PREVENTION AND REDUCTION OF ENVIRONMENTAL POLLUTION BY ASBESTOS REGULATIONS

SUBSIDIARY LEGISLATION 549.18

PREVENTION AND REDUCTION OF

ENVIRONMENTAL POLLUTION BY

ASBESTOS REGULATIONS

28th June, 2002

LEGAL NOTICE 228 of 2001, as amended by Legal Notice 426 of 2007.

The title of these regulations is the Prevention and

Reduction of Environmental Pollution by Asbestos Regulations.

For the purpose of these regulations and unless the context

otherwise requires

"asbestos" means the following fibrous silicates

(a) crocidolite (blue asbestos) - CAS No. 12001-28-4

(b) actinolite

- CAS No. 77536-66-4

(c) anthophyllite

- CAS No. 77536-67-5

(d) chrysotile (white asbestos) - CAS No.12001-29-56.2

(e) amosite (brown asbestos) - CAS No.12172-73-5

(f)

tremolite

- CAS No. 77536-68-66.1;

"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;

"raw asbestos" means the product resulting from the primary

crushing of asbestos ore;

"use of asbestos" means activities which involve the handling of

raw asbestos per year and which concern

(a) the production of raw asbestos ore excluding any

process directly associated with the mining of the ore;

or

(b) the manufacturing and industrial finishing of the

following products using raw asbestos: asbestos

cement or asbestos-cement products, asbestos friction

products, asbestos filters, asbestos textiles, asbestos

paper and card, asbestos jointing, packaging and

reinforcement materials, asbestos floor coverings, and

asbestos fillers;

"waste" means any substance or object as defined in article 2 of

the Environmental Protection Act;

"working of products containing asbestos" means activities other

than the use of asbestos, which are liable to release asbestos into

the environment.

(1)

No person may make use of asbestos.

(2) The competent authority shall ensure that asbestos

emissions into the air, asbestos discharges into the aquatic

environment, and solid asbestos waste are, as far as reasonably

practicable, reduced at source and prevented.

(3) In the case of existing and new plants, the requirement in

subregulation (1) that best available technology not entailing

excessive costs be used to reduce and eliminate emissions of

asbestos into the air, established in regulation 11 of the Combating

of Air Pollution from Industrial Plants Regulations, shall be

applied.

(1) Without prejudice to regulation 3, the competent

authority shall take the necessary measures to ensure that the

concentration of asbestos emitted through the discharge ducts into

the air during use of asbestos does not exceed a limit value of 0,1

mg/m 3 (milligrams of asbestos per m 3 of air discharged).

(2) The competent authority may exempt from the obligation

referred to in subregulation (1) the plants emitting less than 5,000

m 3 /hour total gaseous discharges, where the discharge of asbestos

into the air is not more than 0,5 grams per hour at any time under

normal operating conditions. When this exemption applies, the

competent authority shall take appropriate measures in order to

ensure that the thresholds referred to in subregulation (1) are not

exceeded.

The competent authority shall ensure that

(a) all aqueous effluent arising in the manufacture of

asbestos cement shall be recycled unless the plant

operator proves to the satisfaction of the authority that

such recycling is not economically feasible; the

competent authority shall take the measures necessary

to ensure that the disposal of liquid waste containing

asbestos does not result in pollution of the aquatic

environment and other sectors including the air.

Provided that the competent authority shall apply the

limit value of 30 grams of total suspended matter per

m 3 of aqueous effluent discharged;

(b) for each plant concerned, specify the volume of

discharges into water of the total quantity of

suspended matter discharged per tonne of product

taking account of the specific situation of the plant

Provided that these limits shall apply at the point

where the waste waters leave the industrial plant;

(c) all asbestos containing materials are to be adequately

maintained by the user or operator, as appropriate;

(d) all aqueous effluent arising in the manufacture of

asbestos paper or board shall be recycled

Provided that the authority may allow the discharge of

aqueous effluent containing not more than 30 grams of

suspended matter per m 3 of water during routine

cleaning or maintenance of the plant.

(1) The

competent authority

shall

ensure

that

measurements are taken at regular intervals, of emissions into the

air and of discharges of aqueous effluent from facilities to which

the limit values provided for in regulations 4 and 5 shall apply.

(2) For the purposes of checking compliance with the said limit

values the competent authority shall adopt the sampling and

analysis proce dures and meth od s i n co nf o r m it y w i th th o s e

described in the Annex or with any other procedure or method

which gives equivalent results.

The competent authority shall ensure that

(a) activities involving the working of products containing

asbestos do not cause significant environmental

pollution by asbestos fibres or dust;

(b) the demolition of buildings, structures and

installations containing asbestos and the removal

therefrom of asbestos or materials containing asbestos

involving the release of asbestos fibres or dust do not

cause significant asbestos environmental pollution.

The competent authority shall ensure that

(a) in the course of the transport and deposition of waste

containing asbestos fibres or dust, no such fibres or

dust are released into the air and no liquids which may

contain asbestos fibres are spilled;

(b) where waste containing asbestos fibres or dust is

landfilled at sites licensed for the purpose, such waste

is so treated, packaged or covered, with account being

taken of local conditions, that the release of asbestos

particles into the environment is prevented.

Any person shall be guilty of an offence under these

regulations if

(a) he fails to comply with any provision of these

regulations or with any order lawfully given in terms

of any provision of these regulations; or

(b) he contravenes any restriction, prohibition or

requirement imposed by or under these regulations; or

(c) he acts in contravention of any of the provisions of

these regulations; or

(d) he conspires or attempts, or aids, or abets, any other

person by whatever means, including advertising,

counselling or procurement to contravene the

provisions 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 imposed by or under the

said regulations.

Any person who commits an offence against these

regulations shall, on conviction, be liable

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

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

(€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

Criminal Code, proceedings for an offence against these

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

Criminal Appeal from any judgement given by the Court of

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

of proceedings for any offence against these regulations.

The Annex of these regulations is being published in

English together with the English version of these regulations.

ANNEX

METHODS OF SAMPLING AND ANALYSES

A. DISCHARGE OF AQUEOUS EFFLUENT

The reference method of analysis to determine total suspended matter (filterable

matter from the non-precipitated sample) as expressed in mg/l shall be filtering

through a 0,45 mm filter membrane, drying at 105ºC and weighing. *

Samples shall be taken in such a way as to be representative of the discharge over

a 24-hour period.

This determination shall be conducted to a precision † of ± 5% and an accuracy ‡ of

± 10%.

B. SPECIFICATIONS TO BE MET WHEN SELECTING A METHOD

FOR MEASURING EMISSIONS INTO THE AIR

I.

Gravimetric method

1. The method selected shall be a gravimetric method which is capable of

measuring the total quantities of dust emitted through the discharge ducts. Account

shall be taken of the concentration of asbestos in dust. When concentration

measurements are required, the concentration of asbestos in dust shall be measured

or evaluated.

The controlling authority shall decide on the periodicity of such measure,

according to the characteristics of the plant and of its production, but this should be

initially at least every six months. If the competent authority has established that the

concentration does not display any significant variation, the frequency of

measurement may be reduced. Where periodical measures are not taken, the limit

value specified in regulation 4 shall apply to the total dust emissions. Sampling shall

be conducted before any dilution of the flow to be measured.

2. The sampling shall be conducted to a precision of ± 40% and an accuracy of

± 20% at the limit value. The limit of detection must be 20%. At least two

measurements under the same conditions shall be made in order to check the

compliance with the limit value.

3. Operation of the installation

Measurements shall only be valid if sampling takes place while the installation is

operating normally.

4. Selecting the sampling point

Sampling shall take place at a point where there is a laminar flow of air. As far as

possible, care shall be taken to avoid turbulence, and obstacles which might disrupt

the flow of air.

5. Modifications required for sampling

Suitable apertures shall be made in ducts where sampling is to take place and

proper platforms shall be provided.

6. Measurements to be taken before sampling

Before sampling commences, it is first necessary to measure air temperature and

*See Annex V to the Waste from the Titanium Dioxide Industry Regulations.

†This item is defined in the Methods of Measurement and Frequencies of Sampling and Analysis of Surface

Water Intended for the Abstraction of Drinking Water Regulations, Directive 79/869/EEC as amended by

Directive 81/855/EEC.

‡Ibid.

pressure and the velocity of flow in the duct. Air temperature and pressure shall

normally be measured along the sampling line at normal flow rates. Under

exceptional conditions, it shall also be necessary to measure the water vapour

concentration so that the results can be amended accordingly.

7. General requirements of the sampling procedure

The procedure requires a sample of air from a duct carrying the emissions of

asbestos dust to be drawn through a filter, and the asbestos content of the dust

retained in the filter to be measured.

7.1. The sampling line shall first be checked to ensure that it is airtight and that

there are no leaks which might give rise to measurement errors. The sampler head

shall be carefully sealed off and the sampler pump started up. The rate of leakage

shall not exceed 1% of the normal sampling flow.

7.2. Normally sampling shall be conducted under isokinetic conditions.

7.3. Duration of sampling shall depend on the type of process being monitored

and the sampling line used and the sampling period shall be sufficient to ensure that

an adequate quantity of material is collected for weighing. It shall be representative

of the full process being monitored.

7.4. When the sampler filter is not in the immediate proximity of the sampler

head, it is essential to recover materials deposited in the sampling probe.

7.5. The sampler head and the number of points where samples shall be taken

shall be determined in accordance with the national standard adopted.

8. Nature of the sampler filter

8.1. The filter appropriate to the technique of analysis used shall be chosen. For

the gravimetric method, glassfibre filters are preferable.

8.2. A minimum filtration efficiency of 99% shall be required, as defined with

reference to the DOP test using an aerosol with particles of 0,3 µm diameter.

9. Weighing

9.1. An appropriate high precision balance shall be used.

9.2. In order to achieve ttie accuracy required for weighing it is essential to

condition filters thoroughly before and after sampling.

10. Expression of results

In addition to measurement data, results shall record temperature, pressure and

flow data and shall include all relevant information, such as a simple diagram

showing the location of sampling points, the dimensions of ducts, the volumes

sampled and the method of calculation used to obtain the results. These results shall

be expressed at normal temperature (273 K) and pressure ( 101,3 kPa).

II.

Countable fibres method

Where fibre counting procedures are used for the purpose of checking compliance

with the limit value in regulation 4, subject to the provisions of regulation 6(3), a

conversion factor of two fibres/ml to 0,1 mg/m 3 of asbestos dust may be used. For

the purposes of these regulations a fibre is defined as any object of length greater

than 5 µm, breadth less than 3 µm, and having a length/breadth ratio greater than 3/

1, which is countable by phase contrast optical microscopy using the European

reference method defined in Annex I of the Protection of Workers from the Risks

Related to Exposure to Asbestos at Work Regulations.

A fibre counting method shall meet the following specifications

1. The method shall be capable of measuring the concentration of countable

fibres in the emitted gases.

The controlling authority shall decide on the periodicity of such measures,

according to the characteristics of the plant and of its production, but this should be

at least every six months. Where periodical measures are not taken, the limit value

specified in regulation 4 applies to the total dust emission.

Sampling shall be conducted before any dilution of the flow to be measured.

2. Operation of the installation

Measurement shall only be valid if sampling takes place while the installation is

operating normally.

3. Selecting the sampling point

Sampling shall take place at a point where there is a laminar flow of air. As far as

possible, care shall be taken to avoid turbulence and obstacles which might disrupt

the flow of air.

4. Modifications required for sampling

Suitable apertures shall be made in ducts where sampling is to take place, and

proper platforms shall be provided.

5. Measurements to be taken before sampling

Before sampling commences, it is first necessary to measure air temperature and

pressure, and the velocity of flow in the duct. Air temperature and pressure shall

normally be measured along the sampling line at normal flow rates. Under

e x c e p t i o n a l c o n d i t i o n s , i t i s a ls o n e c e s s a r y t o m e a s u r e t h e w a t e r v a p o u r

concentration so that the results can be amended accordingly.

6. General requirements of the sampling procedure

The procedure requires a sample of air from a duct carrying the emissions of

asbestos dust to be drawn through a filter, and the countable asbestos fibres in the

dust retained on the filter to be measured.

6.1. The sampling line shall first be checked to ensure that it is airtight, and that

there are no leaks which might give rise to measurement errors. The sampling head

shall be carefully sealed off and the sampling pump started up. The rate of leakage

shall not exceed 1% of the normal sampling flow.

6.2. Sampling of the emitted gases shall be conducted inside the emission duct

under isokinetic conditions.

6.3. Duration of sampling shall depend on the type of process being monitored

and the size of the sampling nozzle used. The sampling period shall be sufficient to

ensure that the sample collection filter carries between 100-600 countable asbestos

fibres/mm 2 . It shall be representative of the full process being monitored.

6.4. The sampling head and the number of points where samples must be taken

shall be determined in accordance with the national standard adopted.

7. Nature of the sampling collection filter

7.1. The filter appropriate to the technique of measurement shall be chosen. For

the countable fibre method, membrane filters (mixed esters of cellulose or cellulose

nitrate) of nominal pore size 5 mm, with printed squares and a diameter of 25 mm

shall be used.

7.2. The sample collection filter shall have a minimum filtration efficiency of

99% with respect to countable asbestos fibres.

8. Counting of fibres

The fibre counting method shall conform to the European reference method, as set

out in Annex I of the Protection of Workers from the Risks Related to Exposure to

Asbestos at Work Regulations.

9. Expression of results

In addition to measurement data, results shall record temperature, pressure and

flow data and shall include all relevant information, such as a simple diagram

showing the location of sampling points, the dimensions of ducts, the volumes

sampled and the market of calculation used to obtain the results. These results shall

be expressed at normal temperature (273 K) and pressure (101,3 kPa).