101 tal-2018

L.N. 101 of 2018

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Limitation of Emissions of Certain Pollutants into the air from

Medium Combustion Plants Regulations, 2018

BY VIRTUE of the powers conferred by articles 54 and 55 of the

Environment Protection Act, the Minister for the Environment,

Sustainable Development and Climate Change, after consultation with

the Environment and Resources Authority, has made the following

regulations:-

The title of these regulations is the Limitation of Emissions Citation.

of Certain Pollutants into the air from Medium Combustion Plants

Regulations, 2018.

(1) These regulations transpose the provisions of Scope.

Directive 2015/2193/EU of the European Parliament and of the

Council of 25 November 2015 on the limitation of emissions of certain

pollutants into the air from medium combustion plants.

(2) These regulations lay down rules to control emissions of

sulphur dioxide (SO 2 ), nitrogen oxides (NO x ) and dust into the air

from medium combustion plants, and thereby reduce emissions to air

and the potential risks to human health and the environment from such

emissions.

(3) These regulations also lay down rules to monitor emissions

of carbon monoxide (CO).

For the purposes of these regulations and unless the context Definitions.

otherwise requires the following definitions shall apply

"the Act" means the Environment Protection Act;

"the Authority" or "competent authority" means the

Environment and Resources Authority as established in article 6

of the Act;

"biomass" means any of the following

a)

products consisting of any vegetable matter

from agriculture or forestry which can be used as a fuel for

the purpose of recovering its energy content;

b)

the following waste

(i)

vegetable waste from agriculture and

forestry;

(ii) vegetable waste from the food processing

industry, if the heat generated is recovered;

(iii) fibrous vegetable waste from virgin pulp

production and from production of paper from pulp,

if it is co-incinerated at the place of production and

the heat generated is recovered;

(iv) cork waste;

(v) wood waste with the exception of wood

waste which may contain halogenated organic

compounds or heavy metals as a result of treatment

with wood preservatives or coating and which

includes, in particular, such wood waste originating

from construction and demolition waste;

"combustion plant" means any technical apparatus in which

fuels are oxidised in order to use the heat thus generated;

"diesel engine" means an internal combustion engine

which operates according to the Diesel cycle and uses

compression ignition to burn fuel;

"dual fuel engine" means an internal combustion engine

which uses compression ignition and operates according to the

Diesel cycle when burning liquid fuels and according to the Otto

cycle when burning gaseous fuels;

"dust" means particles, of any shape, structure or density,

dispersed in the gas phase at the sampling point conditions which

may be collected by filtration under specified conditions after

representative sampling of the gas to be analysed, and which

remain upstream of the filter and on the filter after drying under

specified conditions;

"emission" means the discharge of substances from a

combustion plant into the air;

"emission limit value" means the permissible quantity of a

substance contained in the waste gases from a combustion plant

which may be discharged into the air during a given period and

shall be expressed at standard conditions according to the

following equation

Where

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

standard conditions.

[P] M is the mass concentration of the pollutant

measured at the temperature T in Kelvin (K), at the

Pressure P in kilopascal (kPa), at the percentage flue gas

water vapour content W and at the flue gas oxygen content

of O M .

T

is the actual flue gas temperature in K.

P

is the actual flue gas pressure in kPa.

W

is the percentage water vapour content of the

flue gas.

O s is the standard oxygen content by volume in the

flue gas, which shall be 6% for medium combustion plants

using solid fuels, 3% for medium combustion plants, other

than engines and gas turbines, using liquid and gaseous

fuels and 15% for engines and gas turbines.

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

"engine" means a gas engine, diesel engine or dual fuel

engine;

"existing combustion plant" means a combustion plant put

into operation before 20 December 2018 or for which a permit

was granted before 19 December 2017 pursuant to the Ambient S.L. 549.59.

Air Quality Regulations provided that the plant is put into

operation no later than 20 December 2018;

"fuel" means any solid, liquid or gaseous combustible

material;

"gas engine" means an internal combustion engine which

operates according to the Otto cycle and uses spark ignition to

burn fuel;

"gas oil" means

a)

any petroleum-derived liquid fuel falling within

CN codes 2710 19 25, 2710 19 29, 2710 19 47, 2710 19 48,

2710 20 17 or 2710 20 19; or

b)

any petroleum-derived liquid fuel of which less

than 65% by volume (including losses) distils at 250°C and

of which at least 85% by volume (including losses) distils

at 350°C by the ASTM D86 method;

"gas turbine" means any rotating machine which converts

thermal energy into mechanical work, consisting mainly of a

compressor, a thermal device in which fuel is oxidised in order to

heat the working fluid, and a turbine; this includes both open

cycle and combined cycle gas turbines, and gas turbines in

cogeneration mode, all with or without supplementary firing;

"heavy fuel oil" means

a)

any petroleum-derived liquid fuel falling

within CN codes 2710 19 51 to 2710 19 68, 2710 20 31,

2710 20 35, or 2710 20 39; or

b)

any petroleum-derived liquid fuel, other than

gas oil, which, by reason of its distillation limits, falls

within the category of heavy oils intended for use as fuel

and of which less than 65 % by volume (including losses)

distils at 250 °C by the ASTM D86 method. If the

distillation cannot be determined by the ASTM D86

method, the petroleum product is likewise categorised as a

heavy fuel oil;

"micro isolated system" or "MIS" means any system with

consumption less than 500 GWh in the year 1996, where there is

no connection with other systems;

"natural gas" means naturally occurring methane with no

more than 20% (by volume) of inerts and other constituents;

"new combustion plant" means a combustion plant other

than an existing combustion plant;

"nitrogen oxides" (NO x ) means nitric oxide and nitrogen

dioxide, expressed as nitrogen dioxide (NO 2 );

"operating hours" means the time, expressed in hours,

during which a combustion plant is operating and discharging

emissions into the air, excluding start-up and shut-down periods;

"operator" means any natural or legal person who operates

or controls the combustion plant, or to whom decisive economic

power over the technical functioning of the plant has been

delegated;

"permit" means an authorisation issued by the competent

authority to operate all or part of an installation falling within the

scope of these regulations;

"rated thermal input" means the rate at which fuel can be

burned at the maximum continuous rating of the combustion

plant multiplied by the net heat value of the fuel expressed as

megawatts thermal (MW Th );

"refinery fuel" means solid, liquid or gaseous combustible

material from the distillation and conversion steps of the refining

of crude oil, including refinery fuel gas, syngas, refinery oils and

pet coke;

"small isolated system" or "SIS" means any system with

consumption of less than 3 000 GWh in the year 1996, where

less than 5% of annual consumption is obtained through

interconnection with other systems;

"waste" means "waste" as defined in the Waste S.L. 549.63.

Regulations;

"zone" means "zone" as defined in the Ambient Air S.L. 549.59.

Quality Regulations;

(1) These regulations shall apply to combustion plants Applicability.

with a rated thermal input equal to or greater than 1 MW and less than

50 MW (hereinafter referred to as ‘medium combustion plants’),

irrespective of the type of fuel they use.

(2) These regulations shall also apply to a combination formed

by new medium combustion plants pursuant to regulation 6 including a

combination where the total rated thermal input is equal to or greater

than 50 MW, unless the combination forms a combustion plant

covered by the Industrial Emissions (Large Combustion Plants) S.L. 549.78.

Regulations.

(1)

These regulations shall not apply to

Non-

applicability.

(a) combustion plants covered by the Industrial S.L. 549.78.

Emissions (Large Combustion Plants) Regulations and the S.L. 549.81.

Industrial Emissions (Waste Incineration) Regulations;

(b) combustion plants covered by the Measures Against S.L. 427.85.

the Emission of Gaseous and Particulate Pollutants from Internal

Combustion Engines to be Installed in Non-Road Mobile

Machinery Regulations;

(c) on-farm combustion plants with a total rated thermal

input less than or equal to 5 MW, that exclusively use

unprocessed poultry manure, as referred to in Article 9(a) of

Regulation (EC) No. 1069/2009 of the European Parliament and

of the Council, as a fuel;

(d) combustion plants in which the gaseous products of

combustion are used for the direct heating, drying or any other

treatment of objects or materials;

(e) combustion plants in which the gaseous products of

combustion are used for direct gas-fired heating used to heat

indoor spaces for the purpose of improving workplace

conditions;

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

gases from industrial processes by combustion, and which are

not operated as independent combustion plants;

(g) any technical apparatus used in the propulsion of a

vehicle, ship or aircraft;

(h) gas turbines and gas and diesel engines, when used on

offshore platforms

(i) facilities for the regeneration of catalytic cracking

catalysts;

(j)

facilities for the conversion of hydrogen sulphide into

sulphur;

(k)

reactors used in the chemical industry;

(l)

coke battery furnaces;

(m) cowpers;

(n)

crematoria;

(o) combustion plants firing refinery fuels alone or with

other fuels for the production of energy within mineral oil and

gas refineries;

(p) recovery

boilers

within

installations

for

the

production of pulp.

(2) These regulations shall not apply to research activities,

development activities, or testing activities relating to medium

combustion plants. Prior notification to the competent authority and

subsequent approval by the competent authority is required for such an

exemption.

(1) A combination formed by two or more new medium Aggregation.

combustion plants shall be considered to be a single medium

combustion plant for the purposes of these regulations and their rated

thermal input shall be added together for the purpose of calculating the

total rated thermal input of the plant, where

(a) the waste gases of such medium combustion plants

are discharged through a common stack; or

(b) taking into account technical and economic factors,

the waste gases of such medium combustion plants could, in the

judgement of the competent authority, be discharged through a

common stack.

(2) The minimum chimney heights for the installations within Stack height.

the scope of regulation 4 shall not be less than those calculated

according to the guidelines issued by any other regulating entities

Provided that the chimney height shall in no case be less

than 3 meters above roof level.

(3) The provisions of sub-regulation (2) may be reviewed if it

results to the Authority through studies by the operator upon request of

the Authority, that chimney height requires to be increased so as to

enable in-stack monitoring and provided further that this review does

not lead to any exceedances of the limit values or target values in

Schedule 7 of the Ambient Air Quality Regulations.

(1) No new medium combustion plant shall be operated Permits.

without a permit.

(2) (a) As of1 January 2024, no existing medium

combustion plant with a rated thermal input greater than 5 MW shall

be operated without a permit.

(b) As of 1 January 2029, no existing medium

combustion plant with a rated thermal input of less than or equal

to 5 MW shall be operated without a permit.

(1) Medium combustion plants falling within the scope Obligation to

of these regulations as defined in regulation 4 shall be permitted by the hold a permit.

Authority.

(2) Any authorisation granted under the Act or any regulations

thereunder may be combined with the permit required under sub-

regulation (1) to form a single permit provided such permit contains

the information required under these regulations.

(3) The permit referred to in sub-regulation (2) will include the

type, frequency and format of information concerning events of non-

compliance to be provided by operators to the competent authority.

(4) (a) Operators of new medium combustion plants referred

to in sub-regulation (1) shall notify the Authority and apply for a

permit from the Authority prior to commencement of operations.

(b) Operators of existing medium combustion plants

listed under sub-regulation (1) with a rated thermal input greater

than 5 MW shall apply for a permit with the Authority by the end

of June 2023. Such plant shall not be operated after 31 st

December 2023 unless duly permitted by the Authority.

(c) Operators of existing medium combustion plants

listed under sub-regulation (1) with a rated thermal input of less

than or equal to 5 MW shall apply for a permit with the

Authority by the end of June 2028. Such plant shall not be

operated after 31 st December 2028 unless duly permitted by the

Authority.

(d) An application for a permit with the competent

authority shall be carried out using the application form

published by the Authority on its website. Such application shall

be accompanied by the information listed in the First Schedule.

(5) An application for a permit shall be deemed to be duly

made when the applicant fulfils the requirements of sub-regulation

(4)(d).

(6) Decision by the Authority shall be communicated in

writing to the operator.

(7) Permits granted by the competent authority shall be valid

for a prescribed period commencing on the date on which the official

endorsement by the Authority is issued.

(8) The competent authority may request a bank guarantee to

ensure compliance with the conditions laid down in a permit.

(9)

The Authority shall give specific reasons upon refusal of a

permit.

(10) An application for renewal of the permit shall be submitted

to the Authority within the time-frame stipulated in the permit and on

the form provided by the Authority. This form shall be accompanied

by

(a) any other relevant documentation requested on the

form; and

(b)

the permit fee as established by the Authority.

(1) The competent authority may add, amend, substitute

or revoke any condition in a permit in the following cases

(a) where the pollution caused by the installation is of

such significance that the existing emission limit values of the

permit need to be revised or new values need to be included in

the permit; or

(b) where the operational safety requires other techniques

to be used; or

(c) where it is necessary to comply with new or revised

environmental legislation enacted under the Act; or

(d)

where the validity of a permit has elapsed; or

(e) as the Authority deems fit in accordance to these

regulations

The Authority shall inform the operator in writing of such

changes which shall be put into effect within a time frame stipulated

by the Authority.

(2) The competent authority shall start the procedure for

granting a permit to the medium combustion plant within one month of

the operator providing the information referred to in regulation 8(4).

(3) The competent authority shall hold a register with

information on each medium combustion plant including the

information listed in the First Schedule and the information obtained

pursuant to regulation 10. Existing medium combustion plants shall be

included in the register from the date when granted a permit in

accordance with these regulations. The competent authority shall make

the information contained in the register available to the public,

including via the internet, in accordance with the Freedom of Access S.L. 549.39.

to Information on the Environment Regulations.

(4) For medium combustion plants which are part of an

installation covered by the Industrial Emissions (Integrated Pollution S.L. 549.77.

Prevention and Control) Regulations, the requirements of this

regulation shall be deemed to be fulfilled through compliance with

those regulations.

(1) The operator shall inform the competent authority,

without undue delay, of any planned change to the medium

combustion plant which would affect the applicable emission limit

values.

(2) The competent authority shall update the permit, as

appropriate, accordingly and the plant shall not commence or resume

operations unless such an update is issued.

(1) Without prejudice to the Industrial Emissions

(Integrated Pollution Prevention and Control) Regulations, where

applicable, the emission limit values set out in the Second Schedule to

these regulations shall apply to medium combustion plants.

(2) Where a medium combustion plant simultaneously uses

two or more fuels, the emission limit value for each pollutant shall be

calculated by

(a) taking the emission limit value relevant for each

individual fuel as set out in the Second Schedule;

(b) determining the fuel-weighted emission limit value,

which is obtained by multiplying the individual emission limit

value referred to in point (a) by the thermal input delivered by

each fuel, and dividing the product of multiplication by the sum

of the thermal inputs delivered by all fuels; and

(c)

aggregating the fuel-weighted emission limit values.

(3) From 1 January 2025, emissions into the air of SO 2 , NO x

and dust from an existing medium combustion plant with a rated

thermal input greater than 5 MW shall not exceed the emission limit

values set out in Tables 2 and 3 of Part 1 of the Second Schedule.

(4) From 1 January 2030, emissions into the air of SO 2 , NO x

and dust from an existing medium combustion plant with a rated

thermal input of less than or equal to 5 MW shall not exceed the

emission limit values set out in Tables 1 and 3 of Part 1 of the Second

Schedule.

(5) From 20 December 2018, emissions into the air of SO 2 ,

NO x and dust from a new medium combustion plant shall not exceed

the emission limit values set out in Part 2 of the Second Schedule.

(1) Existing medium combustion plants which do not Exemptions

operate more than 500 operating hours per year, as a rolling average from

with the

over a period of five years may be exempted by the competent Emission

Values.

authority from compliance with the emission limit values set out in Existing plants.

Tables 1, 2 and 3 of Part 1 of the Second Schedule.

(2) The competent authority may extend the limit referred to in

sub-regulation (1) to 1,000 operating hours for backup power

production in connected islands in the event of an interruption of the

main power supply to an island in cases of emergency or extraordinary

circumstances. In such cases, an emission limit value for dust of 200

mg/Nm 3 shall apply for plants firing solid fuels.

(3) Existing medium combustion plants which are part of SIS

or MIS shall comply with the emission limit values set out in Tables 1,

2 and 3 of Part 1 of the Second Schedule from 1 January 2030.

(4) (a) Until 1 January 2030, the competent authority may

exempt existing medium combustion plants with a rated thermal input

greater than 5 MW from compliance with the emission limit values set

out in the Second Schedule provided that at least 50% of the useful

heat production of the plant, as a rolling average over a period of five

years, is delivered in the form of steam or hot water to a public

network for district heating. In the event of such exemption, the

emission limit values set by the competent authority shall not exceed

1,100 mg/Nm 3 for SO 2 and 150 mg/Nm 3 for dust.

(b) Until 1 January 2030, the competent authority may

exempt medium combustion plants firing solid biomass as the

main fuel, which are situated in zones where, according to

assessments under the Ambient Air Quality Regulations, S.L. 549.59.

conformity with the limit values of those regulations is ensured,

from compliance with the emission limit values for dust set out

in the Second Schedule. In the event of such exemption, the

emission limit values set by the competent authority shall not

exceed 150 mg/Nm 3 for dust.

(c) The competent authority shall in any case ensure that

no significant pollution is caused and that a high level of

protection of the environment as a whole is achieved.

(5) Until 1 January 2030, the competent authority may exempt

existing medium combustion plants with a rated thermal input greater

than 5 MW and which are used to drive gas compressor stations

required to ensure the safety and security of a national gas

transmission system, from compliance with the emission limit values

for NO x set out in Table 3 of Part 1 of the Second Schedule.

(6) The competent authority may exempt new medium

combustion plants which do not operate more than 500 operating hours

per year, as a rolling average over a period of three years, from

compliance with the emission limit values set out in Part 2 of the

Second Schedule. In the event of such exemption, an emission limit

value for dust of 100 mg/Nm 3 shall apply for plants firing solid fuels.

(7) In zones or parts of zones not complying with the air

quality limit values laid down in Ambient Air Quality Regulations, the

competent authority shall assess the need to apply, for individual

medium combustion plants in those zones or parts of zones, stricter

emission limit values than those set out in these regulations, as part of

the development of air quality plans referred to in regulation 33 of the

Ambient Air Quality Regulations, provided that applying such

emission limit values would effectively contribute to a noticeable

improvement of air quality.

(8) (a) The competent authority may grant a derogation for a

maximum period of six months from the obligation to comply with the

emission limit values provided for in sub-regulations 11(3), 11(4) and

11(5) for SO 2 in respect of a medium combustion plant which

normally uses low-sulphur fuel, in cases where the operator is unable

to comply with those emission limit values because of an interruption

in the supply of low-sulphur fuel resulting from a serious shortage.

(b) The competent authority may grant a derogation from

the obligation to comply with the emission limit values provided

for in sub-regulations 11(3), 11(4) and 11(5) in cases where a

medium combustion plant using only gaseous fuel has to resort

exceptionally to the use of other fuels because of a sudden

interruption in the supply of gas and, for this reason, would need

to be equipped with secondary abatement equipment. The period

for which such derogation is granted shall not exceed ten days

except where the operator demonstrates to the satisfaction of the

competent authority that a longer period is justified.

(c) In the cases mentioned in this regulation, the operator

shall request the Director responsible for the Environment in

writing for the derogation provided for in the above sub-

regulations as soon as the cases in question arise. In doing so the

operator shall forward all the relevant technical information

requested by the competent authority. The competent authority

shall at its discretion issue a temporary derogation according to

the provisions of this sub-regulation in accordance with the

notification referred to in the Forth Schedule. The competent

authority shall update the register and publish this notification

together with all the information forwarded by the operator on its

website.

(1) Operators shall monitor emissions in accordance with Obligations of

the operator.

Part 1 of the Third Schedule.

(2) For medium combustion plants using multiple fuels, the

monitoring of emissions shall be done while firing a fuel or fuel mix

that is likely to result in the highest level of emissions and during a

period representing normal operating conditions.

(3) The operator shall keep a record of and process all

monitoring results in such a way as to enable the verification of

compliance with the emission limit values in accordance with the rules

set out in Part 2 of the Third Schedule.

(4) For medium combustion plants using secondary abatement

equipment in order to meet the emission limit values, the operator shall

keep a record of, or information proving, the effective continuous

operation of that equipment.

(5) (i) The operator of a medium combustion plant shall

keep the following

(a) the permit issued by the competent authority

and, if relevant, its updated version and related

information;

(b) the monitoring results and information referred

to in sub-regulations (3) and (4);

(c) where applicable, a record of operating hours as

referred to in regulations 12(1), 12(2) and 12(6);

(d) a record of the type and quantities of fuels used

in the plant and of any malfunctions or breakdown of

secondary abatement equipment;

(e) a record of the events of non-compliance and

the measures taken, as referred to in sub-regulation (7).

(ii) The data and information referred to in sub-regulation

5 (b) to (e) shall be kept for a period of at least six years.

(6) The operator shall, without undue delay, make available the

data and information listed in sub-regulation (5) to the competent

authority upon its request. The competent authority shall also make

such a request if a member of the public requests access to the data or

information listed in sub-regulation (5).

(7) In the event of non-compliance with the emission limit

values set out in the Second Schedule, the operator shall take the

measures necessary to ensure that compliance is restored within the

shortest possible time, without prejudice to the measures required

under regulation 14. In the event of non-compliance the procedure

referred to in regulation 14(6) shall apply.

(8) The operator shall provide the competent authority with all

necessary assistance to enable it to carry out any inspections and site

visits, to take samples and to gather any information necessary for the

performance of its duties for the purposes of these regulations.

(9) The operator shall keep the periods of start-up and shut-

down of the medium combustion plant as short as possible.

(1) Further to articles 73 and 74 of the Act, the Authority

shall carry out inspections and monitoring of installations falling

within the scope of these regulations as deemed necessary.

(2) The competent authority shall set up a system of

environmental inspections of installations to ascertain compliance with

these regulations.

(3) In fulfilling its compliance checks the Authority shall

ensure that the valid values for emissions monitored are in accordance

with the Third Schedule and do not exceed the emission limit values

set out in the Second Schedule or any other limit value set by the

Authority in the permit.

(4) When drawing up such a system of environmental

inspections the Authority may utilise information based on

environmental risks, records of the operator’s compliance with

conditions and the participation of the operator in the European Union

eco-management and audit scheme (EMAS), pursuant to Regulation

(EC) No. 1221/2009 or ISO 14001.

(5) Non-routine environmental inspections shall be carried out

to investigate serious environmental complaints, serious

environmental accidents, incidents and occurrences of non-

compliance.

(6) In the event of non-compliance and without prejudice to

sub-regulation 13(7) the competent authority shall require the operator

to take any measures necessary to ensure that compliance is restored

without undue delay.

(7) Where non-compliance causes a significant degradation of

local air quality, the operation of the medium combustion plant shall

be suspended until compliance is restored and following notification

from the Authority. Operations of the medium combustion plants shall

resume upon further notification by the Authority including

confirmation that any corrective action requested by the Authority

have been addressed.

The Authority may require the operator to submit periodic Reporting.

reports as part of the obligations arising out of the permit issued by the

Authority.

Any person who

Offences.

(a) fails to comply with any provision of these

regulations; or

(b) fails to comply with permit conditions or with any

order lawfully given in terms of any provision of these

regulations; or

(c) operates a medium combustion plant falling within

the scope of these regulations without a permit; or

(d)

contravenes a condition in an environmental permit;

or

(e)

fails to comply with any notice issued under the Act;

or

(f) provides incorrect values, data or other information

pertaining to the relevant activity; or

(g)

does not report a breach of a condition in the permit;

or

(h) conspires or attempts to conspire, or aids, or abets,

any other person by whatever means, including advertising,

counselling or procurement, to contravene the provisions of

these regulations, or to fail to comply with any such provisions,

including any order lawfully given in terms of any of the

provisions of these regulations, or to contravene any restriction,

prohibition or requirement by or under the said regulations,

shall be guilty of an offence against these regulations.

Any person who commits or attempts to commit an offence Penalties.

against these regulations shall, on conviction, be liable

(a) in the case of a first offence, a fine (multa) of not less

than one-thousand five hundred euro (€1,500) but not exceeding

three thousand euro (€3,000), or to imprisonment for a term not

exceeding two years, or to both such fine and imprisonment;

(b) in the case of a second or subsequent offence, a fine

(multa) of not less than three thousand euro (€3,000) to but not

exceeding six thousand euro (€6,000), or imprisonment not

exceeding two years, or both such fine and imprisonment.

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, to undertake mitigation or prevention

measures in order to address offence-related damages, the revocation

of the permit issued by the competent authority and the confiscation of

the corpus delicti, if applicable.

The provisions of articles 23 and 30(1) of the Criminal

Code shall mutatis mutandis, apply to proceedings in respect of

offences against these regulations, so however that the disqualification

from holding or obtaining a licence, permit or authorisation shall in no

case be for less than one year.

(1) The competent authority shall charge fees in respect

of applications including for the variation, transfer, renewal, surrender

or derogation thereof, as contained in the Fifth Schedule.

(2) An application fee for any new permit, variation, transfer,

renewal, surrender or derogation thereof shall be paid to the competent

authority on submission of application.

(3) The competent authority shall not process any application

for a permit unless the fees due to the Authority have been paid. This

shall also apply to any fees relative to a previous permit in respect of

an installation or any technically connected installation.

(4) No refund shall be granted once an application for a permit

(or variation, transfer, renewal, surrender or derogation thereof) has

been submitted to the Authority.

(5) In the case where an application for a permit (or variation,

transfer, renewal, surrender or derogation thereof) is refused by the

competent authority, the fees paid shall not be refunded.

First Schedule

(Regulations 8 and 9)

Information To Be Provided By The Operator To The Competent

Authority

1. Rated thermal input (MW) of the medium combustion plant;

2. Type of the medium combustion plant (diesel engine, gas

turbine, dual fuel engine, other engine or other medium

combustion plant);

3. The yearly fuel burn by fuel type;

4. The yearly waste gas flow rate;

5. Type and share of fuels used according to the fuel categories

laid down in the Second Schedule;

6. Date of the start of the operation of the medium combustion

plant or, where the exact date of the start of the operation is

unknown, proof of the fact that the operation started before 20

December 2018;

7. Sector of activity of the medium combustion plant or the facility

in which it is applied (NACE code);

8. Expected number of annual operating hours of the medium

combustion plant and average load in use;

9. Where the option of exemption under regulation 12(1),

regulation 12(2) or regulation 12(6) is used, a declaration signed

by the operator that the medium combustion plant will not be

operated more than the number of hours referred to in those sub-

regulations;

10. Name and registered office of the operator and, in the case of

stationary medium combustion plants, the address where the

plant is located;

Site plan showing the precise location of the medium

combustion plant and the associated emission point;

12. The GIS coordinates of all the points at which pollutants are

discharged into the atmosphere as well as the stack heights.

13. Details of the full nature and extent of the activity;

14. Any other details and documents as may be required from time

to time by the Authority.

Second Schedule

(Regulations 11, 12, 13 and 14)

EMISSION LIMIT VALUES REFERRED TO IN REGULATION

All emission limit values set out in this schedule are defined at a

temperature of 273,15 K, a pressure of 101,3 kPa and after correction

for the water vapour content of the waste gases and at a standardised

O 2 content of 6% for medium combustion plants using solid fuels, 3%

for medium combustion plants, other than engines and gas turbines,

using liquid and gaseous fuels and 15% for engines and gas turbines.

PART 1

Emission limit values for existing medium combustion plants

Table 1

Emission limit values (mg/Nm 3 ) for existing medium

combustion plants with a rated thermal input equal to or greater than 1

MW and less than or equal to 5 MW, other than engines and gas

turbine.

Gaseous

fuels

Liquid

Solid

Other

other

Gas oil

fuels other

Natural gas

biomass

solid fuels

than

than gas oil

natural

gas

(1),(2)

200 (3)

–

–

–

–

–

(1)

The value does not apply in the case of plants firing exclusively woody solid

biomass.

(2)

300 mg/Nm 3 in the case of plants firing straw.

(3)

400 mg/Nm 3 in the case of low calorific gases from coke ovens in the iron and

steel industry.

Table 2

Emission limit values (mg/Nm 3 ) for existing medium

combustion plants with a rated thermal input greater than 5 MW, other

than engines and gas turbines.

Liquid

Solid

Other

Pollutant

Gas oil

fuels other

Natural gas

biomass

solid fuels

than gas oil

SO 2

200 (1),(2)

400 (3)

350 (4)

–

–

NO x

30 (7)

30 (7)

Dust

–

–

(1)

The value does not apply in the case of plants firing exclusively woody solid

biomass.

(2)

300 mg/Nm 3 in the case of plants firing straw.

(3)

1100 mg/Nm 3 in the case of plants with a rated thermal input greater than 5

MW and less than or equal to 20 MW.

(4)

Until 1 January 2030, 850 mg/Nm 3 in the case of plants with a rated thermal

input greater than 5 MW and less than or equal to 20 MW firing heavy fuel oil.

(5)

400 mg/Nm 3 in the case of low calorific gases from coke ovens, and 200 mg/

Nm 3 in the case of low calorific gases from blast furnaces, in the iron and steel

industry.

(6)

170 mg/Nm 3 in the case of biogas.

(7)

50 mg/Nm 3 in the case of plants with a rated thermal input greater than 5 MW

and less than or equal to 20 MW.

Table 3

Emission limit values (mg/Nm 3 ) for existing engines and gas

turbines

Gaseous

Type of medium

Liquid fuels

fuels other

combustion

Gas oil

other than gas

Natural gas

than

plant

oil

natural gas

Engines and gas

15 (1),(2)

–

–

turbines

190 (3),(4

190 (3),(5)

190 (6)

190 (6)

Engines

)

Gas Turbines (7)

Engines and gas

10 (8)

–

–

–

turbines

(1)

60 mg/Nm 3 in the case of biogas.

(2)

130 mg/Nm 3 in the case of low calorific gases from coke ovens, and 65 mg/

Nm 3 in the case of low calorific gases from blast furnaces, in the iron and steel

industry.

(3)

1 850 mg/Nm 3 in the following cases

- for diesel engines he construction of which commenced before 18 May 2006;

- for dual fuel engines in liquid mode.

(4)

250 mg/Nm 3 in the case of engines with a rated thermal input equal to or

greater than 1 MW and less than or equal to 5 MW.

(5)

250 mg/Nm 3 in the case of engines with a rated thermal input equal to or

greater than 1 MW and less than or equal to 5 MW; 225 mg/Nm 3 in the case of

engines with a rated thermal input greater than 5 MW and less than or equal

to 20 MW.

(6)

380 mg/Nm 3 for dual fuel engines in gas mode.

(7)

Emission limit values are only applicable above 70 % load.

(8)

20 mg/Nm 3 in the case of plants with a rated thermal input equal to or greater

than 1 MW and less than or equal to 20 MW.

PART 2

Emission limit values for new medium combustion plants

Table 1

Emission limit values (mg/Nm 3 ) for new medium combustion

plants other than engines and gas turbines

Liquid

Solid

Other

Pollutant

Gas oil

fuels other

Natural gas

biomass

solid fuels

than gas oil

SO 2

(1)

(2)

–

–

NO x

300 (5)

300 (5)

300 (6)

20 (7)

20 (7)

20 (8)

Dust

–

–

(1)

The value does not apply in the case of plants firing exclusively woody solid

biomass.

(2)

Until 1 January 2025, 1 700 mg/Nm 3 in the case of plants which are part of SIS

or MIS.

(3)

400 mg/Nm 3 in the case of low calorific gases from coke ovens, and 200 mg/

Nm 3 in the case of low calorific gases from blast furnaces, in the iron and steel

industry.

(4)

100 mg/Nm 3 in the case of biogas.

(5)

500 mg/Nm 3 in the case of plants with a total rated thermal input equal to or

greater than 1 MW and less than or equal to 5 MW.

(6)

Until 1 January 2025, 450 mg/Nm 3 when firing heavy fuel oil containing

between 0,2 % and 0,3 % N and 360 mg/Nm 3 when firing heavy fuel oil

containing less than 0,2 % N in the case of plants which are part of SIS or MIS

(7)

50 mg/Nm 3 in the case of plants with a total rated thermal input equal to or

greater than 1 MW and less than or equal to 5 MW; 30 mg/Nm 3 in the case of

plants with a total rated thermal input greater than 5 MW and less than or equal

to 20 MW.

(8)

50 mg/Nm 3 in the case of plants with a total rated thermal input equal to or

greater than 1 MW and less than or equal to 5 MW.

Table 2

Emission limit values (mg/Nm 3 ) for new engines and gas

turbines

Gaseous

Type of medium

Liquid fuels

fuels other

combustion

Gas oil

other than gas

Natural gas

than

plant

oil

natural gas

Engines and gas

120 (1)

15 (2)

–

–

turbines

Engines (3),(4)

190 (5)

190 (5),(6)

95 (7)

Gas Turbines (8)

75 (9)

Engines and gas

10 (10),(11)

–

–

–

turbines

(1)

Until 1 January 2025, 590 mg/Nm 3 for diesel engines which are part of SIS or

MIS.

(2)

40 mg/Nm 3 in the case of biogas.

(3)

Engines running between 500 and 1 500 hours per year may be exempted from

compliance with those emission limit values if they are applying primary

measures to limit NO x emissions and meet the emission limit values set out in

footnote (4).

(4)

Until 1 January 2025 in SIS and MIS, 1 850 mg/Nm 3 for dual fuel engines in

liquid mode and 380 mg/Nm 3 in gas mode; 1 300 mg/Nm 3 for diesel engines

with ≤ 1 200 rpm with a total rated thermal input less than or equal to 20 MW

and 1 850 mg/Nm 3 for diesel engines with a total rated thermal input greater

than 20 MW; 750 mg/Nm 3 for diesel engines with > 1 200 rpm.

(5)

225 mg/Nm 3 for dual fuel engines in liquid mode.

(6)

225 mg/Nm 3 for diesel engines with a total rated thermal input less than or

equal to 20 MW with ≤ 1 200 rpm.

(7)

190 mg/Nm 3 for dual fuel engines in gas mode.

(8)

These emission limit values are only applicable above 70 % load.

(9)

Until 1 January 2025, 550 mg/Nm 3 for plants which are part of SIS or MIS.

(10)

Until 1 January 2025, 75 mg/Nm 3 for diesel engines which are part of SIS or

MIS.

(11)

20 mg/Nm 3 in the case of plants with a total rated thermal input equal to or

greater than 1 MW and less than or equal to 5 MW

Third Schedule

(Regulations 13 and 14)

MONITORING OF EMISSIONS AND ASSESSMENT OF

COMPLIANCE

PART 1

Monitoring of emissions by the operator

1. Periodic measurements shall be required at least

— every three years for medium combustion plants with

a rated thermal input equal to or greater than 1 MW and less than

or equal to 20 MW;

— every year for medium combustion plants with a rated

thermal input greater than 20 MW.

2. As an alternative to the frequencies referred to in point 1, in

the case of medium combustion plants which are subject to regulation

12(1), regulation 12(2) or regulation 12(6), periodic measurements

may be required at least each time the following numbers of operating

hours have elapsed

— three times the number of maximum average annual

operating hours, applicable pursuant to regulation 12(1),

regulation 12(2) or regulation 12(6), for medium combustion

plants with a rated thermal input equal to or greater than 1 MW

and less than or equal to 20 MW,

— the number of maximum average annual operating

hours, applicable pursuant to regulation 12(1), regulation 12(2)

or regulation 12(6), for medium combustion plants with a rated

thermal input greater than 20 MW.

The frequency of periodic measurements shall in any case not be

lower than once every five years.

3. Measurements shall be required only for

(a) pollutants for which an emission limit value is laid

down in these regulations for the plant concerned;

(b)

CO for all plants.

4. The first measurements shall be carried out within four months

of the grant of a permit to the plant, or of the date of the start of

the operation, whichever is the latest.

5. As an alternative to the measurements referred to in items 1, 2

and 3(a), as regards SO 2 , other procedures, verified and

approved by the competent authority, may be used to determine

the SO 2 emissions.

6. As an alternative to the periodic measurements referred to in

item 1, the competent authority may require continuous

measurements.

In the case of continuous measurements, the automated

measuring systems shall be subject to checking by means of

parallel measurements with the reference methods at least once

per year and the operator shall inform the competent authority

about the results of those checks.

7. Sampling and analysis of polluting substances and

measurements of process parameters as well as any alternatives

used as referred to under items 5 and 6 shall be based on

methods enabling reliable, representative and comparable

results. Methods complying with harmonised EN standards shall

be presumed to satisfy this requirement. During each

measurement, the plant shall be operating under stable

conditions at a representative even load. In this context, start-up

and shut-down periods shall be excluded.

PART 2

Assessment of compliance

1. In the case of periodic measurements, the emission limit values

referred to in regulation 11 and regulation 12 shall be regarded

as having been complied with if the results of each of the series

of measurements or of the other procedures defined and

determined in accordance with the rules laid down by the

competent authority, do not exceed the relevant emission limit

value.

2. In the case of continuous measurements, compliance with the

emission limit values referred to in regulation 11 and regulation

12 shall be regarded as having been complied with if

(a) no validated monthly average value exceeds the

relevant emission limit values set out in the Second Schedule;

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

relevant emission limit values set out in the Second Schedule;

(c)

no validated daily average value exceeds 150% of the

relevant emission limit values set out in the Second Schedule in

cases of combustion plants composed only of boilers using coal;

(d) 95% of all the validated hourly average values over

the year do not exceed 200% of the relevant emission limit

values set out in the Second Schedule.

Validated averages are determined as set out in point 3 below.

3. The validated average values are determined as follows

(a) At the 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 oxides

20%

Dust

30%

(b) The validated hourly and daily average values shall

be determined from the measured valid hourly average values

after having subtracted the value of the confidence interval

specified in point (a) above.

Any day in which more than three hourly average values are

invalid due to malfunction or maintenance of the automated

measuring system shall be invalidated. If more than 10 days

over a year are invalidated for such situations the competent

authority shall require the operator to take adequate measures to

improve the reliability of the automated measuring system.

4. For the purpose of the calculation of the average emission

values, the values measured during the periods referred to in

regulation 11(2) and regulation 12(8) as well as during the start-

up and shut-down periods shall be disregarded.

Forth Schedule

(Regulation 12)

Derogation As Per Regulation 12(8)

Notification of a temporary derogation from compliance with

Medium Combustion Plants Emission Limit Values.

In view of the written request by [person submitting the request]

on behalf of [operator], dated [date], I [Name of Director], in my

capacity as Director of Environment Protection have examined all the

information handed by [operator] together with the above mentioned

request and have decided to allow for a derogation from [type of

derogation to be applied to plant] for the [name of the plant] operated

by [name of operator] having its registered address at [registered

address of the operator] and subject to the Permit [permit number]

issued on the [date of issue of the permit] for a period not exceeding

[time]. This derogation is subject to the following conditions

[Signature]

[Name, SURNAME]

Director of Environment Protection

Attached a copy of the request for derogation and technical

information related to the case.

Fifth Schedule

REGULATION 19: SCHEDULE OF FEES

Fees

Rated thermal

≥1≤5

>5≤10

>10≤20

>20≤30

>30≤40

>40<50

input (MW TH )

Fee for new

€500

€800

€1,500

€2,700

€3,500

€4,500

permit

Fee for

transfer of

10 % of the application fee for new permit 1.

ownership or

variation

Fee for

renewal or

25 % of the application fee for new permit

surrender

Fee for

40% of the application fee for new permit 2.

derogation

1. The fee for a variation shall not be payable if the variation is imposed by the competent

authority and not requested by the operator.

2. The fee for derogation shall be paid in addition to the fee for new permit.

€2.52