Legislator Case Law & Legislation
sl_549.79 MT

INDUSTRIAL EMISSIONS (LIMITATION OF EMISSIONS OF VOLATILE ORGANIC COMPOUNDS) REGULATIONS

17 Articles / Provisions · Malta
Open official source Machine-readable Markdown (.md)

Table of Provisions (17)

Statutory Text (17 Articles)

Laws of Malta — Subsidiary Legislation 549.79 — INDUSTRIAL EMISSIONS (LIMITATION OF EMISSIONS OF VOLATILE ORGANIC COMPOUNDS) REGULATIONS

SUBSIDIARY LEGISLATION 549.79

INDUSTRIAL EMISSIONS (LIMITATION OF

EMISSIONS OF VOLATILE ORGANIC

COMPOUNDS) REGULATIONS

7th January, 2013 *

LEGAL NOTICE 12 of 2013, as amended by Legal Notice 48 of 2017.

Laws of Malta — Subsidiary Legislation 549.79 — INDUSTRIAL EMISSIONS (LIMITATION OF EMISSIONS OF VOLATILE ORGANIC COMPOUNDS) REGULATIONS

The title of these regulations is the Industrial Emissions

( L i m i t a t i o n o f E m i s s i o n s o f Vol a t i l e O rg a n i c C o m p o u n d s )

Regulations.

Laws of Malta — Subsidiary Legislation 549.79 — INDUSTRIAL EMISSIONS (LIMITATION OF EMISSIONS OF VOLATILE ORGANIC COMPOUNDS) REGULATIONS

(1) These regulations provide for the implementation in

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

th e C ou nc i l of 24 N ov e m be r 20 10 o n In du s t ri a l E m is s i on s

(Integrated Pollution Prevention and Control) (Recast).

(2) These regulations also provide for the implementation of

the Industrial Emissions (Framework) Regulations.

(3) These regulations lay down rules for the prevention and

control of pollution arising from the use of organic solvents in

certain activities and installations. The purpose and scope of these

regulations is to prevent or reduce the direct and indirect effects of

emissions of volatile organic compounds into the environment,

mainly into the air, and the potential risks to human health.

Laws of Malta — Subsidiary Legislation 549.79 — INDUSTRIAL EMISSIONS (LIMITATION OF EMISSIONS OF VOLATILE ORGANIC COMPOUNDS) REGULATIONS

These regulations shall apply to the activities defined in

Schedule I, and, where applicable, reaching the solvent

consumption thresholds listed in Schedule II.

Laws of Malta — Subsidiary Legislation 549.79 — INDUSTRIAL EMISSIONS (LIMITATION OF EMISSIONS OF VOLATILE ORGANIC COMPOUNDS) REGULATIONS

For the purpose of these regulations and unless the context

otherwise requires

"adhesive" means any mixture, including all the organic solvents

or mixtures containing organic solvents necessary for its proper

application, which is used to adhere separate parts of a product;

"consumption" means the total input of organic solvents into an

installation per calendar year, or any other twelve-month period,

less any volatile organic compounds that are recovered for re-use;

"contained conditions" means conditions under which an

installation is operated such that the volatile organic compounds

released from the activity are collected and discharged in a

controlled way either via a stack or abatement equipment and are

therefore not entirely fugitive;

"existing installation" means an installation in operation on 29

March 1999 or which was granted a permit or registered before 1

A p r i l 2 0 0 1 o r t h e o p e r a t o r o f w h i c h su b m i t t e d a c o m p l e t e

application for a permit before 1 April 2001, provided that that

installation was put in operation no later than 1 April 2002;

*see regulation 1(2) of these regulations, as originally promulgated.

"fugitive emissions" means any emissions, not in waste gases, of

volatile organic compounds into air, soil and water as well as,

unless otherwise stated in Schedule II, solvents contained in any

products. These include uncaptured emissions released to the

outside environment via windows, doors, vents and similar

openings;

"ink" means a mixture, including all the organic solvents or

mixtures containing organic solvents necessary for its proper

application, which is used in a printing activity to impress text or

images on to a surface;

"input" means the quantity of organic solvents and their quantity

in mixtures used when carrying out an activity, including the

solvents recycled inside and outside the installation, and which are

counted every time they are used to carry out the activity;

"mass flow" means the quantity of volatile organic compounds

released, in unit of mass/hour;

"mixture" means mixture as defined in Article 3(2) of Regulation

(EC) No 1907/2006 of the European Parliament and of the Council

of 18 December 2006 concerning the Registration, Evaluation,

A u t h o r i s a t i on a n d R e s t r i c t i o n o f C h e m i c a l s ( R E A C H ) an d

establishing a European Chemicals Agency;

"new installation" means any installation other than those

defined under the definition of "existing installation";

" no r m a l o pe r a t io n " m e a n s al l p e r i o ds o f op e r a ti o n o f an

installation or activity except start-up and shutdown operations and

maintenance of equipment;

"re-use" means the use of organic solvents recovered from an

installation for any technical or commercial purpose and including

use as a fuel but excluding the final disposal of such recovered

organic solvent as waste;

"start-up and shut-down operations" means operations excluding

regularly oscillating activity phases whilst bringing an activity, an

equipment item or a tank into or out of service or into or out of an

idling state;

"total emissions" means the sum of fugitive emissions and

emissions in waste gases;

"varnish" means a transparent coating;

"waste gases" means the final gaseous discharge containing

volatile organic compounds or other pollutants, from a stack or

abatement equipment into air;

Laws of Malta — Subsidiary Legislation 549.79 — INDUSTRIAL EMISSIONS (LIMITATION OF EMISSIONS OF VOLATILE ORGANIC COMPOUNDS) REGULATIONS

The competent authority shall ensure that substances or

mixtures which, because of their content of volatile organic

compounds classified as carcinogens, mutagens, or toxic to

reproduction under Regulation (EC) No 1272/2008, are assigned or

need to carry the hazard statements H340, H350, H350i, H360D or

H360F shall be replaced, as far as possible, by less harmful

substances or mixtures within the shortest possible time.

Laws of Malta — Subsidiary Legislation 549.79 — INDUSTRIAL EMISSIONS (LIMITATION OF EMISSIONS OF VOLATILE ORGANIC COMPOUNDS) REGULATIONS

(1) The competent authority shall ensure by specification

in the conditions of the permit that sub-regulations (2) to (9) are

complied with.

(2)

All installations shall either comply with

(a) the emission limit values in waste gases and the

fugitive emission values, or the total emission limit

values, and other requirements laid down in Schedules

II and III; or

(b) the requirements of the reduction scheme specified in

Schedule V, provided that an equivalent emission

reduction is achieved compared to that achieved

through the application of the emission limit values

referred to in paragraph (a).

(3)

(a) By way of derogation from sub-regulation (2)(a),

where the operator demonstrates to the competent

authority that for an individual installation the

emission limit value for fugitive emissions is not

technically and economically feasible, the competent

authority may allow emissions to exceed that emission

limit value provided that significant risks to human

health or the environment are not to be expected and

that the operator demonstrates to the competent

authority that the best available techniques are being

used.

(b) By way of derogation from sub-regulation (2), for

coating activities covered by item 8 of Schedule II

which cannot be carried out under contained

conditions, the competent authority may allow the

emissions of the installation not to comply with the

requirements set out in that paragraph if the operator

demonstrates to the competent authority that such

compliance is not technically and economically

feasible and that the best available techniques are

being used.

(4) The emissions of either volatile organic compounds which

are assigned or need to carry the hazard statements H340, H350,

H 3 5 0 i , H 3 6 0 D o r H 3 6 0 F o r h a l o g e n a t e d v o l a t i l e o rg a n i c

com pounds which are assi gned or need to carry the hazard

statements H341 or H351, shall be controlled under contained

conditions as far as technically and economically feasible to

safeguard public health and the environment and shall not exceed

the relevant emission limit values set out in sub-regulations (7) and

(8).

(5) The competent authority shall ensure that installations

where two or more activities are carried out, each of which exceeds

the thresholds in Schedule II, shall

(a) as regards the substances specified in regulation 6(4),

meet the requirements of that regulation for each

activity individually;

(b) as regards all other substances, either

(i)

meet the requirements of sub-regulation (2) for

each activity individually; or

(ii) have total emissions not exceeding those that

would have resulted had sub-paragraph (i) been

applied.

(6) All appropriate precautions shall be taken to minimize

emissions of volatile organic compounds during start-up and shut-

down operations.

(7) The competent authority shall ensure that for discharges of

the volatile organic compounds referred to in regulation 5, where

the mass flow of the sum of the compounds causing the labelling

referred to in that regulation is greater than, or equal to 10 g/h, an

emission limit value of 2 mg/Nm 3 shall be complied with. The

emission limit value refers to the mass sum of the individual

compounds.

(8) The competent authority shall ensure that for discharges of

halogenated volatile organic compounds which are assigned the

hazard statements H341 or H351, where the mass flow of the sum

of these compounds is greater than, or equal to, 100 g/h, an

emission limit value of 20 mg/Nm 3 shall be complied with. The

emission limit value refers to the mass sum of the individual

compounds. The discharge of volatile organic compounds referred

to in this sub-regulation and regulation 5 shall be controlled as

emissions from an installation under contained conditions as far as

technically and economically feasible to safeguard public health

and the environment.

(9) The competent authority shall ensure that discharges of

those volatile organic compounds which, after the entry into force

of these regulations, are assigned or need to carry one of the risk

phrases mentioned in regulation 5 and sub-regulation (8), shall

have to comply with the emission limit values mentioned in sub-

regulations (7) and (8) respectively, within the shortest possible

time.

Laws of Malta — Subsidiary Legislation 549.79 — INDUSTRIAL EMISSIONS (LIMITATION OF EMISSIONS OF VOLATILE ORGANIC COMPOUNDS) REGULATIONS

(1) The competent authority shall ensure that channels to

which abatement equipment is connected, and which at the final

point of discharge emit more than an average of 10 kg/h of total

organic carbon, are monitored continuously for compliance.

(2) In the other cases, the competent authority shall ensure that

either continuous or periodic measurements are carried out

Provided that for periodic measurements at least three

readings shall be obtained during each measurement exercise

Provided further that measurements are not required in the

case where end-of-pipe abatement equipment is not needed to

comply with these regulations.

Laws of Malta — Subsidiary Legislation 549.79 — INDUSTRIAL EMISSIONS (LIMITATION OF EMISSIONS OF VOLATILE ORGANIC COMPOUNDS) REGULATIONS

(1) In the case of continuous measurements the competent

authority shall consider that emission limit values shall be

complied with if

(a) none of the averages over twenty-four hours of normal

operation exceeds the emission limit values, and

(b) none of the hourly averages exceeds the emission limit

values by more than a factor of 1.5.

(2) In the case of periodic measurements the emission limit

values shall be considered by the competent authority to be

complied with if, in one monitoring exercise

(a) the average of all the readings does not exceed the

emission limit values, and

(b) none of the hourly averages exceeds the emission limit

value by more than a factor of 1.5.

(3) The competent authority shall ensure that compliance with

the provisions of regulation 6(7) and (8) shall be verified on the

basis of the sum of the mass concentrations of the individual

volatile organic compounds concerned

Provided that for all other cases, compliance shall be

verified on the bases of the total mass of organic carbon emitted

unless otherwise specified in Schedule II:P

Provided that gas volumes may be added to the waste gas

for cooling or dilution purposes where technically justified but

shall not be considered when determining the mass concentration

of the pollutant in the waste gas.

Laws of Malta — Subsidiary Legislation 549.79 — INDUSTRIAL EMISSIONS (LIMITATION OF EMISSIONS OF VOLATILE ORGANIC COMPOUNDS) REGULATIONS

(1) The competent authority shall request the operator of

an installation covered by these regulations to supply to it once a

year or on request, with any data that enables the competent

authority to verify compliance with either of the following

(a) emission limit values in waste gases, fugitive emission

limit values and total emission limit values;

(b) the requirements of the reduction scheme under

Schedule V;

(c) the derogations granted in accordance with regulation

6(3)(a) and (b).

This may include a solvent management plan prepared in

accordance with Schedule IV.

Laws of Malta — Subsidiary Legislation 549.79 — INDUSTRIAL EMISSIONS (LIMITATION OF EMISSIONS OF VOLATILE ORGANIC COMPOUNDS) REGULATIONS

(1) A change of the maximum mass input of organic

solvents by an existing installation averaged over one day, where

the installation is operated at its design output under conditions

other than start-up and shut-down operations and maintenance of

equipment, shall be considered as substantial if it leads to an

increase of emissions of volatile organic compounds of more than

(a) 25% for an installation carrying out either activities

which fall within the lower threshold band of items 1,

3, 4, 5, 8, 10, 13, 16 or 17 of the table in Schedule II,

or activities which fall under one of the other items of

Schedule II, and with a solvent consumption of less

than 10 tonnes per year;

(b) 10% for all other installations.

(2)

Where an existing installation undergoes a substantial

change, or falls within the scope of these regulations for the first

time following a substantial change, that part of the installation

which undergoes the substantial change shall be treated either as a

new installation or as an existing installation, provided that the

total emissions of the whole installation do not exceed those that

would have resulted had the substantially changed part been treated

as a new installation.

(3) In case of a substantial change, the competent authority

shall check compliance with the requirements of these regulations.

Laws of Malta — Subsidiary Legislation 549.79 — INDUSTRIAL EMISSIONS (LIMITATION OF EMISSIONS OF VOLATILE ORGANIC COMPOUNDS) REGULATIONS

(1) Without prejudice to the Freedom of Access to

Information on the Environment Regulations, the competent

a u t h o r i t y s h a l l t ak e t h e n e ce s s ar y m e a s u r e s t o e n s u r e t h a t

applications for permits for new installations or for substantial

changes of those installations requiring a permit, are made

available for an appropriate period of time to the public, to enable

it to comment on them before the competent authority reaches a

decision

Provided that no obligation to reformat the information for

the public is implied. The decision of the competent authority,

including a copy of the permit, and any subsequent updates, shall

also be made available to the public. The general binding rules

applicable for installations and the list of installations subject to

permitting and registration shall be made available to the public.

(2) The results of emission-monitoring as required under the

permit conditions referred to in regulations 8 and 9 and held by the

competent authority shall be made available to the public.

(3) Sub-regulations (1) and (2) shall apply, subject to the

restrictions regarding grounds for refusal by public authorities to

provide information, including commercial and industrial

confidentiality, laid down in the Freedom of Access to Information

on the Environment Regulations.

Laws of Malta — Subsidiary Legislation 549.79 — INDUSTRIAL EMISSIONS (LIMITATION OF EMISSIONS OF VOLATILE ORGANIC COMPOUNDS) REGULATIONS

Any person shall be guilty of an offence under these

regulations if

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

terms of any provision of these regulations; or

(b) he contravenes any restriction, prohibition or

requirement imposed by or under these regulations; 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.

Laws of Malta — Subsidiary Legislation 549.79 — INDUSTRIAL EMISSIONS (LIMITATION OF EMISSIONS OF VOLATILE ORGANIC COMPOUNDS) REGULATIONS

Any person who commits an offence under 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 greater

than two hundred and thirty-three thousand euro

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

exceeding two years, or to 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 greater than 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 competent

authority 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.

Laws of Malta — Subsidiary Legislation 549.79 — INDUSTRIAL EMISSIONS (LIMITATION OF EMISSIONS OF VOLATILE ORGANIC COMPOUNDS) REGULATIONS

(1) The provisions of articles 23 and 30 of the Criminal

Code shall, mutatis mutandis, apply to proceedings in respect of

offences against these regulations, so however that the

disqualification from holding or obtain a permit 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

Criminal Appeal from any judgement given by the Court of

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

of proceedings for any offence against these regulations.

Laws of Malta — Subsidiary Legislation 549.79 — INDUSTRIAL EMISSIONS (LIMITATION OF EMISSIONS OF VOLATILE ORGANIC COMPOUNDS) REGULATIONS

(Omitted under the Statute Law Revision Act, 1980).

Laws of Malta — Subsidiary Legislation 549.79 — INDUSTRIAL EMISSIONS (LIMITATION OF EMISSIONS OF VOLATILE ORGANIC COMPOUNDS) REGULATIONS

(1) The provisions of these regulations shall apply from 7

January 2014 to installations carrying out the activities referred to

in Schedule 1 of the Integrated Pollution Prevention and Control

Regulations, 2002, which are in operation and hold a permit before

7 January 2013, or the operators of which have submitted a

complete application for a permit before that date, provided that

those installations are put into operation no later than 7 January

2014. (2) The provisions of these regulations shall apply from 7 July

2015 for installations carrying out the activities referred to in

Schedule 1 of subsidiary legislation relating to Integrated Pollution

Prevention and Control which are not covered by sub-regulation

(1), and which are in operation before 7 January 2013. Such

installations shall apply to the competent authority for a permit by

7 July 2013 at the latest.

(3) The provisions of regulation 5 shall apply from 1 June

2015. Until that date, substances or mixtures which, because of

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

carcinogens, mutagens, or toxic to reproduction under Regulation

(EC) No 1272/2008, are assigned or need to carry the hazard

statements H340, H350, H350i, H360D or H360F or the risk

phrases R45, R46, R49, R60 or R61, shall be replaced, as far as

possible, by less harmful substances or mixtures within the shortest

possible time.

(4) The provisions of regulation 6(4) shall apply from 1 June

2015. Until that date, the emissions of either volatile organic

comp ounds wh ich are assigned or need to carry the hazard

statements H340, H350, H350i, H360D or H360F or the risk

phrases R45, R46, R49, R60 or R61 or halogenated volatile organic

comp ounds wh ich are assigned or need to carry the hazard

statements H341 or H351 or the risk phrases R40 or R68, shall be

controlled under contained conditions, as far as technically and

economically feasible, to safeguard public health and the

environment and shall not exceed the relevant emission limit values

set out in regulation 6(7) and (8).

(5) The provisions of regulation 6(8) shall apply from 1 June

2015. Until that date, for emissions of halogenated volatile organic

comp ounds wh ich are assigned or need to carry the hazard

statements H341 or H351 or the risk phrases R40 or R68, where the

mass flow of the sum of the compounds causing the hazard

statements H341 or H351 or the labelling R40 or R68 is greater

than, or equal to, 100 g/h, an emission limit value of 20 mg/Nm 3

shall be complied with. The emission limit value refers to the mass

sum of the individual compounds.

(6) Permits issued under the revoked regulations shall be

construed as valid under their term of expiry or until superseded by

a permit issued under these regulations.

Schedule I

Technical provisions relating to installation and activities using organic solvents

This Schedule contains the categories of activity referred to in regulation 3. When

operated above the thresholds listed in Schedule II, the activities mentioned in this

Schedule fall within scope of these regulations. In each case the activity includes the

cleaning of equipment but not the cleaning of products unless specified otherwise.

1. Adhesive coating

Any activity in which an adhesive is applied to a surface, with the exception of

adhesive coating and laminating associated with printing activities.

2. Coating activity

Any activity in which a single or multiple application of a continuous film of a

coating is applied to

(a) either of the following vehicles

(i)

new cars, defined as vehicles of category M1 in Directive 2007/

46/EC of the European Parliament and of the Council of 5

September 2007 establishing a framework for the approval of

motor vehicles and their trailers, and of systems, components and

separate technical units intended for such vehicles and of

category N1 in so far as they are coated at the same installation as

M1 vehicles;

(ii) truck cabins, defined as the housing for the driver, and all

integrated housing for the technical equipment, of vehicles of

categories N2 and N3 in Directive 2007/46/EC;

(iii) vans and trucks, defined as vehicles of categories N1, N2 and N3

in Directive 2007/46/EC, but not including truck cabins;

(iv) buses, defined as vehicles of categories M2 and M3 in Directive

2007/46/EC;

(v) trailers, defined in categories O1, O2, O3 and O4 in Directive

2007/46/EC;

(b) metallic and plastic surfaces including surfaces of airplanes, ships,

trains, etc.;

(c) wooden surfaces;

(d) textile, fabric, film and paper surfaces;

(e) leather.

Coating activities do not include the coating of substrate with metals by

electrophoretic and chemical spraying techniques. If the coating activity includes a

step in which the same article is printed by whatever technique used, that printing

step is considered part of the coating activity. However, printing activities operated

as a separate activity are not included, but may be covered by Chapter V of the

Directive if the printing activity falls within the scope thereof.

3. Coil coating

Any activity where coiled steel, stainless steel, coated steel, copper alloys or

aluminium strip is coated with either a film forming or laminate coating in a

continuous process.

4. Dry cleaning

Any industrial or commercial activity using volatile organic compounds in an

installation to clean garments, furnishing and similar consumer goods with the

exception of the manual removal of stains and spots in the textile and clothing

5. Footwear manufacture

Any activity of producing complete footwear or parts thereof.

6. Manufacturing of coating mixtures, varnishes, inks and adhesives The

manufacture of the above final products, and of intermediates where carried out at

the same site, by mixing of pigments, resins and adhesive materials with organic

solvent or other carrier, including dispersion and predispersion activities, viscosity

and tint adjustments and operations for filling the final product into its container.

7. Manufacturing of pharmaceutical products

The chemical synthesis, fermentation, extraction, formulation and finishing of

pharmaceutical products and, where carried out at the same site, the manufacture of

intermediate products.

8. Printing

Any reproduction activity of text and/or images in which, with the use of an image

carrier, ink is transferred onto whatever type of surface. It includes associated

varnishing, coating and laminating techniques. However, only the following sub-

processes are subject to these regulations

(a) flexography - a printing activity using an image carrier of rubber or

elastic photopolymers on which the printing areas are above the non-

printing areas, using liquid inks which dry through evaporation;

(b) heatset web offset - a web-fed printing activity using an image carrier in

which the printing and non-printing area are in the same plane, where

web-fed means that the material to be printed is fed to the machine from

a reel as distinct from separate sheets. The non-printing area is treated

to attract water and thus reject ink. The printing area is treated to

receive and transmit ink to the surface to be printed. Evaporation takes

place in an oven where hot air is used to heat the printed material;

(c) laminating associated to a printing activity - the adhering together of

two or more flexible materials to produce laminates;

(d) publication rotogravure - a rotogravure printing activity used for

printing paper for magazines, brochures, catalogues or similar products,

using toluene-based inks;

(e) rotogravure - a printing activity using a cylindrical image carrier in

which the printing area is below the non-printing area, using liquid inks

which dry through evaporation. The recesses are filled with ink and the

surplus is cleaned off the non-printing area before the surface to be

printed contacts the cylinder and lifts the ink from the recesses;

(f)

rotary screen printing - a web-fed printing activity in which the ink is

passed onto the surface to be printed by forcing it through a porous

image carrier, in which the printing area is open and the non-printing

area is sealed off, using liquid inks which dry only through evaporation.

Web-fed means that the material to be printed is fed into the machine

from a reel as distinct from separate sheets;

(g) varnishing - an activity by which a varnish or an adhesive coating for

the purpose of later sealing the packaging material is applied to a

flexible material.

9. Rubber conversion

Any activity of mixing, milling, blending, calendering, extrusion and

vulcanisation of natural or synthetic rubber and any ancillary operations for

converting natural or synthetic rubber into a finished product.

10. Surface cleaning

Any activity except dry cleaning using organic solvents to remove contamination

from the surface of material including degreasing. A cleaning activity consisting of

more than one step before or after any other activity shall be considered as one

surface cleaning activity. This activity does not refer to the cleaning of the

equipment but to the cleaning of the surface of products.

11. Vegetable oil and animal fat extraction and vegetable oil refining activities

Any activity to extract vegetable oil from seeds and other vegetable matter, the

processing of dry residues to produce animal feed, the purification of fats and

vegetable oils derived from seeds, vegetable matter and/or animal matter.

12. Vehicle refinishing

Any industrial or commercial coating activity and associated degreasing activities

performing either of the following

(a) the original coating of road vehicles as defined in Directive 2007/46/EC

or part of them with refinishing-type materials, where this is carried out

away from the original manufacturing line;

(b) the coating of trailers (including semi-trailers) (category O in Directive

2007/46/EC).

13. Winding wire coating

Any coating activity of metallic conductors used for winding the coils in

transformers and motors, etc.

14. Wood impregnation

Any activity giving a loading of preservative in timber.

15. Wood and plastic lamination

Any activity to adhere together wood and/or plastic to produce laminated products

Schedule II

Thresholds and emission limit values

The emission limit values in waste gases shall be calculated at a temperature of

273,15 K, and a pressure of 101,3 kPa.

Activity

Fugitive emission

Threshold

Emission

(solvent

limit values

Total emission

(solvent

limit

consumption

(percentage of

limit values

consum-

values in

threshold in

solvent input)

ption

Special provisions

waste

tonnes/year)

threshold gases (mg New Existing

New Existing

in tonnes/

installa installa- installa- installa-

C/Nm

)

year)

-tions

tions

tions

tions

30 ( 1 )

( 1 ) Solvent residue in

Heatset web

15 - 25

offset printing

finished product is

(> 15)

not to be considered

30 ( 1 )

> 25

as part of fugitive

emissions.

Publication

rotogravure

(> 25)

( 1 ) Threshold for

Other

15 - 25

rotogravure,

rotary

screen

f l e x o g r a p h y,

> 25

printing on textile

ro t ar y sc r ee n

and on cardboard.

> 30 ( 1 )

printing,

laminating or

varnishing

units (> 15)

r o t ar y sc r e e n

printing on

textile/

cardboard (>

30)

20 ( 1 )

( 1 ) Limit value refers

Surface

1- 5

cleaning using

to

mass

of

20 ( 1 )

compounds

> 5

compounds in mg/

specified in

Nm , and not to total

regulation 6(4).

carbon.

(> 1)

75 ( 1 )

20 ( 1 )

( 1 ) Installations

Other surface

2 - 10

cleaning

which demonstrate

to the competent

75 ( 1 )

15 ( 1 )

(> 2)

> 10

authority that the

average organic

solvent content of all

cleaning material

used does not exceed

30% by weight are

exempt

from

application of these

values.

50 ( 1 )

( 1 ) Compliance in

Vehicle coating

> 0,5

(< 15) and

accordance with

vehicle

regulation 8(2) shall

refinishing

be demonstrated

based on 15 minute

average

measurements.

50 ( 1 )

( 1 ) For installations

Coil coating

which

use

(> 25)

techniques which

allow reuse of

recovered solvents,

the emission limit

value shall be 150.

Activity

Fugitive emission

Threshold

Emission

(solvent

limit values

Total emission

(solvent

limit

consumption

(percentage of

limit values

consum-

values in

threshold in

solvent input)

ption

Special provisions

waste

tonnes/year)

threshold gases (mg New Existing New Existing

in tonnes/

C/Nm 3 ) installa installa- installa- installa-

year)

-tions

tions

tions

tions

100 ( 1 ) ( 4 )

25 ( 4 )

( 1 ) Emission limit

Other coating,

5 - 15

including

value applies to

50/75 ( 2 )

20 ( 4 )

metal, plastic,

> 15

coating application

textile ( 5 ),

and drying processes

fabric, film and

operated under

paper coating

contained

conditions.

(> 5)

( 2 ) The first emission

limit value applies to

drying processes, the

se c o n d to c o at in g

application

processes.

( 3 ) For textile

coating installations

which

use

techniques which

allow reuse of

recovered solvents,

the emission limit

value applied to

coating application

and drying processes

taken together shall

be 150.

( 4 ) Coating activities

which cannot be

carried out under

contained conditions

(such

as

shipbuilding, aircraft

painting) may be

exempted from these

values,

in

accordance with

regulation 6(3)(b).

( 5 ) R o t a r y sc r e e n

printing on textile is

covered by activity

No 3.

( 1 ) Applies for

Winding wire

10 g/kg

( 1 )

coating

installations where

average diameter of

(> 5)

5 g/kg

wire ≤ 0,1 mm.

( 2 )

( 2 ) Applies for all

other installations.

100 ( 1 )

( 1 ) Emission limit

Coating

of

15 -25

wooden

value applies to

surfaces

coating application

and drying processes

50/75 ( 2 )

(> 15)

> 25

operated under

contained

conditions.

( 2 ) The first value

applies to drying

processes,

the

second to coating

application

processes.

Activity

Threshold Emission Fugitive emission

(solvent

limit values

Total emission

(solvent

limit

consumption

(percentage of

limit values

consum-

values in

threshold in

solvent input)

ption

Special provisions

waste

tonnes/year)

threshold

New Existing

New Existing

in tonnes/ gases (mg

C/Nm 3 ) installa installa- installa- installa-

year)

-tions

tions

tions

tions

( 1 ) Expressed in

Dry cleaning

20 g/kg

mass of solvent

emitted per kilogram

of product cleaned

and dried.

( 2 ) The emission

limit value in

regulation 6(8) does

not apply for this

activity.

100 ( 1 )

( 1 ) Emission limit

Wo o d

11 kg/

m 3

impregnation

value does not apply

for impregnation

(> 25)

with creosote.

85 g/m 2

Coating

of

10 -25

Emission

limit

leather

values are expressed

in grams of solvent

75 g/m 2

emitted pe r m 2 o f

(> 10)

> 25

product produced.

( 1 ) For leather

> 10 ( 1 )

150 g/

coating activities in

m 2

furnishing

and

particular leather

goods used as small

consumer goods like

bags, belts, wallets,

etc.

Footwear

25 g per

Total emission limit

manufacture

pair

value is expressed in

grams of solvent

(> 5)

emitted per pair of

complete footwear

produced.

30 g/m 2

Wo o d

and

plastic

lamination

(> 5)

50 ( 1 )

( 1 ) If techniques are

Adhesive

5 - 15

coating

used which allow

reuse of recovered

50 ( 1 )

(> 5)

> 15

solvent, the emission

limit value in waste

gases shall be 150.

Manufacture of

100 -

5% of solvent

The

fugitive

coating

1 000

input

emission limit value

mixture,

does not include

varnishes, inks

solvent sold as part

and adhesives

> 1 000

3% of solvent

of a coatings mixture

input

in a sealed container.

(> 100)

Activity

Fugitive emission

Threshold

Emission

(solvent

limit values

Total emission

(solvent

limit

consumption

(percentage of

limit values

consum-

values in

threshold in

solvent input)

ption

Special provisions

waste

tonnes/year)

threshold gases (mg New Existing New Existing

in tonnes/

C/Nm 3 ) installa installa- installa- installa-

year)

-tions

tions

tions

tions

20 ( 1 )

25 ( 2 )

( 1 ) If techniques are

Rubber

25% of solvent

conversion

input

used which allow

reuse of recovered

(> 15)

solvent, the emission

limit value in waste

gases shall be 150.

( 2 ) The fugitive

emission limit value

does not include

solvent sold as part

of products or

mixtures in a sealed

container.

( 1 ) Total emission

Veg e t a bl e o i l

Animal fat

and animal fat

1,5 kg/tonne

limit values for

extraction and

installations

Castor

vegetable oil

processing

3 kg/tonne

refining

individual batches of

Rape seed

activities

seeds and other

1 kg/tonne

vegetable matter

(> 10)

Sunflower seed: should be set by the

competent authority

1 kg/tonne

o n a c a s e -b y -c a s e

Soya beans

basis, applying the

(normal crush): b e s t

available

0,8 kg/tonne

techniques.

Soya beans (white 2

( ) Applies to all

flakes)

fractionation

1,2 kg/tonne

processes excluding

Other seeds and d e - g u m m i n g ( t h e

other vegetable r e m o v a l o f g u m s

matter

from the oil).

3 kg/tonne ( 1 )

( 3 ) Applies to de-

1,5 kg/tonne ( 2 ) gumming.

4 kg/tonne ( 3 )

20 ( 1 )

5 ( 2 )

15 ( 2 )

15% of ( 1 ) If techniques are

Manufactu-ring

5% of

of

phar-

solvent

solvent u s e d w h i c h a l l o w

maceutical

input

input reuse of recovered

products

solvent, the emission

limit value in waste

(> 50)

gases shall be 150.

( 2 ) The fugitive

emission limit value

does not include

solvent sold as part

of products or

mixtures in a sealed

container.

Schedule III

Emission limit values for installations of the vehicle coating industry

1. The total emission limit values are expressed in terms of grams of organic

solvent emitted in relation to the surface area of product in square metres and in

kilograms of organic solvent emitted in relation to the car body.

2. The surface area of any product dealt with in the table under point 3 is

defined as the surface area calculated from the total electrophoretic coating area, and

the surface area of any parts that might be added in successive phases of the coating

process which are coated with the same coatings as those used for the product in

question, or the total surface area of the product coated in the installation.

The surface of the electrophoretic coating area is calculated using the following

formula

2 × total weight of product shell

average thickness of metal sheet × density of metal sheet

This method shall also be applied for other coated parts made out of sheets.

Computer aided design or other equivalent methods shall be used to calculate the

surface area of the other parts added, or the total surface area coated in the

installation.

3. The total emission limit values in the table below refer to all process stages

carried out at the same installation from electrophoretic coating, or any other kind of

coating process, through to the final wax and polish of topcoating inclusive, as well

as solvent used in cleaning of process equipment, including spray booths and other

fixed equipment, both during and outside of production time.

Activity

Production threshold

Total emission limit value

(solvent consumption threshold in

(refers to annual

New

Existing

tonnes/year)

production of coated

installations installations

item)

45 g/m 2 or 60 g/m 2 or

Coating of new cars (> 15)

> 5 000

1,3 kg/body 1,9 kg/body

+ 33 g/m 2 + 41 g/m 2

90 g/m 2 or 90 g/m 2 or

≤ 5 000 monocoque or

> 3 500 chassis-built

1,5 kg/body 1,5 kg/body

+ 70 g/m 2 + 70 g/m 2

Total emission limit value

(g/m 2 )

Coating of new truck cabins (> 15) ≤ 5 000

> 5 000

Coating of new vans and trucks (> ≤ 2 500

15)

> 2 500

Coating of new buses (> 15)

≤ 2 000

> 2 000

4. Vehicle coating installations below the solvent consumption thresholds

mentioned in the table under point 3 shall meet the requirements for the vehicle

refinishing sector set out in Schedule II.

Schedule IV

Solvent management plan

1. Principles

The solvent management plan shall be used to

(a) verify compliance as specified in regulation 9;

(b) identify future reduction options;

(c) enable provision of information on solvent consumption, solvent

emissions and compliance with the requirements of these regulations to

the public.

2. Definitions

The following definitions provide a framework for the mass balance

Inputs of organic solvents (I)

The quantity of organic solvents or their quantity in mixtures purchased

which are used as input into the process in the time frame over which

the mass balance is being calculated.

The quantity of organic solvents or their quantity in mixtures recovered

and reused as solvent input into the process. The recycled solvent is

counted every time it is used to carry out the activity.

Outputs of organic solvents (O)

O1 Emissions in waste gases.

O2 Organic solvents lost in water, taking into account waste water

treatment when calculating O5.

O3 The quantity of organic solvents which remains as contamination or

residue in products output from the process.

O4 Uncaptured emissions of organic solvents into air. This includes the

general ventilation of rooms, where air is released to the outside

environment via windows, doors, vents and similar openings.

O5 Organic solvents and/or organic compounds lost due to chemical or

physical reactions (including those which are destroyed, by incineration

or other waste gas or waste water treatments, or captured, as long as

they are not counted under O6, O7 or O8).

O6 Organic solvents contained in collected waste.

O7 Organic solvents, or organic solvents contained in mixtures, which are

sold or are intended to be sold as a commercially valuable product.

O8 Organic solvents contained in mixtures recovered for reuse but not as

input into the process, as long as not counted under O7.

O9 Organic solvents released in other ways.

3. Use of the solvent management plan for verification of compliance.

The use made of the solvent management plan shall be determined by the

particular requirement which is to be verified, as follows

(a) verification of compliance with the reduction scheme as set out in

Schedule V, with a total emission limit value expressed in solvent

emissions per unit product, or otherwise stated in Schedules II and III

(i)

for all activities using the reduction scheme as set out in Schedule

V, the solvent management plan shall be drawn up annually to

determine the consumption (C). The consumption shall be

calculated according to the following equation

C = I1 − O8

A parallel exercise shall also be undertaken to determine solids

used in coating in order to derive the annual reference emission

and the target emission each year;

(ii) for assessing compliance with a total emission limit value

expressed in solvent emissions per unit product or otherwise

stated in Schedules II and III, the solvent management plan shall

be drawn up annually to determine the emissions (E). The

emissions shall be calculated according to the following equation

E = F + O1

Where F is the fugitive emission as defined in point (b)(i). The

emission figure shall then be divided by the relevant product

parameter.

(iii) for assessing compliance with the requirements of paragraph

(b)(ii) of regulation 6(5), the solvent management plan shall be

drawn up annually to determine total emissions from all activities

concerned, and that figure shall then be compared with the total

emissions that would have resulted had the requirements of

Schedules II, III and V been met for each activity separately.

(b) Determination of fugitive emissions for comparison with the fugitive

emission limit values in Schedule II

(i)

The fugitive emission shall be calculated according to one of the

following equations

F = I1 − O1 − O5 − O6 − O7 − O8

or

F = O2 + O3 + O4 + O9

F shall be determined either by direct measurement of the

quantities or by an equivalent method or calculation, for instance

by using the capture efficiency of the process.

The fugitive emission limit value is expressed as a proportion of

the input, which shall be calculated according to the following

equation

I = I1 + I2

(ii) Determination of fugitive emissions shall be done by a short but

comprehensive set of measurements and needs not be done again

until the equipment is modified.

Schedule V

Reduction Scheme

1. The operator may use any reduction scheme, specially designed for his

2. In the case of applying coatings, varnishes, adhesives or inks, the following

scheme can be used. Where the following method is inappropriate, the competent

authority may allow an operator to apply any alternative scheme achieving

equivalent emission reductions to those achieved if the emission limit values of

Schedules II and III were to be applied. The design of the scheme shall take into

account the following facts

(a) where substitutes containing little or no solvent are still under

development, a time extension shall be given to the operator to

implement his emission reduction plans;

(b) the reference point for emission reductions should correspond as closely

as possible to the emissions which would have resulted had no reduction

action been taken.

3. The following scheme shall operate for installations for which a constant

solid content of product can be assumed

(a)

The annual reference emission is calculated as follows

(i)

The total mass of solids in the quantity of coating and/or ink,

varnish or adhesive consumed in a year is determined. Solids are

all materials in coatings, inks, varnishes and adhesives that

become solid once the water or the volatile organic compounds

are evaporated.

(ii) The annual reference emissions are calculated by multiplying the

mass determined in (i) by the appropriate factor listed in the table

below. Competent authorities may adjust these factors for

individual installations to reflect documented increased efficiency

in the use of solids.

Activity

Multiplication factor

for use in item (a)(ii)

Rotogravure printing; flexography printing; 4

laminating as part of a printing activity;

varnishing as part of a printing activity; wood

coating; coating of textiles, fabric film or paper;

adhesive coating

Coil coating, vehicle refinishing

Food contact coating, aerospace coatings

2,33

Other coatings and rotary screen printing

1,5

(b) The target emission is equal to the annual reference emission multiplied

by a percentage equal to

(i)

(the fugitive emission limit value + 15), for installations falling

within item 6 and the lower threshold band of items 8 and 10 of

Schedule II,

(ii) (the fugitive emission limit value + 5) for all other installations.

(c) Compliance is achieved if the actual solvent emission determined from

the solvent management plan is less than or equal to the target emission.

Need to analyze how this provision applies to your matter?

Cross-reference this statute against case law, commentaries, and related legislative provisions inside Legislator AI.

Open in Legislator →