14 tal-2013

L.N. 14 of 2013

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Industrial Emissions (Waste Incineration)

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 (Waste Incineration) Regulations, 2013.

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

on the 7th January, 2013.

DEFINITIONS

For the purpose of these schedules the following definitions shall apply

(a)

"existing waste incineration plant" means one of the following

waste incineration plants

(i) which was in operation and had a permit in accordance

with applicable European Union law before 28 December 2002,

(ii) which was authorised or registered for waste incineration

and had a permit granted before 28 December 2002 in accordance with

applicable European Union law, provided that the plant was put into

operation no later than 28 December 2003,

(iii) which, in the view of the competent authority, was the

subject of a full request for authorisation before 28 December 2002,

provided that the plant was put into operation not later than 28

December 2004;

(b) "new waste incineration plant" means any waste incineration

plant not covered by point (a).

(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

the Industrial Emissions (Framework) Regulations, 2013.

L.N. 9 of 2013.

(3) These regulations shall apply to waste incineration plants

and waste co-incineration plants which incinerate or co-incinerate

solid or liquid waste.

(4) These regulations shall not apply to gasification or

pyrolysis plants, if the gases resulting from this thermal treatment of

waste are purified to such an extent that they are no longer a waste

prior to their incineration and they can cause emissions no higher than

those resulting from the burning of natural gas.

(5) For the purposes of these regulations, waste incineration

plants and waste co-incineration plants shall include all incineration

lines or co-incineration lines, waste reception, storage, on site pre-

treatment facilities, waste-, fuel- and air-supply systems, boilers,

facilities for the treatment of waste gases, on-site facilities for

treatment or storage of residues and waste water, stacks, devices and

systems for controlling incineration or co-incineration operations,

recording and monitoring incineration or co-incineration conditions.

(6) If processes other than oxidation, such as pyrolysis,

gasification or plasma process, are applied for the thermal treatment

of waste, the waste incineration plant or waste co-incineration plant

shall include both the thermal treatment process and the subsequent

incineration process.

(7) If waste co-incineration takes place in such a way that the

main purpose of the plant is not the generation of energy or

production of material products but rather the thermal treatment of

waste, the plant shall be regarded as a waste incineration plant.

AIR EMISSION LIMIT VALUES FOR WASTE INCINERATION PLANTS

1. All emission limit values shall be calculated at a temperature of 273.15

K, a pressure of 101.3 kPa and after correcting for the water vapour content of the

waste gases.

They are standardised at 11% oxygen in waste gas except in case of

incineration of mineral waste oil as defined in regulation 4 the Waste Regulations

(S.L. 504.37), when they are standardised at 3% oxygen, and in the cases referred

to in point 2.7 of Schedule 5.

1.1. Daily average emission limit values for the following polluting

substances (mg/Nm³)

Total dust

Gaseous and vaporous organic substances, expressed as total

organic carbon (TOC)

Hydrogen chloride (HCl)

Hydrogen fluoride (HF)

Sulphur dioxide (SO 2 )

Nitrogen monoxide (NO) and nitrogen dioxide (NO 2 ),

expressed as NO 2 for existing waste incineration plants with a

nominal capacity exceeding 6 tonnes per hour or new waste

incineration plants

Nitrogen monoxide (NO) and nitrogen dioxide (NO 2 ),

expressed as NO 2 for existing waste incineration plants with a

nominal capacity of 6 tonnes per hour or less

1.2. Half-hourly average emission limit values for the following polluting

substances (mg/Nm³)

(100%) A

Total dust

Gaseous and vaporous organic substances,

expressed as total organic carbon (TOC)

Hydrogen chloride (HCl)

Hydrogen fluoride (HF)

Sulphur dioxide (SO 2 )

Nitrogen monoxide (NO) and nitrogen dioxide

(NO 2 ), expressed as NO 2 for existing waste

incineration plants with a nominal capacity

exceeding 6 tonnes per hour or new waste

incineration plants

1.3. Average emission limit values (mg/Nm³) for the following heavy

metals over a sampling period of a minimum of 30 minutes and a maximum of 8

hours

Cadmium and its compounds, expressed as cadmium (Cd)

Total: 0.05

Thallium and its compounds, expressed as thallium (Tl)

Mercury and its compounds, expressed as mercury (Hg)

0.05

Antimony and its compounds, expressed as antimony (Sb)

Total: 0.05

Arsenic and its compounds, expressed as arsenic (As)

Lead and its compounds, expressed as lead (Pb)

Chromium and its compounds, expressed as chromium (Cr)

Cobalt and its compounds, expressed as cobalt (Co)

Copper and its compounds, expressed as copper (Cu)

Manganese and its compounds, expressed as manganese (Mn)

Nickel and its compounds, expressed as nickel (Ni)

Vanadium and its compounds, expressed as vanadium (V)

These average values cover also the gaseous and the vapour forms of the

relevant heavy metal emissions as well as their compounds.

1.4. Average emission limits value (ng/Nm³) for dioxins and furans over a

sampling period of a minimum of 6 hours and a maximum of 8 hours. The

emission limit value refers to the total concentration of dioxins and furans

calculated in accordance with Schedule 1 of the Industrial Emissions (Framework)

Regulations, 2013.

Dioxins and furans

0.1

1.5. Emission limit values (mg/Nm³) for carbon monoxide (CO) in the waste

gases

(a)

50 as daily average value;

(b)

100 as half-hourly average value;

(c)

150 as 10-minute average value.

The competent authority may authorise exemptions from the emission limit

values set out in this point for waste incineration plants using fluidised bed

technology, provided that the permit sets an emission limit value for carbon

monoxide (CO) of not more than 100 mg/Nm³ as an hourly average value.

2. Emission limit values applicable in the circumstances described in

regulation 7(6) and regulation 8.

The total dust concentration in the emissions into the air of a waste

incineration plant shall under no circumstances exceed 150 mg/Nm³ expressed as a

half-hourly average. The air emission limit values for TOC and CO set out in

points 1.2 and 1.5(b) shall not be exceeded.

3. The competent authority may lay down rules governing the exemptions

provided for in this Schedule.

These regulations shall not apply to the following plants

(a)

plants treating only the following wastes

(i) waste listed in the paragraph (b) of the

definition of biomass laid down in regulation 5 of the

Industrial Emissions (Framework) Regulations, 2013;

(ii)

radioactive waste;

(iii) animal carcasses as regulated by Regulation

(EC) No 1774/2002 of the European Parliament and of the

Council of 3 October 2002 laying down health rules

concerning animal by-products not intended for human

consumption;

(iv) waste resulting from the exploration for, and

the exploitation of, oil and gas resources from off-shore

installations and incinerated on board the installations;

(b) experimental plants used for research, development

and testing in order to improve the incineration process and

which treat less than 50 tonnes of waste per year.

DETERMINATION OF AIR EMISSION LIMIT VALUES

FOR THE CO-INCINERATION OF WASTE

The following formula (mixing rule) shall be applied whenever a specific

total emission limit value ‘C’ has not been set out in a table in this Schedule.

The emission limit value for each relevant polluting substance and CO in the

waste gas resulting from the co-incineration of waste shall be calculated as

V waste × C waste + V proc × C proc

= C

V waste + V proc

waste gas volume resulting from the incineration of waste only

determined from the waste with the lowest calorific value

specified in the permit and standardised at the conditions given

by these regulations.

If the resulting heat release from the incineration of hazardous

waste amounts to less than 10% of the total heat released in the

plant, V waste must be calculated from a (notional) quantity of

waste that, being incinerated, would equal 10% heat release, the

total heat release being fixed.

emission limit values for waste incineration plants set out in

Schedule 2.

waste gas volume resulting from the plant process including the

combustion of the authorised fuels normally used in the plant

(wastes excluded) determined on the basis of oxygen contents at

which the emissions must be standardised as set out in Union or

national law. In the absence of legislation for this kind of plant,

the real oxygen content in the waste gas without being thinned by

addition of air unnecessary for the process must be used.

emission limit values as set out in this Schedule for certain

industrial activities or in case of the absence of such values,

emission limit values of plants which comply with the national

laws, regulations and administrative provisions for such plants

while burning the normally authorised fuels (wastes excluded). In

the absence of these measures the emission limit values set out in

the permit are used. In the absence of such permit values the real

mass concentrations are used.

total emission limit values at an oxygen content as set out in this

Schedule for certain industrial activities and certain polluting

substances or, in case of the absence of such values, total

emission limit values replacing the emission limit values as set

out in specific schedules of the Industrial Emissions (Integrated

Pollution Prevention and Control, IPPC) Regulations, 2013. The

total oxygen content to replace the oxygen content for the

standardisation is calculated on the basis of the content above

respecting the partial volumes All emission limit values shall be

calculated at a temperature of 273.15 K, a pressure of 101.3 kPa

and after correcting for the water vapour content of the waste

gases.

The competent authority may lay down rules governing the exemptions

provided for in this Schedule.

2. Special provisions for cement kilns co-incinerating waste.

2.1. The emission limit values set out in points 2.2 and 2.3 apply as daily

average values for total dust, HCl, HF, NO x , SO 2 and TOC (for continuous

measurements), as average values over the sampling period of a minimum of 30

minutes and a maximum of 8 hours for heavy metals and as average values over

the sampling period of a minimum of 6 hours and a maximum of 8 hours for

dioxins and furans.

All values are standardised at 10% oxygen.

Half-hourly average values shall only be needed in view of calculating the

daily average values.

2.2. C – total emission limit values (mg/Nm³ except for dioxins and furans)

for the following polluting substances

Polluting substance

C

Total dust

HCl

HF

NO x

500 (*)

Cd + Tl

Hg

0.05

Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V

0.05

Dioxins and furans (ng/Nm³)

0.5

(*) Until 1 January 2016, the competent authority may authorise exemptions from the limit

value for NO x for Lepol kilns and long rotary kilns provided that the permit sets a total

emission limit value for NO x of not more than 800 mg/Nm³

2.3. C – total emission limit values (mg/Nm³) for SO 2 and TOC

Pollutant

C

SO 2

TOC

The competent authority may grant derogations for emission limit values set

out in this point in cases where TOC and SO 2 do not result from the co-

incineration of waste.

2.4. C- total emission limit values for CO

The competent authority may set emission limit values for CO.

3. Special provisions for combustion plants co-incinerating waste

3.1. C proc expressed as daily average values (mg/Nm³) valid until the date

set out in regulation 21(3).

For determining the total rated thermal input of the combustion plants, the

aggregation rules as defined in the definition of "combustion plant" in Regulation

2 of the Industrial Emissions (Large Combustion Plants) Regulations, 2013 shall

apply. Half-hourly average values shall only be needed in view of calculating the

daily average values.

C proc for solid fuels with the exception of biomass (O 2 content 6%)

Polluting substance

< 50

50-100

100 to 300

> 300

MW Th

MW Th

MW Th

MW Th

SO 2

-

NO x

-

Dust

C proc for biomass (O 2 content 6%)

Polluting substance

< 50

50-100

100 to 300

> 300

MW Th

MW Th

MW Th

MW Th

SO 2

-

NO x

-

Dust

C proc for liquid fuels (O 2 content 3%)

Polluting substance

< 50

50-100

100 to 300

> 300

MW Th

MW Th

MW Th

MW Th

SO 2

-

400 to 200

(linear

decrease

from 100 to

300 MW Th )

NO x

-

Dust

3.2. C proc expressed as daily average values (mg/Nm³) valid from the date

set out in regulation 21(4).

For determining the total rated thermal input of the combustion plants, the

aggregation rules as defined in the definition of "combustion plant" in Regulation

2 of the Industrial Emissions (Large Combustion Plants) Regulations, 2013 shall

apply. Half-hourly average values shall only be needed in view of calculating the

daily average values.

3.2.1. C proc for combustion plants referred to in regulation 21(3)(a), with the

exception of gas turbines and gas engines

C proc for solid fuels with the exception of biomass (O 2 content 6%)

Polluting substance

< 50

50-100

100 to 300

> 300

MW Th

MW Th

MW Th

MW Th

SO 2

-

400 for peat

NO x

-

300 for

pulverised

lignite: 400

Dust

25 for peat: 20

C proc for biomass (O 2 content 6%)

Polluting substance

< 50

50-100

100 to 300

> 300

MW Th

MW Th

MW Th

MW Th

SO 2

-

NO x

-

Dust

C proc for liquid fuels (O 2 content 3%)

Polluting substance

< 50

50-100

100 to 300

> 300

MW Th

MW Th

MW Th

MW Th

SO 2

-

NO x

-

Dust

3.2.2 C proc for combustion plants referred to in regulation 21(3)(b), with the

exception of gas turbines and gas engines.

C proc for solid fuels with the exception of biomass (O 2 content 3%)

Polluting substance

< 50

50-100

100 to 300

> 300

MW Th

MW Th

MW Th

MW Th

SO 2

-

400 for peat

200 for peat

150 for

300, except in

circulating

the case of

or

fluidised bed

pressurised

combustion

fluidised

bed

combustion

or, in case of

peat firing,

for all

fluidised

bed

combustion

NO x

-

300 for peat

150 for

pulverised

lignite

combustion

Dust

10 for peat

C proc for biomass (O 2 content 6%)

Polluting substance

< 50

50-100

100 to 300

> 300

MW Th

MW Th

MW Th

MW Th

SO 2

-

NO x

-

Dust

C proc for liquid fuels (O 2 content 3%)

Polluting substance

< 50

50-100

100 to 300

> 300

MW Th

MW Th

MW Th

MW Th

SO 2

-

NO x

-

Dust

3.3. C - total emission limit values for heavy metals (mg/Nm³) expressed as

average values over the sampling period of a minimum of 30 minutes and a

maximum of 8 hours (O 2 content 6% for solid fuels and 3% for liquid fuels)

Polluting substances

C

Cd + Tl

0.05

Hg

0.05

Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V

0.5

3.4. C - total emission limit value (ng/Nm³) for dioxins and furans expressed

as average value measured over the sampling period of a minimum of 6 hours and

a maximum of 8 hours (O 2 content 6% for solid fuels and 3% for liquid fuels)

Polluting substance

C

Dioxins and furans

0.1

3. Special provisions for waste co-incineration plants in industrial sectors

not covered under points 2 and 3 of this Schedule.

4.1. C - total emission limit value (ng/Nm³) for dioxins and furans expressed

as average value measured over the sampling period of a minimum of 6 hours and

a maximum of 8 hours

Polluting substance

C

Dioxins and furans

0.1

4.2. C - total emission limit values (mg/Nm³) for heavy metals expressed as

average values over the sampling period of a minimum of 30 minutes and a

maximum of 8 hours

Polluting substances

C

Cd + Tl

0.5

Hg

0.5

For the purposes of these regulations, "residue" shall mean

any liquid or solid waste which is generated by a waste incineration

plant or waste co-incineration plant.

EMISSION LIMIT VALUES OR DISCHARGES OF WASTE WATER FROM

THE CLEANING OF WASTE GASES

Polluting substances

Emissions limit

values for

unfiltered

samples (mg/l

except for

dioxins and

furans)

1. Total suspended solids as defined in Annex I of Directive 91/ (95%)

(100%)

271/EEC

2. Mercury and its compounds, expressed as mercury (Hg)

0.03

3. Cadmium and its compounds, expressed as cadmium (Cd)

0.05

4. Thallium and its compounds, expressed as thallium (Tl)

0.05

5. Arsenic and its compounds, expressed as arsenic (As)

0.15

6. Lead and its compounds, expressed as lead (Pb)

0.2

7. Chromium and its compounds, expressed as chromium (Cr)

0.5

8. Copper and its compounds, expressed as copper (Cu)

0.5

9. Nickel and its compounds, expressed as nickel (Ni)

0.5

10. Zinc and its compounds, expressed as zinc (Zn)

1.5

11. Dioxins and furans

0.3 ng/l

An application for a permit for a waste incineration plant

or waste co-incineration plant shall include a description of the

measures which are envisaged to guarantee that the following

requirements are met

(a)

the plant is designed, equipped and will be

maintained and operated in such a manner that the requirements

of these regulations are met taking into account the categories of

waste to be incinerated or co-incinerated;

(b) the heat generated during the incineration and co-

incineration process is recovered as far as practicable through

the generation of heat, steam or power;

(c)

the residues will be minimised in their amount and

harmfulness and recycled where appropriate;

(d) the disposal of the residues which cannot be

prevented reduced or recycled will be carried out in conformity

with national and European Union legislation.

MONITORING OF EMISSIONS

1. Measurement techniques

1.1. Measurements for the determination of concentrations of air and water

polluting substances shall be carried out representatively.

1.2. Sampling and analysis of all polluting substances including dioxins and

furans as well as the quality assurance of automated measuring systems and the

reference measurement methods to calibrate them shall be carried out according to

CEN-standards. If CEN standards are not available, ISO, national or other

international standards which ensure the provision of data of an equivalent

scientific quality shall apply. Automated measuring systems shall be subject to

control by means of parallel measurements with the reference methods at least

once per year.

1.3. At the daily emission limit value level, the values of the 95%

confidence intervals of a single measured result shall not exceed the following

percentages of the emission limit values

Carbon monoxide

10%

Sulphur dioxide

20%

Nitrogen dioxide

20%

Total dust

30%

Total organic carbon

30%

Hydrogen chloride

40%

Hydrogen fluoride

40%

Periodic measurements of the emissions into air and water shall be carried

out in accordance with points 1.1 and 1.2.

2. Measurements relating to air polluting substances

2.1. The following measurements relating to air polluting substances shall

be carried out

(a)

continuous measurements of the following substances: NOx,

provided that emission limit values are set, CO, total dust, TOC, HCl, HF,

SO 2 ;

(b) continuous measurements of the following process operation

parameters: temperature near the inner wall or at another representative point

of the combustion chamber as authorised by the competent authority,

concentration of oxygen, pressure, temperature and water vapour content of

the waste gas;

(c)

at least two measurements per year of heavy metals and dioxins

and furans; one measurement at least every 3 months shall, however, be

carried out for the first 12 months of operation.

2.2. The residence time as well as the minimum temperature and the oxygen

content of the waste gases shall be subject to appropriate verification, at least once

when the waste incineration plant or waste co-incineration plant is brought into

service and under the most unfavourable operating conditions anticipated.

2.3. The continuous measurement of HF may be omitted if treatment stages

for HCl are used which ensure that the emission limit value for HCl is not being

exceeded. In that case the emissions of HF shall be subject to periodic

measurements as laid down in point 2.1(c).

2.4. The continuous measurement of the water vapour content shall not be

required if the sampled waste gas is dried before the emissions are analysed.

2.5. The competent authority may decide not to require continuous

measurements for HCl, HF and SO 2 in waste incineration plants or waste co-

incineration plants and require periodic measurements as set out in point 2.1(c) or

no measurements if the operator can prove that the emissions of those pollutants

can under no circumstances be higher than the prescribed emission limit values.

The competent authority may decide not to require continuous measurements

for NO x and require periodic measurements as set out in point 2.1(c) in existing

waste incineration plants with a nominal capacity of less than 6 tonnes per hour or

in existing waste co-incineration plants with a nominal capacity of less than 6

tonnes per hour if the operator can prove on the basis of information on the quality

of the waste concerned, the technologies used and the results of the monitoring of

emissions, that the emissions of NO x can under no circumstances be higher than

the prescribed emission limit value.

2.6. The competent authority may decide to require one measurement every

2 years for heavy metals and one measurement per year for dioxins and furans in

the following cases

(a)

the emissions resulting from co-incineration or incineration of

waste are under all circumstances below 50% of the emission limit values;

(b) the waste to be co-incinerated or incinerated consists only of

certain sorted combustible fractions of non-hazardous waste not suitable for

recycling and presenting certain characteristics, and which is further

specified on the basis of the assessment referred to in point (c);

(c)

the operator can prove on the basis of information on the quality

of the waste concerned and the monitoring of the emissions that the

emissions are under all circumstances significantly below the emission limit

values for heavy metals and dioxins and furans.

2.7. The results of the measurements shall be standardised using the

standard oxygen concentrations mentioned in Schedule 2 or calculated according

to Schedule 3 and by applying the formula given in Schedule 6.

When waste is incinerated or co-incinerated in an oxygen-enriched

atmosphere, the results of the measurements can be standardised at an oxygen

content laid down by the competent authority reflecting the special circumstances

of the individual case.

When the emissions of polluting substances are reduced by waste gas

treatment in a waste incineration plant or waste co-incineration plant treating

hazardous waste, the standardisation with respect to the oxygen contents provided

for in the first subparagraph shall be done only if the oxygen content measured

over the same period as for the polluting substance concerned exceeds the relevant

standard oxygen content.

3. Measurements relating to water polluting substances

3.1. The following measurements shall be carried out at the point of waste

water discharge

(a)

continuous measurements of pH, temperature and flow;

(b) spot sample daily measurements of total suspended solids or

measurements of a flow proportional representative sample over a period of

24 hours;

(c)

at least monthly measurements of a flow proportional

representative sample of the discharge over a period of 24 hours of Hg, Cd,

TI, As, Pb, Cr, Cu, Ni and Zn;

(d) at least every 6 months measurements of dioxins and furans;

however, one measurement at least every 3 months shall be carried out for

the first 12 months of operation.

3.2. Where the waste water from the cleaning of waste gases is treated on

site collectively with other on-site sources of waste water, the operator shall take

the measurements

(a)

on the waste water stream from the waste gas cleaning processes

prior to its input into the collective waste water treatment plant;

(b) on the other waste water stream or streams prior to its or their

input into the collective waste water treatment plant;

(c)

at the point of final waste water discharge, after the treatment,

from the waste incineration plant or waste co-incineration plant.

(1)

The permit shall include the following

Permit

conditions.

(a)

a list of all types of waste which may be treated

using at least the types of waste set out in the European Waste

List established by Decision 2000/532/EC, if possible, and

containing information on the quantity of each type of waste,

where appropriate;

(b) the total waste incinerating or co-incinerating

capacity of the plant;

(c)

the limit values for emissions into air and water;

(d) the requirements for the pH, temperature and flow of

waste water discharges;

(e)

the sampling and measurement procedures and

frequencies to be used to comply with the conditions set for

emission monitoring;

(f)

the maximum permissible period of any technically

unavoidable stoppages, disturbances, or failures of the

purification devices or the measurement devices, during which

the emissions into the air and the discharges of waste water may

exceed the prescribed emission limit values.

(2) In addition to the requirements set out in sub-regulation

(1), the permit granted to a waste incineration plant or waste co-

incineration plant using hazardous waste shall include the following

(a)

a list of the quantities of the different categories of

hazardous waste which may be treated;

(b) the minimum and maximum mass flows of those

hazardous wastes, their lowest and maximum calorific values

and their maximum contents of polychlorinated biphenyls,

pentachlorophenol, chlorine, fluorine, sulphur, heavy metals

and other polluting substances.

(3) The competent authority may list the categories of waste to

be included in the permit which can be co-incinerated in certain

categories of waste co-incineration plants.

(4) The competent authority shall periodically reconsider and

where necessary, update permit conditions.

FORMULA TO CALCULATE THE EMISSION CONCENTRATION AT THE

STANDARD PERCENTAGE OXYGEN CONCENTRATION

21 - O S

×

E S =

E M

21 - O M

E S = calculated emission concentration at the standard percentage oxygen

concentration

E M = measured emission concentration

O S = standard oxygen concentration

O M = measured oxygen concentration

(1) Waste gases from waste incineration plants and

waste co-incineration plants shall be discharged in a controlled way

by means of a stack the height of which is calculated in such a way as

to safeguard human health and the environment.

(2) (a)

Emissions into air from waste incineration plants

and waste co-incineration plants shall not exceed the emission limit

values set out in Schedule 2 and Schedule 3 or determined in

accordance with Schedule 3.

(b) If in a waste co-incineration plant more than 40% of

the resulting heat release comes from hazardous waste, or the plant

co-incinerates untreated mixed municipal waste, the emission limit

values set out in Schedule 2 shall apply.

(3) Discharges to the aquatic environment of waste water

resulting from the cleaning of waste gases shall be limited as far as

practicable and the concentrations of polluting substances shall not

exceed the emission limit values set out in Schedule 4.

(4) (a)

The emission limit values shall apply at the point

where waste waters from the cleaning of waste gases are discharged

from the waste incineration plant or waste co-incineration plant.

(b) When waste waters from the cleaning of waste gases

are treated outside the waste incineration plant or waste co-

incineration plant at a treatment plant intended only for the treatment

of this sort of waste water, the emission limit values set out in

Schedule 4 shall be applied at the point where the waste waters leave

the treatment plant. Where the waste water from the cleaning of waste

gases is treated collectively with other sources of waste water, either

on site or off site, the operator shall make the appropriate mass

balance calculations, using the results of the measurements set out in

point 3 of Schedule 5 in order to determine the emission levels in the

final waste water discharge that can be attributed to the waste water

arising from the cleaning of waste gases.

(c)

Under no circumstances shall dilution of waste

water take place for the purpose of complying with the emission limit

values set out in Schedule 4.

(5) (a)

Waste incineration plant sites and waste co-

incineration plant sites, including associated storage areas for waste,

shall be designed and operated in such a way as to prevent the

unauthorised and accidental release of any polluting substances into

soil, surface water and groundwater.

(b) Storage capacity shall be provided for contaminated

rainwater run-off from the waste incineration plant site or waste co-

incineration plant site or for contaminated water arising from spillage

or fire-fighting operations. The storage capacity shall be adequate to

ensure that such waters can be tested and treated before discharge

where necessary.

(6) (a)

Without prejudice to regulation 11(4)(c), the waste

incineration plant or waste co-incineration plant or individual

furnaces being part of a waste incineration plant or waste co-

incineration plant shall under no circumstances continue to incinerate

waste for a period of more than four hours uninterrupted where

emission limit values are exceeded.

(b) The cumulative duration of operation in such

conditions over one year shall not exceed sixty hours.

(c)

The time limit set out in the paragraph (b) shall

apply to those furnaces which are linked to one single waste gas

cleaning device.

ASSESSMENT OF COMPLIANCE WITH EMISSION LIMIT VALUES

1. Air emission limit values

1.1. The emission limit values for air shall be regarded as being complied

with if

(a)

none of the daily average values exceeds any of the emission

limit values set out in point 1.1 of Schedule 2 or in Schedule 3 or calculated

in accordance with Schedule 3;

(b) either none of the half-hourly average values exceeds any of the

emission limit values set out in column A of the table under point 1.2 of

Schedule 2 or, where relevant, 97% of the half-hourly average values over

the year do not exceed any of the emission limit values set out in column B of

the table under point 1.2 of Schedule 2;

(c)

none of the average values over the sampling period set out for

heavy metals and dioxins and furans exceeds the emission limit values set

out in points 1.3 and 1.4 of Schedule 2 or in Schedule 3 or calculated in

accordance with Schedule 3;

(d)

for carbon monoxide (CO)

(i)

in case of waste incineration plants

-

at least 97% of the daily average values over the

year do not exceed the emission limit value set out in point

1.5(a) of Schedule 2; and,

-

at least 95% of all 10-minute average values taken

in any 24-hour period or all of the half-hourly average

values taken in the same period do not exceed the emission

limit values set out in points 1.5(b) and (c) of Schedule 2;

in case of waste incineration plants in which the gas

resulting from the incineration process is raised to a

temperature of at least 1 100°C for at least two seconds, the

competent authority may apply an evaluation period of 7

days for the 10-minute average values;

(ii) in case of waste co-incineration plants: the provisions of

Schedule 3 are met.

1.2. The half-hourly average values and the 10-minute averages shall be

determined within the effective operating time (excluding the start-up and shut-

down periods if no waste is being incinerated) from the measured values after

having subtracted the value of the confidence interval specified in point 1.3 of

Schedule 5. The daily average values shall be determined from those validated

To obtain a valid daily average value no more than five half-hourly average

values in any day shall be discarded due to malfunction or maintenance of the

continuous measurement system. No more than ten daily average values per year

shall be discarded due to malfunction or maintenance of the continuous

1.3. The average values over the sampling period and the average values in

the case of periodical measurements of HF, HCl and SO 2 shall be determined in

accordance with the requirements of regulation 6(1)(e), regulation 9(3) and point 1

of Schedule 5.

2. Water emission limit values

The emission limit values for water shall be regarded as being complied with

(a)

for total suspended solids 95% and 100% of the measured values

do not exceed the respective emission limit values as set out in Schedule 4;

(b) for heavy metals (Hg, Cd, TI, As, Pb, Cr, Cu, Ni and Zn) no more

than one measurement per year exceeds the emission limit values set out in

Part 5; or, if the competent authority provides for more than 20 samples per

year, no more than 5% of these samples exceed the emission limit values set

out in Schedule 4;

(c)

for dioxins and furans, the measurement results do not exceed the

emission limit value set out in Schedule 4.

€2.52

In the case of a breakdown, the operator shall

Breakdown.

(a)

reduce or close down operations as soon as

practicable until normal operations can be restored;

(b)

notify the competent authority immediately.

(1) The competent authority shall ensure that the Monitoring of

monitoring of emissions is carried out in accordance with Schedule 5 emissions.

and Schedule 6.

(2) The installation and functioning of the automated

measuring systems shall be subject to control and to annual

surveillance tests as set out in point 1 of Schedule 5.

(3) The competent authority shall determine the location of the

sampling or measurement points to be used for monitoring of

emissions.

(4) All monitoring results shall be 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.

The emission limit values for air and water shall be

regarded as being complied with if the conditions described in

Schedule 7 are fulfilled.

(1) Waste incineration plants shall be operated in such a

way as to achieve a level of incineration such that the total organic

carbon content of slag and bottom ashes is less than 3% or their loss

on ignition is less than 5% of the dry weight of the material. If

necessary, waste pre-treatment techniques shall be used.

(2) (a)

Waste incineration plants shall be designed,

equipped, built and operated in such a way that the gas resulting from

the incineration of waste is raised, after the last injection of

combustion air, in a controlled and homogeneous fashion and even

under the most unfavourable conditions, to a temperature of at least

850°C for at least two seconds.

(b) Waste co-incineration plants shall be designed,

equipped, built and operated in such a way that the gas resulting from

the co-incineration of waste is raised in a controlled and

homogeneous fashion and even under the most unfavourable

conditions, to a temperature of at least 850°C for at least two seconds.

(c)

If hazardous waste with a content of more than 1%

of halogenated organic substances, expressed as chlorine, is

incinerated or co-incinerated, the temperature required to comply

with the first and second subparagraphs shall be at least 1 100°C.

(d) In waste incineration plants, the temperatures set out

in paragraphs (a) and (c) shall be measured near the inner wall of the

combustion chamber. The competent authority may authorise the

measurements at another representative point of the combustion

chamber.

(3) (a)

Each combustion chamber of a waste incineration

plant shall be equipped with at least one auxiliary burner. This burner

shall be switched on automatically when the temperature of the

combustion gases after the last injection of combustion air falls below

the temperatures set out in subregulation (2). It shall also be used

during plant start-up and shut-down operations in order to ensure that

those temperatures are maintained at all times during these operations

and as long as unburned waste is in the combustion chamber.

(b) The auxiliary burner shall not be fed with fuels

which can cause higher emissions than those resulting from the

burning of gas oil as defined in regulation 2(1) of the Quality of Fuels S.L. 423.29

Regulations, as may be amended from time to time, relating to a

reduction in the sulphur content of certain liquid fuels, liquefied gas

or natural gas.

(4) Waste incineration plants and waste co-incineration plants

shall operate an automatic system to prevent waste feed in the

following situations

(a)

at start-up, until the temperature set out in sub-

regulation (2) or the temperature specified in accordance with

regulation 12(1) has been reached;

(b) whenever the temperature set out in sub-regulation

(2) or the temperature specified in accordance with regulation

12(1) is not maintained;

(c)

whenever the continuous measurements show that

any emission limit value is exceeded due to disturbances or

failures of the waste gas cleaning devices.

(5) Any heat generated by waste incineration plants or waste

co-incineration plants shall be recovered as far as practicable.

(6) Infectious clinical waste shall be placed straight in the

furnace, without first being mixed with other categories of waste and

without direct handling.

(7) The competent authority shall ensure that the waste

incineration plant or waste co-incineration plant is operated and

controlled by a natural person who is competent to manage the plant.

(1) Conditions different from those laid down in Authorisation to

regulation 11(1), (2) and (3) and, as regards the temperature, change

operating

regulation 11(4) and specified in the permit for certain categories of conditions.

waste or for certain thermal processes, may be authorised by the

competent authority provided the other requirements of these

regulations are met. The competent authority may lay down rules

governing these authorisations.

(2) For waste incineration plants, the change of the operating

conditions shall not cause more residues or residues with a higher

content of organic polluting substances compared to those residues

which could be expected under the conditions laid down in regulation

11(1), (2) and (3).

(3) (a)

Emissions of total organic carbon and carbon

monoxide from waste co-incineration plants, authorised to change

operating conditions according to sub-regulation (1) shall also

comply with the emission limit values set out in Schedule 2.

(b) Emissions of total organic carbon from bark boilers

within the pulp and paper industry co-incinerating waste at the place

of its production which were in operation and had a permit before 28

December 2002 and which are authorised to change operating

conditions according to sub-regulation (1) shall also comply with the

emission limit values set out in Schedule 2.

(1) The operator of the waste incineration plant or waste

co-incineration plant shall take all necessary precautions concerning

the delivery and reception of waste in order to prevent or to limit as

far as practicable the pollution of air, soil, surface water and

groundwater as well as other negative effects on the environment,

odours and noise, and direct risks to human health.

(2) The operator shall determine the mass of each type of

waste, if possible according to the European Waste List established

by Decision 2000/532/EC, prior to accepting the waste at the waste

incineration plant or waste co-incineration plant.

(3) Prior to accepting hazardous waste at the waste

incineration plant or waste co-incineration plant, the operator shall

collect available information about the waste for the purpose of

verifying compliance with the permit requirements specified in

regulation 6(2).

That information shall cover the following

(a)

all the administrative information on the generating

process contained in the documents mentioned in subregulation

(4)(a);

(b) the physical, and as far as practicable, chemical

composition of the waste and all other information necessary to

evaluate its suitability for the intended incineration process;

(c)

the hazardous characteristics of the waste, the

substances with which it cannot be mixed, and the precautions

to be taken in handling the waste.

(4) Prior to accepting hazardous waste at the waste

incineration plant or waste co-incineration plant, at least the

following procedures shall be carried out by the operator

(a)

the checking of the documents required by the Waste S.L. 504.37

Regulations, 2011, as may be amended from time to time, and,

where applicable, those required by Regulation (EC) No 1013/

2006 of the European Parliament and of the Council of 14 June

2006 on shipments of waste and by legislation on transport of

dangerous goods;

(b) the taking of representative samples, unless

inappropriate as far as possible before unloading, to verify

conformity with the information provided for in sub-regulation

(3) by carrying out controls and to enable the competent

authorities to identify the nature of the wastes treated.

The samples referred to in paragraph (b) shall be kept for at

least one month after the incineration or co-incineration of the waste

concerned.

(5) The competent authority may grant exemptions from

subregulations (2), (3) and (4) to waste incineration plants or waste

co-incineration plants which are a part of an installation covered by

the Industrial Emissions (Integrated Pollution Prevention and L.N. 10 of 2013

Control) Regulations, 2013 and only incinerate or co-incinerate waste

generated within that installation.

(1) Residues shall be minimised in their amount and Residues.

harmfulness. Residues shall be recycled, where appropriate, directly

in the plant or outside.

(2) Transport and intermediate storage of dry residues in the

form of dust shall take place in such a way as to prevent dispersal of

those residues in the environment.

(3) Prior to determining the routes for the disposal or recycling

of the residues, appropriate tests shall be carried out to establish the

physical and chemical characteristics and the polluting potential of

the residues. Those tests shall concern the total soluble fraction and

heavy metals soluble fraction.

A change of operation of a waste incineration plant or a Substantial

waste co-incineration plant treating only non-hazardous waste in an change.

installation covered by the Industrial Emissions (Integrated Pollution L.N. 10 of 2013

Prevention and Control) Regulations, 2013 which involves the

incineration or co-incineration of hazardous waste shall be regarded

as a substantial change.

(1) Applications for new permits for waste incineration

plants and waste co-incineration plants shall be made available to the

public at one or more locations for an appropriate period to enable the

public to comment on the applications before the competent authority

reaches a decision. That decision, including at least a copy of the

permit, and any subsequent updates, shall also be made available to

the public.

(2) For waste incineration plants or waste co-incineration

plants with a nominal capacity of 2 tonnes or more per hour, the

information in the report referred to in Article 72 of Directive 2010/

75/EU, which shall include information on the functioning and

monitoring of the plant and give account of the running of the

incineration or co-incineration process and the level of emissions into

air and water in comparison with the emission limit values, shall be

made available to the public.

(3) A list of waste incineration plants or waste co-incineration

plants with a nominal capacity of less than 2 tonnes per hour shall be

drawn up by the competent authority and shall be made available to

the public.

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

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 Management (Incineration) Regulations, Revocation of

2001, hereinafter referred to as "the revoked regulations", are revoked the

Management

with effect from 7 January 2014.

(Incineration)

Regulations,

2001. (2) References to the revoked regulations shall be construed as L.N.

2001. references to these regulations.

(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 activity referred to point 5.2 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

by 7 July 2013 at the latest.

(3) In relation to combustion plants which co-incinerate waste,

point 3.1 of Schedule 3 shall apply until

(a)

31 December 2015, for combustion plants which

have been granted a permit before 7 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 7 January 2014;

(b) 6 January 2013, for combustion plants not covered

by paragraph (a).

(4) Point 3.2 of Schedule 3 shall apply in relation to

combustion plants which co-incinerate waste, as from

(a)

1 January 2016, for combustion plants which have

been granted a permit before 7 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 7 January 2014;

(b) 7 January 2013, for combustion plants not covered

by paragraph (a).