LIMITATION OF EMISSIONS OF CERTAIN POLLUTANTS INTO THE AIR FROM MEDIUM COMBUSTION PLANTS REGULATIONS

POLLUTANTS INTO THE AIR FROM MEDIUM

COMBUSTION PLANTS

SUBSIDIARY LEGISLATION 549.122

LIMITATION OF EMISSIONS OF CERTAIN

POLLUTANTS INTO THE AIR FROM MEDIUM

COMBUSTION PLANTS REGULATIONS

3rd April, 2018

LEGAL NOTICE 101 of 2018.

The title of these regulations is the Limitation of

Emissions of Certain Pollutants into the air from Medium Combustion

Plants Regulations.

(1)

These regulations transpose the provisions of

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 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;

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(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

POLLUTANTS INTO THE AIR FROM MEDIUM

COMBUSTION PLANTS

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 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

POLLUTANTS INTO THE AIR FROM MEDIUM

COMBUSTION PLANTS

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

POLLUTANTS INTO THE AIR FROM MEDIUM

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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

Regulations;

"zone" means "zone" as defined in the Ambient Air

Quality Regulations;

(1)

These regulations shall apply to combustion

plants 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)

Regulations.

(1)

These regulations shall not apply to

(a)

combustion plants covered by the Industrial

Emissions (Large Combustion Plants) Regulations and the

Industrial Emissions (Waste Incineration) Regulations;

(b)

combustion plants covered by the Measures

Against 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

POLLUTANTS INTO THE AIR FROM MEDIUM

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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 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

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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 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 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 of these regulations as defined in regulation 4 shall be permitted

by the 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.

POLLUTANTS INTO THE AIR FROM MEDIUM

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(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

POLLUTANTS INTO THE AIR FROM MEDIUM

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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

to Information on the Environment Regulations.

(4)

For medium combustion plants which are part of an

installation covered by the Industrial Emissions (Integrated Pollution

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.

POLLUTANTS INTO THE AIR FROM MEDIUM

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(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

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

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

authority from compliance with the emission limit values set out in

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

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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,

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),

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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 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

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(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.

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(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

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

Authority.

Any person who

(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

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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 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.

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(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.

POLLUTANTS INTO THE AIR FROM MEDIUM

COMBUSTION PLANTS

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.

POLLUTANTS INTO THE AIR FROM MEDIUM

COMBUSTION PLANTS

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

Liquid

fuels

Other

fuels

Solid

Gas

Natural

other

Pollutant

solid

other

biomass

oil

gas

than

fuels

than

natural

gas oil

gas

200 (1),(2)

200 (3)

SO 2

–

–

NO x

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)

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

steel industry.

POLLUTANTS INTO THE AIR FROM MEDIUM

COMBUSTION PLANTS

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.

Gaseous

Liquid

Solid

Other

Natural

fuels other

Pollutant

Gas oil

fuels other

biomass

solid fuels

gas

than

than gas oil

natural gas

200 (1),(2)

400 (3)

350 (4)

35 (5),(6)

SO 2

–

–

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.

POLLUTANTS INTO THE AIR FROM MEDIUM

COMBUSTION PLANTS

Table 3

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

turbines

Gaseous

Liquid

Gaseous

Type of

fuels

fuels

fuels other

medium

Natural

other

Pollutant

Gas oil

other

than

combustion

gas

than

than gas

natural

plant

natural

oil

gas

gas

Engines and

15 (1),(2)

SO 2

–

–

gas turbines

190 (3),(

190 (3),(

190 (6)

190 (6)

Engines

4)

5)

NO x

Gas

Turbines (7)

Engines and

10 (8)

Dust

–

–

–

gas 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 to5 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.

POLLUTANTS INTO THE AIR FROM MEDIUM

COMBUSTION PLANTS

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

Gaseous

Liquid fuels

fuels

Solid

Other

Natural

Pollutant

Gas oil

other than

other than

biomass

solid fuels

gas

gas oil

natural

gas

200 (1)

350 (2)

35 (3),(4)

SO 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.

POLLUTANTS INTO THE AIR FROM MEDIUM

COMBUSTION PLANTS

Table 2

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

turbines

Type of

Gaseous

Liquid fuels

medium

Natural

fuels other

Pollutant

Gas oil

other than gas

combustion

gas

than natural

oil

plant

gas

Engines and

120 (1)

15 (2)

SO 2

–

–

gas turbines

Engines (3),(4)

190 (5)

190 (5),(6)

95 (7)

NO x

Gas

75 (9)

Turbines (8)

Engines and

10 (10),(11)

Dust

–

–

–

gas 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 and1 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

POLLUTANTS INTO THE AIR FROM MEDIUM

COMBUSTION PLANTS

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

POLLUTANTS INTO THE AIR FROM MEDIUM

COMBUSTION PLANTS

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;

POLLUTANTS INTO THE AIR FROM MEDIUM

COMBUSTION PLANTS

(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.

POLLUTANTS INTO THE AIR FROM MEDIUM

COMBUSTION PLANTS

Fourth 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.

POLLUTANTS INTO THE AIR FROM MEDIUM

COMBUSTION PLANTS

Fifth Schedule

REGULATION 19: SCHEDULE OF FEES

Fees

Rated thermal

input

≥1≤5

>5≤10

>10≤20

>20≤30

>30≤40

>40<50

(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.