S.I. No. 273/1992 - Air Pollution Act, 1987 (Combustion Plant) Regulations, 1992.

S.I. No. 273 of 1992.

AIR POLLUTION ACT, 1987 (COMBUSTION PLANT) REGULATIONS, 1992.

In exercise of the powers conferred on the Minister for the Environment by sections 5 , 10 , 30 , 31 , 33 , 51 and 54 of the Air Pollution Act, 1987 (No. 6 of 1987), which said powers are delegated to me by the Environment (Delegation of Ministerial Functions) Order, 1992 ( S.I. No. 136 of 1992 ), and for the purposes of giving effect to provisions of the Council Directive of the 24th day of November, 1988, No. 88/609/EEC,^* I, MARY HARNEY, Minister of State at the Department of the Environment, hereby make the following Regulations:—

1. (1) These Regulations may be cited as the Air Pollution Act, 1987 (Combustion Plant) Regulations, 1992.

(2) These Regulations shall come into operation on the 1st day of October, 1992.

2. (1) In these Regulations:—

( a ) any reference to an article or schedule which is not otherwise identified is a reference to an article or schedule of these Regulations;

( b ) any reference to a sub-article or paragraph which is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs.

(2) In these Regulations:—

"the Act" means the Air Pollution Act, 1987 (No. 6 of 1987);

"combustion plant" means any industrial plant in which fuels are oxidised in order to use the heat thus generated for the production of energy, other than such plant which makes direct use of the products of combustion in a manufacturing process or which is powered by a petrol, diesel or gas engine or by a gas turbine;

^*O.J. No. L336/1 of 7 December, 1988.

"fuel" means any solid, liquid or gaseous combustible material used to fire a combustion plant, other than domestic refuse and toxic or dangerous waste;

"multi-fuel firing unit" means any new combustion plant which may be fired by two or more types of fuel, alternately or simultaneously;

"new combustion plant" means, subject to article 3, any combustion plant the nominal heat output of which exceeds 50 megawatts (MW) and for which a licence or a revised licence under Part III of the Act falls to be considered on or after the date of the coming into operation of these Regulations;

"rate of desulphurisation" means the ratio of the quantity of sulphur which is separated out at the combustion plant site over a given period by processes especially designed for such purpose to the quantity of sulphur contained in the fuel which is introduced into the combustion plant facilities and is used in the combustion plant over the same period;

"rated thermal input" means the operating thermal input of a plant designated by the manufacturer of the plant;

"waste gases" means gaseous discharges containing solid, liquid or gaseous emissions.

3. (1) Where two or more new industrial plants are installed in such a way that, taking technical and economic factors into account, their waste gases could, in the opinion of the local authority, be discharged through a common stack, the combination formed by such plants shall be regarded as a single plant for the purposes of these Regulations.

(2) Where a licence or a revised licence for an industrial plant, which is a combustion plant, falls to be considered because of

( a ) a proposed alteration to, or reconstruction of, the plant, or

( b ) a proposed alteration in the processes being carried out in the plant,

which would add at least 50 MW rated thermal input to the capacity of the plant, the emission limit values relating to the new part or process of the combustion plant shall be determined in accordance with article 4 as if the relevant rated thermal input was the total rated thermal input envisaged for the plant upon completion of the alteration or reconstruction.

4. (1) The following emission limit values for new combustion plant are hereby specified:

( a ) the emission limit value relating to sulphur dioxide shall, in the case of a plant using solid fuel, be as set out in the First Schedule,

( b ) the emission limit value relating to sulphur dioxide shall, in the case of a plant using liquid fuel, be as set out in the Second Schedule,

( c ) the emission limit value relating to sulphur dioxide shall, in the case of a plant using gaseous fuel, be as set out in the Third Schedule,

( d ) the emission limit value relating to oxides of nitrogen shall be as set out in the Fourth Schedule,

( e ) the emission limit value relating to dust shall be as set out in the Fifth Schedule.

(2) The emission limit values specified in sub-article (1) shall be calculated in terms of mass per volume of the waste gases expressed in mg/Nm³ assuming an oxygen content by volume in the waste gas of 3% in the case of liquid and gaseous fuels and 6% in the case of solid fuels.

5. It is hereby directed that the best practicable means for preventing or limiting emissions of sulphur dioxide, oxides of nitrogen and dust from new combustion plant and from material alterations to existing plant shall include the following:

( a ) the discharge of waste gases from the plant in a controlled fashion by means of a stack, designed particularly with regard to height, so as to safeguard health and the environment,

( b ) the occupier monitoring emissions in accordance with the procedures specified in the Seventh Schedule, and by means which correspond to the best industrial measurement technology available and which provide reproducible and comparable results, where such "means" include measuring methods, equipment, instruments and the provision, operation and maintenance of such equipment or instruments,

( c ) the occupier ensuring that continuously-operating measuring systems are checked at regular intervals in consultation with the local authority and that measuring equipment is calibrated in accordance with a reference measuring method approved of by the local authority,

( d ) as soon as practicable following a malfunction or breakdown of emission abatement equipment, the occupier taking all necessary steps to repair or replace this equipment, and until then, unless the local authority are satisfied that the continued operation of the plant is essential to maintain electricity supplies, the occupier with the approval of the local authority either

(i) reducing or closing down operations until normal functioning can be restored, or

(ii) operating the plant on low polluting fuels.

6. (1) Notwithstanding article 4 (1) (a), in the case of a new combustion plant with a rated thermal input equal to or greater than 400 MW which is not operated for more than 2200 hours per year, calculated on a rolling average basis over a period of 5 years, the emission limit value relating to sulphur dioxide shall be 800mg/Nm³.

(2) The emission limit values specified in the First Schedule shall not apply in the case of a new combustion plant which is designed to use indigenous solid fuel where such use would not permit compliance with these emission limit values without the employment of excessively expensive technology, provided that, as a condition of the licence under Part III of the Act, the plant is required to achieve, at a minimum, the appropriate rate of desulphurisation specified in the Sixth Schedule by reference to the rated thermal input of the plant.

7. (1) Notwithstanding article 4, where two or more fuels are used simultaneously in a multi-fuel firing unit the emission limit values for the new combusion plant concerned shall be determined as specified in the Eighth Schedule.

(2) Notwithstanding sub-article (1), in the case of a multi-fuel firing unit in a refinery in which the distillation and conversion residues from the refining of crude oils will be used alone or simultaneously with other fuels, the emission limit values for the new combustion plant concerned shall be as specified in the Ninth Schedule.

(3) In the case of a multi-fuel firing unit involving the alternate use of two or more fuels, the emission limit values as specified in the First, Second, Third, Fourth and Fifth Schedules shall apply in relation to each such fuel.

FIRST SCHEDULE

Emission Limit Values for Sulphur Dioxide: solid fuel

SECOND SCHEDULE

Emission Limit Values for Sulphur Dioxide: liquid fuel

THIRD SCHEDULE

Emission Limit Values for Sulphur Dioxide: gaseous fuel

FOURTH SCHEDULE

Emission Limit Values for Oxides of Nitrogen

FIFTH SCHEDULE

Emission Limit Values for Dust

SIXTH SCHEDULE

Rate of Desulphurisation

*Where it is the rated thermal input of the plant expressed as megawatts (MW).

SEVENTH SCHEDULE

Procedures for monitoring, evaluation and determining emissions

1. Concentrations of sulphur dioxide, oxides of nitrogen, dust and oxygen shall be measured continuously in the case of emissions from new combustion plant with a rated thermal input of more than 300MW. However, subject to verification and approval by the local authority, monitoring of sulphur dioxide and dust in the case of such plants may be carried out by way of discontinuous measurements or other determination procedures where such measurements or procedures can be used to obtain concentrations.

2. In the case of new combustion plant with a rated thermal input of 300MW or less, concentrations of sulphur dioxide, oxides of nitrogen, dust and oxygen shall be measured continuously by the occupier if required to do so by the local authority but, where such is not required, discontinuous measurements or other determination procedures as agreed with the local authority must be used regularly to evaluate the quantity of the above-mentioned substances in emissions.

3. The sulphur content of the fuel used shall be regularly monitored in the case of new combustion plants including those which must comply with the rates of desulphurisation referred to in Article 6 (2).

4. The volumetric flow rates of waste gases shall be expressed in cubic metres per hour at standard temperature (273K) and pressure (101.3 kPa) after correction for the water vapour content.

5. In order to determine total annual emissions of sulphur dioxide and oxides of nitrogen, the occupier shall, where continuous measurement is used, add up separately for each pollutant the mass of pollutant emitted each day on the basis of the volumetric flow rates of waste gases. Where continuous measurement is not used, estimates of the total annual emissions shall be prepared by the occupier to the satisfaction of the local authority on the basis of the discontinuous measurements or other determination procedures used.

6. The occupier shall keep and supply to the local authority such details of the monitoring and of the means used for monitoring as the local authority consider necessary (including details relating to performance criteria for measuring, calibration and data-handling equipment or methods); in particular, the occupier shall supply, on an annual basis, to the local authority details of the total annual emissions of sulphur dioxide and oxides of nitrogen and details of the concentrations of these pollutants in waste gases, determined in accordance with the procedures specified in this Schedule, within a period not exceeding 3 months from the end of the calendar year to which the measurements refer.

7. In order that the local authority may decide whether any changes or adaptations are required in monitoring or in the means used for monitoring or in the mode of operation of the plant as a result of any substantial changes in the type of fuel used therein, the occupier shall inform the local authority as soon as any such change is made.

8. The occupier shall inform the local authority immediately whenever a malfunction or breakdown occurs in the emission abatement equipment installed for the purposes of ensuring compliance with an emission limit value.

9. (1) Where measurements are carried out on a continuous basis, the emission limit values set out in a licence shall be deemed to have been complied with if the results for operating hours within a calendar year indicate that none of the calendar monthly mean values exceeds the said emission limit values and 97% of all the 48 hourly mean values for emissions of sulphur dioxide and dust and 95% of all the 48 hourly mean values for emissions of oxides of nitrogen do not exceed 110% of the respective emission limit values.

(2) Where discontinuous measurements or other appropriate determination procedures are carried out, the emission limit values specified in these Regulations shall be deemed to have been complied with if the results of each of the series of measurements or other procedures do not exceed the said emission limit values.

(3) Where rates of desulphurisation apply to a combusion plant pursuant to article 6 (2) the respective rates shall be deemed to have been complied with if the evaluation of the results of measurements or other determination procedures indicates that either each calendar monthly mean value or the mean of the monthly values over the period of operation of the plant achieves the rate of desulphurisation applying to the plant.

(4) The periods during which a plant starts up or is shut down shall be disregarded.

EIGHTH SCHEDULE

Determination of emission limit values: multi-fuel firing units using two or more fuels simultaneously

1. Determine the emission limit values for sulphur dioxide, oxides of nitrogen and dust in respect of each individual fuel in accordance with the First, Second or Third Schedules and the Fourth and Fifth Schedules to these Regulations, as appropriate.

2. Multiply each such emission limit value by the thermal input of the fuel with which it is associated.

3. Divide each resulting product by the sum of the thermal inputs delivered by all the fuels.

4. Aggregate the resulting fuel-weighted emission limit values.

NINTH SCHEDULE

Determination of emission limit values: multi-fuel firing units using distillation and conversion residues from crude oil refining, alone or with other fuels

1. Where the fuel with the highest emission limit value (hereinafter referred to as the determinative fuel) contributes at least 50% to the sum of the thermal inputs delivered by all fuels used in the plant the emission limit value in respect of that fuel determined in accordance with the First, Second or Third Schedule and the Fourth and Fifth Schedules to these Regulations by reference to the nature of the fuel shall be the appropriate emission limit value.

2. Where the fuel with the highest emission limit value contributes less than 50% to the sum of the thermal inputs delivered by all fuels used in the plant the emission limit value shall be determined as follows—

(i) determine the emission values for sulphur dioxide, oxides of nitrogen and dust in respect of each individual fuel in accordance with the First, Second or Third Schedule and the Fourth and Fifth Schedules of these Regulations, as appropriate.

(ii) calculate the emission limit value of the determinative fuel (in the case of two fuels having the same emission limit values, the fuel with the higher thermal input being the determinative fuel) by:

( a ) multiplying the individual emission limit for that fuel by two,

( b ) subtracting from that product the individual emission limit value for the fuel with the lowest emission limit value,

(iii) multiply the result of (ii) (b) by the thermal input of the determinative fuel,

(iv) multiply the other individual emission limit values by the thermal input delivered by their associated fuel,

(v) divide each product of (iv) by the sum of the thermal inputs delivered by all the fuels, and

(vi) aggregate the individual results of (v) to obtain the fuel-weighted emission limit value.

DATED this 28th day of September, 1992.

MARY HARNEY,

Minister of State at the Department of

the Environment.

EXPLANATORY NOTE.

These Regulations prescribe emission limit values relating to sulphur dioxide, nitrogen oxides and dust for certain combustion plants in accordance with Directive 88/609/EEC on the limitation of emissions of certain pollutants from such plants.

The Regulations also give directions as to the best practicable means for limiting the emissions concerned and specify procedures for monitoring, evaluating and determining emissions.