INDUSTRIAL EMISSIONS (WASTE INCINERATION) REGULATIONS (wasteincineration)

SUBSIDIARY LEGISLATION 549.81

INDUSTRIAL EMISSIONS

(WASTE INCINERATION) REGULATIONS

7th January, 2013 *

LEGAL NOTICE 14 of 2013.

The title of these regulations is the Industrial Emissions

(Waste Incineration) Regulations.

DEFINITIONS

For the purpose of these schedules the following definitions shall apply

(a) "existing waste incineration plant" means one of the following waste

incineration plants

(i)

which was in operation and had a permit in accordance with

applicable European Union law before 28 December 2002,

(ii) which was authorised or registered for waste incineration and had

a permit granted before 28 December 2002 in accordance with

applicable European Union law, provided that the plant was put

into operation no later than 28 December 2003,

(iii) which, in the view of the competent authority, was the subject of a

full request for authorisation before 28 December 2002, provided

that the plant was put into operation not later than 28 December

2004;

(b) "new waste incineration plant" means any waste incineration plant not

covered by point (a).

(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 waste incineration plants

and waste co-incineration plants which incinerate or co-incinerate

solid or liquid waste.

(4) These regulations shall not apply to gasification or

pyrolysis plants, if the gases resulting from this thermal treatment

of waste are purified to such an extent that they are no longer a

waste prior to their incineration and they can cause emissions no

higher than those resulting from the burning of natural gas.

(5) For the purposes of these regulations, waste incineration

plants and waste co-incineration plants shall include all

incineration lines or co-incineration lines, waste reception, storage,

on site pre-treatment facilities, waste-, fuel- and air-supply

systems, boilers, facilities for the treatment of waste gases, on-site

facilities for treatment or storage of residues and waste water,

stacks, devices and systems for controlling incineration or co-

incineration operations, recording and monitoring incineration or

co-incineration conditions.

(6) If processes other than oxidation, such as pyrolysis,

gasification or plasma process, are applied for the therm al

treatment of waste, the waste incineration plant or waste co-

incineration plant shall include both the thermal treatment process

and the subsequent incineration process.

(7) If waste co-incineration takes place in such a way that the

main purpose of the plant is not the generation of energy or

production of material products but rather the thermal treatment of

waste, the plant shall be regarded as a waste incineration plant.

AIR EMISSION LIMIT VALUES FOR WASTE INCINERATION PLANTS

1. All emission limit values shall be calculated at a temperature of 273.15 K, a

pressure of 101.3 kPa and after correcting for the water vapour content of the waste

They are standardised at 11% oxygen in waste gas except in case of incineration of

mineral waste oil as defined in regulation 4 the Waste Regulations (S.L. 549.63),

when they are standardised at 3% oxygen, and in the cases referred to in point 2.7 of

1.1. Daily average emission limit values for the following polluting substances

Gaseous and vaporous organic substances, expressed as total organic

Hydrogen chloride (HCl)

Hydrogen fluoride (HF)

Sulphur dioxide (SO 2 )

Nitrogen monoxide (NO) and nitrogen dioxide (NO 2 ), expressed as

NO 2 for existing waste incineration plants with a nominal capacity

exceeding 6 tonnes per hour or new waste incineration plants

Nitrogen monoxide (NO) and nitrogen dioxide (NO 2 ), expressed as

NO 2 for existing waste incineration plants with a nominal capacity of 6

tonnes per hour or less

1.2. Half-hourly average emission limit values for the following polluting

substances (mg/Nm³)

(100%) A (97%) B

Total dust

Gaseous and vaporous organic substances, expressed as

total organic carbon (TOC)

Hydrogen chloride (HCl)

Hydrogen fluoride (HF)

Sulphur dioxide (SO 2 )

Nitrogen monoxide (NO) and nitrogen dioxide (NO 2 ),

expressed as NO 2 for existing waste incineration plants

with a nominal capacity exceeding 6 tonnes per hour or

new waste incineration plants

1.3. Average emission limit values (mg/Nm³) for the following heavy metals

over a sampling period of a minimum of 30 minutes and a maximum of 8 hours

Cadmium and its compounds, expressed as cadmium (Cd)

Total: 0.05

Thallium and its compounds, expressed as thallium (Tl)

Mercury and its compounds, expressed as mercury (Hg)

0.05

Antimony and its compounds, expressed as antimony (Sb)

Total: 0.05

Arsenic and its compounds, expressed as arsenic (As)

Lead and its compounds, expressed as lead (Pb)

Chromium and its compounds, expressed as chromium (Cr)

Cobalt and its compounds, expressed as cobalt (Co)

Copper and its compounds, expressed as copper (Cu)

Manganese and its compounds, expressed as manganese (Mn)

Nickel and its compounds, expressed as nickel (Ni)

Vanadium and its compounds, expressed as vanadium (V)

These average values cover also the gaseous and the vapour forms of the relevant

heavy metal emissions as well as their compounds.

1.4. Average emission limits value (ng/Nm³) for dioxins and furans over a

sampling period of a minimum of 6 hours and a maximum of 8 hours. The emission

limit value refers to the total concentration of dioxins and furans calculated in

accordance with Schedule 1 of the Industrial Emissions (Framework) Regulations.

Dioxins and furans

0.1

1.5. Emission limit values (mg/Nm³) for carbon monoxide (CO) in the waste

gases

(a) 50 as daily average value;

(b) 100 as half-hourly average value;

(c) 150 as 10-minute average value.

The competent authority may authorise exemptions from the emission limit values

set out in this point for waste incineration plants using fluidised bed technology,

provided that the permit sets an emission limit value for carbon monoxide (CO) of

not more than 100 mg/Nm³ as an hourly average value.

2. Emission limit values applicable in the circumstances described in

regulation 7(6) and regulation 8.

The total dust concentration in the emissions into the air of a waste incineration

plant shall under no circumstances exceed 150 mg/Nm³ expressed as a half-hourly

average. The air emission limit values for TOC and CO set out in points 1.2 and

1.5(b) shall not be exceeded.

3. The competent authority may lay down rules governing the exemptions

provided for in this Schedule.

These regulations shall not apply to the following plants

(a) plants treating only the following wastes

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

INDUSTRIAL EMISSIONS (WASTE INCINERATION)

(i)

waste listed in the paragraph (b) of the definition

of biomass laid down in regulation 5 of the

Industrial Emissions (Framework) Regulations;

(ii) radioactive waste;

(iii) animal carcasses as regulated by Regulation

(EC) No 1774/2002 of the European Parliament

and of the Council of 3 October 2002 laying

down health rules concerning animal by-

products not intended for human consumption;

(iv) waste resulting from the exploration for, and the

exploitation of, oil and gas resources from off-

shore installations and incinerated on board the

installations;

(b) experimental plants used for research, development

and testing in order to improve the incineration

process and which treat less than 50 tonnes of waste

per year.

DETERMINATION OF AIR EMISSION LIMIT VALUES

FOR THE CO-INCINERATION OF WASTE

The following formula (mixing rule) shall be applied whenever a specific total

emission limit value ‘C’ has not been set out in a table in this Schedule.

The emission limit value for each relevant polluting substance and CO in the

waste gas resulting from the co-incineration of waste shall be calculated as follows

V waste  C waste + V proc C proc

= C

V waste + V proc

waste gas volume resulting from the incineration of waste only

determined from the waste with the lowest calorific value specified in

the permit and standardised at the conditions given by these

regulations.

If the resulting heat release from the incineration of hazardous waste

amounts to less than 10% of the total heat released in the plant, V waste

must be calculated from a (notional) quantity of waste that, being

incinerated, would equal 10% heat release, the total heat release being

fixed.

emission limit values for waste incineration plants set out in Schedule

2. waste gas volume resulting from the plant process including the

combustion of the authorised fuels normally used in the plant (wastes

excluded) determined on the basis of oxygen contents at which the

emissions must be standardised as set out in Union or national law. In

the absence of legislation for this kind of plant, the real oxygen

content in the waste gas without being thinned by addition of air

unnecessary for the process must be used.

emission limit values as set out in this Schedule for certain industrial

activities or in case of the absence of such values, emission limit

values of plants which comply with the national laws, regulations and

administrative provisions for such plants while burning the normally

authorised fuels (wastes excluded). In the absence of these measures

the emission limit values set out in the permit are used. In the absence

of such permit values the real mass concentrations are used.

total emission limit values at an oxygen content as set out in this

Schedule for certain industrial activities and certain polluting

substances or, in case of the absence of such values, total emission

limit values replacing the emission limit values as set out in specific

schedules of the Industrial Emissions (Integrated Pollution Prevention

and Control, IPPC) Regulations. The total oxygen content to replace

the oxygen content for the standardisation is calculated on the basis of

the content above respecting the partial volumes All emission limit

values shall be calculated at a temperature of 273.15 K, a pressure of

101.3 kPa and after correcting for the water vapour content of the

waste gases.

The competent authority may lay down rules governing the exemptions provided

for in this Schedule.

2. Special provisions for cement kilns co-incinerating waste.

2.1. The emission limit values set out in points 2.2 and 2.3 apply as daily average

values for total dust, HCl, HF, NO x , SO 2 and TOC (for continuous measurements),

as average values over the sampling period of a minimum of 30 minutes and a

maximum of 8 hours for heavy metals and as average values over the sampling

period of a minimum of 6 hours and a maximum of 8 hours for dioxins and furans.

All values are standardised at 10% oxygen.

Half-hourly average values shall only be needed in view of calculating the daily

average values.

2.2. C – total emission limit values (mg/Nm³ except for dioxins and furans) for

the following polluting substances

Polluting substance

C

Total dust

HCl

HF

NO x

500 (*)

Cd + Tl

Hg

0.05

Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V

0.05

Dioxins and furans (ng/Nm³)

0.5

(*)

Until 1 January 2016, the competent authority may authorise exemptions from the

limit value for NO x for Lepol kilns and long rotary kilns provided that the permit sets a total

emission limit value for NO x of not more than 800 mg/Nm³

2.3. C – total emission limit values (mg/Nm³) for SO 2 and TOC

Pollutant

C

SO 2

TOC

The competent authority may grant derogations for emission limit values set out in

this point in cases where TOC and SO 2 do not result from the co-incineration of

waste.

2.4. C- total emission limit values for CO

The competent authority may set emission limit values for CO.

3. Special provisions for combustion plants co-incinerating waste

3.1. C proc expressed as daily average values (mg/Nm³) valid until the date set out

in regulation 21(3).

For determining the total rated thermal input of the combustion plants, the

aggregation rules as defined in the definition of "combustion plant" in Regulation 2

of the Industrial Emissions (Large Combustion Plants) Regulations shall apply. Half-

hourly average values shall only be needed in view of calculating the daily average

values.

C proc for solid fuels with the exception of biomass (O 2 content 6%)

Polluting substance

< 50

50-100

100 to 300

> 300

MW Th

MW Th

MW Th

MW Th

SO 2

-

NO x

-

Dust

C proc for biomass (O 2 content 6%)

Polluting substance

< 50

50-100

100 to 300

> 300

MW Th

MW Th

MW Th

MW Th

SO 2

-

NO x

-

Dust

C proc for liquid fuels (O 2 content 3%)

Polluting substance

< 50

50-100

100 to 300

> 300

MW Th

MW Th

MW Th

MW Th

SO 2

-

400 to 200

(linear

decrease from

100 to 300

MW Th )

NO x

-

Dust

3.2. C proc expressed as daily average values (mg/Nm³) valid from the date set out

in regulation 21(4).

For determining the total rated thermal input of the combustion plants, the

aggregation rules as defined in the definition of "combustion plant" in Regulation 2

of the Industrial Emissions (Large Combustion Plants) Regulations shall apply. Half-

hourly average values shall only be needed in view of calculating the daily average

values.

3.2.1. C proc for combustion plants referred to in regulation 21(3)(a), with the

exception of gas turbines and gas engines

C proc for solid fuels with the exception of biomass (O 2 content 6%)

Polluting substance

< 50

50-100

100 to 300

> 300

MW Th

MW Th

MW Th

MW Th

SO 2

-

400 for peat

NO x

-

300 for

pulverised

lignite: 400

Dust

25 for peat: 20

C proc for biomass (O 2 content 6%)

Polluting substance

< 50

50-100

100 to 300

> 300

MW Th

MW Th

MW Th

MW Th

SO 2

-

NO x

-

Dust

C proc for liquid fuels (O 2 content 3%)

Polluting substance

< 50

50-100

100 to 300

> 300

MW Th

MW Th

MW Th

MW Th

SO 2

-

NO x

-

Dust

3.2.2 C proc for combustion plants referred to in regulation 21(3)(b), with the

exception of gas turbines and gas engines.

C proc for solid fuels with the exception of biomass (O 2 content 3%)

Polluting substance

< 50

50-100

100 to 300

> 300

MW Th

MW Th

MW Th

MW Th

SO 2

-

400 for peat

200 for peat

150 for

300, except in

circulating or

the case of

pressurised

fluidised bed

fluidised bed

combustion

combustion

or, in case of

peat firing, for

all fluidised

bed

combustion

NO x

-

300 for peat

150 for

pulverised

lignite

combustion

Dust

10 for peat: 20

C proc for biomass (O 2 content 6%)

Polluting substance

< 50

50-100

100 to 300

> 300

MW Th

MW Th

MW Th

MW Th

SO 2

-

NO x

-

Dust

C proc for liquid fuels (O 2 content 3%)

Polluting substance

< 50

50-100

100 to 300

> 300

MW Th

MW Th

MW Th

MW Th

SO 2

-

NO x

-

Dust

3.3. C - total emission limit values for heavy metals (mg/Nm³) expressed as

average values over the sampling period of a minimum of 30 minutes and a

maximum of 8 hours (O 2 content 6% for solid fuels and 3% for liquid fuels)

Polluting substances

C

Cd + Tl

0.05

Hg

0.05

Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V

0.5

3.4. C - total emission limit value (ng/Nm³) for dioxins and furans expressed as

average value measured over the sampling period of a minimum of 6 hours and a

maximum of 8 hours (O 2 content 6% for solid fuels and 3% for liquid fuels)

Polluting substance

C

Dioxins and furans

0.1

3. Special provisions for waste co-incineration plants in industrial sectors not

covered under points 2 and 3 of this Schedule.

4.1. C - total emission limit value (ng/Nm³) for dioxins and furans expressed as

average value measured over the sampling period of a minimum of 6 hours and a

maximum of 8 hours

Polluting substance

C

Dioxins and furans

0.1

4.2. C - total emission limit values (mg/Nm³) for heavy metals expressed as

average values over the sampling period of a minimum of 30 minutes and a

maximum of 8 hours

Polluting substances

C

Cd + Tl

0.5

Hg

0.5

For the purposes of these regulations, "residue" shall mean

any liquid or solid waste which is generated by a waste incineration

plant or waste co-incineration plant.

EMISSION LIMIT VALUES OR DISCHARGES OF WASTE WATER FROM THE

CLEANING OF WASTE GASES

Polluting substances

Emissions limit

values for

unfiltered

samples (mg/l

except for

dioxins and

furans)

1. Total suspended solids as defined in Annex I of Directive (95%) (100%)

91/271/EEC

2. Mercury and its compounds, expressed as mercury (Hg)

0.03

3. Cadmium and its compounds, expressed as cadmium

(Cd)

0.05

4. Thallium and its compounds, expressed as thallium (Tl)

0.05

5. Arsenic and its compounds, expressed as arsenic (As)

0.15

6. Lead and its compounds, expressed as lead (Pb)

0.2

7. Chromium and its compounds, expressed as chromium

(Cr)

0.5

8. Copper and its compounds, expressed as copper (Cu)

0.5

9. Nickel and its compounds, expressed as nickel (Ni)

0.5

10. Zinc and its compounds, expressed as zinc (Zn)

1.5

11. Dioxins and furans

0.3 ng/l

An application for a permit for a waste incineration plant

or waste co-incineration plant shall include a description of the

measures which are envisaged to guarantee that the following

requirements are met

(a) the plant is designed, equipped and will be maintained

and operated in such a manner that the requirements of

these regulations are met taking into account the

categories of waste to be incinerated or co-incinerated;

(b) the heat generated during the incineration and co-

incineration process is recovered as far as practicable

through the generation of heat, steam or power;

(c) the residues will be minimised in their amount and

harmfulness and recycled where appropriate;

(d) the disposal of the residues which cannot be prevented

reduced or recycled will be carried out in conformity

with national and European Union legislation.

MONITORING OF EMISSIONS

1. Measurement techniques

1.1. Measurements for the determination of concentrations of air and water

polluting substances shall be carried out representatively.

1.2. Sampling and analysis of all polluting substances including dioxins and

furans as well as the quality assurance of automated measuring systems and the

reference measurement methods to calibrate them shall be carried out according to

CEN-standards. If CEN standards are not available, ISO, national or other

international standards which ensure the provision of data of an equivalent scientific

quality shall apply. Automated measuring systems shall be subject to control by

means of parallel measurements with the reference methods at least once per year.

1.3. At the daily emission limit value level, the values of the 95% confidence

intervals of a single measured result shall not exceed the following percentages of

the emission limit values

Carbon monoxide

10%

Sulphur dioxide

20%

Nitrogen dioxide

20%

Total dust

30%

Total organic carbon

30%

Hydrogen chloride

40%

Hydrogen fluoride

40%

Periodic measurements of the emissions into air and water shall be carried out in

accordance with points 1.1 and 1.2.

2. Measurements relating to air polluting substances

2.1. The following measurements relating to air polluting substances shall be

carried out

(a) continuous measurements of the following substances: NOx, provided

that emission limit values are set, CO, total dust, TOC, HCl, HF, SO 2 ;

(b) continuous measurements of the following process operation

parameters: temperature near the inner wall or at another representative

point of the combustion chamber as authorised by the competent

authority, concentration of oxygen, pressure, temperature and water

vapour content of the waste gas;

(c) at least two measurements per year of heavy metals and dioxins and

furans; one measurement at least every 3 months shall, however, be

carried out for the first 12 months of operation.

2.2. The residence time as well as the minimum temperature and the oxygen

content of the waste gases shall be subject to appropriate verification, at least once

when the waste incineration plant or waste co-incineration plant is brought into

service and under the most unfavourable operating conditions anticipated.

2.3. The continuous measurement of HF may be omitted if treatment stages for

HCl are used which ensure that the emission limit value for HCl is not being

exceeded. In that case the emissions of HF shall be subject to periodic measurements

as laid down in point 2.1(c).

2.4. The continuous measurement of the water vapour content shall not be

required if the sampled waste gas is dried before the emissions are analysed.

2.5. The competent authority may decide not to require continuous measurements

for HCl, HF and SO 2 in waste incineration plants or waste co-incineration plants and

require periodic measurements as set out in point 2.1(c) or no measurements if the

operator can prove that the emissions of those pollutants can under no circumstances

be higher than the prescribed emission limit values.

The competent authority may decide not to require continuous measurements for

NO x and require periodic measurements as set out in point 2.1(c) in existing waste

incineration plants with a nominal capacity of less than 6 tonnes per hour or in

existing waste co-incineration plants with a nominal capacity of less than 6 tonnes

per hour if the operator can prove on the basis of information on the quality of the

waste concerned, the technologies used and the results of the monitoring of

emissions, that the emissions of NO x can under no circumstances be higher than the

prescribed emission limit value.

2.6. The competent authority may decide to require one measurement every 2

years for heavy metals and one measurement per year for dioxins and furans in the

following cases

(a) the emissions resulting from co-incineration or incineration of waste are

under all circumstances below 50% of the emission limit values;

(b) the waste to be co-incinerated or incinerated consists only of certain

sorted combustible fractions of non-hazardous waste not suitable for

recycling and presenting certain characteristics, and which is further

specified on the basis of the assessment referred to in point (c);

(c) the operator can prove on the basis of information on the quality of the

waste concerned and the monitoring of the emissions that the emissions

are under all circumstances significantly below the emission limit

values for heavy metals and dioxins and furans.

2.7. The results of the measurements shall be standardised using the standard

oxygen concentrations mentioned in Schedule 2 or calculated according to Schedule

3 and by applying the formula given in Schedule 6.

When waste is incinerated or co-incinerated in an oxygen-enriched atmosphere,

the results of the measurements can be standardised at an oxygen content laid down

by the competent authority reflecting the special circumstances of the individual

When the emissions of polluting substances are reduced by waste gas treatment in

a waste incineration plant or waste co-incineration plant treating hazardous waste,

the standardisation with respect to the oxygen contents provided for in the first

subparagraph shall be done only if the oxygen content measured over the same

period as for the polluting substance concerned exceeds the relevant standard

oxygen content.

3. Measurements relating to water polluting substances

3.1. The following measurements shall be carried out at the point of waste water

discharge

(a) continuous measurements of pH, temperature and flow;

(b) spot sample daily measurements of total suspended solids or

measurements of a flow proportional representative sample over a

period of 24 hours;

(c) at least monthly measurements of a flow proportional representative

sample of the discharge over a period of 24 hours of Hg, Cd, TI, As, Pb,

Cr, Cu, Ni and Zn;

(d) at least every 6 months measurements of dioxins and furans; however,

one measurement at least every 3 months shall be carried out for the

first 12 months of operation.

3.2. Where the waste water from the cleaning of waste gases is treated on site

collectively with other on-site sources of waste water, the operator shall take the

measurements

(a) on the waste water stream from the waste gas cleaning processes prior

to its input into the collective waste water treatment plant;

(b) on the other waste water stream or streams prior to its or their input into

the collective waste water treatment plant;

(c) at the point of final waste water discharge, after the treatment, from the

waste incineration plant or waste co-incineration plant.

(1)

The permit shall include the following

(a) a list of all types of waste which may be treated using

at least the types of waste set out in the European

Waste List established by Decision 2000/532/EC, if

possible, and containing information on the quantity of

each type of waste, where appropriate;

(b) the total waste incinerating or co-incinerating capacity

of the plant;

(c) the limit values for emissions into air and water;

(d) the requirements for the pH, temperature and flow of

waste water discharges;

(e) the

sampling

and

measurement

procedures

and

frequencies to be used to comply with the conditions

set for emission monitoring;

(f)

the maximum permissible period of any technically

unavoidable stoppages, disturbances, or failures of the

purification devices or the measurement devices,

during which the emissions into the air and the

discharges of waste water may exceed the prescribed

emission limit values.

(2) In addition to the requirements set out in sub-regulation (1),

the permit granted to a waste incineration plant or waste co-

incine ration p la nt us ing h aza rd o us w a s t e s h a l l i nc lu de t h e

following

(a) a list of the quantities of the different categories of

hazardous waste which may be treated;

(b) the minimum and maximum mass flows of those

hazardous wastes, their lowest and maximum calorific

values and their maximum contents of polychlorinated

biphenyls, pentachlorophenol, chlorine, fluorine,

sulphur, heavy metals and other polluting substances.

(3) The competent authority may list the categories of waste to

be included in the permit which can be co-incinerated in certain

categories of waste co-incineration plants.

(4) The competent authority shall periodically reconsider and

where necessary, update permit conditions.

FORMULA TO CALCULATE THE EMISSION CONCENTRATION AT THE

STANDARD PERCENTAGE OXYGEN CONCENTRATION

21 - O S



E M

21 - O M

E S = calculated emission concentration at the standard percentage oxygen

E M = measured emission concentration

O S = standard oxygen concentration

O M = measured oxygen concentration

(1) Waste gases from waste incineration plants and waste

co-incineration plants shall be discharged in a controlled way by

means of a stack the height of which is calculated in such a way as

to safeguard human health and the environment.

(2)

(a) Emissions into air from waste incineration plants and

waste co-incineration plants shall not exceed the

e m i s s i o n l im i t v a l u e s se t o u t i n S c h e d u l e 2 a n d

Schedule 3 or determined in accordance with Schedule

3. (b) If in a waste co-incineration plant more than 40% of

the resulting heat release comes from hazardous waste,

or the plant co-incinerates untreated mixed municipal

waste, the emission limit values set out in Schedule 2

shall apply.

(3) Discharges to the aquatic environment of waste water

resulting from the cleaning of waste gases shall be limited as far as

practicable and the concentrations of polluting substances shall not

exceed the emission limit values set out in Schedule 4.

(4)

(a) The emission limit values shall apply at the point

where waste waters from the cleaning of waste gases

are discharged from the waste incineration plant or

waste co-incineration plant.

(b) When waste waters from the cleaning of waste gases

are treated outside the waste incineration plant or

waste co-incineration plant at a treatment plant

INDUSTRIAL EMISSIONS (WASTE INCINERATION)

intended only for the treatment of this sort of waste

water, the emission limit values set out in Schedule 4

shall be applied at the point where the waste waters

leave the treatment plant. Where the waste water from

the cleaning of waste gases is treated collectively with

other sources of waste water, either on site or off site,

the operator shall make the appropriate mass balance

calculations, using the results of the measurements set

out in point 3 of Schedule 5 in order to determine the

emission levels in the final waste water discharge that

can be attributed to the waste water arising from the

cleaning of waste gases.

(c) Under no circumstances shall dilution of waste water

take place for the purpose of complying with the

emission limit values set out in Schedule 4.

(5)

(a) Waste incineration plant sites and waste co-

incineration plant sites, including associated storage

areas for waste, shall be designed and operated in such

a way as to prevent the unauthorised and accidental

release of any polluting substances into soil, surface

water and groundwater.

(b) Storage capacity shall be provided for contaminated

rainwater run-off from the waste incineration plant site

or waste co-incineration plant site or for contaminated

water arising from spillage or fire-fighting operations.

The storage capacity shall be adequate to ensure that

such waters can be tested and treated before discharge

where necessary.

(6)

(a) Without prejudice to regulation 11(4)(c), the waste

incineration plant or waste co-incineration plant or

individual furnaces being part of a waste incineration

plant or waste co-incineration plant shall under no

circumstances continue to incinerate waste for a period

of more than four hours uninterrupted where emission

limit values are exceeded.

(b) The cumulative duration of operation in such

conditions over one year shall not exceed sixty hours.

(c) The time limit set out in the paragraph (b) shall apply

to those furnaces which are linked to one single waste

gas cleaning device.

ASSESSMENT OF COMPLIANCE WITH EMISSION LIMIT VALUES

1. Air emission limit values

1.1. The emission limit values for air shall be regarded as being complied with

(a) none of the daily average values exceeds any of the emission limit

values set out in point 1.1 of Schedule 2 or in Schedule 3 or calculated

in accordance with Schedule 3;

(b) either none of the half-hourly average values exceeds any of the

emission limit values set out in column A of the table under point 1.2 of

Schedule 2 or, where relevant, 97% of the half-hourly average values

over the year do not exceed any of the emission limit values set out in

column B of the table under point 1.2 of Schedule 2;

(c) none of the average values over the sampling period set out for heavy

metals and dioxins and furans exceeds the emission limit values set out

in points 1.3 and 1.4 of Schedule 2 or in Schedule 3 or calculated in

accordance with Schedule 3;

(d) for carbon monoxide (CO)

(i)

in case of waste incineration plants

- at least 97% of the daily average values over the year do not

exceed the emission limit value set out in point 1.5(a) of

Schedule 2; and,

- at least 95% of all 10-minute average values taken in any 24-

hour period or all of the half-hourly average values taken in

the same period do not exceed the emission limit values set

out in points 1.5(b) and (c) of Schedule 2; in case of waste

incineration plants in which the gas resulting from the

incineration process is raised to a temperature of at least 1

100°C for at least two seconds, the competent authority may

apply an evaluation period of 7 days for the 10-minute

average values;

(ii) in case of waste co-incineration plants: the provisions of Schedule

3 are met.

1.2. The half-hourly average values and the 10-minute averages shall be

determined within the effective operating time (excluding the start-up and shut-down

periods if no waste is being incinerated) from the measured values after having

subtracted the value of the confidence interval specified in point 1.3 of Schedule 5.

The daily average values shall be determined from those validated average values.

To obtain a valid daily average value no more than five half-hourly average values

in any day shall be discarded due to malfunction or maintenance of the continuous

measurement system. No more than ten daily average values per year shall be

discarded due to malfunction or maintenance of the continuous measurement system.

1.3. The average values over the sampling period and the average values in the

case of periodical measurements of HF, HCl and SO 2 shall be determined in

accordance with the requirements of regulation 6(1)(e), regulation 9(3) and point 1

of Schedule 5.

2. Water emission limit values

The emission limit values for water shall be regarded as being complied with if

(a) for total suspended solids 95% and 100% of the measured values do not

exceed the respective emission limit values as set out in Schedule 4;

(b) for heavy metals (Hg, Cd, TI, As, Pb, Cr, Cu, Ni and Zn) no more than

one measurement per year exceeds the emission limit values set out in

Part 5; or, if the competent authority provides for more than 20 samples

per year, no more than 5% of these samples exceed the emission limit

values set out in Schedule 4;

(c) for dioxins and furans, the measurement results do not exceed the

emission limit value set out in Schedule 4.

In the case of a breakdown, the operator shall

(a) reduce or close down operations as soon as practicable

until normal operations can be restored;

(b) notify the competent authority immediately.

(1) The competent authority shall ensure that the

monitoring of emissions is carried out in accordance with Schedule

5 and Schedule 6.

(2) The installation and functioning of the automated

measuring systems shall be subject to control and to annual

surveillance tests as set out in point 1 of Schedule 5.

(3) The competent authority shall determine the location of the

sampling or measurement points to be used for monitoring of

emissions.

(4) All monitoring results shall be 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.

The emission limit values for air and water shall be

regarded as being complied with if the conditions described in

Schedule 7 are fulfilled.

(1) Waste incineration plants shall be operated in such a

way as to achieve a level of incineration such that the total organic

carbon content of slag and bottom ashes is less than 3% or their

loss on ignition is less than 5% of the dry weight of the material. If

necessary, waste pre-treatment techniques shall be used.

(2)

(a) Waste incineration plants shall be designed, equipped,

built and operated in such a way that the gas resulting

from the incineration of waste is raised, after the last

in j e c t io n o f c o m b us ti o n a i r, i n a c o n t r ol l e d a nd

homogeneous fashion and even under the most

unfavourable conditions, to a temperature of at least

850°C for at least two seconds.

(b) Waste co-incineration plants shall be designed,

equipped, built and operated in such a way that the gas

resulting from the co-incineration of waste is raised in

a controlled and homogeneous fashion and even under

the most unfavourable conditions, to a temperature of

at least 850°C for at least two seconds.

(c) If hazardous waste with a content of more than 1% of

halogenated organic substances, expressed as chlorine,

is incinerated or co-incinerated, the temperature

required to comply with the first and second

subparagraphs shall be at least 1 100°C.

(d) In waste incineration plants, the temperatures set out

in paragraphs (a) and (c) shall be measured near the

inner wall of the combustion chamber. The competent

authority may authorise the measurements at another

representative point of the combustion chamber.

(3)

(a) Each combustion chamber of a waste incineration plant

shall be equipped with at least one auxiliary burner.

This burner shall be switched on automatically when

the temperature of the combustion gases after the last

injection of combustion air falls below the

temperatures set out in subregulation (2). It shall also

be used during plant start-up and shut-down operations

in order to ensure that those temperatures are

maintained at all times during these operations and as

long as unburned waste is in the combustion chamber.

(b) The auxiliary burner shall not be fed with fuels which

can cause higher emissions than those resulting from

the burning of gas oil as defined in regulation 2(1) of

the Quality of Fuels Regulations, as may be amended

from time to time, relating to a reduction in the

sulphur content of certain liquid fuels, liquefied gas or

natural gas.

(4) Waste incineration plants and waste co-incineration plants

shall operate an automatic system to prevent waste feed in the

following situations

(a) at start-up, until the temperature set out in sub-

regulation (2) or the temperature specified in

accordance with regulation 12(1) has been reached;

(b) whenever the temperature set out in sub-regulation (2)

or the temperature specified in accordance with

regulation 12(1) is not maintained;

(c) whenever the continuous measurements show that any

emission limit value is exceeded due to disturbances or

failures of the waste gas cleaning devices.

(5) Any heat generated by waste incineration plants or waste

co-incineration plants shall be recovered as far as practicable.

(6) Infectious clinical waste shall be placed straight in the

furnace, without first being mixed with other categories of waste

and without direct handling.

(7) The competent authority shall ensure that the waste

incineration plant or waste co-incineration plant is operated and

controlled by a natural person who is competent to manage the

plant.

(1) Conditions different from those laid down in

regulation 11(1), (2) and (3) and, as regards the temperature,

regulation 11(4) and specified in the permit for certain categories

of waste or for certain thermal processes, may be authorised by the

competent authority provided the other requirements of these

regulations are met. The competent authority may lay down rules

governing these authorisations.

(2) For waste incineration plants, the change of the operating

conditions shall not cause more residues or residues with a higher

content of organic polluting substances compared to those residues

which could be expected under the conditions laid down in

regulation 11(1), (2) and (3).

(3)

(a) Emissions of total organic carbon and carbon

monoxide from waste co-incineration plants,

authorised to change operating conditions according to

sub-regulation (1) shall also comply with the emission

limit values set out in Schedule 2.

(b) Emissions of total organic carbon from bark boilers

within the pulp and paper industry co-incinerating

waste at the place of its production which were in

operation and had a permit before 28 December 2002

and which are authorised to change operating

conditions according to sub-regulation (1) shall also

comply with the emission limit values set out in

Schedule 2.

(1) The operator of the waste incineration plant or waste

co-incineration plant shall take all necessary precautions

concerning the delivery and reception of waste in order to prevent

or to limit as far as practicable the pollution of air, soil, surface

water and groundwater as well as other negative effects on the

environment, odours and noise, and direct risks to human health.

(2) The operator shall determine the mass of each type of

waste, if possible according to the European Waste List established

by Decision 2000/532/EC, prior to accepting the waste at the waste

incineration plant or waste co-incineration plant.

(3) Prior to accepting hazardous waste at the waste incineration

plant or waste co-incineration plant, the operator shall collect

available information about the waste for the purpose of verifying

compliance with the permit requirements specified in regulation

6(2).

That information shall cover the following

(a) all the administrative information on the generating

process contained in the documents mentioned in

subregulation (4)(a);

(b) the physical, and as far as practicable, chemical

composition of the waste and all other information

necessary to evaluate its suitability for the intended

incineration process;

(c) the hazardous characteristics of the waste, the

substances with which it cannot be mixed, and the

precautions to be taken in handling the waste.

(4) Prior to accepting hazardous waste at the waste incineration

plant or waste co-incineration plant, at l east the following

procedures shall be carried out by the operator

(a) the checking of the documents required by the Waste

Regulations, as may be amended from time to time,

and, where applicable, those required by Regulation

(EC) No 1013/2006 of the European Parliament and of

the Council of 14 June 2006 on shipments of waste and

by legislation on transport of dangerous goods;

(b) the taking of representative samples, unless

inappropriate as far as possible before unloading, to

verify conformity with the information provided for in

sub-regulation (3) by carrying out controls and to

enable the competent authorities to identify the nature

of the wastes treated.

The samples referred to in paragraph (b) shall be kept for at least

one month after the incineration or co-incineration of the waste

concerned.

(5) The competent authority may grant exemptions from

subregulations (2), (3) and (4) to waste incineration plants or waste

co-incineration plants which are a part of an installation covered by

the Industrial Emissions (Integrated Pollution Prevention and

Control) Regulations, and only incinerate or co-incinerate waste

generated within that installation.

(1) Residues shall be minimised in their amount and

harmfulness. Residues shall be recycled, where appropriate,

directly in the plant or outside.

(2) Transport and intermediate storage of dry residues in the

form of dust shall take place in such a way as to prevent dispersal

of those residues in the environment.

(3) Prior to determining the routes for the disposal or recycling

of the residues, appropriate tests shall be carried out to establish

the physical and chemical characteristics and the polluting

potential of the residues. Those tests shall concern the total soluble

fraction and heavy metals soluble fraction.

A change of operation of a waste incineration plant or a

waste co-incineration plant treating only non-hazardous waste in an

installation covered by the Industrial Emissions (Integrated

Pollution Prevention and Control) Regulations, which involves the

incineration or co-incineration of hazardous waste shall be

regarded as a substantial change.

(1) Applications for new permits for waste incineration

plants and waste co-incineration plants shall be made available to

the public at one or more locations for an appropriate period to

enable the public to comment on the applications before the

competent authority reaches a decision. That decision, including at

least a copy of the permit, and any subsequent updates, shall also

be made available to the public.

(2) For waste incineration plants or waste co-incineration

plants with a nominal capacity of 2 tonnes or more per hour, the

information in the report referred to in Article 72 of Directive

2010/75/EU, which shall include information on the functioning

and monitoring of the plant and give account of the running of the

incineration or co-incineration process and the level of emissions

into air and water in comparison with the emission limit values,

shall be made available to the public.

(3) A list of waste incineration plants or waste co-incineration

plants with a nominal capacity of less than 2 tonnes per hour shall

be drawn up b y the com petent authority and shall be m ade

available to the public.

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).

(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 activity referred to point 5.2

in Schedule 1 of the Industrial Emissions (Integrated Pollution

Prevention and Control) Regulations, 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.

(3) In relation to combustion plants which co-incinerate waste,

point 3.1 of Schedule 3 shall apply until

(a) 31 December 2015, for combustion plants which have

been granted a permit before 7 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 7

January 2014;

(b) 6 January 2013, for combustion plants not covered by

paragraph (a).

(4) Point 3.2 of Schedule 3 shall apply in relation to

combustion plants which co-incinerate waste, as from

(a) 1 January 2016, for combustion plants which have

been granted a permit before 7 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 7

January 2014;

(b) 7 January 2013, for combustion plants not covered by

paragraph (a).