, 4, 5, 8,

10, 13, 16 or 17 of the table in Schedule II, or activities which

fall under one of the other items of Schedule II, and with a

solvent consumption of less than 10 tonnes per year;

(b)

10% for all other installations.

(2) Where an existing installation undergoes a substantial

change, or falls 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.

(3) In case of a substantial change, the competent authority

shall check compliance with the requirements of these regulations.

(1) Without prejudice to the Freedom of Access to

Information on the Environment Regulations, the competent authority

shall take the necessary measures to ensure that applications for

permits 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 permit, and any subsequent updates, shall also

be made available to the public. The general binding rules applicable

for installations and the list of installations subject to permitting and

registration shall be made available to the public.

(2) The results of emission-monitoring as required under the

permit conditions referred to in regulations 8 and 9 and held by the

competent authority shall be made available to the public.

(3) Sub-regulations (1) and (2) 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.

Any person shall be guilty of 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.

Any person who commits an offence under 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 greater than two

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

imprisonment for a term not exceeding two years, or to 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 greater than 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 competent

authority 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.

(1) The provisions of articles 23 and 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 obtain a permit 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 judgement given by the Court of

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

proceedings for any offence against these regulations.

(1) The Limitation of Emissions of Volatile Organic

Compounds Regulations, 2010, hereinafter referred to as "the

revoked regulations" are revoked with effect from 7 January 2014.

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

2010. references to these regulations.

2010.

(1) The provisions of these regulations shall apply from

7 January 2014 to installations carrying out the activities referred to

in Schedule 1 of the Integrated Pollution Prevention and Control

Regulations, 2002, which are in operation and hold a permit before 7

January 2013, or the operators of which have submitted a complete

application for a permit before that date, provided that those

2002. installations are put into operation no later than 7 January 2014.

2002. (2) The provisions of these regulations shall apply from 7 July

2015 for installations carrying out the activities referred to in

Schedule 1 of subsidiary legislation relating to Integrated Pollution

Prevention and Control which are not covered by sub-regulation (1),

and which are in operation before 7 January 2013. Such installations

shall apply to the competent authority for a permit by 7 July 2013 at

2002. the latest.

2002. (3) The provisions of regulation 5 shall apply from 1 June

2015. Until that date, substances or mixtures which, because of their

content of volatile organic compounds classified as carcinogens,

mutagens, or toxic to reproduction under Regulation (EC) No 1272/

2008, are assigned or need to carry the hazard statements H340,

H350, H350i, H360D or H360F or the risk phrases R45, R46, R49,

R60 or R61, shall be replaced, as far as possible, by less harmful

substances or mixtures within the shortest possible time.

(4) The provisions of regulation 6(4) shall apply from 1 June

2015. Until that date, the emissions of either volatile organic

compounds which are assigned or need to carry the hazard statements

H340, H350, H350i, H360D or H360F or the risk phrases R45, R46,

R49, R60 or R61 or halogenated volatile organic compounds which

are assigned or need to carry the hazard statements H341 or H351 or

the risk phrases R40 or R68, shall be controlled under contained

conditions, as far as technically and economically feasible, to

safeguard public health and the environment and shall not exceed the

relevant emission limit values set out in regulation 6(7) and (8).

(5) The provisions of regulation 6(8) shall apply from 1 June Emission limit

2015. Until that date, for emissions of halogenated volatile organic values

to volatile

compounds which are assigned or need to carry the hazard statements organic

compounds with

H341 or H351 or the risk phrases R40 or R68, where the mass flow of specific hazard

the sum of the compounds causing the hazard statements H341 or statements

risk phrases.

H351 or the labelling R40 or R68 is greater than, or equal to, 100 g/h,

an emission limit value of 20 mg/Nm 3 shall be complied with. The

emission limit value refers to the mass sum of the individual

compounds.

(6) Permits issued under the revoked regulations shall be Validity of

construed as valid under their term of expiry or until superseded by a existing

under the

permit issued under these regulations.

revoked

regulations.

Schedule I

Technical provisions relating to installation and activities using organic solvents

This Schedule contains the categories of activity referred to in regulation 3.

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.

1. 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.

2. Coating activity

Any activity in which a single or multiple application of a continuous film of

a coating is applied to

(a)

either of the following vehicles

(i) new cars, defined as vehicles of category M1 in Directive

2007/46/EC of the European Parliament and of the Council of 5

September 2007 establishing a framework for the approval of motor

vehicles and their trailers, and of systems, components and separate

technical units intended for such vehicles and of category N1 in so far

as they are coated at the same installation as M1 vehicles;

(ii) 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 Directive 2007/46/EC;

(iii) vans and trucks, defined as vehicles of categories N1, N2

and N3 in Directive 2007/46/EC, but not including truck cabins;

(iv) buses, defined as vehicles of categories M2 and M3 in

Directive 2007/46/EC;

(v) trailers, defined in categories O1, O2, O3 and O4 in

Directive 2007/46/EC;

(b) metallic and plastic surfaces including surfaces of airplanes,

ships, trains, etc.;

(c)

wooden surfaces;

(d)

textile, fabric, film and paper surfaces;

(e)

leather.

Coating activities do 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. However, printing activities operated

as a separate activity are not included, but may be covered by Chapter V of the

Directive if the printing activity falls within the scope thereof.

3. 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.

4. Dry cleaning

Any industrial or commercial activity using volatile organic compounds 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.

5. Footwear manufacture

Any activity of producing complete footwear or parts thereof.

6. Manufacturing of coating mixtures, varnishes, inks and adhesives The

manufacture of the above final products, and 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.

7. 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.

8. Printing

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

(a)

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;

(b) heatset web offset - 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;

(c)

laminating associated to a printing activity - the adhering together

of two or more flexible materials to produce laminates;

(d) publication rotogravure - a rotogravure printing activity used for

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

using toluene-based inks;

(e)

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;

(f)

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 into the machine from a reel as

distinct from separate sheets;

(g) 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.

9. Rubber conversion

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

vulcanisation of natural or synthetic rubber and any ancillary operations for

converting natural or synthetic rubber into a finished product.

10. 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.

11. Vegetable oil and 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.

12. Vehicle refinishing

Any industrial or commercial coating activity and associated degreasing

activities performing either of the following

(a)

the original coating of road vehicles as defined in Directive 2007/

46/EC or part of them with refinishing-type materials, where this is carried

out away from the original manufacturing line;

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

Directive 2007/46/EC).

13. Winding wire coating

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

transformers and motors, etc.

14. Wood impregnation

Any activity giving a loading of preservative in timber.

15. Wood and plastic lamination

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

products

Schedule II

Thresholds and emission limit values

The emission limit values in waste gases shall be calculated at a temperature

of 273,15 K, and a pressure of 101,3 kPa.

Activity

Threshold Emission Fugitive emission

(solvent

limit values

Total emission

(solvent

limit

consumption consum-

(percentage of

limit values

values in

threshold in

solvent input)

ption

Special provisions

waste

tonnes/year) threshold

New Existing New Existing

gases

(mg

in tonnes/ C/Nm 3 ) installa- installa- installa- installa-

year)

tions

tions

tions

tions

1 )

( 1 ) Solvent residue in

Heatset web 15 - 25

30 (

offset

finished product is not to

printing

be considered as part of

30 ( 1 )

(> 15)

> 25

fugitive emissions.

Publication

rotogravure

(> 25)

( 1 ) Threshold for rotary

Other

15 - 25

rotogravure,

screen printing on textile

flexography,

> 25

and on cardboard.

rotary screen

1 )

printing,

> 30 (

laminating or

varnishing

units (> 15)

rotary screen

printing on

textile/

cardboard (>

30)

20 ( 1 )

( 1 ) Limit value refers to

Surface

1- 5

cleaning

mass of compounds in

20 ( 1 )

mg/Nm 3 , and not to total

using

> 5

compounds

carbon.

spec ified in

regulation

6(4).

(> 1)

75 ( 1 )

20 ( 1 )

( 1 ) Installations which

Other surface

2 - 10

cleaning

demonstrate to the

competent authority that

75 ( 1 )

15 ( 1 )

(> 2)

> 10

the average organic

solvent content of all

cleaning material used

does not exceed 30% by

weight are exempt from

application of these

values.

50 ( 1 )

( 1 ) Compliance in

Ve h i c l e

> 0,5

coating (< 15)

accordance

with

and vehicle

regulation 8(2) shall be

refinishing

demonstrated based on 15

minute

average

measurements.

50 ( 1 )

( 1 ) For installations which

Coil coating

use techniques which

(> 25)

allow reuse of recovered

solvents, the emission

limit value shall be 150.

Activity

Threshold Emission Fugitive emission

(solvent

limit values

Total emission

(solvent

limit

consumption consum-

(percentage of

limit values

values

in

threshold in

solvent input)

ption

Special provisions

waste

tonnes/year) threshold

New Existing New Existing

gases

(mg

in tonnes/ C/Nm 3 ) installa- installa- installa- installa-

year)

tions

tions

tions

tions

100 ( 1 ) ( 4 )

25 ( 4 )

( 1 ) Emission limit value

Other

5 - 15

coating,

applies to coating

50/75 ( 2 )

20 ( 4 )

including

> 15

application and drying

metal, plastic,

processes operated under

textile ( ),

contained conditions.

fabric, film

( 2 ) The first emission

and paper

limit value applies to

coating

drying processes, the

second to coating

(> 5)

application processes.

( 3 ) For textile coating

installations which use

techniques which allow

reuse of recovered

solvents, the emission

limit value applied to

coating application and

drying processes taken

together shall be 150.

( 4 ) Coating activities

which cannot be carried

out under contained

conditions (such as

shipbuilding, aircraft

painting)

may

be

exempted from these

values, in accordance with

regulation 6(3)(b).

(5) Rotary screen printing

on textile is covered by

activity No 3.

( 1 )

Winding wire

10 g/kg

Applies

for

( 1 )

coating

installations where

average diameter of wire

(> 5)

5 g/kg

≤ 0,1 mm.

( 2 )

( 2 ) Applies for all other

installations.

100 ( 1 )

( 1 ) Emission limit value

C o a t i n g o f 15 -25

wooden

applies to coating

surfaces

application and drying

processes operated under

(> 15)

> 25

50/75 ( )

contained conditions.

( 2 ) The first value applies

to drying processes, the

second to coating

application processes.

( 1 ) Expressed in mass of

Dry cleaning

20 g/kg

solvent emitted per

kilogram of product

cleaned and dried.

( 2 ) The emission limit

value in regulation 6(8)

does not apply for this

activity.

( 1 ) Emission limit value

Wo o d

100 ( )

11 kg/

m 3

impregnation

does not apply for

impregnation

with

(> 25)

creosote.

Activity

Threshold Emission Fugitive emission

(solvent

limit values

Total emission

(solvent

limit

consumption consum-

(percentage of

limit values

values

in

threshold in

solvent input)

ption

Special provisions

waste

tonnes/year) threshold

New Existing New Existing

gases

(mg

in tonnes/ C/Nm 3 ) installa- installa- installa- installa-

year)

tions

tions

tions

tions

85 g/m 2

C o a t i n g o f 10 -25

Emission limit values are

leather

expressed in grams of

solvent emitted per m 2 of

75 g/m 2

(> 10)

> 25

product produced.

( 1 ) For leather coating

activities in furnishing

> 10 ( 1 )

150 g/

and particular leather

m

goods used as small

consumer goods like bags,

belts, wallets, etc.

Footwear

25 g per

Total emission limit value

manufacture

pair

is expressed in grams of

solvent emitted per pair of

(> 5)

complete

footwear

produced.

30 g/m 2

Wo o d a n d

plastic

lamination

(> 5)

50 ( 1 )

( 1 ) If techniques are used

Adhesive

5 - 15

coating

which allow reuse of

recovered solvent, the

50 ( 1 )

(> 5)

> 15

emission limit value in

waste gases shall be 150.

Manufacture

100 -

5% of solvent

The fugitive emission

of coating

1 000

input

limit value does not

mixture,

include solvent sold as

varnishes,

part of a coatings mixture

inks

and

> 1 000

3% of solvent

in a sealed container.

adhesives

input

(> 100)

20 ( 1 )

25 ( 2 )

( 1 ) If techniques are used

Rubber

25% of solvent

conversion

input

which allow reuse of

recovered solvent, the

(> 15)

emission limit value in

waste gases shall be 150.

( 2 ) The fugitive emission

limit value does not

include solvent sold as

part of products or

mixtures in a sealed

container.

Activity

Threshold Emission Fugitive emission

(solvent

limit values

Total emission

(solvent

limit

consumption consum-

(percentage of

limit values

values

in

threshold in

solvent input)

ption

Special provisions

waste

tonnes/year) threshold

New Existing New Existing

gases

(mg

in tonnes/ C/Nm 3 ) installa- installa- installa- installa-

year)

tions

tions

tions

tions

( 1 ) Total emission limit

Vegetable oil

Animal fat

and animal

1,5 kg/tonne

values for installations

fat extraction

processing individual

Castor

and vegetable

batches of seeds and other

3 kg/tonne

oil refining

vegetable matter should

Rape seed

activities

be set by the competent

1 kg/tonne

authority on a case-by-

(> 10)

Sunflower seed: case basis, applying the

best available techniques.

1 kg/tonne

( 2 ) Applies to all

Soya beans

(normal crush): fractionation processes

excluding de-gumming

0,8 kg/tonne

(the removal of gums

Soya beans

from the oil).

(white flakes)

( 3 ) Applies to de-

1,2 kg/tonne

gumming.

Other seeds and

other vegetable

matter

3 kg/tonne ( 1 )

1,5 kg/tonne ( 2 )

4 kg/tonne ( 3 )

1 )

5% of 15% of ( 1 ) If techniques are used

Manufactu-

20 (

5 ( )

15 ( )

ring of phar-

solvent solvent w h i c h a l l o w r e u s e o f

maceutical

input

input recovered solvent, the

products

emission limit value in

waste gases shall be 150.

(> 50)

( 2 ) The fugitive emission

limit value does not

include solvent sold as

part of products or

mixtures in a sealed

container.

Schedule III

Emission limit values for installations of the vehicle coating industry

1. The total emission limit values are expressed in terms of grams of

organic solvent emitted in relation to the surface area of product in square metres

and in kilograms of organic solvent emitted in relation to the car body.

2. The surface area of any product dealt with in the table under point 3 is

defined as 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

following formula

2 × total weight of product shell

average thickness of metal sheet × 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 the other parts added, or the total surface area coated in the

installation.

3. The total emission limit values in the table below refer 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.

Total emission limit value

Activity

Production threshold

(solvent consumption threshold in

(refers to annual production

New

Existing

tonnes/year)

of coated item)

installations

installations

45 g/m 2 or

60 g/m 2 or

Coating of new cars (> 15)

> 5 000

1,3 kg/body

1,9 kg/body

+ 33 g/m 2

+ 41 g/m 2

90 g/m 2 or

≤ 5 000 monocoque or

90 g/m or

> 3 500 chassis-built

1,5 kg/body

1,5 kg/body

+ 70 g/m 2

+ 70 g/m 2

Total emission limit value

(g/m 2 )

Coating of new truck cabins (> 15)

≤ 5 000

> 5 000

Coating of new vans and trucks (> 15) ≤ 2 500

> 2 500

Activity

Production threshold

Total emission limit value

(solvent consumption threshold in

(refers to annual production

New

Existing

tonnes/year)

of coated item)

installations

installations

Coating of new buses (> 15)

≤ 2 000

> 2 000

4. Vehicle coating installations below the solvent consumption thresholds

mentioned in the table under point 3 shall meet the requirements for the vehicle

refinishing sector set out in Schedule II.

Schedule IV

Solvent management plan

1. Principles

The solvent management plan shall be used to

(a)

verify compliance as specified in regulation 9;

(b)

identify future reduction options;

(c)

enable provision of information on solvent consumption, solvent

emissions and compliance with the requirements of these regulations to the

public.

2. Definitions

The following definitions provide a framework for the mass balance

Inputs of organic solvents (I)

The quantity of organic solvents or their quantity in mixtures purchased

which are used as input into the process in the time frame over which

the mass balance is being calculated.

The quantity of organic solvents or their quantity in mixtures 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, taking into account waste water

treatment when calculating O5.

O3 The quantity of organic solvents which remains as contamination or

residue in products output from the process.

O4 Uncaptured emissions of organic solvents into 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 those which are destroyed, by incineration

or other waste gas or waste water treatments, or captured, 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 mixtures, which are

sold or are intended to be sold as a commercially valuable product.

O8 Organic solvents contained in mixtures recovered for reuse but not as

input into the process, as long as not counted under O7.

O9 Organic solvents released in other ways.

3. Use of the solvent management plan for verification of compliance.

The use made of the solvent management plan shall be determined by

the particular requirement which is to be verified, as follows

(a)

verification of compliance with the reduction scheme as set out in

Schedule V, with a total emission limit value expressed in solvent emissions

per unit product, or otherwise stated in Schedules II and III

(i) for all activities using the reduction scheme as set out in

Schedule V, the solvent management plan shall be drawn up annually to

determine the consumption (C). The consumption shall be calculated

according to the following equation

C = I1 − O8

A parallel exercise shall also be undertaken to determine

solids used in coating in order to derive the annual reference emission

and the target emission each year;

(ii) for assessing compliance with a total emission limit value

expressed in solvent emissions per unit product or otherwise stated in

Schedules II and III, the solvent management plan shall be drawn up

annually to determine the emissions (E). The emissions shall be

calculated according to the following equation

E = F + O1

Where F is the fugitive emission as defined in point (b)(i).

The emission figure shall then be divided by the relevant product

parameter.

(iii) for assessing compliance with the requirements of

paragraph (b)(ii) of regulation 6(5), the solvent management plan shall

be drawn up annually to determine total emissions from all activities

concerned, and that figure shall then be compared with the total

emissions that would have resulted had the requirements of Schedules

II, III and V been met for each activity separately.

(b) Determination of fugitive emissions for comparison with the

fugitive emission limit values in Schedule II

(i) The fugitive emission shall be calculated according to one

of the following equations

F = I1 − O1 − O5 − O6 − O7 − O8

or

F = O2 + O3 + O4 + O9

F shall be determined either by direct measurement of the

quantities or by an equivalent method or calculation, for instance by

using the capture efficiency of the process.

The fugitive emission limit value is expressed as a

proportion of the input, which shall be calculated according to the

following equation

I = I1 + I2

(ii) Determination of fugitive emissions shall be done by a

short but comprehensive set of measurements and needs not be done

again until the equipment is modified.

Schedule V

Reduction Scheme

1. The operator may use any reduction scheme, specially designed for his

installation.

2. 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 scheme

achieving equivalent emission reductions to those achieved if the emission limit

values of Schedules II and III were to be applied. The design of the scheme shall

take into account the following facts

(a)

where substitutes containing little or no solvent are still under

development, a time extension shall be given to the operator to implement his

emission reduction plans;

(b) 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.

3. The following scheme shall operate for installations for which a

constant solid content of product can be assumed

(a)

The annual reference emission is calculated as follows

(i) 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.

(ii) The annual reference emissions are calculated by

multiplying the mass determined in (i) by the appropriate factor listed in

the table below. Competent authorities may adjust these factors for

individual installations to reflect documented increased efficiency in the

use of solids.

Activity

Multiplication factor

for use in item (a)(ii)

Rotogravure printing; flexography printing; laminating as 4

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

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

multiplied by a percentage equal to

(i) (the fugitive emission limit value + 15), for installations

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

Schedule II,

(ii) (the fugitive emission limit value + 5) for all other

installations.

(c)

Compliance is achieved if the actual solvent emission determined

from the solvent management plan is less than or equal to the target emission.

€2.34