13 tal-2013

L.N. 13 of 2013

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Industrial Emissions (Titanium Dioxide)

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 and

commencement.

Emissions (Titanium Dioxide) Regulations, 2013.

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

on the 7th January, 2013.

EMISSION LIMIT VALUES INTO AIR

1. The emission limit values which are expressed as concentrations in

mass per cubic meter (Nm 3 ) shall be calculated at a temperature of 273.15 K, and a

pressure of 101.3 kPa.

2. For dust: 50 mg/Nm 3 as an hourly average from major sources and 150

mg/Nm 3 as an hourly average from any other source.

3. For gaseous sulphur dioxide and trioxide discharged from digestion and

calcination, including acid droplets calculated as SO 2 equivalent

(a)

6 kg per tonne of titanium dioxide produced as an annual

average;

(b) 500 mg/Nm 3 as an hourly average for plants for the concentration

of waste acid.

4. For chlorine in the case of installations using the chloride process

5 mg/Nm 3 as a daily average;

(a)

40 mg/Nm 3 at any time.

(b)

(1) These regulations provide for the implementation in Scope.

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 L.N. xxxx of

2013. the Industrial Emissions (Framework) Regulations, 2013.

(3) These regulations shall apply to installations producing

titanium dioxide.

EMISSION MONITORING

The monitoring of emissions into air shall include at least the continuous

monitoring of

(a)

gaseous sulphur dioxide and trioxide discharged from digestion

and calcination from plants for the concentration of waste acid in

installations using the sulphate process;

(b) chlorine from major sources within installations using the

chloride process;

(c)

dust from major sources.

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The disposal of the following waste into any water body, Prohibition of

the disposal of

sea or ocean shall be prohibited

waste.

(a)

solid waste;

(b) the mother liquors arising from the filtration phase

following hydrolysis of the titanyl sulphate solution from

installations applying the sulphate process; including the acid

waste associated with such liquors, containing overall more than

0.5% free sulphuric acid and various heavy metals and

including such mother liquors which have been diluted until

they contain 0.5% or less free sulphuric acid;

(c)

waste from installations applying the chloride

process containing more than 0.5% free hydrochloric acid and

various heavy metals, including such waste which has been

diluted until it contains 0.5% or less free hydrochloric acid;

(d) filtration salts, sludges and liquid waste arising from

the treatment (concentration or neutralisation) of the waste

mentioned under paragraphs (b) and (c) and containing various

heavy metals, but not including neutralised and filtered or

decanted waste containing only traces of heavy metals and

which, before any dilution, has a pH value above 5.5.

MONITORAĠĠ TAL-EMISSJONIJIET

Il-monitoraġġ tal-emissjonijiet fl-arja għandu jinkludi minn tal-inqas il-

monitoraġġ kontinwu ta’

(a)

dijossidu u trijossidu tal-kubrit gassuż skarikat mid-diġestjoni u l-

kalċinazzjoni minn impjanti għall-konċentrazzjoni tal-aċidi tal-iskart

f'installazzjonijiet li jużaw il-proċedura bis-sulfat;

(b) kloridu minn sorsi maġġuri fl-installazzjonijiet li jużaw il-

proċedura bil-kloruru;

(ċ)

trab minn sorsi maġġuri.

Emissions from installations into water shall not exceed

the emission limit values set out in Schedule 1.

(1) The emission of acid droplets from installations

shall be prevented.

(2) Emissions into air from installations shall not exceed the

emission limit values set out in Schedule 2.

(1) The operator shall monitor the emissions into water

in order to enable the competent authority to verify compliance with

the permit conditions and regulation 4.

(2) The operator shall monitor the emissions into air in order

to enable the competent authority to verify compliance with the

permit conditions and regulation 5. Such monitoring shall include at

least monitoring of emissions as set out in Schedule 3.

(3) Monitoring shall be carried out in accordance with CEN

standards or, if CEN standards are not available, ISO, national or

other international standards which ensure the provision of data of an

equivalent scientific quality.

Any person shall be guilty of an offence under these

regulations if

(a)

he fails to comply with any provision of these

regulations or fails to comply with permit conditions or 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 or to fail to comply

with any such provisions, including any order lawfully given in

terms of any of the provisions of these regulations, or to

contravene any restriction, prohibition or requirement imposed

by or under the said regulations.

Any person who commits an offence against these 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 may 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

mentioned in these regulations 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 Applicability of

Code shall, mutatis mutandis, apply to proceedings in respect of the

Code.

offences against these regulations, so however that the Cap. 9.

disqualification from holding or obtaining a licence, permit or

authority shall in no case be for less than one year.

(2) Notwithstanding the provisions of article 370 of the

Criminal Code, proceedings for an offence against these regulations Cap. 9.

shall be held 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 Cap. 9.

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 Waste from Titanium Dioxide Industry

Regulations, 2001, 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

2001. references to these regulations.

2001.

(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 the Industrial Emissions (Integrated Pollution

Prevention and Control) Regulations, 2013, which are not covered by

subregulation (1), and which are in operation before 7 January 2013.

Such installations shall apply to the competent authority for a permit

2002. by 7 July 2013 at the latest.

2002. SCHEDULE 1

EMISSION LIMIT VALUES FOR EMISSIONS INTO WATER

1. In case of installations using the sulphate process (as an annual

average): 550 kg of sulphate per tonne of titanium dioxide produced.

2. In case of installations using the chloride process (as an annual

average)

(a)

130 kg chloride per tonne of titanium dioxide produced using

neutral rutile,

(b) 228 kg chloride per tonne of titanium dioxide produced using

synthetic rutile,

(c)

330 kg chloride per tonne of titanium dioxide produced using

slag. Installations discharging into salt water (estuarine, coastal, open sea)

may be subject to an emission limit value of 450 kg chloride per tonne of

titanium dioxide produced using slag.

3. For installations using the chloride process and using more than one

type of ore, the emission limit values in point 2 shall apply in proportion to the

quantity of the ores used.