COMBATING OF AIR POLLUTION FROM INDUSTRIAL PLANTS REGULATIONS

SUBSIDIARY LEGISLATION 549.08

COMBATING OF AIR POLLUTION FROM

INDUSTRIAL PLANTS REGULATIONS

28th June, 2002

LEGAL NOTICE 211 of 2001, as amended by Legal Notice 426 of 2007.

The title of these regulations is the Combating of Air

Pollution from Industrial Plants Regulations.

For the purpose of these regulations and unless the context

otherwise requires

"air pollution" means the introduction by man, directly or

indirectly, of substances or energy into the air resulting in

deleterious effects of such a nature as to endanger human health,

harm living resources and ecosystems and material property and

impair or interfere with amenities and other legitimate uses of the

environment;

"air quality limit values" means the concentration of polluting

substances in the air during a specified period which is not to be

exceeded;

"competent authority" means the Department for Environment

Protection under the guidance of the Director for Environment

Protection and such other body or person as the Minister

responsible for the Environment may by order in the Gazette

prescribe and different bodies or persons may be designated as a

competent authority for different provisions and different purposes

of these regulations;

"emission limit values" means the concentration or mass of

polluting substances in emissions from plants during a specified

period which is not to be exceeded;

"existing plant" means a plant in operation before 1st January,

1987 or built or authorized before such date;

"plant" means any establishment or other stationary plant used

for industrial or public utility purposes which is likely to cause air

pollution.

(1) The competent authority shall ensure that the operation

of plants belonging to the categories listed in Annex I requires prior

authorization by the said competent authority.

(2) Any operator of a plant which belong to the categories

listed in Annex I or which, as a result of the alteration, will fall

within those categories shall require authorisation from the

competent authority.

(3) The competent authority may require other categories of

plants to operate with a licence.

A licence may be issued only when the competent authority

is satisfied that

(a) all appropriate preventive measures against air

pollution have been taken, including the application of

the best available technology, provided that the

application of such measures does not entail excessive

costs;

(b) the use of the plant shall not cause significant air

pollution particularly from the emission of substances

referred to in Annex II;

(c) none of the emission limit values applicable shall be

exceeded;

(d) all the air quality limit values applicable shall be taken

into account.

The competent authority may

(a) define particularly polluted areas for which emission

limit values more stringent than those referred to in

regulation 4 may be fixed,

(b) define areas to be specially protected for which air

quality limit values and emission limit values more

stringent than those referred to in regulation 4 may be

fixed;

(c) decide that, within the above mentioned areas,

specified categories of plants set out in Annex I may

not be built or operated unless special conditions are

complied with.

Applications for authorization shall include a description

of the plant containing the necessary information for the purposes

of the the decision whether to grant authorization in accordance

with regulations 3 and 4.

(1) The competent authority shall take the necessary

measures to ensure that applications for a licence and its decisions

are made available to the public concerned at such reasonable time

as it may determine.

(2) Subregulation (1) shall apply without prejudice to specific

provisions concerning the assessment of the environmental effects

of public and private projects and subject to observance of the

provisions regarding commercial secrecy.

The competent authority shall ensure that plant emissions

shall be determined for the purpose of monitoring compliance with

the obligations referred to in regulation 4. The determination

methods shall be approved by the competent authority.

The competent authority shall ensure that existing plants

belonging to the categories given in Annex I adopt the best

available technology, taking into account in particular

(a) the plant’s technical characteristics,

(b) its rate of utilization and length of its remaining life,

(c) the nature and volume of polluting emissions from it,

(d) the desirability of not entailing excessive costs for the

plant concerned, having regard in particular to the

economic situation of undertakings belonging to the

category in question.

These regulations shall not apply to industrial plants

serving national defence purposes.

A fee of one thousand and one hundred and sixty-four euro

and sixty-nine cents (€1,164.69) shall be paid to the competent

authority together with an application for a licence to operate a

Any person shall be guilty of an offence under these

regulations if

(a) he fails to apply for a licence under regulation 3, to

operate a plant and such plant is operational, or he

fails to comply with any provision of these regulations

or with any order lawfully given in terms of any

provision of these regulations; or

(b) he contravenes any restriction, prohibition or

requirement imposed by or under these regulations; or

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

these regulations; or

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

person by whatever means, including advertising,

counselling or procurement to contravene the

provisions of these regulations or to fail to comply

with any such provisions, including any order lawfully

given in terms of any of the provision of these

regulations, or to contravene any restriction,

prohibition or requirement imposed by or under the

said regulations.

Any person who commits an offence against these

regulations shall, on conviction, be liable

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

one thousand and one hundred and sixty-four euro and

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

thousand and three hundred and twenty-nine euro and

thirty-seven cents (€2,329.37);

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

(multa) of not less than two thousand and three

hundred and twenty-nine euro and thirty-seven cents

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

hundred and fifty-eight euro and seventy-five cents

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

exceeding two years, or to both such fine and

imprisonment

Provided that whenever any person is found guilty of

committing an offence under these regulations by means of a

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

liable in the same manner and degree

Provided further that the court shall order any person who

has been found guilty of committing an offence against these

regulations to pay for the expenses incurred by the public entities

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

implementation of these regulations and restitution of the

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

permit issued by the Police and the confiscation of the corpus

delicti.

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

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

offences against these regulations, so however that the

disqualification from holding or obtain a licence, permit or

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

(2) Notwithstanding the provisions of article 370 of the

Criminal Code, proceedings for an offence against these

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

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

in accordance with the provisions of the Criminal Code regulating

the procedure before the said courts as courts of criminal

judicature.

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

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

Criminal Appeal from any judgement given by the Court of

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

of proceedings for any offence against these regulations.

Annexes I and II to these regulations are being published in

the English language with the English text of these regulations.

COMBATING OF AIR POLLUTION FROM INDUSTRIAL PLANTS

ANNEX I

CATEGORIES OF PLANTS ( * ) (covered by Regulation 3)

1. Energy industry

1.1. Coke ovens

1.2. Oil refineries (excluding undertakings manufacturing only lubricants from

crude oil)

1.3. Coal gasification and liquefaction plants

1.4. Thermal power stations (excluding nuclear power stations) and other

combustion installations with a nominal heat output of more than 50 MW.

2. Production and processing of metals

2.1. Roasting and sintering plants with a capacity of more than 1 000 tonnes of

metal ore per year

2.2. Integrated plants for the production of pig iron and crude steel

2.3. Ferrous metal foundries having melting installations with a total capacity of

over 5 tonnes

2.4. Plants for the production and melting of non-ferrous metals having

installations with a total capacity of over 1 tonne for heavy metals or 0,5 tonne for

light metals.

3. Manufacture of non-metallic mineral products

3.1. Plants for the production of cement and rotary kiln lime production

3.2. Plants for the production and processing of asbestos and manufacture of

asbestos-based products

3.3. Plants for the manufacture of glass fibre or mineral fibre

3.4. Plants for the production of glass (ordinary and special) with a capacity of

more than 5 000 tonnes per year

3.5. Plants for the manufacture of coarse ceramics notably refractory bricks,

stoneware pipes, facing and floor bricks and roof tiles.

4. Chemical industry

4.1. Chemical plants for the production of olefins, derivatives of olefms,

monomers and polymers

4.2. Chemical plants for the manufacture of other organic intermediate products

4.3. Plants for the manufacture of basic inorganic chemicals.

5. Waste disposal

5.1. Plants for the disposal of toxic and dangerous waste by incineration

5.2. Plants for the treatment by incineration of other solid and liquid waste.

6. Other industries

Plants for the manufacture of paper pulp by chemical methods with a

production capacity of 25 000 tonnes or more per year

*The thresholds given in this Annex refer to production capacities.

ANNEX II

LIST OF MOST IMPORTANT POLLUTING SUBSTANCES

(within the meaning of Regulation 4 (b))

1. Sulphur dioxide and other sulphur compounds

2. Oxides of nitrogen and other nitrogen compounds

3. Carbon monoxide

4. Organic compounds, in particular hydrocarbons (except methane)

5. Heavy metals and their compounds

6. Dust; asbestos (suspended particulates and fibres), glass and mineral fibres

7. Chlorine and its compounds

8. Fluorine and its compounds