INDUSTRIAL EMISSIONS (TITANIUM DIOXIDE) REGULATIONS (titaniumdioxide)

SUBSIDIARY LEGISLATION 549.80

INDUSTRIAL EMISSIONS (TITANIUM DIOXIDE)

REGULATIONS

7th January, 2013 *

LEGAL NOTICE 13 of 2013.

The title of these regulations is the Industrial Emissions

(Titanium Dioxide) Regulations.

EMISSION LIMIT VALUES FOR EMISSIONS INTO WATER

1. In case of installations using the sulphate process (as an annual average)

550 kg of sulphate per tonne of titanium dioxide produced.

2. In case of installations using the chloride process (as an annual average)

(a) 130 kg chloride per tonne of titanium dioxide produced using neutral

rutile,

(b) 228 kg chloride per tonne of titanium dioxide produced using synthetic

rutile,

(c) 330 kg chloride per tonne of titanium dioxide produced using slag.

Installations discharging into salt water (estuarine, coastal, open sea)

may be subject to an emission limit value of 450 kg chloride per tonne

of titanium dioxide produced using slag.

3. For installations using the chloride process and using more than one type of

ore, the emission limit values in point 2 shall apply in proportion to the quantity of

the ores used.

(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 shall apply to installations producing

titanium dioxide.

EMISSION LIMIT VALUES INTO AIR

1. The emission limit values which are expressed as concentrations in mass per

cubic meter (Nm 3 ) shall be calculated at a temperature of 273.15 K, and a pressure

of 101.3 kPa.

For dust: 50 mg/Nm 3 as an hourly average from major sources and 150 mg/

2. Nm 3 as an hourly average from any other source.

3. For gaseous sulphur dioxide and trioxide discharged from digestion and

calcination, including acid droplets calculated as SO 2 equivalent

(a) 6 kg per tonne of titanium dioxide produced as an annual average;

(b) 500 mg/Nm 3 as an hourly average for plants for the concentration of

waste acid.

4. For chlorine in the case of installations using the chloride process

(a) 5 mg/Nm 3 as a daily average;

(b) 40 mg/Nm 3 at any time.

The disposal of the following waste into any water body,

sea or ocean shall be prohibited

(a) solid waste;

(b) the mother liquors arising from the filtration phase

following hydrolysis of the titanyl sulphate solution

from installations applying the sulphate process;

including the acid waste associated with such liquors,

containing overall more than 0.5% free sulphuric acid

and various heavy metals and including such mother

liquors which have been diluted until they contain

0.5% or less free sulphuric acid;

(c) waste from installations applying the chloride process

containing more than 0.5% free hydrochloric acid and

various heavy metals, including such waste which has

been diluted until it contains 0.5% or less free

hydrochloric acid;

(d) filtration salts, sludges and liquid waste arising from

the treatment (concentration or neutralisation) of the

waste mentioned under paragraphs (b) and (c) and

containing various heavy metals, but not including

neutralised and filtered or decanted waste containing

only traces of heavy metals and which, before any

dilution, has a pH value above 5.5.

EMISSION MONITORING

The monitoring of emissions into air shall include at least the continuous

monitoring of

(a) gaseous sulphur dioxide and trioxide discharged from digestion and

calcination from plants for the concentration of waste acid in

INDUSTRIAL EMISSIONS (TITANIUM DIOXIDE)

installations using the sulphate process;

(b) chlorine from major sources within installations using the chloride

process;

(c) dust from major sources.

Emissions from installations into water shall not exceed

the emission limit values set out in Schedule 1.

(1) The emission of acid droplets from

installations shall be prevented.

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

(2) Emissions into air from installations shall not exceed the

emission limit values set out in Schedule 2.

(1) The operator shall monitor the emissions into water in

order to enable the competent authority to verify compliance with

the permit conditions and regulation 4.

(2) The operator shall monitor the emissions into air in order to

enable the competent authority to verify compliance with the

permit conditions and regulation 5. Such monitoring shall include

at least monitoring of emissions as set out in Schedule 3.

(3) Monitoring shall be carried out in accordance with CEN

standards or, if CEN standards are not available, ISO, national or

other international standards which ensure the provision of data of

an equivalent scientific quality.

Any person shall be guilty of an offence under these

regulations if

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

regulations or fails to comply with permit conditions

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 or to fail to comply with any such

provisions, including any order lawfully given in

terms of any of the provisions of these regulations, or

to contravene any restriction, prohibition or

requirement imposed by or under the said regulations.

Any person who commits an offence against these

regulations shall, on conviction, be liable

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

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 may 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 mentioned in these regulations 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.

(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 obtaining a licence, permit or

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

(2) Notwithstanding the provisions of article 370 of the

C r i m i n a l C o d e , p r o c e e d i n g s f o r a n o ff e n c e a g a i n s t t h e s e

regulations shall be held 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.

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

2001.

(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 the Industrial Emissions (Integrated Pollution

Prevention and Control) Regulations, 2013, which are not covered

by subregulation (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.