Key Benefits:
317. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management, amending the monitoring, reporting and auditing regulation
On the basis of § § 7, 8 and 9 of the Emissions Trading Act, BGBl. I n ° 46/2004, as last amended by the Federal Law BGBl. I No 89/2009, shall be ordered:
The Monitoring, Reporting and Audit Regulation (ÜBPV), BGBl. II No 339/2007, shall be amended as follows:
1. In the table of contents, after the entry to § 9 the following entry is inserted:
" § 9a. Special provisions for the emission measurement of N 2 O " |
2. In § 1 the expression " OJ No. L 299 " through the phrase " OJ No. OJ L 299 of 31 August 2007 S 1, as last amended by Decision 2010 /345/EU, OJ L 299, 16.9.2010, p. No. L 155 of 22 June 2010 S 34, " replaced.
3. § 2 Z 11 and 12 are:
" 11. |
De-minimis fuel/material flows or De-minimis N 2 O-sources: a group of low-emission material streams selected by the holder, which accumulates at most 1 000 tonnes of the annual emissions of fossil CO 2 or CO 2 -equivalent or the cumulated for less than 2% (and in this case up to a maximum total of 20 000 tonnes of fossil CO 2 per year) of the annual CO 2 -total emissions or CO 2 -Equivalents of this Appendix before the deduction of forwarded CO 2 or CO 2 -equivalents are responsible, with the absolute higher value being the decisive factor. |
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12. |
Level: A specific element of a method for determining activity data and calculation factors as well as for the continuous measurement of emissions. The higher the number of the level, the lower the uncertainties associated with this level in determining the emissions. A definition of the individual levels is carried out in Annex 2 . " |
4. In § 2 Z 32, the word order shall be "light heating oil" through the phrase "Hot oil light, heating oil extralcalibrated" replaced.
5. In § 2 Z 37, after the word order "(Monitoring and Reporting Guidelines") the phrase " , as last amended by Decision 2010 /345/EU " .
6. In § 4 (4), the point at the end of Z 5 shall be replaced by an accoration; the following Z 6 and 7 shall be added:
" 6. |
in the case of emission measurements according to § 9 or § 9a significant changes to the plant relating to emissions, greenhouse gas concentrations, exhaust gas flows or other exhaust parameters, in particular when equipment for reducing greenhouse gas emissions is installed or replaced, |
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7. |
Changes in methods for the determination of emissions, including changes in continuous measurement of concentration and exhaust gas flow, or changes in the calculation methodology, which have a lasting effect on the overall uncertainty of emissions. " |
7. In § 5 paragraph 2 Z 7, after the word "Material Flows" the words " or Emission Sources " inserted.
8. In accordance with § 5 (2), the following paragraph 3 is added:
" (3) By way of derogation from paragraph 2, in the case of installations which are monitored in accordance with Section 7 (4), the monitoring concept 2 Z 1 to 4, Z 7, Z 11 and Z 13 must be taken into account and, in addition, the following information shall be included:
1. |
all relevant emission points during normal operation, in the case of limited operation and in the case of non-steady-state operation, driving and downtime operations and failure periods, drawn up in the procedural flow diagram in accordance with § 5 (2) Z 1, |
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2. |
the methodology and parameters used to determine the amount of material used for production (e.g. ammonia) and the maximum quantity of material at full utilization, |
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3. |
the methodology and parameters used to determine the amount of production of pure nitric acid produced, with time reference, |
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4. |
Methodology and parameters used to determine the N 2 O-concentration in the exhaust gas stream from each emission source, measurement range and uncertainty of the method, as well as information on any alternative methods to be used when the concentrations fall out of the measuring range, and to the situations in which: that can make it happen, |
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5. |
Methodology used to determine the exhaust gas flow from each emission source, as well as the measurement range and uncertainty of the method, and, where the value is determined by calculation, information on each monitored exhaust gas flow (Nm 3 /h as half-hourly average value) as well as to the calculation approach, |
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6. |
the method and any calculation formulae used to determine the annual emissions from each emission source; |
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7. |
the deviations from the normal operating conditions, an indication of the potential frequency and duration of such deviations, and an indication of the quantity of N 2 O-emissions under different operating conditions (e.g. failure of the emission reduction devices), |
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8. |
the assessment procedure to demonstrate that the level of uncertainty for the level referred to in Section 4 of Annex 2 is complied with and that the level is reached, |
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9. |
the replacement value, which according to Article 9a (12) or Article 9 (6) has been determined in the event that the instrument fails or is disturbed, |
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10. |
Information on any deviations from the requirements of valid standards, such as EN 14.181, as amended, and where relevant EN ISO 14,956, as amended. " |
9. In accordance with § 7 (3), the following paragraph 4 is added:
" (4) For plants for the production of nitric acid, which have been included in emissions trading in accordance with Article 2 (2) of the ECG, the following shall apply:
1. |
By way of derogation from (1) and (3), the monitoring of N 2 O-emissions from the catalytic oxidation of ammonia or where relevant from procedures for the reduction of NO X -or N 2 O-emissions by means of measurement methodology (par. 1 Z 2), taking into account the requirements according to § 9 (1b). |
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2. |
For CO 2 -emissions resulting directly from the manufacturing process shall be applied in paragraph 1. " |
10. § 9 reads:
" § 9. (1) Continuous emission measurement comprises a series of work steps for determining the value of a quantity by periodic individual measurements, either in situ measurements in the chimney or extractive measurements (positioning of the measuring instrument in the case of a fire). near the chimney); this type of measurement does not include the removal of individual samples from the chimney.
(1a) In order to determine greenhouse gas emissions, which are monitored in accordance with Article 7 (3), the concentration of this gas in the exhaust gas stream and the exhaust gas flow shall be determined, taking into account the provisions of paragraphs 2 to 9.
(1b) For the determination of N 2 O-emissions monitored in accordance with Article 7 (4) (1) (1) shall be the concentration of N 2 O in the exhaust gas stream and the exhaust gas flow itself, taking into account the provisions of paragraphs 2, 5 and 6, and taking into account § 9a.
(2) Existing standards, such as ÖNORM M 9411, ÖNORM M 9412, ÖNORM EN 14181 and ÖNORM EN 15259, are to be applied for the determination of the exhaust gas flow and the greenhouse gas concentration and the evaluation of the emission data. In the absence of appropriate standards, equivalent methods are to be used. In the determination of the exhaust gas flow, Annex 2, section 5 shall be taken into account.
(3) The biomass share of the measured emissions shall be determined on the basis of a methodology based on calculation and shall be deducted from the total measured emissions.
(4) In the case of the emission measurement in accordance with Article 7 (3), the highest level shall always be applied in accordance with Annex 2, Section 3. For the period 2008 to 2012, at least level 2 shall be applied, provided that this is technically feasible.
(5) In the case of emission measurement, the holder has to calculate half-hourly average values ("valid half-hour data") for all parameters of the emission determination, with all the individual values determined in the half-hour concerned being used. If a device is temporarily disturbed or out of service during the half hour in question, the half-hourly average value is calculated on the basis of the remaining individual values of this half hour. If no valid half-hour data can be calculated for a parameter of the emission determination, because less than 66% of the maximum possible individual measurements are available per half hour, substitute values shall be calculated in accordance with paragraph 6.
(6) No valid half-hour data can be calculated for one or more parameters of the emission determination, because the device is calibrated or, respectively, the device is calibrated. disturbed (e.g. interference error) or The holder shall, for each missing half-hourly average value, determine substitute values in accordance with the following scheme:
1. |
Concentrations: Can be used for a parameter measured directly as concentration c (e.g. greenhouse gases, O 2 ) no valid half-hour data is recorded, then a replacement value will be c * subst for the half hour concerned, calculated as follows: |
c...the arithmetic mean of the concentration of the parameter concerned, |
... the best possible estimate of the standard deviation of the concentration of the Parameters.
The arithmetic mean and standard deviation shall be calculated at the end of the reporting period on the basis of the total set of emission data measured during the reporting period. If there is no period of time due to fundamental technical changes within the facility, a representative time frame (as one year as possible) shall be agreed with the competent authority in accordance with § 26 of the ECG. The calculation of the arithmetic mean and of the standard deviation shall be submitted to the independent auditor. |
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2. |
Other parameters (zB Volumetric flow): If no valid half-hour data can be obtained for parameters not measured directly as a concentration, the substitute values for these parameters shall be determined according to the mass balance approach or the energy balance method for The process is calculated. In order to confirm the results, the other measured parameters of the emission determination are used. The mass balance approach or the method of energy balance and the assumptions underlying them shall be clearly documented and shall be submitted to the independent auditor together with the results of the calculation. |
(7) Emission measurements shall be verified by means of flanking emission calculations. For this purpose, the annual emissions of the greenhouse gases in question shall be determined by calculation in accordance with the calculation methods applicable to the activity in question in accordance with § 8, with lower levels (ie. at least, however, level 1).
(8) The holder shall examine any deviations between the results of the emission measurement and the accompanying calculations. If, when compared with the calculation results, it is clear that the measurement results are unsuitable, the owner has to use the flanking calculation.
(9) In the annual emissions report, the holder shall have relevant data, where available, or best possible estimates (proxy values) for activity data, lower calorific values, emission factors, oxidation factors and other parameters used for the purposes of the flanking calculations shall be given. Where necessary, it shall be possible to use laboratory analyses. "
11. In accordance with § 9, the following § 9a and title shall be inserted:
" Special provisions for the emission measurement of N 2 O
§ 9a. (1) In addition to the provisions of § 9, the provisions of para. 2 to 14 shall apply to installations which are subject to supervision in accordance with Section 7 (4).
(2) For each emission source the emissions of which are continuously measured, the total annual emissions shall be the sum of the emissions calculated according to the following formula for all half-hour data:
N 2 O-emissions annual = ∑ (N 2 O-conc. HMW * Exhaust gas flow HMW ) * 10 -9
Where
1. |
N 2 O-emissions annual the total annual emissions of the emission source concerned (in t N 2 O) |
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2. |
N 2 O-conc. HMW the half-hourly average value of the concentration (in mg/Nm 3 ) in the exhaust gas stream, measured during the operation of the installation, and |
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3. |
the exhaust gas flow HMW is to be determined in accordance with § 9 (2). |
(3) The total annual N 2 O-total emissions resulting from all emission sources shall be measured in tonnes and rounded to three decimal places in tonnes of CO 2 -a factor in the greenhouse gas effect of 310 tonnes of CO in the period from 2008 to 2012 2 -equivalents per tonne of N 2 O apply. Total annual total CO generated by all emission sources 2 -Equivalent and possible direct CO 2 Emissions from other sources of emissions are the annual CO generated by the plant 2 -to strike overall emissions and to take account of the reporting in accordance with § 8 of the ECG and the issuing of certificates in accordance with § 18 of the ECG.
(4) For each emission source the emissions of which are continuously measured, the annual hourly average value shall be calculated by dividing the total annual emissions by the operating hours per year and expressed in kilograms/h.
(5) In the case of the emission measurement in accordance with Article 7 (4) Z 1, the total uncertainty of the annual hourly average value as referred to in paragraph 4 shall always apply to the highest level in accordance with Annex 2, Section 4. Only if the owner of the competent authority proves, in accordance with § 26 of the ECG, that the application of the highest level is not feasible for technical reasons or leads to disproportionately high costs, the next lower level can be used . For the period 2008 to 2012, at least level 2 shall be applied, provided that this is technically feasible.
(6) For each emission source the emissions of which are continuously measured, the N 2 O-concentration in the exhaust gas stream (as a half-hourly average) to be determined by continuous measurement at a representative site.
(7) Insofar as the emissions from a device for the reduction of N 2 O-emissions are mitigated or a device to reduce NO X emissions, the continuous emission measurement according to paragraph 6 is to be carried out in any case according to this device. The applied techniques must be capable of the N 2 O-concentrations of both minated and undiminished emissions, e.g. when emission reduction devices fail and the concentrations rise, to measure from all sources. If the uncertainty in such failures increases, these are to be taken into account in the uncertainty assessment.
(8) As far as required in accordance with § 9 (2), measurements of the oxygen concentrations in the exhaust gas shall be carried out, with valid standards to be applied. In the absence of appropriate standards, equivalent methods are to be used. The uncertainty of O 2 -Concentration measurements are in the determination of uncertainty in N 2 O-emissions should be considered.
(9) All measurements referred to in paragraphs 6 to 8 and section 9 (2) shall be based on dry gas under normal conditions, or to report.
(10) Production rates are calculated on the basis of daily production reports and operating hours.
(11) Valid half-hourly average values are to be calculated in accordance with § 9 (5)
1. |
the N 2 O-concentration in the exhaust gas; |
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2. |
the total exhaust gas flow as far as it is directly measured; |
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3. |
all the gas flows and oxygen concentrations required for the indirect determination of the total exhaust gas flow. |
(12) In the case of missing data, section 9 (6) shall apply. If data are missing due to the failure of an emission reduction device or, during a failure of the measuring device, it may not be sufficiently substantiated that the emission reduction device was in operation, it must be assumed that the emission control device has been in operation. emissions during the half hour in question were undiminished. Corresponding replacement values shall be calculated. In order to ensure this, the failure of the emission reduction device or the emission reduction device must be the measuring device is clearly identified by automatically set identifiers which are logged in the emission value calculator.
(13) The holder shall take all practical steps to ensure that the equipment for continuous emission monitoring shall not fail in any calendar year for more than one week. Should this occur, the holder shall immediately inform the competent authority in accordance with § 26 of the ECG and define improvement measures.
(14) The proprietor has to carry out accompanying calculations for the confirmation of emission values and calculation methods, eg, on the basis of activity data and emission factors, and any deviations between the results of the emission measurement and the emission factors. flanking calculations.
(15) The holder may be responsible for monitoring and reporting De-Minimis N 2 O-sources use its own level-independent estimation method. "
12. The following sentence shall be added to Article 10 (1):
"For the monitoring of emissions using standard or mass balance sheets, paragraphs 2 to 12 shall be taken into account."
13. The heading to § 14 reads:
"Requirements for sampling (calculation factors)"
14. § 15 (1) reads:
" (1) Analyzes for the determination of computational factors, calibrations and tests of continuous emission meters shall be carried out by accredited laboratories in accordance with § 2 Z 1. The holder may allow the analyses to be carried out by another laboratory, provided that he can demonstrate to the competent authority in accordance with § 26 of the ECG that the laboratory meets the requirements laid down in paragraph 2 and carries out the control measures in accordance with paragraph 3. "
15. In accordance with § 15 (4), the following paragraph 5 is added:
"(5) Paragraph 4 shall not apply to installations which are monitored in accordance with Section 7 (4)."
16. In § 17 para. 2, first sentence, the words "pursuant to § 2 Z 2" by the words "or to third parties" replaced.
17. In accordance with § 17 (5), the following paragraph 6 is added:
" (6) If the emissions of an installation are determined by measurement in accordance with § 9, the CO 2 -Total emissions prior to the transmission of CO 2 to another facility or to a third party. Paragraph 2 shall apply. "
18. § 18 (7) reads:
" (7) For methodologies based on emission measurement, the owner of the competent authority must provide proof of the uncertainty of the measuring method and of a measurement method according to § 26 ECG for the justification for applying the measurement methodology in accordance with § 7 (3). alternative calculation methods. Proof of the uncertainty of the measurement method shall be carried out in accordance with paragraph 9. The evaluation of the method of calculation, rather than using the measurement methodology, shall be carried out in accordance with the provisions of paragraphs 2 to 6. "
19. In accordance with § 18 (7), the following paragraphs 8 to 10 are added:
" (8) For emission measurements of N 2 In accordance with Section 26 of the ECG, the owner of the competent authority shall provide proof of the uncertainty of the measurement methodology. The proof shall be carried out in accordance with paragraph 9. For the calculation of the total uncertainty according to § 9a (5), N 2 O-concentrations used in accordance with § 9a (6). For the sole purpose of uncertainty calculation, N 2 O concentrations of less than 20 mg/Nm 3 with a default value of 20 mg/Nm 3 replaced.
(9) In order to demonstrate the uncertainty of the measurement methodology referred to in paragraphs 7 and 8, the holder shall document the quantitative results of a more comprehensive uncertainty analysis, taking into account the following EN 14.181:2004 Insecurity sources shall be taken into account:
1. |
the specified uncertainty of the equipment for continuous measurements, including sampling, |
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2. |
the uncertainties associated with the calibration and |
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3. |
Other uncertainties related to the way in which the monitoring instruments are applied in practice. |
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The suitability of the measuring method should be demonstrated taking into account EN ISO 14.956:2002 or equivalent procedures. |
(10) The provisions of paragraphs 4 and 6 shall not apply to installations which are monitored pursuant to Article 7 (4) (1) (1). "
20. In accordance with section 19 (7), the following paragraph 8 is added:
" (8) In addition to the provisions referred to in paragraphs 1 to 7, the following shall apply to N 2 O-emission measurements according to § 7 para. 4 Z 1 for quality assurance:
1. |
The quality assurance of continuous measurement of the N 2 O-and the oxygen concentration shall be carried out in accordance with the requirements of the standard EN 14.181:2004; |
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2. |
the installed measuring instruments shall be checked regularly, at least annually, for their function, and shall be calibrated by means of parallel measurements every three years, taking into account EN 14.181 in the current version; |
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3. |
to the extent that emission limit values are used as a basis for the calibration of the devices for continuous emission monitoring, and for N 2 O or O 2 no emission limit values exist, the annual average of the half-hour concentration shall be used as an approximate value for the emission limit value; |
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4. |
The QAL 2 level shall be unwound in addition to the measuring gas with suitable reference gases in order to ensure the widest possible calibration range; |
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5. |
if the uncertainty in the measurement of the exhaust volume flow significantly contributes to the overall uncertainty, the measuring device for measuring the exhaust gas flow volume is different from Z 2 per year, or in the context of the maintenance of the device, depending on the the time that occurs earlier, to calibrate; |
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6. |
In the case of internal audits, it is established that EN 14.181 has not been complied with in the current version or that a recalibration is to be carried out, this shall be communicated immediately to the competent authority in accordance with Section 26 of the ECG. " |
21. In accordance with Article 25 (6), the following paragraph 7 is added:
" (7) In the case of emission measurements according to § 7 (4) Z 1, the test shall be taken into account in the examination:
1. |
The correct application of the standards EN 14.181 in the current version and (as far as relevant) EN ISO 14,956 in the current version; |
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2. |
Calculation approaches and calculation results, to the extent that missing data have been replaced by calculation data; |
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3. |
the plausibility of calculated substitute values and measured values; |
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4. |
Accompanying calculations according to § 9a (14) for the confirmation of emission values and calculation methods, for example, on the basis of activity data and emission factors. " |
22. The name of Annex 2 is:
"Annex 2 (to § § 7, 8, 9, 9a, 12, 13 and 18)"
In Annex 2, the following sections 4 and 5 together with headings shall be added in accordance with Section 3:
" Section 4: Levels for continuous emission measurement of N 2 O
If emissions are determined by emission measurement according to § 7 (4) Z 1, the following levels shall be used:
Level |
1: For each emission source, a total uncertainty of less than ±10.0% shall be achieved for the annual hourly average value of the emissions. |
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Level |
2: For each emission source, a total uncertainty of less than ±7.5% shall be achieved for the annual hourly average value of the emissions. |
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Level |
3: For each emission source, a total uncertainty of less than ±5.0% must be achieved for the annual hourly average value of emissions. |
Section 5: Methods for the determination of the exhaust gas flow
Method A is to be used in the preparation of nitric acid. If method A is not technically feasible or if the holder proves that the same or higher accuracy is achieved with method B or C, method B or C may be used, provided that the latter is carried out by the competent authority in accordance with § 26 The ECG has been approved as part of the audit of the monitoring concept and the methodology provided for in it. For all other emission measurements, either method B or C shall be applied.
Method A (production of nitric acid):
The exhaust gas stream is calculated according to the following formula:
V Exhaust gas flow = V Air * (1-0,2095)/(1-O 2 , exhaust gas)
where:
V Exhaust gas flow = exhaust gas flow in m 3 per half hour under normal conditions,
V Air = Total inflow of air in m 3 per half hour under normal conditions,
O 2 , exhaust gas = volume fraction O 2 in exhaust gas.
V Air is calculated as the sum of all the air flows that are supplied to the nitric acid plant.
where the following formula is to be applied:
V Air = V prim + V sec + V Lock
where:
V prim = primary supply air current in m 3 per half hour under normal conditions,
V sec = secondary supply air current in m 3 per half hour under normal conditions,
V Lock = reverse air flow in m 3 per half hour under normal conditions.
V prim is determined by continuous measurement of the air flow prior to mixing with ammonia.
V sec is determined by continuous air flow measurement, for example, in front of the heat recovery unit.
V Lock is equivalent to the barrier air stream used in the nitric acid production process.
For inflows of air, which account for less than 2.5% of the total air flow, the competent authority may, in accordance with Article 26 of the ECG, accept the estimation methods proposed by the holder on the basis of best practice, in order to determine this rate of air flow.
The holder shall, on the basis of measurements under normal operating conditions, indicate that the measured exhaust gas flow is sufficiently homogeneous to allow the use of the proposed measurement method. If the exhaust gas flow in the course of these measurements is not homogeneous, then this shall be taken into account in deciding on appropriate monitoring methods and in calculating the uncertainty in the N 2 O-emissions should be considered.
All measurements are taken on dry gas or reports.
Method B
The exhaust gas flow is calculated according to a mass balance approach, whereby all decisive parameters, such as in particular application material loads, supply air flow, process efficiency, as well as the process meal output, output, O 2 -Concentration, SO 2 -and NO X concentrations are taken into account.
Method C
The exhaust gas flow is determined by continuous measurement of the flow rate at a representative measuring point. "
24. In Annex 3, before the first sentence, the name shall be: "1." inserted.
25. In Annex 3, Z 2, the point at the end of the lit. o; the following lit. p to r are added:
" p. |
Petrolcoke |
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q. |
Raffineriegas |
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R. |
Biogas. " |
26. In Annex 5, Section 1, Z 4, after the words "pursuant to § 7 (1) Z 2" the words " or Section 9 (1a) Insert.
27. In Annex 5, Section 1, the following Z 8 shall be added after Z 7:
" 8. |
For each source with N 2 O-emission measurements according to § 7 (4) (1) and (1) Section 9 (1b) is monitored: |
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a. |
Indication of the total emissions in tonnes N 2 O per year (with three decimal places) and in tonnes of carbon dioxide equivalent per year, |
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b. |
Indication of the annual operating time of the process unit and the total operating time of the installation, |
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c. |
Indication of the production data for each production unit and the method of determining the quantity of products; |
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d. |
the measurement criteria used for the quantification of each parameter, |
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e. |
the uncertainty of each measured parameter (including gas concentrations, exhaust gas flow) and the resulting total uncertainty, |
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F. |
Information on any equipment disruptions that affect emissions and emissions or emissions Have affected exhaust gas flow measurements and calculations, including the number of faults, the half hours concerned, the duration and the data of the disturbances, |
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g. |
Information on the cases in which the provisions of Section 9a (12) or Section 9 (6), including the number of such cases, the half-hours concerned, the calculations made and the substitute values used, |
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h. |
for the accompanying calculations according to Article 9a (14) for the control of the N 2 O-annual data used. " |
28. Annex 5, Section 2, Z 2 is:
" 2. |
The emissions shall be rounded in the form of tonnes of carbon dioxide or in the case of emission measurements of N 2 O in the form of tonnes of carbon dioxide equivalent and in the form of tonnes N 2 O (with three decimal places). " |
29. In Annex 6, Z 1 shall be preceded by the following sentence:
" In the case of measurement of N 2 O are the values in CO in the case of the Z 1 to 3 2 and CO 2 -equivalents. "
Berlakovich