LARGE COMBUSTION PLANTS REGULATIONS *

SUBSIDIARY LEGISLATION 549.56

LARGE COMBUSTION PLANTS REGULATIONS *

23rd March, 2010

LEGAL NOTICE 172 of 2010.

(1) The title of these regulations is the Large Combustion

Plants Regulations.

(2) These regulations transpose Directive 2001/80/EC of the

European Parliament and of the Council of 23 October 2001 on the

limitation of emissions of certain pollutants into the air from large

combustion plants.

(3) These regulations apply to combustion plants designed for

production of energy with the exception of those which make direct

use of the products of combustion in the manufacturing process, if

their rated thermal input is equal to or greater than 50 MWTH,

irrespective of the type of fuel used (solid, liquid or gaseous).

These regulations shall not apply to the following combustion

plants

(a) plants in which the products of combustion are used

for the direct heat, drying, or any other treatment of

objects or materials e.g. reheating furnaces, furnaces

for heat treatment;

(b) post-combustion plants i.e. any technical apparatus

designed to purify the waste gases by combustion

which is not operated as an independent combustion

plant;

(c) facilities for the regeneration of catalytic cracking

catalysts;

(d) facilities for the conversion of hydrogen sulphide into

sulphur;

(e) reactors used in the chemical industry;

(f)

coke battery furnaces;

(g) cowpers;

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

vehicle, ship or aircraft;

(i)

gas turbines used on offshore platforms;

(j)

gas turbines for which development planning

permission was issued before 27 November 2002

provided that they were put into operation no later

*these regulations were revoked by Legal Notice 11 of 2013 - but see regulation 23(1)

of the said legal notice, reproduced hereunder

"23.(1) The Large Combustion Plants Regulations, 2010, hereinafter referred to as

"the revoked regulations", are revoked with effect from 1 January 2016; however

regulations 1(3)(j), 3 and 4 as well as Schedules I to VII of the revoked regulations

shall be applicable to the combustion plants within the scope of regulation 5(3) of

these regulations, until the 01 January 2020.".

than 27 November 2003

without

prejudice

to

regulations 9(1), 14 and 17;

(k) plants powered by diesel engines irrespective of the

fuel used or petrol and gas engines.

EMISSION LIMIT VALUES FOR SOLID FUELS

Emission limit values expressed in mg.Nm -3 (at an oxygen content of 6%) to be

applied by ‘new’ and ‘existing’ plants pursuant to regulation 3(1) and regulation

4(1)

A.

Emission Limit values for SO 2

Rated Thermal Input (P TH )

Emission Limit Value (ELV)

2000 Mg SO 2 .Nm -3

50MW TH < P TH < 100 MW TH

calculated using the equation: ELV(mg SO 2 .Nm -3 ) = -

100MW TH < P TH < 500MW TH

4P TH + 2400

400mg SO 2 .Nm -3

P TH > 500MW TH

See figure 1 below

Figure 1: Emission Limit Values for SO 2 at 6% O 2 .

B.

Emission limit values for NO X measured as NO 2 .

Rated Thermal Input (P TH )

Emission Limit Value

Emission Limit Value (ELV)

(ELV)

as from 01 January 2016

600 mg NO 2 .Nm -3

600 mg NO 2 .Nm -3

50MW TH < P TH < 100 MW TH

500 mg NO 2 .Nm -3

200 mg NO 2 .Nm -3

P TH > 500MW TH

C.

Emission limit values for dust .

Rated Thermal Input (P TH )

Emission Limit Value (ELV)

100 mg dust .Nm -3

P TH < 500 MW TH

50 mg dust .Nm -3 (1)

P TH > 500 MW TH

A limit value of 100 mg dust.Nm -3 may be applied to plants permitted pursuant to

regulation 4(1) with a rated thermal input greater or equal to 500 MW TH burning solid fuel

with a heat content less than 5800 kJ.kg -1 (net heat value), a moisture content greater than

45% by weight, a combined moisture and ash content greater than 60% and a calcium oxide

content greater than 10%.

For the purpose of these regulations and unless the context

otherwise requires

"biomass" means products consisting of any whole or part of

vegetable matter from agriculture or forestry which can be used as

a fuel for the purpose of recovering its energy content and the

following waste used as fuel

(a) vegetable waste from agriculture and industry;

(b) vegetable waste from the food processing industry, if

the heat generated is recovered;

(c) fibrous vegetable waste from virgin pulp production

and from the production of paper from pulp, if it is co-

incinerated at the place of production and the heat

generated is recovered;

(d) cork waste;

(e) 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 unit" means any plant in which fuel is oxidised in

order to use the heat thus generated;

"competent authority" means the Environment and Resources

Authority;

"director" means the Director of the Environment Protection

Directorate of the Environment and Resources Authority and

includes any person or body of persons acting on his behalf or

under his authority;

" e m i s s i o n " m e a n s t h e d i s c h a rg e o f s u b s t a n c e s f r o m t h e

combustion plant to air;

"emission limit value" means the permissible mass concentration

of an air pollutant in the waste gas discharged by the combustion

plant expressed in mg.Nm-3 or ng.Nm-3 as the case may be. The

mass concentration measured in the waste gas shall be expressed at

standard conditions according to the following equation

T

101.3

EMISSION LIMIT VALUES FOR SOLID FUELS

Emission limit values expressed in mg.Nm -3 (at an oxygen content of 6%) to be

applied by ‘new’ plants pursuant to regulations 3(2)

A.

Emission Limit values for SO 2 .

Type of Fuel

50 MW TH < P TH < 100 100 MW TH < P TH < 300

P TH > 300 MW TH

MW TH

MW TH

200 mg SO 2 .Nm -3

200 mg SO 2 .Nm -3

200 mg SO 2 .Nm -3

Biomass

850 mg SO 2 .Nm -3

200 mg SO 2 .Nm -3

200 mg SO 2 .Nm -3

General case

B.

Emission Limit values for NO X .

Type of Fuel

50 MW TH < P TH < 100 100 MW TH < P TH < 300

P TH > 300 MW TH

MW TH

MW TH

-3

300 mg NO 2 .Nm -3

200 mg NO 2 .Nm -3

Biomass

400 mg NO 2 .Nm

-3

200 mg NO 2 .Nm -3

200 mg NO 2 .Nm -3

General case

400 mg NO 2 .Nm

Where PTH is the rated thermal input of the combustion plant in MWTH.

C.

Emission Limit values for dust.

Rated Thermal Input (P TH )

Emission Limit Value (ELV)

50 mg dust .Nm -3

50 > P TH > 100 MW TH

30 mg dust .Nm -3

P TH > 100 MW TH

EMISSION LIMIT VALUES FOR LIQUID FUELS

Emission limit values expressed in mg.Nm -3 (at an oxygen content of 3%) to be

applied by ‘new’ and ‘existing’ plants pursuant to regulation 3(1) and regulation

4(1).

A.

Emission Limit values for SO 2

Rated Thermal Input (P TH )

Emission Limit Value (ELV)

1700 Mg SO 2 .Nm -3

50MW TH < P TH < 300 MW TH

calculated using the equation: ELV(mg SO 2 .Nm -3 ) = -

300MW TH < P TH < 500MW TH

6.5P TH + 3650

400mg SO 2 .Nm -3

P TH > 500MW TH

See figure 2 below

Figure 2: Emission Limit Values for SO 2 at 3% O 2 .

B.

Emission limit values for NO X measured as NO 2 .

Rated Thermal Input (P TH )

Emission Limit Value (ELV)

450 mg NO 2 .Nm -3

50MW TH < P TH < 500 MW TH

400mg NO 2 .Nm -3

P TH > 500MW TH

C.

Emission limit values for dust.

Rated Thermal Input (P TH )

Emission Limit Value (ELV)

50 mg dust .Nm -3

ALL plants

EMISSION LIMIT VALUES FOR LIQUID FUELS

Emission limit values expressed in mg.Nm -3 (at an oxygen content of 3%) to be

applied by ‘new’ and ‘existing’ plants pursuant to regulation 3(2).

A.

Emission Limit values for SO 2 .

Rated Thermal Input (P TH )

Emission Limit Value (ELV)

850 Mg SO 2 .Nm -3

50MW TH < P TH < 100 MW TH

calculated using the equation: ELV(mg SO 2 .Nm -3 ) = -

100MW TH < P TH < 300MW TH

6.5P TH + 500

200mg SO 2 .Nm -3

P TH > 300MW TH

B.

Emission Limit values for NO X .

Rated Thermal Input (P TH )

Emission Limit Value (ELV)

400 mg NO 2 .Nm -3

50MW TH < P TH < 100 MW TH

200mg NO 2 .Nm -3

100MW TH < P TH < 300 MW TH

200mg NO 2 .Nm -3

P TH > 300MW TH

C.

Emission Limit values for dust.

Rated Thermal Input (P TH )

Emission Limit Value (ELV)

50 mg dust .Nm -3

50 > P TH < 100 MW TH

30 mg dust .Nm -3

P TH > 100 MW TH

Where P TH is the rated thermal input of the combustion plant in MW TH .

EMISSION LIMIT VALUES FOR GASEOUS FUELS

Emission limit values expressed in mg.Nm -3 (at an oxygen content of 3%) to be

applied by ‘new’ plants pursuant to regulation 3(1) and regulation 4(1).

A.

Emission Limit values for SO 2 .

Type of Fuel

Emission Limit Value (ELV)

35 mg SO 2 .Nm -3

Gaseous fuels in general

5 mg SO 2 .Nm -3

Liquefied gas

L o w c a l o r i f i c g a s e s f r o m 800mg SO 2 .Nm -3

gasification of refinery residues,

coke oven gas, blast furnace gas

Gas from the gasification of coal 35 mg SO 2 .Nm -3

B.

Emission Limit values for NO X .

Rated Thermal Input (P TH )

Emission Limit Value (ELV)

300 mg NO 2 .Nm -3

50MW TH < P TH < 500 MW TH

200mg NO 2 .Nm -3

P TH > 500MW TH

C.

Emission Limit values for dust.

Type of Fuel

Emission Limit Value (ELV)

5 mg dust .Nm -3

As a rule

10 mg dust .Nm -3

For blast furnace gas

For gases produced by the steel 50 mg dust .Nm -3

industry which can be used

elsewhere

EMISSION LIMIT VALUES FOR GASEOUS FUELS

Emission limit values expressed in mg.Nm -3 (at an oxygen content of 3%) to be

applied by ‘new’ plants pursuant to regulation 3(2).

A.

Emission Limit values for SO 2 .

Type of Fuel

Emission Limit Value (ELV)

35 mg SO 2 .Nm -3

Gaseous fuels in general

5 mg SO 2 .Nm -3

Liquefied gas

Low calorific gases from coke 400mg SO 2 .Nm -3

oven

Low calorific gases from blast 200 mg SO 2 .Nm -3

furnaces

B.

Emission Limit values for NO X .

Type of Fuel

50MW TH < P TH < 300 MW TH

P TH > 300MW TH

150 mg NO 2 .Nm -3

100 mg NO 2 .Nm -3

Natural gas (naturally occurring

methane with no more than 20%

by volume of inerts and other

constituents)

200 mg NO 2 .Nm -3

200 mg NO 2 .Nm -3

Other gases

Where P TH is the rated thermal input of the combustion plant in MW TH .

C.

Emission Limit values for dust.

Type of Fuel

Emission Limit Value (ELV)

5 mg dust .Nm -3

As a rule

10 mg dust .Nm -3

For blast furnace gas

For gases produced by the steel 30 mg dust .Nm -3

industry which can be used

elsewhere

EMISSION LIMIT VALUES FOR GAS TURBINES

Emission limit values are expressed in mg.m -3 (at an oxygen content of 15%) to be

applied by a single gas turbine unit pursuant to regulation. The limit values apply

only above 70% of the load.

Fuels

Emission Limit Value (ELV)

Natural gas (naturally occurring methane with not more 50 mg NO 2 .Nm -3 (1)

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

Liquid fuels (emission limit value applies to gas turbines 120 mg NO 2 .Nm -3

firing light and middle distillates)

120 mg NO 2 .Nm -3

Gaseous fuels other than natural gas

(1) 75 mg NO2.Nm-3 in the following cases

a.

gas turbines used in combined heat and power systems having an overall

efficiency greater than 75%;

b.

gas turbines used in combined cycle plants having an annual overall electrical

efficiency greater than 55%; and

c.

gas turbines for mechanical drives.

For single gas turbines not falling into any of the above categories, but having an efficiency

greater than 35% (determined at ISO base load conditions), the emission limit value shall be

1.42 where  is the gas turbine efficiency expressed as a percentage (and at ISO base load

conditions).

Gas turbines for emergency use that operate less than 500hrs per year are excluded from

these limit values. The operator of such plants is required to submit each year to the

competent authority a record of such used time.

DEROGATIONS AS PER REGUALTION 9(5) AND (6)

Notification of a temporary derogation from compliance with

Large 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 IPPC Permit [IPPC 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.

REQUIREMENTS FOR THE AUTOMATED MEASURING SYSTEMS

AND FOR THE VALIDATION OF RESULTS

The value of the 95% confidence interval of a single measured result shall not

exceed the following percentages of the emission limit values

Sulphur dioxide

20%

Nitrogen oxides

20%

Total dust

30%

The validated hourly and daily mean values shall be determined from the

measured hourly average values after having subtracted the value of the confidence

interval specified above.

Any day in which more than three hourly average values are invalid due to

malfunction of the automated measuring system shall be invalidated. If more than 10

days 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.

INFORMATION TO BE REPORTED WITH THE EMISSIONS INVENTORY

Emissions inventories prepared by the operator under regulation 17, shall include

the following information

Name of the Installation;

Name of the combustion plant;

Fuel Burn for the combustion plant (Mg.yr -1 )

Heat Value of the fuel fired by the combustion plant (GJ.Mg -1 )

Total annual load of sulphur dioxide for the combustion plant (Mg.yr -1 ).

Total annual load of nitrogen oxides for the combustion plant (Mg.yr -1 ).

Total annual load of dust for the combustion plant (Mg.yr -1 ).

Total annual pollutant loads shall be calculated as follows

d=365

avg

( WGF d  [P] d ) [for leap years d=366]



d=1

Where

WGF d is the daily waste gas flow rate in Nm 3

[P] d avg is the daily average concentration of the pollutant in mg.Nm -3 .

INFORMATION TO BE REPORTED WITH THE OPERATING TIME

Reports on combustion plants operating time prepared by the operator under

regulation 17, shall include the following information

Name of the Installation;

Name of the combustion plant;

T O , the total combustion plant operating time (hr);

T R , the remaining combustion plant operating time (hr);

Where

T R = 20000 – T O

94 - O s







 [P] M

[P] s =

P

100 - W 20.94 - O M

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 K, at a Pressure P in kPa, at a percentage flue gas

water vapour content of W and at a 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.

OS is the standard oxygen content content by volume in the

waste gas which shall be 3% in the case of liquid and gaseous fuels,

6% in the case of solid fuels and 15% in the case of gas turbines.

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

"existing combustion plant" means one or more combustion units

for which development planning permission was granted before 1

July 1987. Two or more combustion units shall be considered as a

single combustion plant if their waste gases are de facto discharged

through a common stack;

"flue" means a compartment or division of a stack for conveying

waste gases from the combustion plant to the outer air;

"fuel" means any solid, liquid or gaseous combustible material

used to fire the combustion unit with the exception of waste

covered by Waste Management (Incineration) Regulations, or any

subsequent regulations substituting those regulations;

"gas turbine plant" means any plant made up of a 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;

"multi-fuel firing combustion plant" means any combustion plant

which may be fired simultaneously or alternately by two or more

types of fuel;

"new combustion plant" means one or more combustion units for

which development planning permission was granted on or after 1

July 1987. Two or more combustion units shall be considered as a

single combustion plant if their waste gases are de facto discharged

through a common stack or if taking technical and economic

factors into account, their waste gases could in the judgement of

the competent authority be discharged through a common stack;

"operator" means any natural or legal person who operates the

combustion plant, or who has been delegated decisive economic

power over it;

"permit" means the permit issued under regulation 4 of the

Integrated Pollution Prevention and Control Regulations;

"pollutant" means a substance which has been directly or

indirectly i ntro duced int o th e at mosphere as a resultin g of

anthropogenic activity and which has deleterious effects of such a

nature as to endanger human health, harm living resources,

ecosystems and material property, and impair amenities or interfere

with other legitimate uses of the environment;

"stack or chimney" means the structure rising above roof level

and which provides a conduit for waste gases from the combustion

plant and which may embody one or more flues;

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

at the maxim um continuous rating of the combustion plant

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

thermal (MWTH);

"waste gas" means the carrier gas together with any solid, liquid

or gaseous emissions which are discharged with it; the waste gas

volume flow rate shall be expressed in metres cubed per hour at

standard conditions, i.e. at a temperature of 273K and at a pressure

of 101.3 kPa, after correction for the water vapour content, and

hereinafter referred to as normal metre cubed per hour or Nm 3 .hr -1 .

3. (1) Permits for ‘new’ combustion plants which have been

granted development planning consent before 27 November 2002

provided that they are in operation no later than 27 November

2003, shall include conditions relating to compliance with the

emission limit values which shall not be higher than those in

(a) Schedule I for plants firing solid fuels;

(b) Schedule III for plants firing liquid fuels; and

(c) Schedule V for plants firing gaseous fuels.

(2) Permits for ‘new’ combustion plants not covered by sub-

regulation (1) shall include conditions relating to compliance with

the emission limit values which shall not be higher than those in

(a) Schedule II for plants firing solid fuels;

(b) Schedule IV for plants firing liquid fuels; and

(c) Schedule VI for plants firing gaseous fuels.

4. (1) Permits for ‘existing’ plants shall include conditions

relating to compliance with the emission limit values which shall

not be higher than those in

(a) Schedule I for plants firing solid fuels;

(b) Schedule III for plants firing liquid fuels; and

(c) Schedule V for plants firing gaseous fuels.

(2) By way of derogation from sub-regulation (1), ‘existing’

combustion plants may be exempted from compliance with the

above mentioned requirements if the operator has submitted by 30

June 2004 a written declaration to the competent authority stating

that the plants in question will not be operated for more than 20000

operational hours starting on the 1 January 2008 and ending no

later than 31 December 2015.

(3) The operators of ‘existing’ combustion plants covered by

the exemption in sub-regulation (2) are required to submit to the

competent authority a record of the used and unused time allowed

for the plants’ operational life. In calculating the operational time

used by the ‘existing’ combustion plant the operator shall consider

the combustion plant to be operating when any part of it operates,

irrespective of the load factor.

5. Permits for gas turbines within the scope of this regulation,

shall include conditions relating to compliance with the emission

limit values which shall not be higher than those in Schedule VII.

6. The competent authority may impose limit values stricter

than those in regulations 3, 4, and 5 or impose emission limit

values on plants exempt from this requirement through regulation

4(2) in order to ensure compliance with

(a) the Ambient Air Quality Regulations, and any

subsequent regulations dealing with the ambient levels

of atmospheric pollutants;

(b) any additional requirements arising out of the

Integrated Pollution Prevention and Control

Regulations, particularly the requirement to use the

best available techniques; and

(c) any other regulations issued under the Environment

Protection Act and deemed relevant by the competent

authority.

7. (1) Combustion plants, of a rated thermal input equal to or

greater than 400 MW, shall be subject to a limit value for sulphur

dioxide emissions of 800 mg SO 2 .Nm -3 if they do not operate for

more than the following number of hours a year (rolling average

over a period of five years)

(a) 2,000 hours till 31 December 2015;

(b) 1,500 hours from the 1 January 2016 onwards.

(2) This regulation shall not apply to combustion plants subject

to the permitting requirements in regulation 3(2).

8. Operators of combustion plants subject to the permitting

requirements of regulation 3(2) shall investigate the technical and

economic feasibility of providing for the combined generation of

heat and power. Should this feasibility be confirmed the operators

will be required to develop their installations accordingly, keeping

in mind the market and distribution situation.

9. (1) Permits for combustion plants within the scope of these

regulations, shall include conditions on procedures relating to

malfunction or break down of the abatement equipment.

(2) In the case of a breakdown the operator shall operate the

plant using low polluting fuels and if this is not enough to achieve

the relevant limit values, the operator shall reduce or close down

operations if a return to normal operation is not achieved within

twenty-four hours.

(3) The competent authority shall be notified within forty-eight

hours of the occurrence of such breakdown or malfunction.

(4) In no circumstance shall the cumulative duration of

unabated operation in any twelve month period exceed one hundred

and twenty hours. The Director may allow exceptions to the limits

of twenty-four hours and one hundred and twenty hours above in

cases where in his judgement

(a) there is an overriding need to maintain energy

supplies; or

(b) the plant with the breakdown would be replaced for a

limited period by another plant which would cause an

overall increase in emissions.

(5) The Director may allow a suspension for a maximum of six

months from the obligation to comply with the emission limit

values provided for in regulations 3 and 4 for sulphur dioxide in

respect of a combustion plant which to this end normally uses low-

sulphur fuel, in cases where the operator is unable to comply with

these limit values due to an interruption in the supply of low-

sulphur fuel resulting from a serious shortage.

(6) The Director may allow a derogation from the obligation to

comply with the emission limit values provided for in regulations 3

and 4 in cases where a plant which normally uses only gaseous

fuel, and which would otherwise need to be equipped with a waste

gas purification facility, has to resort exceptionally, and for a

period not exceeding ten days except where there is an overriding

need to maintain energy supplies, to the use of other fuels because

of a sudden interruption in the supply of gas. The competent

authority shall immediately be informed of each specific case as it

arises.

(7) In the cases mentioned in sub-regulations (5) and (6), the

operator shall inform the Director in writing of the need to apply

for the exemptions provided for in these two sub-regulations as

soon as the cases in question arise. In doing so the operator shall

forward all the relevant technical information as well as any other

information deemed necessary by the competent authority. The

competent authority shall, at its discretion issue the temporary

derogation according to the provisions of the above mentioned sub-

regulations as per notification in Schedule VIII. The competent

authority shall publish this notification together with all the

information forwarded to it by the operator, on the subsequent issue

of the Gazette.

10. (1) Permits for combustion plants made up of multifiring

units involving the simultaneous use of two or more fuels shall

include conditions relating to compliance with emission limit

values which shall be established as follows

(a) by taking the emission limit value relevant to each

individual fuel and pollutant corresponding to the

rated thermal input of the combustion plant as given in

Schedules I, II, III, IV, V, VI and VII;

(b) by determining fuel-weighted emission limit values,

which are obtained by multiplying the above

individual emission limit value by the thermal input

delivered by each fuel, the product of multiplication

being divided by the sum of the thermal inputs

delivered by all fuels; and

(c) by aggregating the fuel-weighted limit values.

(2) In multi-firing units using distillation and conversion

residues from crude-oil refining for own consumption, alone or

with other fuels, the provisions for the fuel with the highest

emission limit value (determinative fuel) shall apply

notwithstanding sub-regulation (1) of this regulation, if during the

operation of the combustion plant the proportion contributed by

that fuel to the sum of the thermal inputs delivered by all fuels is at

least 50%. Where the proportion of the determinative fuel is lower

than 50%, the emission limit value is determined on a pro rata

basis of the heat input supplied by individual fuels in relation to the

sum of the thermal inputs delivered by all fuels as follows

(a) by taking the emission limit value relevant for each

individual fuel and pollutant corresponding to the

rated thermal input of the combustion plant as given in

Schedules I, II, III, IV, V, VI and VII;

(b) by calculating the emission limit value of the

determinative fuel (fuel with the highest emission limit

value according to Schedules I, II, III, IV, V, VI and

VII and in the case of two fuels having the same

emission limit value, the fuel with the higher thermal

input); this value is obtained by multiplying the

emission limit value laid down in Schedules I, II, III,

IV, V, VI and VII for that fuel by a factor of two, and

subtracting from this product the emission limit value

of the fuel with the lowest emission limit value;

(c) by determining the fuel-weighted emission limit

values, which are obtained by multiplying the

calculated fuel emission limit value by the thermal

input of the determinative fuel and other individual

emission limit values by the thermal input delivered by

each fuel, the product of multiplication being divided

by the sum of the thermal inputs delivered by all fuels;

and

(d) by aggregating the fuel-weighted emission limit

values.

(3) As an alternative to sub-regulation (2), the following

average emission limit values for sulphur dioxide may be applied

(irrespective of the fuel combination used)

(a) for the plants referred to in regulations 3(1) and 4(1)

1000 mg SO 2 .Nm -3 , averaged all over such plants

within the refinery; and

(b) for the ‘new’ plants referred to in regulation 3(2): 600

mg SO 2 .Nm -3 , averaged all over such plants within the

refinery, with the exception of gas turbines

Provided that the competent authority shall ensure that the

application of this provision does not lead to an increase in

emissions from existing plants.

(4) In the case of combustion plants with multifiring units

involving the alternative use of two or more fuels, the emission

limit values to be included in the permit shall be those in Schedules

I, II, III, IV, V, VI and VII corresponding to each fuel used.

(5) The emission limit values determined according to the

procedures prescribed by sub-regulations (1) to (4) are the highest

permissible limit values. Permits issued under regulation 4 of

Integrated Pollution Prevention and Control Regulations may

include stricter emission limit values, particularly in order to

ensure compliance with the BAT requirement.

11. (1) The operators of combustion plants having a rated

electrical output of 300 MW or more and which were issued with a

permit after the 13 May 2009, shall assess whether

(a) suitable geological storage sites for carbon dioxide are

available; and

(b) transport facilities are technically and economically

feasible; and

(c) it is technically and economically feasible to retrofit

for carbon dioxide capture.

(2) If the conditions in sub-regulation (1) are met, the

competent authority shall ensure that the permits issued after the 13

May 2009 include a clause on the setting aside of a suitable space

on the installation site for the equipment necessary to capture and

compress carbon dioxide.

The competent authority shall determine whether the

conditions are met on the basis of the assessment referred to in the

first paragraph of this sub-regulation and other available

information, particularly concerning the protection of the

environment and human health.

12. (1) Permits for combustion plants within the scope of

these regulations shall include conditions related to the minimum

stack height in order to safeguard human health and the

environment.

(2) The stack height shall be calculated according to the

guidance document issued by the competent authority.

13. Where a combustion plant is extended by at least 50

MWTH, the applicable emission limit values shall not be higher to

those set out in Schedules II, IV and VI in respect of sulphur

dioxide, nitrogen oxides and dust.

14. (1) The operator shall monitor the concentrations of

sulphur dioxide, oxides of nitrogen and dust in the waste gases of

the combustion plants within the scope of these regulations.

(2) The operator shall monitor continuously through the use of

automated measurement systems the flue gases of the combustion

plants within the scope of these regulations for sulphur dioxide,

oxides of nitrogen and dust if the rated thermal input of the

combustion plant is 100 MW or more.

(3) In addition to the parameters in sub-regulation (2), the

operator shall monitor the relevant process operation parameters of

oxygen content, temperature, pressure and water vapour content.

The continuous measurement of the water vapour content shall not

be necessary if the sampled exhaust gas is dried prior to analysis.

(4) The operator shall monitor the flue gases of the combustion

plants within the scope of these regulations discontinuously for

sulphur dioxide, oxides of nitrogen and dust if they are not covered

by the monitoring requirement in subregulation (2).

(5) The sampling and analysis of the relevant pollutants and

process parameters as well as reference measurement methods to

calibrate automated measurement systems shall be carried out in

accordance with CEN standard methods. If CEN standards are not

available, ISO standards or any national standard method from any

of the Member Sates of the European Union can be used. In

addition, continuous measuring systems shall be subject to control

by means of parallel measurements with the reference methods at

least every year.

(6) The operator shall carry out any discontinuous monitoring

in accordance with the relevant CEN standards. In the absence of a

CEN standard method an ISO standard method or any national

standard method from any of the European Union Member States

can be used.

(7) Automated measuring

systems

are

subject

to

the

requirements in Schedule IX.

15. The operator shall inform the competent authority of the

results of the continuous measurements, the checking of the

measurement equipment, the individual measurements and all other

measurements within the time frames set by the permit.

16. (1) In the event of continuous measurements, the emission

limit values set out in Schedules I, III and V shall be regarded as

having been complied with if the evaluation of results indicates, for

operating hours within a calendar year, that

(a) none of the calendar monthly mean values exceeds the

emission limit values; and

(b) in the case of

(i)

sulphur dioxide and dust: 97% of all the forty-

eight hourly mean values do not exceed 110% of

the emission limit values; and

(ii) nitrogen oxides: 95% of all the forty-eight

hourly mean values do not exceed 110% of the

emission limit values.

(2) In the event of discontinuous measurements, the emission

limit values set out in Schedules I, II, III, IV, V, VI and VII shall be

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

series of measurements do not exceed the emission limit values.

(3) The emission limit values set out in Schedules II, IV, VI

and VII shall be regarded, for operating hours within a calendar

year, as complied with if

(a) no validated daily average exceeds the relevant figures

prescribed in Schedules II, IV, VI and VII;

(b) 95% of all the validated hourly averages over the year

do not exceed 200% of the relevant figures prescribed

in Schedules II, IV and VI.

Validated values are determined as set out in Schedule IX.

(4) Provided that for the purpose of compliance with sub-

regulations (1) and (3), the periods referred to in regulation 9 as

well as start up and shut down periods shall be disregarded.

17. (1) The operator shall forward an emissions inventory on

a combustion plant basis by combustion plant basis, for sulphur

dioxide, nitrogen oxides and dust (as total suspended particulate).

The pollutant loads (in Mg) shall be calculated by adding the mass

of pollutant emitted by the combustion plant in question each day,

on the basis of volumetric flow rates of waste gases.

(2) Where discontinuous measurements are used, the operator

shall establish appropriate estimation procedures to the satisfaction

of the competent authority.

(3) The emissions inventory shall include the information in

Schedule X.

(4) For combustion plants operating on the derogation in

regulation 4(2), the operator shall report to the competent authority

on a yearly basis the operating time for each combustion plant

operating on this derogation. The report shall include the

information in Schedule XI.

18. A person shall be guilty on 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; or

(c) 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 provision of these

regulations, or to contravene any restriction,

prohibition or requirement imposed by or under the

said regulations.

19. 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 two hundred euro (€1,200) but not

exceeding two thousand three hundred euro (€2,300);

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

(multa) of not less than two thousand three hundred

euro (€2,300), but not exceeding eleven thousand six

hundred euro (€11,600) 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 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

i m p l e m en t a t i o n o f t h e s e r e g u l a t i o n s a n d r e s t i t u t i o n o f t h e

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

permit issued by the competent authority and the confiscation of

the corpus delicti.

20. (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 obtaining a license, 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

t h e p r o c e d u r e b e f o r e t h e sa i d c o u r t s a s c o u r t s o f c r i m i n a l

judicature.

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

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

Cri mi nal App eal f ro m any ju dgm ent gi ven by the Cou rt of

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

of proceedings for any offence against these regulations.