INDUSTRIAL EMISSIONS (LARGE COMBUSTION PLANTS) REGULATIONS (largecombustionplants)

SUBSIDIARY LEGISLATION 549.78

INDUSTRIAL EMISSIONS

(LARGE COMBUSTION PLANTS) REGULATIONS

7th January, 2013

LEGAL NOTICE 11 of 2013, as amended by Legal Notice 47 of 2017.

(1) The title of these regulations is the Industrial

Emissions (Large Combustion Plants) Regulations.

(2) These regulations provide for the implementation in part of

Directive 2010/75/EU of the European Parliament and of the

Council of 24 November 2010 on industrial emissions (integrated

pollution prevention and control) (Recast).

(3) These regulations also provide for the implementation of

the Industrial Emissions (Framework) Regulations.

(4) These regulations lay down rules for the limitation of

atmospheric emissions from large combustion plants and apply to

combustion plants, if their total rated thermal input is equal to or

greater (≥) than 50 MW Th , 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 heating, drying, or any other treatment of

objects or materials;

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

gases by combustion which is not operated as

independent combustion plants;

(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 and gas engines used on offshore

platforms;

(j)

plants which use any solid or liquid waste as a fuel

other than waste referred to in the paragraph (b) of the

definition of "biomass" in regulation 5 of the

Industrial Emissions (Framework) Regulations.

Amended by

L.N. 47 of 2017.

EMISSION LIMIT VALUES FOR SOLID FUELS

Emission limit values expressed in mg.Nm - 3 and shall be calculated at a

temperature 273.15 K, a pressure of 101.3 kPa and at an oxygen content of 6% to be

applied by combustion plants pursuant to regulation 5.

The emission limit values set out in this schedule apply to the emissions of each

common stack in relation to the total rated thermal input of the entire combustion

plant.

Where emission limit values in this schedule may be applied for a part of a

combustion plant with a limited number of operating hours, those limit values shall

apply to the emissions of that part of the plant, but shall be set in relation to the total

rated thermal input of the entire combustion plant.

A.

Emission Limit values for SO 2

Emission Limit Values in mg SO 2 .Nm -3

Rated Thermal Input (P Th )

Coal, Lignite

Biomass

Peat

and other solid

fuels

400 ( 1 )

200 ( 1 )

300 ( 1 )

50MW Th ≤ P Th ≤ 100 MW Th

200 ( 1 )

100MW Th < P Th ≤ 300MW Th

250 ( )

200 ( )

200 ( 1 )

200 ( 1 )

200 ( 1 )

P Th > 300MW Th

Note

800 mg SO 2 .Nm -3 in the case of combustion plants which were granted a permit

(1)

prior to the 27 November 2002 or the operators of which had submitted a complete

application for a permit before that date, provided that the plant was put into operation no

later than 27 November 2003, and which do not operate more than 1500 operating hours per

year as a rolling average over a 5 year period.

B.

Emission limit values for NO X measured as NO 2 .

Emission Limit Values in mg NO 2 .Nm -3

Rated Thermal Input (P Th )

Coal, Lignite

Biomass

Peat

and other solid

fuels

300 ( 2 ) ( 3 )

300 ( 2 ) ( 3 )

50MW Th ≤ P Th ≤ 100 MW Th

200 ( 2 ) ( 3 )

250 ( 2 ) ( 3 )

250 ( 2 ) ( 3 )

100MW Th < P Th ≤ 300MW Th

2 3

2 3

200 ( 2 ) ( 3 )

P Th > 300MW Th

200 ( ) ( )

200 ( ) ( )

Note

450 mg NO 2 .Nm -3 in the case of pulverised lignite combustion.

(1)

450 mg NO 2 .Nm -3 in the case of combustion plants with a rated total thermal input

(2)

≤ 500 MW Th if they were granted a permit prior to 27 November 2002 or the operators of

which had submitted a complete application for a permit before that date, provided that the

plant was put into operation no later than 27 November 2003, and which do not operate

more than 1500 operating hours per year as a rolling average over a 5 year period.

450 mg NO 2 .Nm -3 in the case of combustion plants with a rated total thermal input

(3)

> 500 MW Th if they were granted a permit before 1 July 1987 and which do not operate

more than 1500 operating hours per year as a rolling average over a period of 5 years.

A part of a combustion plant discharging its waste gases through one or more separate

flues within a common stack and which does not operate more than 1500 operating hours

per calendar year as a rolling average over a period of 5 years, may be subject to the

emission limit values set out in: Notes ( 1 ) to paragraph A for SO 2 and to the emission limit

values in Notes ( 2 ) and ( 3 ) to paragraph B for NO 2 , in relation to the total rated thermal

input of the entire combustion plant. In such cases emissions through each of those flues

shall be monitored separately.

C.

Emission limit values for dust

Emission Limit Values in mg dust.Nm -3

Rated Thermal Input (P Th )

Coal, Lignite

Biomass

Peat

and other solid

fuels

50MW Th ≤ P Th ≤ 100 MW Th

100MW Th < P Th ≤ 300MW Th

P Th > 300MW Th

D.

Emission limit values for CO.

For all plants 150 mg CO.Nm -3 .

For the purpose of these regulations and unless the context

otherwise requires

"combustion unit" means any technical apparatus in which fuels

are oxidised in order to use the heat thus generated;

"combustion plant" means any plant made up of one or more

combustion units. Where a combustion plant is made up of more

than one separate combustion unit which, de facto, discharge their

waste gases through a common stack, the combination formed by

these units shall be considered as a single combustion plant.

In addition combustion units which have been granted a

permit for the first time on or after 1st July 1987, or the operators

of which have submitted a complete application for a permit on or

after that date shall be considered as forming part of the same

combustion plant if in the judgement of the competent authority,

they are installed in such a way that taking technical and economic

factors into account their waste gases could be discharged through

a common stack.

In both cases the capacities of the constituting combustion

units (excluding those individual units having a rated thermal input

below 15 MW Th ) are to be added up in order to calculate the total

rated thermal input of the plant;

"determinative fuel" means the fuel which, amongst all fuels

used in a multi-fuel firing combustion plant using the distillation

and conversion residues from the refining of crude-oil for own

consumption, alone or with other fuels, has the highest emission

limit value as set out in Schedules I, III, and V, or, in the case of

several fuels having the same emission limit value, the fuel having

the highest thermal input amongst those fuels;

"emission limit value" shall have the same meaning as in the

Industrial Emissions (Framework) Regulations, and shall be

expressed at standard conditions according to the following

equation

101.3

Amended by

L.N. 47 of 2017.

EMISSION LIMIT VALUES FOR SOLID FUELS

Emission limit values expressed in mg.Nm - 3 and shall be calculated at a

temperature 273.15 K, a pressure of 101.3 kPa and at an oxygen content of 6% to be

applied by combustion plants pursuant to regulation 6.

The emission limit values set out in this schedule apply to the emissions of each

common stack in relation to the total rated thermal input of the entire combustion

plant.

A.

Emission Limit values for SO 2 .

Emission Limit Values in mg SO 2 .Nm -3

Rated Thermal Input (P Th )

Coal, Lignite

Biomass

Peat

and other solid

fuels

50MW Th ≤ P Th ≤ 100 MW Th

300 ( 1 )

100MW Th < P Th ≤ 300MW Th

150 ( 2 )

150 ( 3 )

P Th > 300MW Th

Note

250 mg SO 2 .Nm -3 in the case of fluidized bed combustion.

(1)

200 mg SO 2 .Nm -3 in the case of circulating or pressurized fluidized bed

(2)

combustion.

200 mg SO 2 .Nm -3 in the case of fluidized bed combustion.

(3)

B.

Emission Limit values for NO X measured as NO 2 .

Emission Limit Values in mg NO 2 .Nm -3

Rated Thermal Input (P Th )

Coal, Lignite

Biomass

Peat

and other solid

fuels

300 ( 1 )

50MW Th ≤ P Th ≤ 100 MW Th

100MW Th < P Th ≤ 300MW Th

150 ( 2 )

P Th > 300MW Th

Note

400 mg NO 2 .Nm -3 in the case of pulverised lignite combustion.

(1)

200 mg NO 2 .Nm -3 in the case of pulverised lignite combustion.

(2)

C.

Emission Limit values for dust.

Emission Limit Values in mg dust.Nm -3

Rated Thermal Input (P Th )

Coal, Lignite

Biomass

Peat

and other solid

fuels

50MW Th ≤ P Th ≤ 300 MW Th

P Th > 300MW Th

D.

Emission Limit values for CO.

For all plants 150 mg CO.Nm -3 .

Amended by

L.N. 47 of 2017.

EMISSION LIMIT VALUES FOR LIQUID FUELS

Emission limit values expressed in mg.Nm - 3 and shall be calculated at a

temperature 273.15 K, a pressure of 101.3 kPa and at an oxygen content of 3% to be

applied by combustion plants pursuant to regulation 5.

A.

Emission Limit values for SO 2

Rated Thermal Input (P Th )

Emission Limit Value (ELV)

350 mg SO 2 .Nm -3 ( 1 )

50MW Th ≤ P Th ≤ 100 MW Th

250 mg SO 2 .Nm -3 ( 1 )

100MW Th < P Th ≤ 300MW Th

200 mg SO 2 .Nm -3 ( 2 )

P Th > 300MW Th

Note

850 mg SO 2 .Nm -3 for combustion plants which were granted a permit prior to the 27

(1)

November 2002 or the operators of which had submitted a complete application for a permit

before that date, provided that the plant was put into operation no later than 27 November

2003, and which do not operate more than 1500 operating hours per year as a rolling average

over a 5 year period, if their rated thermal input ≤ 300 MW Th .

400 mg SO 2 .Nm -3 for combustion plants which were granted a permit prior to the 27

(2)

November 2002 or the operators of which had submitted a complete application for a permit

before that date, provided that the plant was put into operation no later than 27 November

2003, and which do not operate more than 1500 operating hours per year as a rolling average

over a 5 year period, if their rated thermal input > 300 MW Th .

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 ( 1 ) ( 2 )

50MW Th ≤ P Th ≤ 100 MW Th

200 mg NO 2 .Nm -3 ( 1 ) ( 2 )

100MW Th < P Th ≤ 300MW Th

150mg NO 2 .Nm -3 ( 1 ) ( 2 ) ( 3 )

P Th > 300MW Th

Note

450 mg NO 2 .Nm -3 for the firing of distillation and conversion residues from the

(1)

refining of crude oil for own consumption in combustion plants or combustion plants used in

chemical installations using liquid production residues as a non commercial fuel, with a total

rated thermal input not exceeding 500 MW Th which were granted a permit before 27

November 2002 or the operators of which had submitted a complete application for permit

before that date provided that the plant was put in operation no later than 27 November 2003.

450 mg NO 2 .Nm -3 in the case of combustion plants with a rated total thermal input

(2)

≤ 500 MW Th , if they were granted a permit prior to 27 November 2002 or the operators of

which had submitted a complete application for a permit before that date, provided that the

plant was put into operation no later than 27 November 2003, and which do not operate more

than 1500 operating hours per year as a rolling average over a 5 year period.

400 mg NO 2 .Nm -3 for combustion plants with a rated thermal input > 500 MW Th . if

(3)

they were granted a permit prior to the 27 November 2002 or the operators of which had

submitted a complete application for a permit before that date, provided that the plant was

put into operation no later than 27 November 2003, and which do not operate more than 1500

operating hours per year as a rolling average over a 5 year period.

A part of a combustion plant discharging its waste gases through one or more separate

flues within a common stack and which does not operate more than 1500 operating hours per

calendar year as a rolling average over a period of 5 years, may be subject to the emission

limit values set out in: Notes ( 1 ) and ( 2 ) to paragraph A for SO 2 and to the emission limit

values in Notes ( 2 ) and ( 3 ) to paragraph B for NO 2 , in relation to the total rated thermal input

of the entire combustion plant. In such cases emissions through each of those flues shall be

monitored separately.

C.

Emission limit values for dust.

Rated Thermal Input (P Th )

Emission Limit Values

30 mg dust.Nm -3

50MW Th ≤ P Th ≤ 100 MW Th

25 mg dust.Nm -3

100MW Th < P Th ≤ 300MW Th

20 mg dust.Nm -3

P Th > 300MW Th

Note

The emission limit value of 50 mg dust.Nm -3 for the firing of distillation and

(1)

conversion residues from the refining of crude oil for own consumption in combustion plants

which were granted a permit before 27 November 2002 or the operator of which had

submitted a complete application for a permit before that date provide that the plant was put

into operation no later than 27 November 2003.

D.

Emission limit values for CO.

For all plants 100 mg CO.Nm -3

Amended by

L.N. 47 of 2017.

EMISSION LIMIT VALUES FOR LIQUID FUELS

Emission limit values expressed in mg.Nm - 3 and shall be calculated at a

temperature 273.15 K, a pressure of 101.3 kPa and at an oxygen content of 3% to be

applied by combustion plants pursuant to regulation 6.

The emission limit values set out in this schedule apply to the emissions of each

common stack in relation to the total rated thermal input of the entire combustion

plant.

A.

Emission Limit values for SO 2 .

Rated Thermal Input (P Th )

Emission Limit Value (ELV)

350 mg SO 2 .Nm -3

50MW Th ≤ P Th ≤ 100 MW Th

200 mg SO 2 .Nm -3

100MW Th < P Th ≤ 300MW Th

150 mg SO 2 .Nm -3

P Th > 300MW Th

B.

Emission Limit values for NO X measured as NO 2 .

Rated Thermal Input (P Th )

Emission Limit Value (ELV)

300 mg NO 2 .Nm -3

50MW Th ≤ P Th ≤ 100 MW Th

150 mg NO 2 .Nm -3

100MW Th < P Th ≤ 300MW Th

100 mg NO 2 .Nm -3

P Th > 300MW Th

C.

Emission Limit values for dust.

Rated Thermal Input (P Th )

Emission Limit Value (ELV)

20 mg dust.Nm -3

50MW Th ≤ P Th ≤ 300 MW Th

10 mg dust.Nm -3

P Th > 300MW Th

D. Emission Limit value for CO.

For all plants 100 mg CO.Nm -3 .

Amended by

L.N. 47 of 2017.

EMISSION LIMIT VALUES FOR GASEOUS FUELS

Emission limit values expressed in mg.Nm - 3 and shall be calculated at a

temperature 273.15 K, a pressure of 101.3 kPa and at an oxygen content of 3% (for

combustion plants other than gas turbines and gas engines) and an oxygen content of

15% for gas engines, to be applied by combustion plants pursuant to regulation 5.

The emission limit values set out in this schedule apply to the emissions of each

common stack in relation to the total rated thermal input of the entire combustion

plant.

Where emission limit values in this schedule may be applied for a part of a

combustion plant with a limited number of operating hours, those limit values shall

apply to the emissions of that part of the plant, but shall be set in relation to the total

rated thermal input of the entire combustion plant.

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

400 mg SO 2 .Nm -3 ( 1 )

Low calorific gases from coke oven

200 mg SO 2 .Nm -3 ( 1 )

Low calorific gases from blast furnace

Note

800 mg SO 2 .Nm -3 for combustion plants, firing low calorific gases from the

(1)

gasification of refinery residues, which were granted a permit prior to 27 November 2002 or

the operators of which had submitted a complete application for a permit before that date,

provided that the plant was put into operation no later than 27 November 2003.

B.

Emission Limit values for NO X .

Type of Fuel

Emission Limit Value (ELV)

Natural gas ( 1 )

100 mg NO 2 .Nm -3

200 ( 2 ) mg NO 2 .Nm -3

Blast furnace gas, coke oven gas, low

calorific gases from gasification of refinery

residues

200 ( 2 ) mg SO 2 .Nm -3

Other gases

Note

(1)

Natural gas is naturally occurring methane with not more than 20% (by volume) of

inerts and constituents.

300 mg NO 2 .Nm -3 for such combustion plants with a total rated thermal input not

(2)

exceeding 500MW Th which were granted a permit before 27 November 2002 or the operator

of which had submitted a complete application for a permit before that date, provided that the

plant was put in operation no later than 27 November 2003.

The limit values for gas engines shall be 100 mg NO 2 .Nm -3 .

C.

Emission Limit values for dust.

Type of Fuel

Emission Limit Value (ELV)

5 mg dust.Nm -3

In general

10 mg dust.Nm -3

For blast furnace gas

30 mg dust.Nm -3

For gases produced by the steel industry

which can be used elsewhere

D.

Emission limit values for CO.

Emission Limit Value (ELV)

100 mg CO.Nm -3

Gas fired plants excluding gas turbines and

gas engines

The limit values in section D of this schedule do not apply to combustion plants

firing blast furnace gas, coke oven gas or low calorific gases from gasification of

refinery residues and to combustion plants firing any other gas.

The emission limit values in this schedule do not apply to gas engines that operate

less than 500 operating hours per year. The operator of such plants shall record the

used operating hours.

Amended by

L.N. 47 of 2017.

EMISSION LIMIT VALUES FOR GASEOUS FUELS

Emission limit values expressed in mg.Nm - 3 and shall be calculated at a

temperature 273.15 K, a pressure of 101.3 kPa and at an oxygen content of 3% (for

combustion plants other than gas turbines and gas engines) and an oxygen content of

15% for gas engines, to be applied by combustion plants pursuant to regulation 6.

The emission limit values set out in this schedule apply to the emissions of each

common stack in relation to the total rated thermal input of the entire combustion

plant.

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

400 mg SO 2 .Nm -3

Low calorific gases from coke oven

200 mg SO 2 .Nm -3

Low caloric gases from blast furnaces

B.

Emission Limit values for NO X .

Emission Limit Value (ELV)

100 mg NO 2 .Nm -3

In general

The limit values for gas engines shall be 75 mg NO 2 .Nm -3 .

C.

Emission Limit values for dust.

Type of Fuel

Emission Limit Value (ELV)

5 mg dust.Nm -3

In general

10 mg dust.Nm -3

Blast furnace gas

30 mg dust.Nm -3

Gases produced by the steel industry which

can be used elsewhere

D.

Emission Limit values for CO.

Emission Limit Value (ELV)

100 mg CO.Nm -3

Gas fired plants excluding gas turbines

100 mg CO.Nm -3

Gas engines

The emission limit values in this schedule do not apply to gas engines for

emergency use that operate less than 500 operating hours per year. The operator of

such plants shall record the used operating hours.

Amended by

L.N. 47 of 2017.

HEAVY METAL EMISSION LIMIT VALUES

Yearly limit values for heavy metals shall be expressed in mg.Nm -3 and shall be

calculated at a temperature of 273 K, a pressure of 101.3 kPa and an oxygen content

of 6% for solid fuels and 3% for liquid fuels and shall be measured as shown below

Heavy Metals

Emission Limit Value (ELV)

Cadmium and thallium together

A r s e n i c , c h r o m i u m , c o b a l t , c o p p e r,

m a n g a n e s e , n i c k e l , l e a d , a n t i m o n y,

vanadium together

For a combustion plant firing coal or lignite, the emissions of total mercury shall

not exceed 0.03 mg. Nm -3 .

DIOXIN AND FURAN EMISSION LIMIT VALUES

The limit values for dioxins and furans of the combustion plants firing solid or

liquid fuels shall be set for total dioxin and furan concentration and shall be

normalized at a temperature of 273 K, a pressure of 101.3 kPa and an oxygen content

of 6% for solid fuels and 3% for liquid fuels. Total dioxin and furan concentration is

calculated by determining the concentration of the substances in the table below,

multiplying these by the equivalence factors in the same table and then summing up

the products of substance concentration and equivalence factor.

Substance

Equivalence Factor

2,3,7,8-Tetrachlordibenzodioxin (TCDD)

1,2,3,7,8-Pentachlordibenzodioxin (PeCDD)

0.5

1,2,3,4,7,8-Hexachlordibenzodioxin (HxCDD)

0.1

1,2,3,7,8,9-Hexachlordibenzodioxin (HxCDD)

0.1

1,2,3,6,7,8-Hexachlordibenzodioxin (HxCDD)

0.1

1,2,3,4,6,7,8-Heptachlordibenzodioxin (HpCDD)

0.01

Octachlordibenzodioxin (OCDD)

0.001

2,3,7,8-Tetrachlordibenzofuran (TCDF)

0.1

2,3,4,7,8-Pentachlordibenzofuran (PeCDF)

0.5

1,2,3,7,8-Pentachlordibenzofuran (PeCDF)

0.05

1,2,3,4,7,8-Hexachlordibenzofuran (HxCDF)

0.1

1,2,3,7,8,9-Hexachlordibenzofuran (HxCDF)

0.1

1,2,3,6,7,8-Hexachlordibenzofuran (HxCDF)

0.1

2,3,4,6,7,8-Hexachlordibenzofuran (HxCDF)

0.1

1,2,3,4,6,7,8-Heptachlordibenzofuran (HpCDF)

0.01

1,2,3,4,7,8,9-Heptachlordibenzofuran (HpCDF)

0.01

Octachlordibenzofuran (OCDF)

0.001

Amended by

L.N. 47 of 2017.

EMISSION LIMIT VALUES FOR GAS TURBINES

Emission limit values expressed in mg.Nm - 3 and shall be calculated at a

temperature 273.15 K, a pressure of 101.3 kPa and at an oxygen content of 15%, to

be applied by gas turbines pursuant to regulation 8(1). The limit values apply only

above 70% load.

The emission limit values set out in this schedule apply to the emissions of each

common stack in relation to the total rated thermal input of the entire combustion

plant.

Where emission limit values in this schedule may be applied for a part of a

combustion plant with a limited number of operating hours, those limit values shall

apply to the emissions of that part of the plant, but shall be set in relation to the total

rated thermal input of the entire combustion plant.

A.

Emission limit values for NO x .

Fuels

Emission Limit Value (ELV)

50 mg NO 2 .Nm -3 ( 1 )( 2 )( 3 )

Natural gas (naturally occurring methane with

not more than 20% (by volume) of inerts and

other constituents)

90 mg NO 2 .Nm -3 ( 4 )

Liquid fuels (emission limit value applies to

gas turbines firing light and middle distillates)

120 mg NO 2 .Nm -3 ( 4 )

Gaseous fuels other than natural gas

Note

75 mg NO 2 .Nm -3 in the following cases, where the efficiency of the gas turbine is

(1)

determined at ISO base load conditions

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%;

c.

gas turbines for mechanical drives.

1.42η mg NO 2 .Nm -3 (where η is the gas turbine efficiency expressed as a

(2)

percentage and at ISO base load conditions) for single gas turbines not falling into any of the

above categories mentioned under note (1), but having an efficiency greater than 35%

(determined at ISO base load conditions).

150 mg NO 2 .Nm -3 for gas turbines (including CCGT) which were granted a permit

(3)

before 27 November 2002 or the operators of which submitted a complete application for a

permit before the date, provided that the plant was put into operation no later than 27

November 2003 and which do not operate more than 1500 hours per year as a rolling average

over a period of 5 years.

200 mg NO 2 .Nm -3 for gas turbines (including CCGT) which were granted a permit

(4)

before 27 November 2002 or the operators of which submitted a complete application for a

permit before the date, provided that the plant was put into operation no later than 27

November 2003 and which do not operate more than 1500 hours per year as a rolling average

over a period of 5 years.

A part of a combustion plant discharging its waste gases through one or more separate

flues within a common stack and which does not operate more than 1500 operating hours per

calendar year as a rolling average over a period of 5 years, may be subject to the emission

limit values set out in Notes ( 3 ) and ( 4 ) to paragraph B in relation to the total rated thermal

input of the entire combustion plant. In such cases emissions through each of those flues

shall be monitored separately.

B.

Emission limit values for CO.

Fuels

Emission Limit Value (ELV)

Liquid fuels (emission limit value applies to gas 100 mg CO.Nm -3

turbines firing light and middle distillates)

Natural gas (naturally occurring methane with not 100 mg CO.Nm -3

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

constituents)

The limit values in part B of this schedule do not apply to gas turbines firing

gaseous fuel unless the fuel is natural gas.

Gas turbines for emergency use that operate less than 500 operating hours per year

are not covered by the emission limit values set out in this schedule. The operation

of such plants shall record the used operating hours.

Amended by

L.N. 47 of 2017.

EMISSION LIMIT VALUES FOR GAS TURBINES

Emission limit values expressed in mg.Nm - 3 and shall be calculated at a

temperature 273.15 K, a pressure of 101.3 kPa and at an oxygen content of 15%, to

be applied by gas turbines pursuant to regulation 8(2). The limit values apply only

above 70% load.

The emission limit values set out in this schedule apply to the emissions of each

common stack in relation to the total rated thermal input of the entire combustion

plant.

A.

Emission limit values for NO x .

Fuels

Emission Limit Value (ELV)

50 mg NO 2 .Nm -3 ( 1 )

Gaseous Fuels including (CCGT)

50 mg NO 2 .Nm -3

Liquid fuels (emission limit value applies to

gas turbines firing light and middle

distillates)

(1)

1.42η mg NO2. Nm-3 (where η is the gas turbine efficiency expressed as a

percentage and at ISO base load conditions) for single cycle gas turbines having an

efficiency greater than 35% - determined at ISO base load conditions.

B.

Emission limit values for CO.

Fuels

Emission Limit Value (ELV)

100 mg CO.Nm -3

Gaseous Fuels including (CCGT)

100 mg CO.Nm -3

Liquid fuels (emission limit value applies to

gas turbines firing light and middle

distillates)

Gas turbines for emergency use that operate less than 500 operating hours per year

are not covered by the emission limit values set out in this schedule. The operation

of such plants shall record the used operating hours.

LIST OF PAHs TO BE MEASURED AS PER REGULATION 15

Naphthalene

Anthracene

Phenatrene

Flouranthene

Benzo(a)anthracene

Chrysene

Benzo(a)pyrene

Benzo(ghi)perylene

Benzo(k)fluoranthene

Indeno(1,2,3-cd)pyrene

Sum of the 10 PAHs above

DEROGATIONS AS PER REGULATION 13

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.

Amended by

L.N. 47 of 2017.

REQUIREMENTS FOR THE AUTOMATED MEASURING SYSTEMS

AND FOR THE VALIDATION OF RESULTS

1. All sampling, analysis and measurement of the pollutants and the

measurement of the relevant process parameters as well as the quality assurance of

automated measurement systems and the reference methods to calibrate those

systems shall be carried out according to CEN standards, in their absence ISO

standards or standards from any EU Member State can be used if they ensure the

provision of data of an equivalent scientific quality.

2. Automated measuring systems shall be subject to control by means of

parallel measurements with the reference method at least once a year. The results of

the verification of the automated measurement systems together with any relevant

certification shall be forwarded to the competent authority.

3. The value of the 95% confidence interval 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%

Total dust

30%

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

measured hourly average values after having subtracted a factor determined

according to the procedure established by the relevant part of EN14181 and which

shall in no case exceed the 95% confidence interval specified in 3 above.

5. 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 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.

6. Combustion plants firing natural gas shall be exempt from the monitoring of

INFORMATION TO BE REPORTED WITH THE EMISSIONS INVENTORY

Emissions inventories prepared by the operator under Regulation 19, shall include

the following information

Name of the Installation;

Name of the combustion plant;

Date of the start of operation of the combustion plant;

The type of fuel fired by 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 rated thermal input of the combustion plant (MW Th );

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 = 12



( WGF m 

)

avg

[P]

m

d = 1

Where

WGF m is the monthly waste gas flow rate in Nm 3

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

and the

Total annual operating hours of the combustion plant (hours).

INFORMATION TO BE REPORTED WITH THE OPERATING TIME

Reports on combustion plants operating time prepared by the operator under

regulation 19, 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

T







 [P] M

[P] s =

273.15

100 - W

20.94 - O M

P

Where

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

standard conditions.

[P] M is the mass concentration of the pollutant

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

Pressure P in kilopascal (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.

O S is the standard oxygen 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 or gas engines.

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

"maximum continuous rating" means the maximum output in

MW E that a generating plant is capable of producing continuously

under normal operating conditions over a period of time which

shall not be less than one year;

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

at t he m axi mum continuous rating of the com bustion plant

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

thermal (MW Th );

"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) Waste gases from combustion plants shall be

discharged in a controlled way by means of a stack, containing one

or more flues, the height of which is calculated in such a way to

safeguard human health and the environment.

(2) The minimum stack height shall be calculated using the

dispersion modelling software and procedures deemed appropriate

by the competent authority.

(3) For combustion plants permitted after 07 January 2013, the

minimum stack height which shall be established during the initial

permitting process, shall be such that the contribution from these

combustion plants does not exceed 3% of the limit values in Annex

7 of the Ambient Air Quality Regulations, for the pollutants

specified therein.

4. (1) Permits for combustion plants which have been granted

a permit before the 07 January 2013, or the operators of which have

submitted a complete application for a permit before that date,

provided that such plants are put into operation no later than 07

2013. January 2014 shall include conditions related to emission limit

values which shall not be higher than those in

(a) Schedule I for plants firing solid fuels; and

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

(c) Schedule V for plants firing gaseous fuels.

(2) Sub-regulation (1) shall be applicable as from 01 January

2016 for combustion plants which were permitted or in operation

after 06 January 2011 and before 7 January 2013; prior to 1 January

2016, permits for such combustion plants shall include limit values

which shall not be higher than those set in Schedules I to VII of the

Large Combustion Plant Regulations, as applicable.

(3) Sub-regulation (1) shall be applicable as from 01 January

2020 for combustion plants which were permitted or in operation

on 06 January 2011; prior to 1 January 2020, permits for such

combustion plants shall include limit values which shall not be

higher than those set in Schedules I to VII of the Large Combustion

Plant Regulations, 2010, as applicable.

5. Permits for combustion plants not covered by regulation

4(1) shall include conditions related to emission limit values which

shall not be higher than those in

(a) Schedule II for plants firing solid fuels; and

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

(c) Schedule VI for plants firing gaseous fuels.

6. The limit values in regulations 4 and 5 are not applicable

to

(a) diesel engines irrespective of the fuel; and

(b) recovery boilers within installations for the production

of pulp.

7. Permits for combustion plants firing solid and liquid fuels,

shall include conditions relating to compliance with the emission

limit values for

(a) the heavy metals in Schedule VII; and

(b) the dioxins and furans in Schedule VIII.

8. (1) Permits for gas turbines which have been granted a

permit before the 07 January 2013, or the operators of which have

submitted a permit before that date, provided that such plants are

put into operation no later than 07 January 2014 shall include

conditions related to emission limit values which shall not be

higher than those in Schedule IX.

(2) Permits for other gas turbines outside the scope of sub-

regulation (1) shall include conditions related to emission limit

values, which shall not be higher than those in Schedule X.

9. (1) If a combustion plant is extended, the emission limit

values set out in regulation 5 and in regulation 8(2) shall apply to

the extended part of the plant affected by the change and shall be

set in relation to the total rated thermal input of the entire

combustion plant.

(2) In the case of a change to a plant, which may have

consequences for the environment and which affects part of the

plant having a rated thermal input of 50 MW Th or more, the

emission limit values set out in regulation 5 shall apply to the part

of the plant which has changed in relation to the total rated thermal

input of the whole plant.

(3) The applicable limit value for carbon monoxide shall in no

case be higher than 100 mg CO. Nm -3 .

10. Notwithstanding the provisions in regulations 3, 4, 5 and 6,

the competent authority may impose limit values stricter than the

ones in these regulations or impose emission limit values on plants

exempt from this requirement through regulation 1(3) or through

regulation 9 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 other regulations made under the Environment

Protection Act and, or the Development Planning Act

and deemed relevant by the competent authority.

11. (1) Combustion plants within the scope of these

regulations may be exempt from compliance with the limit values

referred to in regulation 4 if the operator of these plants undertakes

in a written declaration submitted to the competent authority by 01

October 2014, not to operate the plant for more than 17,500 hours,

starting from the 01 January 2016 and ending no later than 31

December 2023.

(2) The operator shall forward to the competent authority the

information listed in Schedule XV together with the number of

operating hours since January 2016 using the equation in the same

Schedule.

(3) Combustion plants made up of more than one combustion

unit shall be considered to be in operation when any part of them

operates, irrespective of the load factor.

(4) Combustion plants under the derogation in sub-regulation

(1) shall at least comply with the limit values for sulphur dioxide,

nitrogen oxides and dust set out in the permit applicable on the 31

December 2015 issued in compliance with the requirements of the

Large Combustion Plants Regulations, and the Integrated Pollution

Prevention and Control Regulations.

(5) If the combustion plant within the scope of sub-regulation

(1) accounts for at least 35% of the electricity supply in Malta in 06

January 2011, and is incapable due to its technical characteristics to

comply with the limit values in regulation 4, then the operating

hours referred to in sub-regulation (1) shall be extended to 18,000

hours to be used from the 01 January 2020 and to be used up by no

later than 31 December 2023. In this case the operator shall submit

the written declaration to the competent authority by 01 October

2019 and shall start reporting the number of operating hours used

up since 01 January 2020.

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

electrical output of 300 MW or more and which were permitted

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 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

paragraph 1 and other available information, particularly

concerning the protection of the environment and human health.

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

these regulations, shall include conditions on procedures relating to

malfunction or break down of abatement equipment.

(2) In the case of a break down or malfunction of any

abatement equipment, 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 operations is not achieved within twenty-four

hours.

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

hours of the occurrence of such break down or malfunction.

(4) In no circumstance shall the cumulative duration of

unabated operations in any twelve month period exceed one

hundred and twenty hours. The Director of Environment Protection

and any officials to whom this role is delegated may allow

exceptions to the limits of twewnty-four hours and one hundred and

twenty hours above, in cases where in his judgment

(a) there is an overriding need to maintain energy

supplies; or

(b) the plant with the break down would be replaced for a

limited period by another plant which would cause an

overall increase in emissions.

(5) The Director of Environment Protection and any officials to

whom this role is delegated may allow a suspension for a maximum

of six months from the obligation to comply with the emission limit

values provided for in regulations 4 and 5 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 of Environment Protection and any officials to

whom this role is delegated may allow a suspension for a maximum

of six months from the obligation to comply with the emission limit

values provided for in regulations 4 and 5 for sulphur dioxide 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.

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

operator shall inform the Director of Environment Protection 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 deemed necessary by the competent authority. The

competent authority shall at its discretion issue a temporary

derogation according to the provisions of the above mentioned sub-

regulations in accordance with the notification referred to in

Schedule XII. 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.

14. Permits for combustion plants made up of multi-firing

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 and VI as applicable;

(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.

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

sulphur dioxide, oxides of nitrogen, dust, carbon monoxide, heavy

metals (in accordance with Schedule VII), dioxins and furans (in

accordance with Schedule VIII) polycyclic aromatic hydrocarbons

- PAHs (in accordance with Schedule XI) in the waste gases of the

combustion plants within the scope of these regulations.

(2) Concentrations of sulphur dioxide, oxides of nitrogen, dust

and of carbon monoxide shall be monitored continuously.

(3) The installation and functioning of the automated

measuring equipment shall be subject to control and annual

surveillance tests as set out in Schedule XIII.

(4) The operator shall make sure that all monitoring results are

recorded, processed and presented in such a way as to enable the

competent authority to verify compliance with the operating

conditions and emission limit values which are included in the

permit. To this end the permit shall include a template, which is to

be used by the operator in order to report the monitoring results to

the competent authority.

(5) 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.

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

plants within the scope of these regulations discontinuously for

heavy metals, PAHs and dioxins and furans.

(7)

With the exception of dioxins and furans, discontinuous

measurements shall be carried out at least every six months for a

minimum sampling time of at least six hours.

(8) Dioxins and furans shall be measured discontinuously at

least once yearly. The minimum sampling time shall be of six

hours.

(9) The competent authority may waive the requirement for the

measurement of dioxins and furans if it results that the

concentration of dioxins and furans in the waste gases of the

combustion plants is consistently below the limit value stipulated

by the permit.

(10) Combustion plants using gas or light and middle distillates

as their fuel shall not be required to monitor for dioxins and furans,

heavy metals and PAHs.

(11) 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.

(12) 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.

(13) Automated measuring

systems

are

subject

to

the

requirements in Schedule XIII.

(14) The operator shall inform the competent authority of any

significant changes in the type of fuel used or in the mode of

operation of the plant. The competent authority shall decide

whether the monitoring requirements laid down in sub-regulations

(1) to (13) are still adequate or require adaptation.

16. 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.

17. (1) The limit values set out in Schedules I, II, III, IV, V,

VI, VII, VIII, IX, and X shall be regarded as having been complied

with if the evaluation of results indicates, for operating hours

within a calendar year, that all the following conditions have been

met

(a) no validated monthly average value exceeds the

relevant emission limit values set out in Schedules I,

II, III, IV, V, VI, VII, VIII, IX and X; and

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

relevant emission limit values set out in Schedules I,

II, III, IV, V, VI, VII, VIII, IX and X; and

(c) validated average values are determined as set out in

paragraphs 4 and 5 of Schedule XIII; and

(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 Schedules I, II, III, IV, V, VI, VII,

VIII, IX and X.

For the purpose of the calculation of the average emission

values, the values measured during the periods referred to in

regulation 13 as well as during start up and shut down periods shall

be disregarded.

(2) Without prejudice to sub-regulation (1), for combustion

plants composed only of boilers using coal with a total rated

thermal input below 50 MW, no validated daily average value shall

exceed 150% of the limit values in Schedules I and II.

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

a combustion plant by combustion plant basis taking into account

the definition in regulation 2. The inventory shall include the

energy input, and the loads of sulphur dioxide, nitrogen oxides and

dust (as total suspended particulates). 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) The emissions inventory shall include the information in

Schedule XIV.

(3) 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 XV.

19. 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 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 provision of these

regulations, or to contravene any restriction,

prohibition or requirement imposed by or under the

said regulations.

20. 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

twenty-three thousand euro (€23,000) and not

exceeding two hundred and thirty-three thousand euro

(€233,000) or to imprisonment for a term not

exceeding two years or both such fine and

imprisonment;

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

(multa) of not less than forty-six thousand euro

(€46,000) and not exceeding four hundred and sixty-

six thousand euro (€466,000) 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

i m p l e m e n t a t i o n o f t h e s e r e g u l a t i o n s an 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, including the vehicle, if applicable.

The provisions of article 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

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

Crim in al A ppeal f ro m any jud gm ent giv en b y t he C ourt of

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

of proceedings for any offence against these regulations.

Schedules I to XV to these regulations are being published

in the English language in the English text of these regulations.

(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

2010. 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.

(2) References to the revoked regulations shall be construed as

references to these regulations.