Decree No 696 / 2004 Coll.

Order laying down the procedure for the detection, reporting and verification of greenhouse gas emissions

Valid Effective from 31.12.2004
696
DECLARATION
of 21 December 2004
laying down the procedure for the detection, reporting and verification of greenhouse gas emissions
According to Section 24 (c) of Act No. 695 / 2004 Coll., on the terms of greenhouse gas emission allowance trading and amending certain laws, hereinafter referred to as "the Act":
§ 1
Subject matter
This decree sets out, in accordance with the law of the European Communities (1), the procedure for detecting, reporting and verifying the reported amount of greenhouse gas emissions from installations under Article 7 of the Act, namely emissions from routine operations, from irregular events, in particular hauling, weaning and emergency situations occurring during the survey and reporting periods. In the case of installations under Section 5 (2) of the Act, the provisions of this Decree shall apply to those installations where the threshold is exceeded for at least one of the activities referred to in Annex 1 to the Act.
§ 2
Basic concepts
For the purposes of this Order
(a) bet - means the quantity of fuel or material corresponding to one load which is continuously delivered over a specified period of time;
(b) biomass - means for the detection, reporting and verification of greenhouse gas emissions of non-fossil organic material of biological origin (plants, animals, micro-organisms), products and waste from agriculture or forestry, non-fossil substances of biological origin constituting industrial or municipal waste, as well as gases and liquids resulting from the degradation of non-fossil organic material of biological origin;
(c) biomass content - the mass fraction of carbon of biological origin relative to the mass of total carbon (both biological and fossil) in the mixed fuel;
(d) biomass fuel means for the detection, reporting and verification of greenhouse gas emissions of biomass incinerated for energy purposes;
(e) combustion emissions - means emissions resulting from an exothermic oxygen fuel reaction;
(f) process emissions - means emissions other than those resulting from combustion arising from reactions between or through chemical substances, including chemical or electrolytic reduction of metal ores, thermal degradation or the formation of substances for use as a product or raw material;
(g) accuracy levels - means the degree of accuracy when determining active data, emission factors and oxidation or conversion factors;
(h) detection procedure - means the procedure for determining emissions by direct measurement or calculation as well as by selecting a level of accuracy;
(i) reporting period - means the calendar year in which the emissions are collected and reported;
(j) emission reporting - means a statement of greenhouse gas emissions,
(k) activity data - means information on material flows, fuel consumption, input raw material or output product, expressed either as energy content [TJ] determined by calorific value in the case of fuel or as material input or output [t or m3] in other cases;
(l) emission factor - means carbon-based factors in fuels or input material, expressed in tCO2 / TJ for combustion emissions and in tCO2 / t or tCO2 / m3 for process emissions;
(m) source - means the specific process or location where the installation emits greenhouse gases.
Emission detection
§ 3
Method of detection
(1) Emissions may be determined using a calculation-based procedure (hereinafter referred to as "calculation") or a measurement-based procedure (hereinafter referred to as "measurement") or a combination of both methods in the case of the determination of emissions from different sub-sources falling under one installation. This combined determination shall ensure that emissions are not omitted or double-counted. The proposed procedure and its detailed description are part of the application for authorisation for greenhouse gas emissions under Section 4 of the Act. Measurement may be proposed only if the conditions set out in Paragraph 5 (1) are met.
(2) The description of the survey procedure for the installation shall include:
(a) precise identification of the installations and activities carried out therein for which emissions will be monitored;
(b) an overview of the responsibilities for the detection and reporting within the installation;
(c) the list of individual (sub) sources and relevant fuels and substance streams to be collected;
(d) an inventory of the levels of accuracy (Section 9) applied to active data, emission factors, oxidation or conversion factors for each of the sub-sources, the type of fuel or, where applicable, the product produced or its source;
(e) a description of the type, specification and precise location of the measuring equipment used for each sub-source, fuel or material used;
(f) a description of the approach used for the sampling of fuel or material for the determination of calorific value, carbon content, emission factors and biomass fraction of fuel for each sub-source, fuel or material;
(g) a description of the intended analytical procedures for determining calorific value, carbon content, emission factors and biomass share of fuel for each sub-source, fuel or material;
(h) a description of the continuous emission measurement system, if used to identify the sub-source, i.e. the measuring point, the frequency of measurements, the instruments used, calibration procedures, data collection and adequate data quality control;
(i) a description of the standard control procedures ensuring data quality;
(j) information on the relevant links with the activities carried out in the framework of the management and audit of the environment where such activities are carried out.
§ 4
Amendment of the survey procedure
An amendment to the procedure requiring a change to the terms of the permit under Article 6 of the Act shall be deemed to be
(a) a change in the availability of data in favour of greater accuracy in the determination of emissions;
(b) the creation of an existing emission;
(c) the discovery of an error in the existing survey methodology.
§ 5
Measurement
(1) Measurement of emissions by continuous measurement systems for each sub-source may be proposed using a standardised and pan-European accepted method (CEN, ISO, CSN standards), provided that an analysis of the uncertainties referred to in Article 19 (1) is provided at the same time and it is demonstrated that:
(a) the measurement reliably provides more accurate results than the calculation of the applying combination of highest precision levels;
(b) the comparison of measurement and calculation is based on an identical list of sources and emissions.
(2) For each reporting period, the compliance of the measured values with the values calculated in accordance with this Decree shall be confirmed. For the validation calculation, the level of accuracy of the calculation required by this decree for the type of resource shall be used.
(3) Only standard measurement procedures in order CEN, ISO, CSN shall be used for the determination of CO2 concentrations and for the determination of the volume flow of flue gases or other input gas.
(4) For measuring equipment, its functionality and behaviour, including:
(a) time responses;
(b) linearity;
(c) interference;
(d) the shift of the zero line and span;
(e) accuracy compared to the reference method.
(5) The measured emissions of biomass CO2 are deducted on the basis of the calculation and reported separately as a separate item.
§ 6
Calculation
(1) CO2 emissions shall be calculated as the product of the active data, the emission factor and the oxidation or conversion factor, unless the specific calculation set out in Annexes 8 to 17 to this Regulation is used.
(2) CO2 not emitted from the installation but transferred elsewhere as a pure substance, as a fuel component or as an input for the chemical or paper industry shall be deducted from the calculated emission level and reported separately as a separate item. In particular, CO2 transferred shall mean:
(a) pure CO2 used for the carbonisation of beverages;
(b) pure CO2 used as dry ice;
(c) pure CO2 used as a extinguishing medium, a cooling medium or for laboratory purposes;
(d) pure CO2 used as a solvent in the food and chemical industries;
(e) CO2 used as raw material in the chemical or paper industry;
(f) CO2 which is part of the fuel exported outside the installation.
(3) The CO2 represented as part of the fuel mixture which is being introduced to the installation is included in the emission factor of that fuel and is reported as emissions in that installation where the fuel containing CO2 is being burned.
(4) Captured and stored CO2 shall not be included in the emissions of the installation.
§ 7
Emissions from combustion
(1) For combustion emissions, active data are based on fuel consumption. The amount of fuel is expressed in terms of energy content in TJ. The emission factor is expressed in t CO2 per TJ. During the combustion, the bulk of the carbon contained in the fuel shall be oxidized to CO2, and the part of carbon may remain unoxidized in ash or form soot, which shall be taken into account by the oxidation factor expressed as the fraction of the oxidized carbon, when its maximum value is equal to one. If the emission factor contains an oxidation factor, the oxidation factor is no longer expressed. The CO2 emissions expressed in tonnes shall be calculated as the product of fuel consumption in TJ, the emission factor expressed in t CO2 per TJ and the oxidation factor.
(2) Details of the method of calculation are given in Annex 8 to this Decree.
§ 8
Process emissions
(1) In the case of process emissions, active data based on raw material consumption, enforcement or produced product are in tonnes or m3. The carbon contained in the feedstock which is not converted into CO2 during the process is considered in the conversion factor expressed as a fraction. If all carbon in the raw material is converted into CO2, the conversion factor is equal to one. If the conversion factor is included in the emission factor, the conversion factor is no longer expressed. The quantity of input material shall be expressed either by mass or by volume. The CO2 emissions expressed in tonnes shall be calculated as the product of the active data expressed in tonnes or meters of cubic, emission factor expressed in t CO2 per tonne or per cubic metre of cubic and conversion factors.
(2) Details of the method of calculation are given in Annexes 8 to 17 to this Decree.
§ 9
Tier
(1) The level of accuracy is used to determine variables which are active data, emission factors, oxidation or conversion factors. The increasing number of the level of accuracy means higher accuracy; in the case of the same level of accuracy using different approaches, these approaches are distinguished by letters. In the case of the use of alternative procedures marked with the same number and different letters, a change of procedure may be made if it is demonstrated that this change will lead to an increase in accuracy.
(2) The highest level of accuracy must be preferred for the calculation from all sources of the installation and for all variables in the calculation samples. A lower level of accuracy for the relevant variables under the detection procedure may be used only if it is demonstrated that the highest level of accuracy is not technically feasible or requires excessively high costs.
(3) The use of different levels of accuracy for individual variables is part of the description of the procedure according to § 3. Lower precision levels are taken into account where there are less significant sources or less significant fuel flows. Less significant sources are those where emissions do not exceed 2,5 kt or those which do not together contribute more than 5% of total emissions. The lowest level of accuracy may be applied to least significant sources whose emissions do not exceed 0,5 kt or do not contribute to the total emission of more than 1%. For clean biomass fuels, lower precision procedures are taken into account, unless emissions thus calculated are deducted from emissions determined on the basis of continuous measurement.
(4) If the prescribed accuracy levels cannot be applied to temporary technical problems, the highest achievable accuracy level shall be applied until the return to its original state is achieved. The temporary amendment shall be reported to the Ministry of the Environment without delay, stating the reasons for the change.
(5) Changes in the accuracy levels referred to in paragraph 4 shall be fully documented. The gaps in the data caused by the loss of measuring equipment shall be minimised using the document used for integrated prevention (2). Where there is a change in the accuracy levels within the reporting period, the results for the affected activities shall be taken into account and reported in separate emission reporting sections for both parts of the reporting period, i.e. for the period before and after the change in the tier.
(6) The table in Annex 1 to this Decree gives an overview of the required emission levels for the different types of activities referred to in Annex 1 to the Act.
§ 10
Active data
(1) If the active data required for the calculation of emissions cannot be measured directly before the entry into the process and if this decree does not provide otherwise, it is to be established as a relationship with changes in stocks
Material C = Material P + (Material S - Material E) - Material O,
where Material C is the material processed during the reporting period
Material P is the material purchased during the reporting period
Material S is material stored at the beginning of the reporting period
Material E is material stored at the end of the reporting period
Material O is the material used for other purposes (transported elsewhere or sold).
(2) In cases where this is not technically feasible or would lead to disproportionate costs in determining S material and E material by measurements, these two values can be estimated on the basis of previous year's data and correlation with production over the reporting period and documented by supporting and documented calculations and with relevant phonogram statements. The determination of all other values having an effect on the choice of the level of accuracy shall be carried out in accordance with the methodological instructions set out in Annexes 8 to 17 to this Regulation.
(3) The guide for selecting an appropriate level of accuracy for active data is an informative table with the error range for different measuring devices under steady-state measurement conditions set out in Annex 2 to this Regulation. The table gives an overview of the error ranges of typical measurement devices for measuring fuel or material flows.
§ 11
Use of emission factors
(1) The emission factor per unit of mass, i.e. tCO2 / t, may also be used in the case of fuel, provided that it is shown that this will achieve a consistently higher accuracy than the standard energy-related emission factor contained in the fuel, i.e. tCO2 / TJ.
(2) For the conversion of carbon into carbon dioxide, a coefficient of 3,667 [t CO2 / t C] shall be used, considering the rounded relative atomic mass of 12 for carbon and 16 for oxygen.
(3) The application of higher accuracy levels with higher accuracy requirements can only be subject to the rules set out in Sections 13 to 16.
(4) The reference emission factors for tier 1 are set out in Annex 3 to this Decree. If the fuel does not belong to one of the categories of fuels listed in this Annex, the fuel shall be classified in one of the related categories of fuels according to an expert estimate.
(5) Emission factor means for:
(a) biomass - emission factor 0. Biomass is considered to be CO2 neutral, so there is no inclusion of CO2 emissions from biomass. The list of materials considered as biomass is set out in Annex 4 to this Decree,
(b) wastes containing fossil carbon and used as fuels - emission factors are not established, the derived values shall be used according to the rules set out in Sections 13 to 16;
(c) fuels or materials containing fossil or non-fossil carbon - a weighted emission factor based on the representation of fossil carbon in total carbon (fossil + biogenic). This calculation must be transparent, duly documented and in accordance with the rules set out in Sections 13 to 16.
(6) All relevant information relating to emission factors, including information sources and fuel analysis results, input or output material, shall be properly documented and the relevant documentation shall be stored in case of inspection.
§ 12
Use of oxidation and conversion factors
(1) The oxidation or conversion factor shall be applied in those cases where the emission factor does not take into account the fact that part of the carbon remains unoxidised.
(2) The calculation is governed by the rules set out in Sections 13 to 16.
(3) Where different fuels or materials are used inside the installation and technologically specific oxidation factors are calculated, one aggregated oxidation factor may be determined or an incomplete oxidation may be assigned to only one fuel or material stream and for others the value of factors equal to one.
(4) All relevant information concerning oxidation and conversion factors, including information sources and fuel analysis results, input or output material, shall be duly documented and the relevant documentation shall be stored in case of inspection.
§ 13
Determination of calorific value and emission factors for fuels
(1) The use of the procedure for determining the technologically specific emission factors, including the sampling procedure for specific fuels, is provided in the description of the procedure under Section 3.
(2) The procedures applied to the sampling of fuel and to the determination of its calorific value, carbon content and emission factor, in particular sampling frequencies, sampling procedures, determination of calorific value and calorific value or carbon content for different types of fuels, are based on the appropriate CEN standards. In the absence of CEN standards, ISO or national CSN standards shall apply. Where there are no applicable standards, procedures may be carried out according to the draft standards or the best available industrial guidelines. When sampling for a given bet, the requirement of representativeness shall be respected.
(3) For the determination of emission factors, carbon content and calorific value, laboratories accredited according to EN ISO 17025 shall be used.
(4) In order to achieve the appropriate accuracy of the technologically specific emission factors and the accuracy of the analytical procedure for determining the carbon content and calorific value, account shall be taken of sampling frequency factors, sampling procedures and sample preparation, while respecting generally accepted practices for representative sampling. It shall be demonstrated that the determined carbon content, calorific value and emission factors are sufficiently representative and are not subject to a systematic error.
(5) The emission factors determined shall only be applied to those fuel deposits that have been found to be representative. The full documentation of the procedures used in the relevant laboratory for determining the emission factor, including the full set of results, shall be kept and made available to the person holding the authorisation decision under a specific legislation (hereinafter referred to as "the authorised person ') 3.
§ 14
Determination of technological-specific oxidation factors
(1) The use of a specific procedure for the determination of technological-specific oxidation factors, including sampling procedure for a specific type of fuel and equipment, is given in the description of the procedure provided for in Section 3.
(2) The procedures applied to fuel sampling and to determine its technological-specific oxidation factors, in particular the determination of carbon content in soot, ash and waste, are based on appropriate CEN standards. In the absence of CEN standards, ISO or national CSN standards shall apply. When sampling for a given bet, the requirement of representativeness shall be respected.
(3) For the determination of emission factors, carbon content and calorific value, laboratories accredited according to EN ISO 17025 shall be used.
(4) In addition to the actual determination of oxidation factors for fuel input, generally accepted practices for representative sampling shall be observed and derived oxidation factors which are not sufficiently representative and are burdened with a systematic error shall be excluded.
(5) Determined oxidation factors shall be used only for those fuel injections that have been found to be representative. The full documentation of the procedures used in the relevant laboratory for determining the emission factor, including the full set of results, shall be kept and made available to the authorised person.
§ 15
Determination of emission factors for non-combustion processes and compositional data
(1) The use of a specific procedure for the determination of technological-specific emission factors, including the sampling process, is given in the description of the procedure provided for in Section 3.
(2) The procedures applied to the sampling and determination of the composition of the material or the emission factor derivation process are based on the appropriate CEN standards. In the absence of CEN standards, ISO or national CSN standards shall apply. When sampling for a given bet, the requirement of representativeness shall be respected.
(3) For the determination of emission factors, carbon content and calorific value, laboratories accredited according to EN ISO 17025 shall be used.
(4) In addition to the self-determination of the composition of the material and the emission factors for the given material, generally accepted practices for representative sampling shall be observed and a determined composition or emission factor not sufficiently representative and burdened by a systematic error shall be excluded.
(5) The emission factors determined shall only be applied to those material deposits that have been found to be representative. The full documentation of the procedures used in the relevant laboratory to determine the composition or emission factor, including the full set of results, shall be kept and made available to the authorised person.
§ 16
Determination of biomass ratio
(1) The use of a specific procedure for determining the biomass fraction of specific fuels is given in the description of the procedure under Section 3.
(2) The procedures applied to fuel sampling and biomass determination are based on the appropriate CEN standards. In the absence of CEN standards, ISO or national CSN standards shall apply. The methods applicable to the determination of a fraction of biomass in fuel may vary widely from the manual classification of compounds of composite materials to the differential methods determining the calorific values of binary mixtures and their net constituents to isotopic methods based on carbon analysis 14. When sampling for a given bet, the requirement of representativeness shall be respected.
(3) For the determination of emission factors, carbon content and calorific value, laboratories accredited according to EN ISO 17025 shall be used.
(4) For the determination of the biomass ratio, only those material deposits which were found to be representative shall be used so that the results are not burdened with a systematic error. The full documentation of the procedures used in the relevant laboratory to determine the composition or emission factor, including the full set of results, shall be kept and made available to the authorised person.
(5) Where the determination of the biomass fraction of the mixed fuel is not technically feasible or is burdened with disproportionate costs, the biomass fraction shall be considered as zero in such cases.
Emission detection uncertainty
§ 17
Uncertainty assessment
(1) The uncertainty in emission detection must be kept to a minimum. The maximum permissible uncertainty shall be expressed on the basis of a confidence interval corresponding to a 95% probability level.
(2) The typical values of uncertainties in determining CO2 emissions for activities or sub-sources of different emission power E are set out in Annex 5 to this Decree.
§ 18
Uncertainties in calculation
(1) In the case of the application of a calculation-based procedure, a combination of tiers including uncertainty for each source of the installation shall be proposed in the description of the procedure referred to in Section 3 and shall be indicated in the annual emission report covering all activities and relevant fuel and material flows. The inclusion of combinations of accuracy levels in the emission report is a sufficient statement of uncertainty in the reported emissions.
(2) The permissible uncertainty intended for the measuring equipment in the level system shall include the specified uncertainty of the measuring equipment, the uncertainty associated with calibration and the additional uncertainty resulting from the proper use of the apparatus in practice. The reference border numbers in the level system refer to the uncertainty attributable to the resulting value for the entire survey and reporting period.
(3) The remaining uncertainty in both emission data and emission reporting shall be checked and reduced by standard control procedures ensuring data quality. During the verification process, it shall be checked that the agreed detection procedure is applied properly and the quality of the capture process and the reduction of persistent uncertainties is further evaluated through the correct application of standard control procedures ensuring data quality.
§ 19
Measurement uncertainty
(1) In the case referred to in Article 5 (1), an analysis of uncertainties based on uncertainties originating in:
(a) continuous measurement of concentrations - characteristic uncertainty of the measuring device, uncertainty associated with calibration, additional uncertainty associated with how the measuring device is used in practice;
(b) measurement of the mass or volume flow rate of the output flow at continuous emission detection or verification calculation - characteristic uncertainty of the measuring device, uncertainty associated with calibration, additional uncertainty associated with how the measuring device is used in practice;
(c) the application of the calculation method in determining calorific values, emission and oxidation factors, or the determination of composition data for carrying out the verification calculation and application of the procedure in practice (additional uncertainty).
(2) The quantification of uncertainty resulting from an initial, thorough analysis of uncertainty shall be reported in the emission report. Quantification of this uncertainty in the emission report is a sufficient statement of uncertainty in the reported emissions.
(3) The remaining uncertainty in both emission data and emission reporting shall be checked and reduced by standard control procedures ensuring data quality. During the verification process, it shall be checked that the agreed detection procedure is applied properly and the quality of the capture process and the reduction of persistent uncertainties is further evaluated through the correct application of standard control procedures ensuring data quality.
Reporting of results and retention of information
§ 20
Reporting of survey results
(1) For the reporting of quantitative data, a form shall be used for the reporting of emission survey results, the model of which is set out in Annex 6 to this Regulation. The emission report must be verified in accordance with Section 7 (2) of the Act.
(2) The emission reports include:
(a) data identifying the installation pursuant to Article 5 (3) (c) of the Act and the identification number of the emission permit;
(b) emission totals, the chosen procedure (measurement or calculation), the chosen level of accuracy, active data (for combustion, both the quantity and the energy content of the fuel), emission factors (for combustion, emission factors related to the unit of energy contained in the fuel) and oxidation or conversion factors (non-proportional fraction not exceeding one) for all sources. In the case of mass balance application, mass flows, carbon and energy content shall be reported for each fuel or material current, both input and output, including their inventory,
(c) temporary or permanent changes to the levels of accuracy, the reasons for their changes, the starting date and the final date for temporary changes;
(d) any other changes made to the installation during the monitoring and reporting period which could be relevant to the reporting of emissions.
(3) The information referred to in paragraph 2 (c) and (d) as well as additional information relating to point (b) shall be included in the annual emission report as a normal text, not in the form of tables.
(4) Specific items shall be reported that are not included in the total sum of emissions. This is
(a) the quantity of biomass [TJ] burned or used in processes [t or m3];
(b) the amount of CO2 [t CO2] from biomass where CO2 emissions are determined by measurement;
(c) the amount of CO2 transferred from the installation [tCO2] as well as the indication of the compound in which the CO2 was transferred.
(5) The fuels and the corresponding emissions are reported in accordance with Annex 3 to this Regulation. In addition, different types of waste and emissions resulting from their use as fuels or input material4 shall be reported.
(6) Emissions originating from different sources of one installation belonging to the same type of activity referred to in Annex 1 to the Act may be reported cumulatively and assigned to that activity.
(7) Emissions are reported rounded to a tonne. Active data, emission factors, oxidation or conversion factors shall be rounded to include only significant figures for both calculation and reporting.
(8) Each activity listed in Annex 1 to the Act carried out in the establishment must be identified by both codes listed in Annex 7 to this Decree.
(9) The Emission Report pursuant to Article 7 (1) of the Act is published in accordance with a separate legal provision (5).
§ 21
Preservation of information
(1) Information on the quantity of greenhouse gas emissions detected from the installation shall be kept for at least 10 years after the submission of the emission report pursuant to Article 7 (1) of the Act. The stored data shall be of such scope as to enable verification of the annual emission report submitted by the operator of the installation to be carried out.
(2) The following information shall be retained for the purposes of the calculation:
(a) a list of all sources monitored;
(b) active data used for any calculation of emissions for each greenhouse gas source, broken down by type into combustion emissions fuels and process emissions materials;
(c) documents justifying the selection of the detection procedure and documents justifying temporary or permanent changes to the detection process and the selection of the level of accuracy confirmed in the greenhouse gas permit pursuant to Article 5 of the Act;
(d) documentation of the detection process and the results of the derivation of technologically specific emission factors and relative biomass representation for specific fuels, oxidation and conversion factors;
(e) documentation of the process of collecting active data for installations and their resources;
(f) the active data, emissions, oxidation or conversion factors submitted by the Ministry of the Environment for the national allocation plan for the years preceding the period covered by the emission trading scheme;
(g) documentation of responsibilities in connection with emission detection;
(h) the annual emission report;
(i) any other information that has been identified as necessary for the verification of the annual emission report.
(3) For continuous emission measurement detection, this information shall be retained
(a) documents justifying the choice of measurement as the survey procedure;
(b) the data used to analyse uncertainties for each source of greenhouse gas, broken down into process and fuel combustion emissions;
(c) a detailed technical description of the continuous measurement system including documentation of changes over time and records of tests, failures, calibration, servicing and maintenance carried out;

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Regulation Information

CitationDecree No. 696 / 2004 Coll., laying down the procedure for the detection, reporting and verification of greenhouse gas emissions
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation31.12.2004
Effective from31.12.2004
Effective until-
Status Valid
The regulation text is for informational purposes only.
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