LIMIT VALUES AND QUALITY OBJECTIVES FOR MERCURY DISCHARGES BY THE CHLOR-ALKALI ELECTROLYSIS INDUSTRY REGULATIONS

THE CHLOR-ALKALI ELECTROLYSIS INDUSTRY

SUBSIDIARY LEGISLATION 549.14

LIMIT VALUES AND QUALITY OBJECTIVES FOR

MERCURY DISCHARGES BY THE CHLOR-ALKALI

ELECTROLYSIS INDUSTRY REGULATIONS

1st March, 2002

LEGAL NOTICE 220 of 2001, as amended by Legal Notices 426 of 2007

and 24 of 2011.

The title of these regulations is the Limit Values and

Quality Objectives for Mercury Discharges by the Chlor-alkali

Electrolysis Industry Regulations.

(1) For the purpose of these regulations and unless the

context otherwise requires

"competent authority" means the Department for Environment

Protection under the guidance of the Director for Environment

Protection and such other body or person as the Minister

responsible for the environment may by order in the Gazette

prescribe and different bodies or persons may be designated as a

competent authority for different provisions and different purposes

of these regulations;

"existing plant" means an industrial plant which is operational on

the date of entry into force these regulations;

"industrial plant" means a plant in which alkali chlorides are

electrolyzed by means of mercury cells;

"limit values" means the values specified in Annex I;

"mercury" means

(a) the chemical element mercury;

(b) the mercury contained in any of its compounds;

"new plant" means

(a) an industrial plant which has become operational after

the date of entry into force of these regulations;

(b) an existing industrial plant whose capacity for the

electrolysis of alkali chlorides by means of mercury

cells has been substantially increased after the date of

entry into force of these regulations.

(2) These regulations apply to the waters referred to in

regulation 2(2) of the Pollution Caused by Certain Dangerous

Substances Discharged into the Aquatic Environment Regulations,

with the exception of groundwater.

(1) The limit values, the time limits by which they shall be

complied with and the monitoring procedure for discharges are laid

down in Annex I.

THE CHLOR-ALKALI ELECTROLYSIS INDUSTRY

(2) The authorizations referred to in regulation 4 of the

Pollution Caused by Certain Dangerous Substances Discharged into

the Aquatic Environment Regulations shall contain provisions at

least as stringent as those in Annex I to these regulations, except in

cases where the competent authority is complying with regulation

7(3) of the Pollution Caused by Certain Dangerous Substances

Discharged into the Aquatic Environment Regulations, on the basis

of Annex IV to these regulations. The authorizations shall be

reviewed at least every four years.

(3) Without prejudice to their obligations arising out of

subregulations (1) and (2) and of the provisions of the Pollution

Caused by Certain Dangerous Substances Discharged into the

Aquatic Environment Regulations, the competent authority may

grant a licence for new plants only if such a licence contains a

reference to the standards corresponding to the best technical

means available for preventing discharges of mercury.

(4) The competent authority shall use or order the use of the

reference method of analysis for determining the presence of

mercury as given in Annex III.1 to these regulations. The

competent authority may where appropriate use or allow the use of

other methods, provided that the limits of detection, precision and

accuracy of such methods shall be at least as good as those laid

down in Annex III.I to these regulations. The accuracy required in

the measurement of eflluent flow shall be that given in Annex III.2

to these regulations.

The competent authority shall be responsible for

m o n i t o r i n g t h e a q u a t i c e n v i r o n m e n t a ff e c t e d b y i n d u s t r i a l

discharges. In the case of discharges affecting Maltese waters or the

waters of other countries, the competent authority shall cooperate

with other states to harmonize monitoring procedures.

Any person shall be guilty of an offence under these

regulations if

(a) he fails to comply with any order lawfully given in

terms of any provision of these regulations; or

(b) he contravenes any restriction, prohibition or

requirement imposed by or under these regulations.

Any person who commits an offence against these

regulations shall, on conviction, be liable

(a) on a first conviction to a fine (multa) of not less than

one thousand and one hundred and sixty-four euro and

sixty-nine cents (€1,164.69) but not exceeding two

thousand and three hundred and twenty-nine euro and

thirty-seven cents (€2,329.37);

(b) on a second or subsequent convictions, to a fine

(multa) of not less than two thousand and three

hundred and twenty-nine euro and thirty-seven cents

(€2,329.37) but not exceeding four thousand and six

hundred and fifty-eight euro and seventy-five cents

THE CHLOR-ALKALI ELECTROLYSIS INDUSTRY

(€4,658.75) or to imprisonment for a term not

exceeding two years, or to both such fine and

imprisonment

Provided that whenever any person is found guilty of

committing an offence under these regulations by means of a

vehicle, the owner of the said vehicle, where applicable, is held

liable in the same manner and degree

Provided further that the court shall order any person who

has been found guilty of committing an offence against these

regulations to pay for the expenses incurred by the public entities

and, or other persons acting on their behalf involved in the

implementation of these regulations and restitution of the

environment as a result of the said offence, the revocation of the

permit issued by the Police and the confiscation of the corpus

delicti.

(1) 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 obtain a licence, permit or

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

(2) Notwithstanding the provisions of article 370 of the

C r i m i n a l C o d e , p r o c e e d i n g s f o r a n o ff e n c e a g a i n s t t h e s e

regulations shall be taken before the Court of Magistrates (Malta)

or the Court of Magistrates (Gozo), as the case may be, and shall be

in accordance with the provisions of the Criminal Code regulating

the procedure before the said courts as courts of criminal

judicature.

(3) Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal to the Court of

Crim inal Appeal from anyjudgement given by the Court of

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

of proceedings for any offence against these regulations.

Annexes I to IV to these regulations are being published in

the English language with the English text of these regulations.

THE CHLOR-ALKALI ELECTROLYSIS INDUSTRY

ANNEX I

Limit values, time limits by which they must be complied with,

and monitoring procedure for discharges

1. The limit values expressed in terms of concentration which, in principle,

should not be exceeded are set out in the following table.

Unit of measurement

Monthly average limit values

Remarks

not to be exceeded from

the date of

3 years from

entry into

the date of

force of these entry into force

regulations

of these

regulations

Recycled brine and lost brine

Applicable to the total

M i c r o g r a m s of m e r c u r y p e r

quality of mercury present

litre

in all mercury-containing

water discharged from the

site of the industrial plant.

In all cases, limit values expressed as maximum concentrations may not be

greater than those expressed as maximum quantities divided by water requirements

per tonne of installed chlorine production capacity.

2. However, because the concentration of mercury in effluents depends upon

the volume of water involved, which is different for different processes and plants,

the limit values expressed in terms of quantity of mercury discharged in relation to

installed chlorine production capacity given in the following table shall be observed

in all cases.

Unit of measurement

Monthly average limit values

Remarks

not to be exceeded from

the date of

3 years from

entry into

the date of

force of these entry into force

regulations

of these

regulations

Recycled brine

0.5

0.5

Applicable to the mercury

Grams of mercury per tonne of

present in effluent

installed chlorine production

discharged from the

capacity

chlorine production unit

1.5

1.0

Applicable to the total

quantity of mercury present

in all mercury-containing

water discharged from the

site of the industrial plant

Lost brine

8.0

5.0

Applicable to the total

Grams of mercury per tonne of

quantity of mercury present

installed chlorine production

in all mercury-containing

capacity

water discharged from the

site of the industrial plant

3. The daily average limit values are four times the corresponding monthly

average limit values given in points 1 and 2.

4. In order to check whether the discharges comply with the emission standards

which have been fixed in accordance with the limit values laid down in this Annex, a

monitoring procedure shall be instituted. This procedure shall provide for

(a) the taking each day of a sample representative of the discharge over a

THE CHLOR-ALKALI ELECTROLYSIS INDUSTRY

period of 24 hours and the measurement of the mercury concentration of

that sample; and

(b) the measurement of the total flow of the discharge over that period.

The quantity of mercury discharged during a month shall be calculated by

adding together the quantities of mercury discharged each day during that month.

This total shall then be divided by the installed chlorine production capacity.

ANNEX II

Quality objectives

(Revoked by Legal Notice 24 of 2011)

ANNEX III

Reference method of measurement

1. The reference method of analysis for determining the mercury content in

waters, the flesh of fish, sediments and shellfish shall be by flameless atomic

absorption spectrophotometry after suitable pre-treatment of the sample which takes

account in particular of pre-oxidation of the mercury and of successive reduction of

the mercury ions Hg (II).

The limits of detection * must be such that the mercury concentration can be

measured to an accuracy † of ± 30% and a precision ‡ of ± 30% at the following

concentrations

(a) in the case of discharges, one tenth of the maximum permitted

concentration of mercury specified in the authorization,

(b) in the case of surface water, one tenth of the mercury concentration

specified in the quality objective,

(c) in the case of the flesh of fish and shellfish, one tenth of the mercury

concentration specified in the quality objective,

(d) in the case of sediments, one tenth of the mercury concentration in the

sample or 0.05 mg/kg dry weight, whichever is the greater.

2. Flow measurement shall be carried out to an accuracy of ± 20%.

*The definitions of these terms are as given in the Methods of Measurement and Frequencies of Sampling

and Analysis of Surface Water intended for the Abstraction of Drinking Water Regulations. (still to

transpose Directve 79/869/EEC).

†Ibid.

‡Ibid.

THE CHLOR-ALKALI ELECTROLYSIS INDUSTRY

ANNEX IV

Monitoring procedure for quality objectives

1. For each authorization granted in pursuance of these regulations, the

competent authority shall specify the restrictions, the monitoring procedure and

deadlines for ensuring compliance with the quality objective or objectives

concerned.

2. In accordance with regulation 7(3) of regulation 7 of the Certain Dangerous

Substances discharged into the Aquatic Environment Regulations, the competent

authority shall report to the Commission for each quality objective chosen and

applied, on

(a) the points of discharge and the means of dispersal;

(b) the area in which the quality objective is applied;

(c) the location of sampling points;

(d) the frequency of sampling;

(e) the methods of sampling and of measurement;

(f)

the results obtained.

3. Samples shall be properly representative of the quality of the aquatic

environment in the area affected by the discharges, and the frequency of sampling

shall be sufficient to show any changes in the aquatic environment, taking into

account in particular natural variations in the hydrological regime. The salt-water

fish analysis shall be carried out on a sufficiently representative number of samples

and species.

4. With regard to the quality objective in 1.1 of Annex II, the competent

authority shall choose the species of fish to be adopted as indicators for analysis. For

salt waters the species chosen from among those inhabiting coastal waters and

caught locally may include cod, whiting, plaice, mackerel, haddock and flounder.

Statement on regulation 3(3)

The Council and the Commission state that the application of the best technical

means available makes it possible to limit discharges of mercury from the site of a

new industrial plant using the recycled-brine process to less than 0.5 g/tonne of

installed chlorine production capacity.