Decree No. 415 / 2012 Coll.

Decree on the permissible level of pollution and its detection and implementation of certain other provisions of the Air Protection Act

Valid Order Effective from 01.12.2012
415
DECLARATION
of 21 November 2012
on the permissible level of pollution and its detection and the implementation of certain other provisions of the Air Protection Act
The Ministry of the Environment provides pursuant to § 4 (9), § 6 (9), § 12 (8), § 16 (10), § 17 (7), § 18 (4), § 32 (8) and § 34 (5) of Act No. 201 / 2012 Coll., on Air Protection, as amended by Act No. 369 / 2016 Coll. and Act No. 172 / 2018 Coll. ("the Act '):

ČÁST PRVNÍ

INTRODUCTORY PROVISIONS
§ 1
Subject matter
(1) This decree implements the relevant provisions of the European Union1) and provides for:
(a) the intervals, method and conditions for determining the level of pollution by measuring and calculating, the method for evaluating the results of the detection of the level of pollution and the method for detecting and evaluating compliance with the darkness of smoke;
(b) the general emission limits, the specific emission limits, the method for determining emission limits, the method for calculating emission ceilings and the technical conditions for operating stationary sources and the method for evaluating their performance, the stationary sources for which continuous monitoring and recording of the operating parameter in the operating permit is required, and the scope, manner and conditions for setting the operating parameter;
(c) the method of determining the number of operating hours;
(d) fuel quality requirements, requirements for the method of proving compliance and the format and extent of reporting compliance;
(e) requirements for products containing volatile organic substances;
(f) the operational records and aggregated operating records, operating rules, expert reports, diffusion studies, documents on one-off emissions measurement, evidence of the control of the technical condition and operation of the combustion stationary source on solid fuels with a total rated thermal input of 10 to 300 kW inclusive, serving as a heat source for the central heating hot water system, the range of data reported by the competent person through an integrated reporting system, the reporting requirements for the implementation of the air quality improvement programme measures and the timetable for the implementation of measures of the air quality improvement programme and the structure of sound and additional fee returns;
(g) the method of applying compensatory measures and the minimum value of the contribution of a stationary source to the level of pollution;
(h) the reference financial limit for carrying out the inspection of the technical condition and operation of the combustion stationary source on solid fuels with a total rated thermal input of 10 to 300 kW inclusive, serving as a heat source for the central heating hot water system;
(i) the scope of control of the technical condition and operation of the combustion stationary source on solid fuels with a total rated thermal input of 10 to 300 kW inclusive, serving as a heat source for the central heating hot water system;
(j) the process of demonstrating the heat treatment of waste in a stationary combustion source with a total rated thermal input up to and including 300 kW;
(k) the minimum distances and the method of their use.
(2) This Decree was notified in accordance with Directive (EU) 2015 / 1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical and information society services.
§ 2
Basic concepts
For the purposes of this decree:
(a) biomass for combustion in stationary sources of a product consisting of plant material originating from agriculture or forestry and which may be used as a fuel to obtain its energy content and the following waste used as fuel:
1. plant waste from agriculture or forestry;
2. plant waste from the food industry, if the heat produced is recovered;
3. plant waste from the production of fresh fibre and pulp paper, where co-incineration is carried out at the place of production and the heat generated is recovered;
4. waste cork,
5. Wood waste, except wood waste, which may contain halogenated organic compounds or heavy metals as a result of treatment with wood protection substances or coatings, including in particular such wood waste originating from construction and demolition;
(b) emission factor specific production emissions typical of a particular group of stationary sources;
(c) specific production emissions the proportion of the mass of the pollutant or a specified group of substances brought from a stationary source into the air and the reference quantity;
(d) by gas oil, any liquid fuel produced from crude oil other than marine fuel (5) listed under codes 2710 19 25, 2710 19 29, 2710 19 47, 2710 19 48, 2710 20 17 or 2710 20 19 of the Combined Nomenclature in Annex I to Council Regulation (EEC) No 2658 / 873 (5), or any liquid fuel other than marine fuel (5), from which less than 65% by volume, including losses, is distilled at 250 ° C using the method laid down by the Technical Requirements Act on Products (2), and up to 350 ° C,
(e) heavy fuel oil of any liquid fuel produced from crude oil other than marine fuel 5) and gas oil listed under codes 2710 19 51 to 2710 19 68, 2710 20 31, 2710 20 35 or 2710 20 39 of the Combined Nomenclature in Annex I to Council Regulation (EEC) No 2658 / 873) or any liquid fuel produced from crude oil other than marine fuel and gas oil which, as a result of its distillation range, falls within the category of heavy oils intended for use as fuel from which less than 65% by volume of losses are distilled at a temperature of 250 ° C using a method as specified technical standard under the law on technical requirements for products2; where distillation cannot be carried out according to this method, the product is considered to be heavy fuel oil,
(f) nitrogen oxides (NOx) nitric oxide and nitrogen dioxide expressed as nitrogen dioxide;
(g) total organic carbon (TOC) by mass concentration of volatile organic substances expressed as total organic carbon;
(h) fugitive emissions of any emissions which are not diverted into the atmosphere by a chimney or a fire.

ČÁST DRUHÁ

DETERMINING THE LEVEL OF EMISSIONS AND EVALUATION
§ 3
Single measurement intervals
(Paragraph 6 (10) of the Act)
(1) Single emission measurement shall be carried out no later than 4 months after:
(a) the first entry into service of a stationary source;
(b) any change in fuel, raw material or heat-treated waste in the operating permit; or
(c) any interference with the structure or equipment of a stationary source which could lead to a change in emissions.
(2) In the case of heat treatment of waste, the period referred to in paragraph 1 shall be only 3 months.
(3) In addition to the measurements referred to in paragraphs 1 and 2, one-off emission measurements shall be carried out at the following intervals:
(a) once per calendar year for stationary sources not referred to in (b) and (c);
(b) once every 3 calendar years
1. in the case of combustion stationary sources pursuant to § 13, the total rated thermal input from 1 MW to 5 MW, including combustion gaseous or liquid fuels, and in the case of combustion stationary sources pursuant to § 13, the total rated thermal input from 0,3 MW to 1 MW burning solid fuels,
2. for the stationary sources listed in Annex 5, Part II, points 1.1., 1.2., 1.3. and 1.4., with the projected consumption of organic solvents 0,6 t / year or more and up to and including 15 t / year;
3. for the stationary sources listed in Annex 5, Part II, points 4.1, 4.2 and 7 with the projected consumption of organic solvents 0,6 t / year or more and up to and including 5 t / year,
4. for stationary sources listed in Annex 5, Part II, point 4.3, with the projected consumption of organic solvents 0,5 t / year and over and up to and including 2 t / year, point 9 with the projected consumption of organic solvents 0,6 t / year and over and up to and including 20 t / year and point 4.4.
5. for stationary sources listed in Annex 8, Part II, points 2.2.1., 3.8.1., 4.1.1. and 6.6.
6. for stationary sources listed in Annex 8, Part II, points 3.7.1, 3.8.3 and 5.2.1.
7. for stationary sources listed in Annex 8, Part II, point 3.4.2. with a projected heat output from 1 MW to 5 MW inclusive and point 3.5.2. with a projected heat output from 0,3 MW to 5 MW inclusive,
8. For stationary sources listed in Annex 8, Part II, point 4.2.2.
9. For stationary sources listed in Annex 8, Part II, point 4.2.4.
10. For stationary sources listed in Annex 8, Part II, point 4.2.5, with an annual projected capacity exceeding 50 tonnes of finished products,
11. for stationary sources for which a specified level of pollution is achieved by adjusting the technological management of the production process or by using the emission reduction technology, provided that, at the same time in the operating permit, the requirement for continuous measurement and recording of one or more operating parameters determining the level of pollution is laid down; This measurement frequency does not apply to combustion stationary sources with a total rated thermal input of 50 MW or more and to stationary heat-treatment waste sources;
(c) twice per calendar year
1. for stationary sources treating waste with respect to the measurement of heavy metals, polychlorinated dibenzodioxins (PCDDs), polychlorinated dibenzofurans (PCDFs) and the measurement of gaseous inorganic fluorine compounds expressed as hydrogen fluoride, gaseous inorganic chlorine compounds expressed as hydrogen chloride and sulphur dioxide, in application of point 4 or 5 of Part B of Annex 4 to the Act; However, 4 measurements shall be made during the first 12 months of operation,
2. for combustion stationary sources with a total rated heat input of 50 MW or more.
(4) One-off emission measurements referred to in paragraph 3 shall be carried out in the cases referred to in:
(a) in (a) at the earliest six months after the date of the previous one-off measurement;
(b) in point (b), not earlier than 18 months after the date of the previous one-off measurement;
(c) in (c) at least once every 6 months and at the same time not earlier than 3 months after the date of the previous single measurement, except for the first 12 months of operation of a stationary heat-treatment waste source where one measurement is carried out every 3 months.
(5) One-off measurements referred to in paragraph 3 shall not be made for stationary sources listed in Part A of Annex 4 to the Pollutants Act listed therein; This does not apply in the case of measurement of mercury and its compounds for combustion stationary coal combustion sources that are carried out once per calendar year.
(6) Instead of measuring the emission of pollutants referred to in paragraph 3, the calculation shall be used to determine the level of pollution:
(a) in the case of combustion stationary sources as referred to in Article 13 burning gaseous and / or liquid fuels up to a total rated thermal input of 1 MW;
(b) for stationary sources listed in Annex 5, Part II, point 3.
(c) for stationary sources listed in Annex 8, Part II, points 1.3, 2.1, 3.8.4 and 6.15.
(d) for the stationary sources listed in Annex 8, Part II, points 3.5.1., 3.7.1., 3.8.3., 5.2.1., for the stationary sources listed in Annex 8, Part II, point 4.2.5. With an annual projected capacity up to and including 50 tonnes of finished products.
(7) If a stationary source for a particular pollutant does not have a specific emission limit in this decree, but only in the traffic permit, the Regional Authority, pursuant to Article 12 (4) of the Act, also sets out the method, conditions and intervals of one-off measurement of emissions of that pollutant in the traffic permit. In determining the frequency of measurements, account shall be taken of the time and manner of operation of the stationary source and its impact on air quality.
(8) In the case of a combustion stationary source for which, with regard to its function in the transmission system or the thermal energy supply system and the way in which it is operated, the conditions for carrying out the one-off emission measurement set out in Article 6 (7) of the Act within the interval set out in paragraph 3 cannot be met, one-off emissions measurement shall be carried out at the first opportunity when those conditions can be met.
(9) The measurement of emissions of volatile organic substances referred to in paragraph 3 may be waived by decision of the Regional Authority pursuant to Article 6 (2) of the Act and emissions may be detected by calculation for stationary sources listed in Part II of Annex 5, unless they use technology to reduce emissions of these substances.
§ 4
Method and conditions for determining the level of pollution by one-off measurement
(Paragraph 6 (10) of the Act)
(1) Disposable emission measurements shall be representative and conclusive and the method of measurement and sampling used shall reflect as accurately as possible the level of pollution. These requirements shall be deemed to be met if they are followed by specified technical standards under the Technical Requirements Act for Products (2). The methods and procedures for the collection and determination of pollutants and additional quantities for which an accreditation certificate is required are set out in Part I of Annex No 1 to this Decree.
(2) Single emission measurement shall be carried out using manual methods with separate sampling of individual consecutive samples or continuous emission measurement instruments. In the framework of a single emission measurement, individual measurements shall be considered as individual sampling and evaluation. For one-off emission measurements, only those measuring methods shall be used to determine the concentrations of pollutants at least between 10% and 200% of the specific emission limit.
(3) For one-off measurements by manual methods,
(a) at least 3 individual measurements for stationary sources with fixed operating conditions;
(b) at least 6 individual measurements for stationary sources with variable operating conditions;
(c) technical conditions of operation and emission concentrations of pollutants determined by the number of consecutive measurements for stationary sources with a periodic, interrupted, batch-based method of production, so that the measurements affect the entire cycle or batch time interval; the sampling time for each consecutive measurement shall be adapted to the expected concentrations in accordance with the technical procedures for one-off measurements and the requirements of this Decree, the technical standards for one-off measurements and the conditions laid down in the operating permit;
(d) individual measurements for at least 30 minutes and not more than 8 hours in the case of heavy metals and not less than 6 hours in the case of PCDD and PCDF,
(e) different from the provisions in (a) and (b) only one individual measurement of PCDD, PCDF and heavy metals;
1. stationary sources treating hazardous waste with a rated capacity of up to 1 tonne of waste per hour;
2. stationary sources of heat treatment municipal waste with a nominal capacity of up to 3 tonnes of waste per hour;
3. stationary sources of heat treatment other than hazardous waste with nominal capacity up to 50 tonnes of waste per day;
4. stationary sources of heat treatment of waste, where it cannot be contaminated by the pollutant during heat treatment.
(4) The minimum period of one-off measurements referred to in Article 3 (1), with the exception of the fixed sources referred to in paragraphs 6 and 7, and for one-off measurements using continuous measurement instruments is:
(a) 6 hours for stationary sources at the nominal output of the stationary source; or
(b) for stationary sources having a periodic, interrupted or batch production method, such that a single measurement is carried out throughout the duration of one or more cycles or lots at the nominal output of the stationary source; where one cycle or batch lasts less than 4 hours inclusive, one-off measurements shall include at least 3 cycles or lots, if these measurements can be made within one day; where one cycle or batch lasts more than 4 hours or where no measurement of 3 cycles or lots is possible within one day, the emissions shall be measured for only one cycle or batch.
If a stationary source cannot be achieved for technical reasons of rated power, a single measurement shall be made at the maximum achievable power of the stationary source.
(5) The minimum period of one-off measurements referred to in Article 3 (3), with the exception of the fixed sources referred to in paragraphs 6 and 7, and for one-off measurements using continuous measurement instruments is:
(a) 6 hours in the normal operational performance of a stationary source; or
(b) for stationary sources having a periodic, interrupted or batch production method, such that one-off measurements are carried out throughout the duration of one or more cycles or lots at the normal operating power of the source; where one cycle or batch lasts less than 4 hours inclusive, one-off measurements shall include at least 3 cycles or lots, if these measurements can be made within one day; where one cycle or batch lasts more than 4 hours or where no measurement of 3 cycles or lots is possible within one day, the emissions shall be measured for only one cycle or batch.
(6) For combustion stationary sources pursuant to § 13 on rated thermal input up to 5 MW including combustion exclusively light fuel oil, diesel, natural gas, degasification gas, liquefied natural gas, hydrogen or liquefied petroleum gases and their mixtures, single measurement of carbon monoxide and nitrogen oxides may be carried out by means of a potential direct measurement of the electrochemical cell or other continuous emission measurement apparatus. In that case, at least:
(a) 3 individual measurements, each of a minimum duration of 15 minutes continuously, with a period of storage of the measured value equal to or less than 30 seconds for a stationary source with fixed operating conditions, carried out within a time interval of at least 45 minutes; or
(b) 6 individual measurements, each lasting at least 15 minutes continuously, with a period of storage of the measured value equal to or less than 30 seconds for a fixed source with variable operating conditions, carried out within a time interval of at least 90 minutes.
(7) For a stationary source equipped with a technology to reduce emissions of solid pollutants with an output concentration of less than 50 mg.m-3 under operating state conditions and with an emission limit set for solid pollutants, 3 individual measurements of the concentration of solid pollutants shall be made. The sampling time of the incremental samples shall be adapted to the expected concentrations in accordance with the requirements of this Decree, the technical standards for one-off measurements and the conditions laid down in the permit for operation, but at least for a continuous period of 30 minutes for each partial measurement.
(8) One-off emission measurements shall be carried out on combustion stationary sources with a total rated thermal input of less than 50 MW under stable operating conditions and under representative and uniform load, and the results of one-off emission measurements shall not include values obtained at the time of putting the stationary source into service and when it is shut down. Where these sources use several types of fuel, emissions shall be measured when burning a fuel or fuel mixture with probably the highest emission value and at a time that is representative of normal operating conditions.
§ 5
Evaluation of one-off measurements
(Paragraph 6 (10) of the Act)
(1) Single measurement results shall be evaluated
(a) when using manual methods as a weighted average value according to the sampling time for all measurements from individual measurement results expressed after conversion to specified state and reference conditions;
(b) when using continuous measurement instruments as an average over every 30 minutes of measurement expressed after conversion to specified state and reference conditions and as an arithmetic mean of these values over the whole measurement; or
(c) when using apparatus with electrochemical cells or other apparatus for continuous measurement of emissions to measure in accordance with Paragraph 4 (6) as an average for every 15 minutes of measurement expressed after conversion to specified state and reference conditions and as an arithmetic mean of these values for the whole measurement.
(2) For stationary sources treating hazardous waste with installed emission abatement technology, conversion to reference oxygen content shall be carried out only if the determined oxygen content for the period of emission measurement exceeds the determined value of the reference oxygen content. The conversion of stationary sources of heat treatment waste to reference oxygen content in case of combustion in an oxygen-enriched atmosphere shall not apply.
(3) The evaluation of a one-off measurement shall include data on the mass concentration of the pollutant, its mass flow, the specific production emissions processed to be comparable to the emission limits, and the specification of the operational and state conditions under which measurements were made on stationary sources.
(4) The levels of PCDD, PCDF and polychlorinated biphenyls are determined as the sum of the values of the mass concentrations of each PCDD, PCDF and polychlorinated biphenyls multiplied by the toxicity equivalents coefficients set out in Part II of Annex 1.
§ 6
Evaluation of compliance with emission limits for single measurement
(K § 4 (7) of the Act)
The emission limit shall be deemed to be respected if:
(a) the average of the results of individual measurements of the concentration of the pollutant for the whole of the single measurement of emissions carried out in accordance with paragraphs 3 to 7 of Section 4 is less than or equal to the emission limit, and at the same time each concentration of the pollutant determined by each measurement is less than 120% of the emission limit; Compliance with the emission limit shall be assessed mutatis mutandis if it is expressed by a measurable quantity other than the mass concentration of the pollutant; in the case of an emission limit set in the operating permit, on the basis of the best available techniques conclusions, the Commission Implementing Regulation adopting those conclusions shall be followed; and
(b) for stationary sources of heat treatment waste, none of the pollutant concentrations during the sampling period of heavy metals, PCDD and PCDF shall exceed the specific emission limits.
§ 6a
Continuous monitoring and recording of the operating parameter
(Paragraph 6 (10) of the Act)
The stationary sources for which continuous monitoring and recording of the operating parameter in the operating permit is required and the scope, manner and conditions of the operating parameter are set out in Annex 19 to this Decree.
§ 7
Method and conditions for determining the level of pollution by continuous measurement
(Paragraph 6 (10) of the Act)
(1) Continuous measurement, calibration and verification of the accuracy of its results must be representative and conclusive and the method of measurement and sampling used must reflect as accurately as possible the fact of the level of pollution. These requirements shall be deemed to be met if they are followed by specified technical standards under the Technical Requirements Act for Products (2).
(2) For continuous emission measurement, an instrument shall be used to determine the mass concentrations of pollutants at least between 10% and 250% of the specific emission limit or, in the case of a stationary source equipped with a technology to reduce the emissions of solid pollutants at least between 10% and 250% of the concentration guaranteed by the manufacturer of that technology.
(3) The value of the 95% confidence interval of the individual measured result determined in accordance with the procedure laid down in the Technical Standards Act on Technical Requirements for Products (2) shall not exceed, at the specific emission limit level, the following percentages of the specific emission limit: 10% for Carbon monoxide, 20% for Sulphur Oxide, 20% for Nitrogen Oxides, 20% for Ammonia, 30% for Solid Pollutants, 30% for Total Organic Carbon, 40% for Hydrogen Chloride, 40% for Hydrogen Fluoride, 40% for Sulfur, 40% for Sulphur and 40% for Mercury. For stationary sources treating waste, this emission limit is the daily emission limit.
(4) The determination of the level of pollution by continuous measurement of emissions, as determined by the Regional Authority in the permit of operation pursuant to Article 12 (4) of the Act, shall be carried out for a pollutant with a specific emission limit, for the necessary reference and status values and information on the operational status of the source within the scope of point 6 of Part B of Annex 4 to the Act and for the volume flow of waste gas.
§ 8
Assessment of continuous measurement
(Paragraph 6 (10) of the Act)
(1) The following procedure shall be used to evaluate continuous emission measurement:
(a) from the values measured at intervals of not less than 1 minute, a half-hour average concentration of the relevant pollutant at specified state conditions and a 10-minute average mean of carbon monoxide at stationary sources treating waste shall be calculated as the arithmetic mean of the mean values recorded for at least 20 minutes from the 30-minute interval; the arithmetic mean of the minute mean values recorded for at least 20 minutes from the 30-minute interval shall be taken as a half-hour average, the arithmetic mean of the minute mean values shall be taken as a 10-minute average;
(b) the average daily concentration of the pollutant shall be calculated from half-hour average values and the excess emission limit shall be recorded;
(c) for stationary sources of heat treatment waste, no more than 5 half-hour average values for failure or maintenance of the continuous measurement system per day shall be omitted to obtain valid daily average values;
(d) in order to obtain validated average half-hour and 10-minute average values, the value determined in accordance with the procedure laid down in Article 9 (7) shall be deducted from the measured result. Validated average values and calculated average daily concentration values shall be used only for the assessment of compliance with emission limits in accordance with § 9 (1), (2), (4), (5), (9) and (10).
(2) The following procedure shall be used to evaluate continuous measurement of the volume flow of waste gas:
(a) the values measured at intervals of not less than 1 minute shall be calculated as a half-hour average of the volume flow of waste gas under specified state conditions; the arithmetic mean of the minute mean values recorded for at least 20 minutes from the 30-minute interval shall be taken as a half-hour average; and
(b) the total volume of waste gas under specified state and reference conditions released into the air per day shall be calculated from the half-hour average of the volume flow of waste gas and the daily operating time of the stationary source.
(3) For stationary sources treating waste, conversion to reference oxygen content shall not apply in case of combustion in an oxygen-enriched atmosphere. Where emissions of pollutants are reduced by the cleaning of waste gas on a stationary source of hazardous waste heat treatment, conversion to oxygen content shall be made only if the measured oxygen content during the same period of measurement of pollutants exceeds the relevant reference oxygen content.
(4) Daily and in cases where an obligation is provided for to evaluate compliance with the emission limit at the level of half-hour average mass concentrations, and half-hour results of continuous emission measurement are stored electronically and printed in cases where they document excess emission limit. On the first working day following the end of the calendar year, aggregated results for the calendar year shall be processed, which shall be kept in electronic form.
§ 9
Evaluation of emission limits for continuous measurement
(K § 4 (7) of the Act)
(1) The emission limit for continuous emission measurement on combustion stationary sources, with the exception of stationary heat-treatment sources, is deemed to be met if these conditions are met.
(a) no valid monthly average shall exceed the value of the specific emission limit;
(b) no valid daily average value shall exceed 110% of the value of the specific emission limit or, in the case of combustion stationary sources with a total rated thermal input of up to 50 MW and burning only black coal, no daily average value shall exceed 150% of the value of the specific emission limit; and
(c) no valid half-hour average value exceeds 200% of the value of the specific emission limit.
(2) The emission limit for continuous emission measurement on stationary heat-treatment sources is deemed to be met if these conditions are met.
(a) none of the daily average values in force exceeds the specific emission limits;
(b) none of the applicable half-hour average values shall exceed any of the specific emission limits set for the assessment of all half-hour values or at least 97% of all half-hour average values in the calendar year shall not exceed any of the specific emission limits set for the assessment of 97% of half-hour values;
(c) at least 97% of all daily average values of carbon monoxide concentrations in a calendar year shall not exceed the specific emission limit;
(d) at least 95% of the 10-minute average values or all half-hour average values of carbon monoxide concentrations over a 24-hour period shall not exceed the specific emission limits; for sources where the gas temperature from the combustion process is at least 1 100 ° C for at least two seconds, it may be used to evaluate the 10-minute averages of the seven-day evaluation period; and
(e) for calendar year, no more than 10 valid daily average values are deleted due to failure or maintenance of the continuous measurement system.
The conditions referred to in points (b), (c) and (d) shall apply only to waste incineration plants.
(3) The emission limit for continuous emission measurement on stationary sources using organic solvents is deemed to be met if these conditions are met.
(a) none of the daily average values exceeds the specific emission limits; and
(b) no hourly average shall exceed 150% of the specific emission limit value.
(4) The emission limit for continuous measurement of emissions on stationary sources producing titanium dioxide is deemed to be met if no valid value at the averaging time level set out in Parts 5.2.9 and 5.2.10 of Annex No 8 to this Regulation exceeds the emission limit set here.
(5) For stationary sources other than those referred to in paragraphs 1 to 4, the emission limit shall be deemed to have been met if the following conditions are met at the same time:
(a) no annual average concentration, specific production emissions or other parameter to which the emission limit is expressed shall exceed the specific emission limit;
(b) no daily average concentration value exceeds 120% of the specific emission limit value; and
(c) no valid half-hour average concentration shall exceed 200% of the specific emission limit.
(6) The values relevant for assessing compliance with the emission limit shall not include data found at the time the stationary source is put into service, at the time it is shut down or when the failure or accident is removed. The length of the permissible duration of these conditions shall be indicated in the operating schedule. The start and end of cycles of stationary sources with periodic, interrupted or batch production methods shall not be considered as putting into service and decommissioning.
(7) When assessing compliance with emission limits, the validated values referred to in paragraphs 1 (a) to (c), 2 (a) to (d), 4, 5 (a) to (c) and 9 and 10 shall be considered as the average values referred to in paragraphs 8 (1), 20% for nitrogen oxides, 20% for ammonia, 30% for solid pollutants, 30% for total organic carbon, 40% for mercury, 40% for hydrochloric acid, 40% for fluorine, 40% for sulphate and 40% for sulphur. For measured results higher than the emission limit, the above percentage of the specific emission limit shall be deducted. For stationary sources treating waste, this emission limit is the daily emission limit.
(8) In assessing compliance with the emission limit, account shall not be taken of continuous measurement outages unless 5% of the total operating time of the stationary source in the calendar year. This does not apply to stationary sources of heat treatment waste.
(9) The emission limit set for the combustion stationary source on the basis of the conclusions on best available techniques shall be deemed to be met if none of the average values exceeds the specific emission limit and the relevant percentage of the specific emission limit set out in the permit for operation in a manner that ensures at the same time that the conditions referred to in paragraph 1 for the values of the specific emission limits set out in Annex 2 to this Regulation are met. In the case of pollutants for which the specific emission limits are not set out in Annex 2 to this Regulation, the emission limit set for the combustion stationary source shall be deemed to be met on the basis of the conclusions on best available techniques, unless any of the average values exceeds the specific emission limit or, where appropriate, the relevant percentage of the specific emission limit set in the operating permit for the time periods. Where time periods are not specified in the operating permit, those indicated in the best available techniques conclusions shall apply.
(10) In order to assess compliance with the specific emission limit set for a stationary source on the basis of the best available techniques conclusions, the periods referred to in those BAT conclusions shall be used instead of the periods referred to in paragraph 5, using the reference conditions set out therein, from the date of validity specified in the operating permit. If, in such cases, a specific emission limit is defined only as an annual average, at the same time no valid daily average concentration value under the reference conditions shall exceed 120% of the specific emission limit value.
(11) The values relevant for the assessment of compliance with the emission limit shall not include data found at the time of emission measurement which is carried out in accordance with a permit under another legislation6) in order to obtain information on the level of pollution to determine the conditions of operation. The permitted duration of this condition shall not exceed 24 hours per calendar year.
(12) Where the regional authority provides for continuous emission measurement of pollution levels in the permit, it shall also specify the conditions and the method for assessing compliance with the specific emission limit if different from those referred to in paragraphs 1 to 11.
§ 10
Method of detection of smoke darkness
(K § 4 (7) of the Act)
(1) The Ringelmann scale shall be used to detect the darkness of smoke, consisting of 6 square fields formed by a rectangular net of black lines of thickness and density of the net on a white background corresponding to the following degrees of dark smoke:
(a) degree 0 corresponds to 0% of black on a white background with a defined reflectance of 80%;
(b) Grade 1 corresponds to 20% of black on white background;
(c) Grade 2 corresponds to 40% of black on white background;
(d) Grade 3 corresponds to 60% of black on white background;
(e) Grade 4 corresponds to 80% of black on white background,
(f) level 5 corresponds to 100% of black on white background.
(2) Level 5 of the Ringelmann scale is used to verify its optical properties. The black colour used to print the scale shall have a reflectance of 5%.
(3) The following conditions shall be complied with for the validity of the measurement of smoke darkness:
(a) the direction of the smoke trawl coming out of the chimney is approximately at a right angle to the direction of observation;
(b) the background of the smoke trawl consists of scattered sky light during the day; measurements cannot be carried out against the sun, against the installation or surrounding terrain; and
(c) The Ringelmann scale shall be held by the observer in a freely stretched arm so that the net of the individual fields is poured into different degrees of grey.
(4) The Ringelmann scale shall be compared to the smoke train at the point of exit of the chimney smoke and the degree of darkness of the smoke shall be determined. The measurements shall be carried out in steps of 30 determination of the degree of dark smoke at regular half-minute intervals. The length of one reading is 5 seconds. The measurement shall be evaluated as the average darkness of smoke from 30 readings. The evaluation shall not take into account the duration of the putting into service of the combustion stationary source for a maximum period of 30 minutes, unless otherwise specified in the operating permit.
§ 11
Evaluation of compliance with permissible smoke darkness
(K § 4 (7) of the Act)
The permissible darkness of the smoke shall be considered to be observed if the average darkness of the smoke is not darker than Level 2 of the Ringelmann scale or other colours.
§ 12
Method for determining the level of pollution by calculation
(Paragraph 6 (10) of the Act)

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Regulation Information

CitationDecree No. 415 / 2012 Coll., on the permissible level of pollution and its detection and implementation of certain other provisions of the Air Protection Act
Regulation TypeOrder
Author-
CollectionCode of Laws
Date of Promulgation30.11.2012
Effective from01.12.2012
Effective until-
Status Valid
The regulation text is for informational purposes only.
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