Government Decree No 353 / 2002 Coll.
Government regulation setting emission limits and other conditions for operating other 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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353
GOVERNMENT REGULATION
of 3 July 2002
setting emission limits and other conditions for the operation of other stationary sources of air pollution
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 '):
Subject matter
(1) This Regulation lays down, in accordance with the law of the European Communities (1), emission limits, operating conditions and the way in which other stationary sources of air pollution are to be included in the different categories of sources under Article 4 (4) of the Act (hereinafter referred to as "the source").
(2) This Regulation shall not apply to:
(a) co-incineration of waste with fuels in the resources referred to in the specific legislation, 2)
(b) sources which emit volatile organic compounds from solvent application processes and from the storage and distribution of petrol referred to in a separate legislation.3)
Basic concepts
For the purposes of this Regulation:
(a) the source listed - the source listed in Annex 1 or Annex 2 to this Regulation,
(b) unnamed source - not listed in Annex 1 or 2 to this Regulation;
(c) particularly large sources (4) - a source with a particularly significant influence on air quality as referred to in Annex 1 or Annex 2 to this Regulation or in specific legislation, 4)
(d) a major source - a source with a very significant influence on the air quality referred to in Annex 1 or 2 to this Regulation, or a source for which the nominal heat output of direct process heating exceeds 5 MW, or a source which, at its design output and at the mass concentration of the pollutant corresponding to the emission limit, exceeds the limit annual mass flow of at least 1 or more of the following pollutants:
1.200 tonnes of solid pollutants,
2.300 tonnes of sulphur dioxide,
3.4 tonnes of chlorine and its volatile inorganic compounds reported as chlorine,
4.10 t volatile organic substances reported as total organic carbon from sources,
5.200 t nitric oxide and nitrogen dioxide expressed as nitrogen dioxide (nitrogen oxides),
6.1 t of sulphate,
7.2 t volatile inorganic fluorine compounds reported as fluorine,
8.50 tonnes of carbon monoxide,
9.50 t ammonia, or
10. in the case of any other of the pollutants or their specified groups listed in the list of pollutants, the total annual emissions recorded from an hourly average of 10 times the mass flow applicable to the determination of the limit concentration in the waste gas,
(e) medium source - a source having significant influence on the air quality referred to in Annex No 1 or No 2 to this Regulation, or a source for which the nominal heat output of direct process heating is equal to or greater than 0,2 kW, or a source which exceeds, at its highest design power under the least favourable operating conditions with regard to air protection and at a mass concentration corresponding to the general emission limit of the annual mass flow of emissions of at least 1 or more pollutants in the quantity of 10 to 100% referred to in point (d) of points 1 to 10 or exceeding, at the maximum projected power of the source and at the mass concentration corresponding to the general emission limit of hourly emissions determined as the applicable mass hourly flow of emissions of the pollutant, or specified groups of pollutants, for the determination of the general emission limit according to the specific legislation, 5)
(f) small resource - non-classifiable resource under (c) to (e);
(g) existing source - a source for which a building permit or other similar decision has been issued before the date of application of this Regulation, unless otherwise provided for in this Regulation;
(h) a new source - a source for which a final building permit or other similar decision has been issued since the date of entry into force of this Regulation, unless otherwise provided for in this Regulation;
(i) direct process heating - heating for which the pollutants resulting from the combustion of fuels are carried out together with the pollutants emitted by the technological process;
(j) agricultural source - source of emission of ammonia and other pollutants from the operation of agricultural technologies as listed in Annex 2 to this Regulation.
Named resources and their categorisation
(1) The categories of listed sources, the specific emission limits and the technical conditions for their operation are set out in Annex 1 or Annex 2 to this Regulation. The technical and other operating conditions of the listed sources shall include requirements for the design and equipment of the source, or for its operation, which complement or replace specific emission limits.
(2) For listed sources, the specific emission limits and the technical conditions for their operation set out in Annex 1 or Annex 2 to this Regulation shall apply and the general emission limits for pollutants for which specific emission limits are not set may be applied. General emission limits shall be applied in accordance with the procedure laid down in Section 9 (4) of the Act.
Unnamed resources
Resources not listed in Annex 1 or Annex 2 to this Regulation shall be subject to the general emission limits laid down by specific legislation.5) The categorisation of unnamed resources shall be determined in accordance with § 2 (d) to (f) of this Regulation.
Procedure for establishing general emission limits
(1) Where a specific emission limit is not set at source for a given pollutant or a specified group of substances and the definition of the pollutants or their specified groups is made so that the general emission limits are met, the authority of the region in the delegation (hereinafter referred to as the "regional authority ')
(a) determine the general emission limits for those pollutants or their specified groups for which, at the highest projected power of the source and at the mass concentration corresponding to their general emission limit, the calculated annual mass flow of more than 4% of the annual mass flows of the pollutants referred to in § 2 (d);
(b) establish general emission limits for other substances whose emissions can be demonstrated at source and which have a significant impact on the air quality at the site of activity of the source, in particular where the area referred to in Article 7 (1) of the Act is concerned;
(c) establish the general emission limits of other substances on the basis of its own assessment or expert opinion and justify them in the decision;
(d) for a particularly large source, assess the determination of emission limits pursuant to Article 6 for all pollutants listed in this provision for which specific emission limits are not set at source.
(2) The compliance with the emission limits laid down in paragraph 1 (b) and (c) may be waived for those pollutants or their specified groups for which the results of the authorised emission measurement shall be demonstrated or the expert opinion shall demonstrate that their emissions are below 10% of the general emission limit and below 10% of the limit emission flow.
Emission limits of particularly large sources
When issuing authorisations pursuant to § 17 (1) and (2) of the Act for particularly large sources, general emission limits and other conditions for their application shall be established in accordance with § 5 for these pollutants.
(a) solid pollutants;
(b) sulphur dioxide;
(c) nitric oxide and nitrogen dioxide expressed as nitrogen dioxide (nitrogen oxides);
(d) carbon monoxide;
(e) sulphan,
(f) thioethers and thioalcohols,
(g) ammonia and ammonium salts, expressed as ammonia,
(h) volatile organic substances expressed as organic carbon (VOC);
(i) heavy metals and their compounds, expressed as metal (heavy metals);
(j) asbestos (suspended particles, fibres),
(k) chlorine and its gaseous compounds expressed as Cl (chlorine),
(l) fluorine and its gaseous compounds, expressed as F (fluorine),
(m) arsenic and its compounds, expressed as As (arsenic),
(n) cyanide expressed as CN (cyanide),
(o) carcinogenic and mutagenic substances or substances affecting reproduction6) (carcinogens),
(p) polychlorinated dibenzodioxins and polychlorinated dibenzofurans (PCDD and PCDF);
(r) odours;
where specific emission limits are not laid down for these pollutants in Annex 1 or Annex 2 to this Regulation.
Common provisions
For the purposes of charging pollutant emissions pursuant to Section 19 of the Act and keeping an operating record pursuant to Section 13 of the Act, a set of all sources of air pollution of the same operator located in a single operating unit or site shall be considered a common source. The category of common source is determined by the category of source, which is the highest in accordance with Section 4 (4) (a) of the Act.
Transitional provisions
(1) Compliance with the tightened or newly imposed specific emission limits for all sources to which this Regulation provides for them shall be ensured by operators by 1 January 2005 at the latest. In the meantime, operators shall comply with the emission limits applicable until the date of entry into force of this Regulation and shall comply with point 0.4 of Annex 1 to this Regulation. This provision shall not apply to emission limits for odour substances.
(2) If the Act provides for an obligation to amend or reprocess a set of technical operational parameters and technical organisational measures (operating rules) under Paragraph 11 (2) of the Act, the operator shall do so by 31 May 2003 at the latest.
(3) Operators of existing sources shall carry out the first emission measurement of:
(a) particularly large resources by 31 March 2003;
(b) large resources not later than 1 calendar year from the date of the last one-off measurement which has been demonstrated before the date of entry into force of this Regulation;
(c) medium-term sources for which compliance with emission limits is achieved by adjusting the technological management of the production process or by using waste gas treatment facilities and the latest one-off measurement has not been demonstrated after 1 January 2000 and by 31 December 2003 at the latest;
(d) medium-term sources where compliance with emission limits is achieved by adjusting the technological management of the production process or by using waste gas treatment facilities and the last one-off measurement has been demonstrated after 1 January 2000, no later than 3 calendar years after the date of such measurement.
(4) For existing particularly large sources where general emission limits are not established in accordance with the procedure laid down in Article 5, the operator shall request the regional authority to determine them within 2 years of the date of entry into force of this Regulation.
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 353 / 2002 Coll.
Category of listed sources, emission limits and requirements for the design, equipment or operation of the technological process
0. GENERAL PRINCIPLES
_
For the purposes of this Annex, the following marking shall be used:
(a) Reference conditions And for the emission limit, the concentration of the relevant substance in dry gas under normal conditions (101,325 kPa, 293,15 K), sometimes indicating the reference content of a substance in waste gas (usually oxygen),
(b) reference conditions B for the emission limit mean the concentration of the relevant substance in wet gas under normal conditions (101,325 kPa, 293,15 K), sometimes with the reference content of a substance in the waste gas (usually oxygen),
(c) the C reference conditions for the emission limit mean the concentration of the relevant substance in the waste gas under normal operating conditions;
(d) "nest." for emission limits, for production emissions and for specific production emissions indicates that no specific limit is set for that pollutant;
(e) VOC indicates volatile organic substances expressed as organic carbon;
(f) NO2 indicates nitric oxide and nitrogen dioxide expressed as nitrogen dioxide;
(g) TZL indicates solid pollutants;
(h) SO2 means sulphur dioxide;
(i) SOx denotes sulphur oxides (SO2 and SO3), unless otherwise specified in the text of this Annex;
j) NH3 stands for ammonia;
(k) HCl indicates hydrogen chloride;
(l) HF indicates hydrogen fluoride;
(m) CO stands for carbon monoxide;
(n) O2R indicates the reference oxygen content.
0.2. VALIDITY OF EMISSION LIMITS
Where not otherwise specified in this Regulation, the emission limits set are applicable to both existing and new sources. The general emission limits shall be applied in accordance with the procedure laid down in Article 5 of this Regulation for all listed and unnamed sources. Existing sources must comply with emission limits applicable to new sources after reconstruction or overhaul.
0.3. OBLIGATIONS OF THE OPERATING DEVICES FOR THE FLOATING OF WASTE GAS
All (even emergency) waste gas disposal plants are designed to ensure optimal combustion mode conduction and reduction of pollutant emissions to air during the combustion of waste gases. The maximum permissible darkness of smoke is given by the emission limit.
The outgoing smoke shall not be darker than Level 2 when measuring and evaluating Ringelmann. When igniting the waste gas on a flyer and for a maximum period of 10 minutes, the darkness of the smoke may reach level 3 of the Ringelmann scale.
FOR NEW RESOURCES
1. Fléra (torch) is a device for reducing emissions of air pollutants which acts as
(a) emergency discharge of gases into ambient air; or
(b) the connection of technological spaces with external air; or
(c) in the case of continuous and otherwise hard-to-process excess gas.
2. Each flyer is assessed individually with regard to its design, location and combustion gas medium. When assessing these devices, priority shall be given to assisted flours, i.e. flours, which have the structural ability to influence the amount of air supplied and the temperature of combustion.
2.1. In the case of calorific value fluctuations or quantities of waste gas entering the flyer, the waste gas shall be incinerated at the same time as the appropriate stabilising fuel. The combustion plant is equipped with regulation to continuously optimise the ratio of stabilising fuel, combustion air and waste gas.
2.2. The burning area of the flyer is heat insulated.
3. The data shall be expressed at the reference oxygen level of 11%.
0.4. PLAN OF REDUCTION OF EMISSIONS OF DISTORTED SUBSTANCES AT TECHNICAL RESOURCES
The source operator shall, in accordance with Article 8 (1) of this Regulation, if it does not comply with a tightened or newly imposed specific emission limit, draw up, by 30 November 2002 at the latest, a proposal for a plan to reduce the emissions of pollutants (hereinafter referred to as the plan) and submit it to the county authority pursuant to Article 5 (7) of the Law with a request for approval to implement it.
1. Procedure for processing the plan by the source operator
The operator shall indicate in the plan:
(a) the category, group, name, location and description of the source according to the operational record data;
(b) a detailed technical description of the source and the technological procedures used;
(c) the manner in which pollutants are to be introduced into the ambient air;
(d) the current operating rules drawn up pursuant to Article 11 (2) of the Act, in the case of a particularly large or large source;
(e) draft operating rules for the period of application of the plan;
(f) the current method for detecting emission concentrations of pollutants and the quantity of pollutants emitted;
(g) copies of the protocols on authorised emission measurements carried out at source under the legislation in force until the date of entry into force of the law;
(h) the data contained in the aggregated traffic record, in particular the total quantity of emissions emitted reported over the past 2 years;
(i) comparison of existing technology with the modified technology proposed. Indication of the date of implementation of this change when using the technological equipment of the source,
(j) other technical organisational measures;
(k) the method of achieving and evaluating emission reductions and emission concentrations at the level of the tightened emission limits as a result of the implementation of the plan;
(l) the start date of implementation of the plan, no later than 1 January 2003.
(m) the dates and manner of checking the ongoing implementation of the plan;
(n) the names, addresses and signatures of the source operator and the county authority.
2. Terms and conditions of processing, approval and implementation of the plan
(a) the plan is processed and approved in 3 copies;
(b) the regional authority shall approve or reject the plan within 90 days of the date of receipt of the operator's request.
(c) the expiry of the plan and its fulfilment shall be determined by 1 January 2005 at the latest. This term is a period fixed by the body of air protection under Section 5 (9) of the Act.
3. Procedure of the regional authority for approving the plan
(a) if the regional authority does not approve the plan, it shall inform the operator thereof without delay;
(b) the county authority shall request the addition or specification of the plan, if it considers it necessary, so that the approved version of the plan includes the settlement of any comments and recommendations it designates as essential;
(c) if, after examination, the regional authority approves the plan, informs the operator thereof without delay, it shall forward to it the approved draft plan,
(d) transmit the approved draft plan to the inspection;
(e) inform of the approval of the plan by the Ministry of the Environment (hereinafter referred to as "the Ministry") of the legal person set up under Section 13 (1) of the Act.
1. ENERGY
In addition to the incineration sources referred to in Section 4 (5) of the Act
1.1. Coal sorting and treatment, briquettes
Category: Especially large source except in cases of inclusion in other categories listed in table text
| Limitní hmotnostní koncentrace v [mg/m3] pro | O2R [%] | Vztažné podmínky | ||||
|---|---|---|---|---|---|---|
| TZL | SO2 | NO2 | CO | VOC | ||
| a) Třídění a jiná studená úprava uhlí, ( | ||||||
| 100 | nest. | nest. | nest. | nest. | - | B |
| b) Tepelná úprava uhlí | ||||||
| 100 | nest. | nest. | nest. | 50 | 5 | A |
For polycyclic aromatic hydrocarbons, the general emission limit shall be the specific limit.
1.2. Cocaine Production - Coking Battery
Category: Especially large source except in cases of inclusion in other categories listed in table text
| Limitní hmotnostní koncentrace v [mg/m3] pro | O2R [%] | Vztažné podmínky | ||||
|---|---|---|---|---|---|---|
| TZL | SO2 | NO2 | CO | VOC | ||
| Otop koksárenských baterií | ||||||
| nest. | 1) | 500 | nest. | nest. | 5 | B |
| Příprava koksovací vsázky ( | ||||||
| 100 | nest. | nest. | nest. | nest. | - | C |
| Koksování3) | ||||||
| 2) | nest. | nest. | nest. | nest. | - | - |
| Vytlačování koksu3) | ||||||
| 100 4) | nest. | nest. | nest. | nest. | - | B |
| Třídění koksu ( | ||||||
| 100 | nest. | nest. | nest. | nest. | - | B |
References:
(1) a sulphur content in heating gas of not more than 500 mg / m3
(2) the permissible visible emissions for each coke-oven battery will be set out in the local operating code as part of technical organisational measures (Section 11 (2) of the Act)
3) for polycyclic aromatic hydrocarbons the general emission limit, reference conditions C
4) calculated as daily average
Requirements for the design, equipment or operation of the technological process
(a) all releases of pollutants into the air must be reduced to the lowest possible extent by suction and dusting or hermetisation, if technically feasible;
(b) the filling gases (when filling the coke oven chambers) shall be carried to the raw coke oven gas or to another coke oven chamber. Conditions for the operation of the operational cycle should be laid down in the operational rules as part of technical organisational measures,
(c) the quantity of solids released into the air is limited by 0,1 kg / tonne of total dry coke (ccs). The nature and quality of the extinguishing water should be laid down in the operating rules as part of technical organisational measures,
(d) the equipment for the chemical plants of coke plants must be secured against VOC losses into ambient air. Waters from direct gas cooling shall not be in direct contact with the air;
(e) the sulphate content of coke oven gas at the outlet of chemical plants shall not exceed 500 mg / m3. The sulphate content shall be determined by continuous operational measurements,
(f) the release of coke oven gas into the air is not permitted. The conditions for its possible controlled incineration should be laid down in the operating rules as part of technical organisational measures (Section 11 (2) of the Act).
1.3. Coal gasification and liquefaction plants, production and refining of gases and mineral oils, production of energy gases (generator gas, lamp gas), synthesis gases and biogas
Category: particularly large source
The general emission limits for TZL, SO2, NO2, CO, sulfan, ammonia, polycyclic aromatic hydrocarbons of thioethers, thioalcohols and odours are the specific limits under reference conditions A.
1.4. Deep coal mines
Classification: medium source
The specific emission limit for methane is not established.
This shall be without prejudice to the provisions of specific legislation. 7)
2. Industrial metal production and processing
Requirements for the design, equipment or operation of the technological process:
(a) In the case of variable emission discount processes, emission limits are set for average technological process parameters.
(b) Any leakage of solid pollutants into the air from the sources specified in Chapter 2 shall be reduced to the lowest possible extent by suction and dusting or hermetisation, if technically feasible.
2.1. Metal ore roasting or sintering equipment including sulphide ore
Category: particularly large or large source according to special legislation5), except in cases of inclusion in another category listed in the text of the table
| Limitní hmotnostní koncentrace v [mg/m3] pro | O2R [%] | Vztažné podmínky | |||||
|---|---|---|---|---|---|---|---|
| TZL | SO2 | NO2 | CO | VOC | |||
| Příprava vsázky (stávající | |||||||
| 100 | nest. | nest. | nest. | nest. | C | ||
| Příprava vsázky (nový | |||||||
| 50 | nest. | nest. | nest. | nest. | C | ||
| Spékací pásy aglomerace ( | |||||||
| 100 | 400 | 400. | 6 000 | 2) | 19 | A | |
| 8 000 1) | |||||||
| Spékací pásy aglomerace ( | |||||||
| 50 | 400 | 400. | 6 000 | 8 000 1) | 2) | 19 | A |
| Manipulace se spečencem 3) (stávající | |||||||
| 100 | nest. | nest. | nest. | nest. | - | C | |
| Manipulace se spečencem3) (nový | |||||||
| 50 | nest. | nest. | nest. | nest. | - | C | |
| Peletizační závody 4) ( | |||||||
| 25 | nest. | nest. | nest. | nest. | - | C | |
References:
1) for carbonate ores
2) gaseous inorganic and organic compounds of mercury max. 1 mg / m3
3) as cooling, crushing, grinding, sorting
4) as crushing, drying, pelleting
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Regulation Information
| Citation | Government Decree No 353 / 2002 Coll., establishing emission limits and other conditions for the operation of other 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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