Decree No. 352 / 2002 Coll.
Government regulation setting emission limits and other conditions for the operation of combustion stationary sources of air pollution
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Regulation
Effective from 14.08.2002
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14.08.2002
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352
GOVERNMENT REGULATION
of 3 July 2002
setting emission limits and other conditions for the operation of combustion stationary air pollution sources
The Government mandates pursuant to § 55 (1) of Act No. 86 / 2002 Coll., on Air Protection and on the amendment of certain other laws (Air Protection Act) ("the Act '):
INTRODUCTORY PROVISIONS
Subject matter
(1) This Regulation lays down specific emission limits, the procedure for applying the general emission limits, the permissible darkness of smoke and the conditions for operating combustion stationary sources of air pollution, in accordance with European Community law (1).
(2) This Regulation shall not apply to combustion stationary sources consisting of plants
(a) in which the gases are used for direct heating, drying, burning or other heat treatment of articles or materials, in particular heating furnaces or heat treatment furnaces, for which the pollutants resulting from the combustion of fuels are transported together with the pollutants emitted by the technological process;
(b) for additional combustion intended for the treatment of waste gases by incineration which are not operated as independent combustion plants;
(c) for the regeneration of catalysts;
(d) for the processing of sulphate into sulphur;
(e) reactors used in the chemical industry;
(f) for heating coke-oven batteries;
(g) intended exclusively for the incineration of waste;
(h) blast furnace heaters;
(i) gas turbines located on platforms.
Basic concepts
For the purposes of this Regulation:
(a) an internal combustion source of air pollution - equipment or a set of combustion process plants in which fuels are oxidized for the use of released heat (hereinafter referred to as the source). The sources include combustion engines and gas turbines which are not part of the mobile sources of air pollution pursuant to Section 4 (2) of the Act,
(b) combustion process plant - any further indivisible technical installation in which fuel is oxidized for heat production (hereinafter referred to as "equipment"),
(c) combustion - a technological process in which fuel is oxidized to obtain heat. The combustion shall also include the technological operations related to it, where they are carried out directly at the source of the pollution in which the combustion takes place, in particular the treatment of fuel, the capture of pollutants, the discharge of waste gases into the air, measurement and regulation,
(d) co-incineration of fuel - a process in which several types of fuels are fired simultaneously or alternately in an installation;
(e) fuel - solid, liquid or gaseous flammable material intended for combustion in sources of pollution in order to obtain its energy content meeting the requirements of the specific legislation, 2)
(f) biomass - plant material which can be used as a fuel for the purpose of utilizing its energy content, if it comes from agriculture, forestry or the food industry, from the production of raw pulp and from the production of paper from pulp, from the processing of cork, from the processing of wood with the exception of wood waste which contains halogenated organic compounds or heavy metals as a result of treatment with wood or coating substances, and wood waste from construction;
(g) an existing particularly large source - the source referred to in § 54 (7) of the Act,
(h) a new particularly large source - the source referred to in § 54 (8) of the Act;
(i) a particularly large source committed by its operator to attenuation by a procedure approved by the air protection authority - an existing or new particularly large source fulfilling the attenuation plan for the operation of the source referred to in point (n);
(j) a future new particularly large source - a source or plant for which the requirements laid down in Section 54 (6) of the Act are met and for which a building permit will be issued after 1 January 2003 or will be put into service after 27 November 2003;
(k) waste gas - gas containing pollutants that is removed or that is released into the outdoor atmosphere from sources of pollution, in particular combustion, waste air, gases at the outlet of an emission capture device;
(l) desulphurisation degree - the ratio of the sulphur mass separated at the site of the installation in a given period of time to the sulphur mass contained in the fuel introduced into the installation and burned in the same period of time,
m) gas turbine - any rotary machine that transforms kinetic energy into mechanical work, including a compressor and a device in which fuel is oxidized to heat the working medium;
(n) the reduction plan for the operation of an existing particularly large source to be attenuated by the Delegated Authority (hereinafter referred to as the "Regional Authority") - the approved plan related to the whole source, accompanied by a binding written declaration by the operator and submitted by the Czech Environmental Inspection Office (hereinafter referred to as the "Inspection") no later than 30 June 2004, with a commitment that it will not operate the source for more than 20 000 hours between 1 January 2008 and 31 December 2015;
(o) failure of the source - derogation resulting from a technical defect as described in the technical operational parameters set and technical organisational measures to ensure the operation of the source (hereinafter referred to as the "operating rules") pursuant to Section 11 (2) of the Act, including the deadline for its removal, in which emission limits cannot be complied with as a result of its removal;
(p) emission limit on inorganic oxygen compounds of sulphur - emission limit on the quantity of inorganic oxygen compounds of sulphur expressed as sulphur dioxide, 3)
(r) emission limit of inorganic oxygen compounds of nitrogen - emission limit on the quantities of nitric oxide and nitrogen dioxide expressed as nitrogen dioxide.
CHAPTER 1 1 - TOTAL
Emission limits
(1) The emission limits for particularly large sources determined according to the rated heat input of the source for sulphur dioxide, nitrogen oxides and solid pollutants are contained in Annex 1 to this Regulation.
(2) The emission limits for particularly large sources established for carbon monoxide are set out in Annex 2 to this Regulation.
Increase in thermal power
When extending a source by at least 50 MW of thermal input, or if the source operator plans to change operations which, according to the inspection's findings, could have significant adverse effects on human health or the environment, the regional authority shall set in the terms of § 17 (8) of the Act an emission limit for the new or changed part according to the rated thermal input of the entire source in accordance with the terms and requirements of § 54 (6), (7) or (8) of the Act.
Range of pollutants monitored
For particularly large sources, measurements of emissions are made.
(a) solid pollutants, sulphur dioxide, nitrogen oxides expressed as nitrogen dioxide, carbon monoxide;
(b) gaseous inorganic chlorine compounds expressed as hydrogen chloride, gaseous inorganic fluorine compounds expressed as hydrogen fluoride; and
(c) other pollutants in accordance with the specific legislation.3)
Detection of pollutants
(1) For sources with a rated heat output of 150 MW or more, emissions of pollutants shall be determined in accordance with Section 5 (a) by continuous measurement.
(2) For particularly large sources or installations, with a rated thermal input of less than 100 MW, emissions of pollutants referred to in Article 5 (a) shall be measured by means of one-off measurements of procedures complying with the requirements of the Special Legislation (3) for each installation pursuant to Article 9 (2) of the Law, twice per calendar year in the interval between measurements of not less than 3 months.
(3) The detection of pollutants by continuous measurement shall be carried out on each installation, subject to the conditions of Section 9 (2) of the Act, by technical means complying with the requirements of the Specific Legislation. 3)
(4) In the case of sources or installations, the measurement of emissions of solid pollutants shall not be carried out when it comes to plants burning exclusively natural gas and sulphur dioxide emissions when it is a gas or liquid fuel combustion plant, provided that the fuel supplier guarantees a constant sulphur content of the fuel at a level such that the combustion does not exceed the emission limit. In such cases, the emission factors values set out in Annex 5 to this Regulation shall be used to determine emissions.
(5) The emissions of pollutants referred to in Article 5 (b) and (c) shall be determined by means of one-off measurements at the normal operating power of the source by procedures complying with the requirements of the specific legislation3) for each installation pursuant to Article 9 (2) of the Act, after the initial entry into service of the source or after any substitution of fuel or raw material or after any significant and sustained interference in the design or equipment of the source, within 6 months of the creation of one of the above elements and every 3 calendar years thereafter.
(6) A source operator subject to an obligation to ensure continuous emission measurement pursuant to Article 11 (1) (j) of the Act shall demonstrate compliance with the emission limits set out in Annexes 1 and 2 to this Regulation by meeting the following conditions during the calendar year of operation of the installation:
(a) the annual average daily mean values are below the emission limit;
(b) 95% of all 30-minute mean values are less than 120% of the emission limit;
(c) all 30-minute mean values are less than twice the emission limit value; and
(d) none of the calendar monthly mean values shall exceed the emission limit and for sulphur dioxide and solid pollutants 97% and for nitrogen oxides 95% of all 48-hour mean values shall not exceed 110% of the emission limit. Forty-eight-hour mean means the arithmetic mean of two consecutive daily mean values. For the calculation of the 48-hour mean, daily mean values shall be used starting on 1 January and ending on 31 December of the calendar year, each daily mean being used only once for the calculation. Lonely daily averages during the year shall not be added to calculate the forty-eight-hour mean.
The values relevant for assessing compliance with the emission limit shall not include data found at the time the source equipment is put into service, at the time it is shut down or at the time of removal of the failure or accident. 3) The length of the permissible duration of these stocks shall be governed by the operating rules.
(7) Where only one-off measurements are required, the results of one-off measurements shall be processed in such a way that they can be compared to emission limits. The source's ability to comply with the emission limit shall be demonstrated if the average of the individual measurements of the concentration of the pollutant over the whole measurement, calculated in accordance with specific legislation, 3) is less than or equal to the emission limit, and at the same time each value of the determined concentration of the individual measurement of the pollutant is less than 120% of the emission limit.
(8) The desulphurisation levels required in Annex 3 to this Regulation shall be deemed to have been met if the evaluation of the measurements carried out shows that all mean desulphurisation levels for the calendar month have reached the required degree.
(9) Emission limits shall be deemed to have been met for future new resources installations if no valid daily average exceeds the emission limits set out in Annexes 1 and 2 to this Regulation and 95% of the hourly averages in force exceed 200% of the emission limits set out in Annexes 1 and 2 to this Regulation.
(10) The average values in force shall be determined in accordance with the procedure laid down in the specific legislation.3)
(11) Where emission limits for sulphur dioxide or organic substances are not set at source, operators shall determine the amount of emissions by calculating the emission factors listed in Annex 5 to this Regulation.
Emission reduction plan for existing particularly large sources
Emission reduction plans pursuant to Section 54 (7) of the Act for existing particularly large sources shall be processed for nitrogen oxides, sulphur dioxide and solid pollutants for the sources listed in Annex 1 to this Regulation which were in operation in 2000. The principles for developing a reduction plan for an existing particularly large source are set out in Annex 8 to this Regulation.
GENERAL AND MEDIUM-BALANCE RESOURCES
Emission limits
(1) The emission limits for large and medium-sized sources, determined according to the rated heat output of the source for sulphur dioxide, nitrogen oxides, solid pollutants and carbon monoxide, are set out in Annex 4 to this Regulation.
(2) If used oils whose co-incineration is permitted under § 17 (2) (c) or (f) of the Act are burned in large-scale plants, the emission limits laid down in the special legislation.4)
Detection of pollutants
(1) The detection of pollutants shall be carried out on each installation, subject to the conditions of Section 9 (2) of the Act, by procedures complying with the requirements of the Special Legislation (3).
(2) Compliance with emission limits shall be checked by one-off measurements for large and medium-sized sources, unless the operator has an obligation to measure continuously. The emission limits set out in Annex 4 to this Regulation shall be deemed to be met if the mean of all individual measurements does not exceed the emission limit and at the same time each value of the determined concentration of the individual measurement of the pollutant is less than 120% of the emission limit.
(3) For large sources, the emissions of solid pollutants, sulphur dioxide, carbon monoxide and oxygen content shall be determined by means of one-off measurement procedures (3) for each installation, once per calendar year, not earlier than 6 months after the date of the previous measurement, and after each replacement of fuel, after any significant and permanent intervention in the design or installation of a source which could lead to a change in emissions within 3 months of the occurrence of any of those changes.
(4) For medium-sized sources, the emissions of solid pollutants, sulphur dioxide, nitrogen oxides expressed as nitrogen dioxide, carbon monoxide and oxygen content shall be determined by means of one-off measurements, not earlier than 18 months after the date of the previous measurement, and after each substitution of fuel, or after any significant and sustained interference in the construction or installation of a source that could lead to a change in emissions within 3 months of the occurrence of any of those changes, for plants burning solid, liquid or gaseous fuels with a rated heat output equal to or greater than 1 MW.
(5) For medium-sized sources with a rated heat output of up to 1 MW, one-off measurements shall be made once every 5 calendar years, not earlier than 30 months after the date of the previous measurement, and after each replacement of fuel and after any significant and permanent intervention in the design or equipment of the source which could lead to a change in emissions within 3 months of the occurrence of any of those changes.
(6) In the case of sources, the measurement of solid pollutants shall not be carried out if the sources burning exclusively gaseous fuel and sulphur dioxide, if the fuel supplier guarantees a constant sulphur content of the fuel at a level such that the combustion does not exceed the emission limit. In such cases, the emission factors values set out in Annex 5 to this Regulation shall be used to determine emissions.
(7) Where emission limits for sulphur dioxide or organic substances are not set at source, operators shall determine the amount of emissions by calculating the emission factors listed in Annex 5 to this Regulation.
(8) Single measurement may be replaced by continuous measurement.
DETERMINATION OF EMPLOYED SUBSTANCES AND EFFICIENCY OF THE IMPLEMENTATION OF SMALL RESOURCES
Detection of pollutants for small sources
For small sources, a one-off measurement of the efficiency of combustion, measurement of the quantity of discharges and control of the state of the combustion plants shall be carried out in accordance with the procedure set out in Annex 7 to this Regulation.
Burning efficiency
A small source shall be operated with the required fuel burning efficiency and the permitted carbon monoxide concentration in the flue gas set out in Annex 7 to this Regulation.
FINAL PROVISIONS
Procedure for establishing general emission limits for sources
If, for a given pollutant or a specified group of substances, a specific emission limit is not set at source and the definition of the pollutants or their designated groups is made to meet the general emission limits provided for in Article 9 (4) of the Act, the regional authority shall provide for:
(a) the general emission limits of substances whose emissions can be demonstrated at source and which have a significant impact on the air quality at the source site, in particular in the area covered by Article 7 (1) of the Act;
(b) the general emission limits of other substances on the basis of its own assessment, which it will justify in its decision;
(c) the general emission limit for odoriferous substances and the permissible darkness of smoke.
Common provisions
(1) Equipment operated only in a situation of extreme emergency or for a period not exceeding 700 hours in a calendar year and pre-identified and registered by inspection for such applications need not be equipped with continuous measurement.
(2) Waste gases shall be emitted into the atmosphere, where technically possible, by a chimney, the height of which shall be calculated in accordance with the procedure laid down in the specific legislation5) so as to protect human health and the environment.
(3) For a source in which several types of fuels are fired simultaneously, the emission limits shall be calculated as set out in Annex 6 to this Regulation. Burning multiple types of fuels is not considered to be a flame stabilization.
Transitional provisions
(1) If the operator of an existing particularly large source provides the competent authority with a declaration by 30 July 2004 that it will not operate that source for more than 20 000 hours between 1 January 2008 and 31 December 2015 and if the source is not part of the National Emission Reduction Programme from existing particularly large sources, compliance with the emission limits set out in Annex 1 to this Regulation as applicable to existing particularly large sources shall not be required for that source as from 1 January 2008. The operator shall submit annually to the county authority and inspection information on the operational time used and unused. The emission limits set for this resource for the period before 31 December 2007 are not affected by this.
(2) The operators of sources subject to the measurement obligation under Article 11 (1) (c) of the Act will carry out the first single emission measurement
(a) for particularly large resources, within 6 months of the date of entry into force of this Regulation;
(b) for large resources within 1 calendar year of the last measurement;
(c) for medium-sized sources with a rated heat output of 1 to 5 MW including within 3 calendar years of the last measurement; operators who made the last measurement before 1 June 1999 shall carry out the measurement by 1 June 2003,
(d) for medium-sized sources of rated heat output up to 1 MW within 5 calendar years of the last measurement; operators who made the last measurement before 1 June 1999 shall carry out the measurement by 1 June 2003.
(3) For existing particularly large sources whose rated thermal input is 400 MW or more and which are not operating more than 2000 hours per year (moving average over 5 years), an emission limit for sulphur dioxide emissions of 800 mg.m-3 shall apply until 31 December 2015. From 1 January 2016, installations with a sulphur dioxide emission limit of 800 mg.m-3 shall be operated no more than 1500 hours a year.
(4) Assessment of continuous measurement is carried out
(a) for existing particularly large sources and for new particularly large sources with a rated thermal input greater than or equal to 150 MW in accordance with the procedure laid down in Article 6 (6);
(b) for existing particularly large sources and for new particularly large sources with a rated thermal input greater than or equal to 100 MW in accordance with the procedure laid down in Article 6 (6) as from 1 January 2005; and
(c) for future new particularly large sources with a rated thermal input greater than or equal to 100 MW in accordance with the procedure laid down in Article 6 (9) as from 1 January 2004.
(5) For sources with a rated thermal input of 100 MW or more not covered by Article 6 (1) put into service as from 27 November 2003, the emissions of substances referred to in Article 5 (a) shall be measured continuously.
(6) For sources with a rated thermal input of 100 MW or more not covered by Paragraph 6 (1) and paragraph 5, the emissions of substances referred to in Article 5 (a) shall be measured continuously as from 1 January 2005.
(7) From 1 January 2003, the source operator shall record separately each emission of the measured pollutant for each day.
Efficacy
This Regulation shall enter into force on the day of its publication.
Prime Minister:
Ing. Zeman v. r.
Minister of Environment:
RNDr. Kužvart v. r.
Příloha č. 1
Annex No 1 to Government Decree No 352 / 2002 Coll.
Emission limits for particularly large combustion sources of sulphur dioxide (SO2), nitrogen oxides (NOx) and solid pollutants
1. Emission limits for sulphur dioxide
Emission limits for SO2 for solid fuels
A. Emission limits for individual installations of existing sources according to § 2 (g) burning solid fuels expressed in mg / m3 (oxygen content 6%) relative to normal state conditions and dry gas.
| Jmenovitý tepelný výkon | do 50 MW | 50 – 300 MW | > 300 MW |
|---|---|---|---|
| Fluidní topeniště | 800 | 500 | 500 |
| Ostatní topeništěx) | 2500 | 1700 | 500 |
x) whether or not granular or grate boilers with associated fluidised reactors, their combination with fluidised fireplaces or the reconstruction of these boilers using elements of fluid technology
Note
1. These emission limits apply to installations of existing sources for which an original (first - applies in other cases) construction permit before 1 July 1987 and relate to the heat output of individual installations.
2. As of 1 January 2008, existing sources have to comply with the emission reduction plan at source as part of the National Emission Reduction Programme for existing particularly large combustion sources under Section 54 (7) of the Act. The measures provided for in the plan include the emission ceilings set by the air protection authority, which are based on the limits referred to in point B and are determined in accordance with the procedure set out in Section 54 (7) of the Act. The emission limits of each installation in this case relate to the heat input of the entire source.
3. Resource operators that received authorisation before 1 July 1987 may request by 30 June 2004 at the latest the competent authority to be allowed to operate the source no more than 20 000 hours from 1 January 2008 to 31 December 2015 without meeting the emission limits referred to in point B.
B. Emission limits for solid fuels burned in new sources pursuant to § 2 (h), expressed in mg / m3 (oxygen content 6%) relative to normal state conditions and dry gas.
| Jmenovitý tepelný příkon | 50 až 100 MW | 100 až 500 MW | > 500 MW |
|---|---|---|---|
| Limit | 2000 | 2000 – 400 s lineárním poklesem* | 400 |
* thermal input (P in MWt) emission limit (EL in mg / m3)
EL = 2400 - 4P
Note
The emission limit values for each installation for which a building permit was issued after 1 July 1987 relate to the total heat input of a particularly large source.
C. Emission limits for solid fuels for future new sources according to § 2 (b). (j) expressed in mg / m3 (oxygen content 6%) relative to normal state conditions and dry gas.
| Druh paliva | 50 – 100 MW | 100 – 300 MW | > 300 MW |
|---|---|---|---|
| 200 | 200 | 200 | |
| Ostatní tuhá | 850 | 200 | 200 |
Note
The emission limit values for each installation refer to the total heat input of a particularly large source.
Emission limits for SO2 for liquid fuels
A. Emission limits for individual installations of existing sources according to § 2 (g) burning liquid fuels expressed in mg / m3 (oxygen content of 3%) relative to normal state conditions and dry gas.
| Jmenovitý tepelný výkon | Do 50 MW | 50 – 300 MW | > 300 MW |
|---|---|---|---|
| Emisní limit | (není stanoven) | 1700 | 500 |
Note
1. These emission limits apply to installations of existing sources for which an original building permit was issued before 1 July 1987 and relate to the heat output of individual installations.
2. As of 1 January 2008, existing sources have to comply with the emission reduction plan at source as part of the National Emission Reduction Programme for existing particularly large combustion sources under Section 54 (7) of the Act. The measures provided for in the plan include the emission ceilings set by the air protection authority, which are based on the limits referred to in point B and are determined in accordance with the procedure set out in Section 54 (7) of the Act. The emission limits of each installation in this case relate to the heat input of the entire source.
3. Resource operators that received authorisation before 1 July 1987 may request by 30 June 2004 at the latest the competent authority to be allowed to operate the source no more than 20 000 hours from 1 January 2008 to 31 December 2015 without meeting the emission limits referred to in point B.
B. Emission limits for liquid fuels fired in new sources pursuant to § 2 (h) expressed in mg / m3 (oxygen content 3%) relative to normal state conditions and dry gas.
| Jmenovitý tepelný příkon | 50 – 300 MW | 300 – 500 MW | > 500 MW |
|---|---|---|---|
| Emisní limit | 1700 | 1700 – 400* (s lineárním poklesem) | 400 |
* thermal input (P in MWt) emission limit (EL in mg / m3)
EL = 3650 - 6,5 P
Note
The emission limit values for each installation for which a building permit was issued after 1 July 1987 relate to the total heat input of a particularly large source.
C. Emission limits for liquid fuels for future new sources according to § 2 (b). (j) expressed in mg / m3 (oxygen content 3%) relative to normal state conditions and dry gas.
| Jmenovitý tepelný příkon | 50 – 100 MW | 100 – 300 MW | > 300 MW |
|---|---|---|---|
| Emisní limit | 850 | 400 – 200* (s lineárním poklesem) | 200 |
* thermal input (P in MWt) emission limit (EL in mg / m3)
EL = 500 - P
Note
The emission limit values for each installation refer to the total heat input of a particularly large source.
Emission limits for SO2 for gaseous fuels
A. Emission limits for individual installations of existing sources according to § 2 (g) burning gaseous fuels expressed in mg / m3 (oxygen content 3%) relative to normal state conditions and dry gas.
| Plynná | 35 |
| Pro plynná distribučních sítí a koksárenský plyn | 900 |
| Zkapalněný plyn | (limit nestanoven) |
Note
1. These emission limits apply to installations of existing sources for which an original building permit was issued before 1 July 1987 and relate to the heat output of individual installations.
2. As of 1 January 2008, existing sources have to comply with the emission reduction plan at source as part of the National Emission Reduction Programme for existing particularly large combustion sources under Section 54 (7) of the Act. The measures provided for in the plan include the emission ceilings set by the air protection authority, which are based on the limits referred to in point B and are determined in accordance with the procedure set out in Section 54 (7) of the Act. The emission limits of each installation in this case relate to the heat input of the entire source.
3. Resource operators that received authorisation before 1 July 1987 may request by 30 June 2004 at the latest the competent authority to be allowed to operate the source no more than 20 000 hours from 1 January 2008 to 31 December 2015 without meeting the emission limits referred to in point B.
B. Emission limits for gaseous fuels fired in new sources pursuant to § 2 (h), expressed in mg / m3 (oxygen content 3%), relative to normal state conditions and dry gas.
| Plynná | 35 |
| Zkapalněný plyn | 5 |
| Nízkovýhřevné plyny ze zplynění nebo rafinačních zbytků, koksárenský plyn, vysokopecní plyn, konvertorový plyn | 800 |
| Plyn ze zplynění uhlí | Emisní limit zatím nestanoven |
Note
The emission limit values for each individual installation for which a building permit was issued after 1 July 1987 relate to the total heat input of a particularly large source
C. Emission limits for gaseous fuels burned in future new sources according to § 2 (b). (j) expressed in mg / m3 (oxygen content 3%) relative to normal state conditions and dry gas.
| Plynná | 35 |
| Zkapalněný plyn | 5 |
| Koksárenský plyn | 400 |
| Vysokopecní plyn, konvertorový plyn | 200 |
Note
The emission limit values for each installation refer to the total heat input of a particularly large source.
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Regulation Information
| Citation | Government Regulation No 352 / 2002 Coll., establishing emission limits and other conditions for the operation of combustion stationary sources of air pollution |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.08.2002 |
|---|---|
| Effective from | 14.08.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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