Law 38/1972 of 22 December, on the Protection of the Atmospheric Environment, established in Article 3.1 that the holders of emission-emitting foci to the atmosphere, whatever their nature, are obliged to respect the levels of issuance that the government establishes in advance in general.

Law 16/2002, of July 1, of integrated pollution prevention and control, states in article 7.2 that the Government, without prejudice to the additional protection rules that the autonomous communities dictate, may to set emission limit values for pollutants, in particular for those listed in Annex 3, and for industrial activities falling within their scope.

Decree 833/1975, of 6 February, for which the Law 38/1972, of 22 December, of Protection of the Atmospheric Environment is developed, established the levels of emission of pollutants into the atmosphere of the main activities potentially polluting industrial atmosphere.

Decree 833/1975, of 6 February, has been amended several times, including by Royal Decree 646/1991 of 22 April, establishing new rules on the limitation of emissions to the air certain pollutants from large combustion plants, and by Royal Decree 1800/1995 of 3 November 1995 amending Royal Decree 646/1991 of 22 April 1991 laying down new rules on the limitation of emissions into the atmosphere of certain pollutants from large pollutants combustion plants and the conditions for the control of the emission limits of SO₂ are set in the oil refining activity.

Royal Decree 646/1991 of 22 April 1991 incorporated into the Spanish legal system Council Directive 88 /609/EEC of 24 November 1988 on the limitation of emissions of certain pollutants into the air from large combustion plants.

Royal Decree 1800/1995 of 3 November, in addition to establishing certain conditions for the control of the emission limits of SO₂ in the refining activity, amended Royal Decree 646/1991 of 22 April, by incorporating into Spanish legislation Council Directive 94 /66/EC of 15 December 1994 amending Directive 88 /609/EEC.

Within the framework of the Community Strategy to combat acidification, developed in accordance with the objectives of the Fifth Community Action Programme on the Environment not to overcome critical burdens and levels of certain acidifying agents, the European Parliament and the Council have adopted, in addition to Directive 2001 /81/EC of 23 October 2001 on national ceilings for the emission of certain air pollutants, Directive 2001 /80/EC, 23 October 2001, on the limitation of emissions to the atmosphere of certain pollutants from large combustion plants, which is to be repealed by Council Directive 88 /609/EEC of 24 November 1988, integrating into a single text this Directive and the new requirements for large installations combustion.

Within the scope of the new Directive 2001 /80/EC of the European Parliament and of the Council of 23 October 2001, gas turbines, which are excluded from Directive 88 /609/EEC of the European Parliament and of the European Union, are included with certain exceptions. Council of 24 November 1988, given the significant increase in the use of natural gas to generate electrical energy, either by combined cycles, in individual turbines or in cogeneration systems, and, among the fuels, is included specifically the biomass, in view of a significant increase in energy from this fuel.

Directive 2001 /80/EC sets OS emission limit values₂, NO_x , and particles for new large combustion plants, which are authorized from their application, more stringent than current ones in the Directive 88 /609/EEC, in accordance with a further reduction of emissions, as well as the provisions of Council Directive 96 /61/EC of 24 September 1996 on the prevention and control of pollution, of having a In addition to other considerations, the best techniques available in the setting of emission limits.

As far as existing installations are concerned, which in Directive 88 /609/EEC are considered as a global one and which established for each Member State emission ceilings in certain years, 1993, 1998 and 2003 for the SO emissions₂, and 1993 and 1998 for emissions of NO_x, which should not be exceeded by the total emissions of the existing large combustion plants of those, Directive 2001 /80/EC considers them to be different from 1 January 2008.

By 1 January 2008 at the latest, according to Directive 2001 /80/EC, the large combustion plants in each Member State, at the discretion of each Member State, are allowed two options: either to comply, each of them individually, with emission limit values for SO₂, NO_x and particulates, listed in Annex III to VII (A) of the directive, or the Member State establishing a national emission reduction plan for those, with freedom of action for each individual facility, which will achieve the same reductions in emissions that would be obtained through the previous option. In both cases, compliance with the emission requirements laid down in the Directive may be exempted from those existing installations which are committed in writing to the competent authority of each Member State before 30 June. In 2004, the facility would not be operated for more than 20,000 operational hours from 1 January 2008 until, at the latest, on 31 December 2015.

Spain, by means of this royal decree, the object of which, in its Chapter II and Annexes, is to incorporate the aforementioned Directive 2001 /80/EC of the European Parliament and of the Council of 23 October 2001 into the Spanish legal order, establish a national emission reduction plan for large existing combustion plants, as it allows for greater flexibility in the treatment of such installations. When referring to this royal decree, in Chapter II and Annexes, to large combustion plants, larger than 50 megawatts thermal, it will have an important impact on the power plants, indirectly on the fuels used and, to a lesser extent, in other industrial sectors such as oil refineries.

Oil refineries, on the other hand, since the publication of Decree 833/1975 of 6 February, which developed Law 38/1972 of 22 December, of Protection of the Atmospheric Environment, have increased their complexity, In the case of the European Union, to adapt to the new requirements for refined products, the provisions of the said Decree 833/1975 of 6 February, in relation to those, have generally become obsolete, having been modified some of them by the aforementioned Royal Decree 1800/1995 of 3 November.

On the other hand, given the characteristics of the processes and interconnections between the facilities of an oil refinery, with the possibility of an exchange of fuels between them, it proceeds, in the same way as already done with Royal Decree 1800/1995 of 3 November, replacing the existing general regulation on the emissions of SO₂ from combustion plants by another which considers them globally, amending the provisions of Decree 833/1975, February 6, on concrete combustion plants and regulating OS emissions ₂ of other non-combustion plants, such as the regeneration of catalytic cracking units in fluid bed (FCC) and sulfur recovery units, in the same way as the Real Decree 1800/1995 of 3 November, in the form of performance of those.

In addition, for its updating and homogeneity with the rest of the emission limit values, it should be noted that the levels of emission concentrations, in volumetric form, as referred to in Decree 833/1975, of 6 February, for the facilities of the oil refineries must be considered in the same way as set out in this royal decree in Article 3 (3).

Both the incorporation into the Spanish legal order of Directive 2001 /80/EC, which is carried out in Chapter II and annexes of this royal decree, as the new provisions on emissions in installations of the refineries of Oil, which is carried out in Chapter III, implies an amendment to Decree 833/1975 of 6 February.

In its virtue, on the proposal of the Ministers of Economy, Environment and Science and Technology, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of March 12, 2004,

DISPONGO:

CHAPTER I

General provisions

Article 1. Object and structure.

This royal decree is intended to regulate, in Chapter II and Annexes, emissions into the atmosphere of sulphur dioxide, nitrogen oxides and particulate matter from large combustion plants, as well as, in its Chapter III, certain conditions for the control of emissions to the atmosphere of oil refineries.

Article 2. Scope.

1. Chapter II shall apply to combustion plants with a rated thermal input of 50 MW or more, whichever type of fuel they use (solid, liquid or gaseous).

Chapter II shall apply only to combustion plants intended for the production of energy, with the exception of those which directly use combustion products in manufacturing processes.

In particular, it will not apply to the following combustion plants:

(a) The installations in which combustion products are used for direct heating, drying or any other treatment of objects or materials, for example, reheating furnaces or ovens for heat treatment.

(b) Post-combustion plants, that is, any technical device intended to clean waste gases by combustion which is not operated as an autonomous combustion plant.

(c) Regeneration devices for catalytic cracking catalysts, without prejudice to the provisions of Article 16.

d) The hydrogen sulphide conversion devices in sulphur.

e) The reactors used in the chemical industry.

f) The coke oven batteries.

g) High-oven heat retrievers (cowpers).

h) Any technical device used in the propulsion of a vehicle, ship or aircraft.

i) Gas turbines used in marine platforms.

In addition, installations operated by diesel, petrol or gas engines shall not be subject to the provisions of Chapter II.

2. Chapter III shall apply to certain installations of oil refineries regulated by Decree 833/1975 of 6 February, implementing Law 38/1972 of 22 December on the Protection of the Atmospheric Environment.

CHAPTER II

Large combustion plants

Article 3. Definitions.

For the purposes of this chapter, it is understood by:

(a) Issue: the expulsion into the atmosphere of substances from the combustion plant.

(b) Residual Gases: gaseous removals containing solid, liquid or gaseous emissions; their volumetric flow rate shall be expressed in cubic metres per hour referring to standard temperature (0 ° C) (273 K) and pressure (760 mm Hg) (101,3 kPa), after correction of the water vapour content, hereinafter referred to as "Nm³/h".

(c) emission limit value: the permissible quantity of a substance contained in the waste gases from the combustion plant which can be expelled into the atmosphere for a specified period; it shall be determined by mass per volume of the residual gases, expressed in mg/Nm³, the oxygen content being understood by volume in the residual gas of three percent in the case of liquid and gaseous fuels, of six percent in the case of fuels and 15 percent in the case of gas turbines.

d) Desulphurisation index: the ratio between the amount of sulphur that is not emitted in the air in the combustion plant environment, over a given period, and the amount of sulphur contained in the fuel that is enter the combustion plant installations and be used for the same period of time.

(e) Holder: any natural or legal person who exploits the combustion plant or who is directly, or by delegation, a determining economic power over that installation.

(f) Fuel: any solid, liquid or gaseous fuel that fuels the combustion plant, except for waste falling within the scope of Royal Decree 653/2003 of 30 May 2003 on the incineration of waste.

g) Installation of combustion: any technical device in which combustible products are oxidized in order to use the heat thus produced.

When two or more independent installations are installed in such a way that their waste gases are ejected by the same chimney or, in the opinion of the competent authority and taking into account technical and economic factors, may be expelled by the same chimney, the resulting combination of such installations shall be considered as a single unit.

h) Mixed heat: any combustion plant that can be simultaneously or alternatively fed with two or more types of fuel.

(i) New installation: any combustion plant for which the initial construction authorization or, failing that, the initial approval of the holding has been granted as from 1 July 1987.

(j) Existing installation: any combustion plant for which the initial approval of the construction or, failing that, the initial approval of the holding has been granted before 1 July 1987.

k) Biomass: products composed wholly or partly by a plant material of agricultural or forestry origin, which may be used as a fuel to enhance its energy content, and the following waste used as fuels:

1. Plant waste of agricultural and forestry origin.

2. ° Plant waste from the food processing industry, if the heat generated is recovered.

3. º fibrous plant residues from the production of virgin pulp and paper production from the pulp, if they are matched in the place of production and the heat generated is recovered.

4. ° Corcho Waste.

5. Waste wood, with the exception of those that may contain organohalogenated compounds or heavy metals as a result of some type of treatment with wood or coating protective substances, which includes, in particular, wood waste from construction and demolition waste.

l) Gas turbine: any rotating machine that converts thermal energy into mechanical work, consisting mainly of a compressor, a thermal device in which the fuel is oxidized to heat the fluid engine and a turbine.

m) Outermost regions: the Canary Islands are considered as such for the purposes of Chapter II.

Article 4. Program for reducing emissions in existing installations.

1. In existing facilities, the body in which the substantive competence for its authorisation resides will establish a programme for the progressive reduction of the total annual emissions from those facilities. The programme shall be established and implemented with the aim of respecting, by appropriate emission constraints, at least the emission ceilings and the overall emission reduction percentages set out in Annexes I and II. In addition to setting a timetable, the programme will include the implementation procedures.

2. In accordance with the programme referred to in paragraph 1, the emission ceilings and the corresponding reduction rates, fixed for sulphur dioxide in Annex I and Annex II for nitrogen oxides, shall continue to be complied with in accordance with the programme referred to in paragraph 1. dates indicated in those Annexes, until they have been complied with in accordance with Article 5 for existing installations.

3. During the implementation of the said programme, the competent authority shall determine the total annual emissions of the existing installations in accordance with the provisions of paragraph C of Annex VIII.

4. If a substantial and unexpected change in the demand for energy, or the availability of certain fuels or certain generating facilities, would create serious technical difficulties for the implementation of the programme drawn up under the paragraph 1, the body in which the substantive competence for the approval of the installations is based shall determine the modifications of the emission ceilings and/or the dates set out in Annexes I and II, which shall be proposed to the Commission European.

Article 5. Emission limit values and national emission reduction plan for large existing combustion plants.

1. Without prejudice to the provisions of the fourth transitional provision, in the initial substantive approval of the construction of the new facilities or, failing that, in the initial substantive approval of the holding of the new facilities, the request for authorisation is submitted before the date of entry into force of this royal decree, provided that the installation is put into operation, at the latest one year after that date, the corresponding emission limit values shall be established. to their emissions of sulphur dioxide, nitrogen oxides and particulate matter, determined in accordance with (a) as set out in paragraph A of Annexes III to VII.

2. In the initial substantive approval of the construction of the new installations, other than those referred to in paragraph 1, or, failing that, in the initial substantive authorisation of the holding of the new installations, the limit values for emission corresponding to their emissions of sulphur dioxide, nitrogen oxides and particulate matter, determined in accordance with the requirements of paragraph B of Annexes III to VII.

3. For the national assembly of existing plants, without prejudice to the provisions of Law 16/2002, of 1 July, of integrated prevention and control of pollution, and of the provisions relating to the quality of ambient air, apply, where appropriate, Articles 6, 7 and 8 of this royal decree, the General Administration of the State, after consulting the Autonomous Communities, shall establish a national emission reduction plan for the installations, in such a way that, no later than 1 January 2008, a reduction in the total annual emissions of the Nitrogen oxides (NO_x), sulphur dioxide (SO₂) and particulate matter from existing installations, similar to those that would have been achieved by applying the emission limit values set for the new installations referred to in paragraph 1 of this Article to existing installations in operation in the year 2000, depending on the actual annual operating time of each installation, the fuel used and the thermal power, calculated on the basis of the average of the last five years of operation up to and including the year 2000. This plan shall take into account, inter alia, compliance with the emission ceilings set out in Annexes I and II.

The national emission reduction plan for large existing combustion plants shall be referred to in Commission Recommendation 2003 /47/EC of 15 January 2003.

The closure of a facility included in the national emission reduction plan for large existing combustion plants will not result in an increase in the total annual emissions from the rest of the installations that the existing combustion plant will have. span.

4. Of the total set of installations included in the national emission reduction plan of the existing large combustion plants, compliance with the emission requirements set by those installations may be exempted. for which the holder undertakes, by means of a written declaration lodged with the competent authority and, in any event, before the organ of the General Administration of the State which draws up the national plan, no later than 30 June 2004, not to operate the facility for more than 20,000 operating hours from 1 January 2008 until at the latest by 31 December 2015, the competent authority and, in any case, the authority of the General Administration of the State which is to draw up the national plan, shall submit each year a balance of the hours used and not used for the rest of the operational life of the facilities.

5. Existing installations, as referred to in paragraphs 3 and 4, shall not be subject to individual emission limits for pollutants regulated in this royal decree which contradict what is established in the national reduction plan emissions from the existing large combustion plants produced by the General Administration of the State. In any event, a mandatory and binding report of the authority of the General Administration of the competent State shall be required for the approval of such facilities.

6. The authority of the General Administration of the State which draws up the national emission reduction plan for large existing combustion plants may establish for the facilities included in it the necessary conditions and requirements. for compliance.

Article 6. Exceptions for sulfur dioxide emission limit values.

1. By way of derogation from Annex III, installations of a rated thermal power equal to or greater than 400 MW, which are not used for more than the following number of hours per year (measured moving average over a period of five years) shall be subjected to a sulphur dioxide emission limit value of 800 mg/Nm³:

a) 2,000 hours until December 31, 2015.

b) 1,500 hours from January 1, 2016.

2. This provision shall not apply to new installations to which authorisation is granted in accordance with Article 5.2

Article 7. Procedures relating to the malfunction or breakdown of the abatement equipment.

1. The authorisations referred to in Article 5 (1) and (2) shall include a provision on the procedures relating to the malfunction or breakdown of the reduction equipment. In the event of a breakdown, the competent authority shall request the operator, in particular, to reduce or interrupt the operation if the normal operation is not restored within 24 hours, or to operate the fuel installation. Little contaminants. In any event, this shall be notified to the competent authority within 48 hours. In no case shall the accumulated operating time of the facility without its emission reduction equipment be greater than 120 hours over a period of 12 months.

The competent authority may allow exceptions to the above 24-hour and 120-hour limits in cases where, in its judgment:

a) Exist pressing need to maintain power supply, or

(b) The installation in which the breakdown occurred would be replaced by a limited period of time, which would result in an overall increase in emissions.

2. The competent authority may allow the suspension, for a maximum of six months, of the obligation to comply with the emission limit values laid down in Article 5 for sulphur dioxide in installations which use the limit values for sulphur dioxide. usually low sulphur fuel, where the holder is not in a position to respect those limit values due to a disruption in the supply of such fuel as a result of a situation of serious hardship. In such cases, the competent authority shall immediately inform the European Commission, and never within a period of more than one month, in accordance with Article 10 of Law No 30/1992 of 26 November 1992 on the legal system of administrations. Public and the Common Administrative Procedure.

3. The competent authority may authorise a derogation from the obligation to respect the emission limit values provided for in Article 5 in cases where an installation which normally uses only one gaseous fuel and which of another Form, it should be equipped with a waste gas purification equipment, have to resort exceptionally, and for a period not exceeding 10 days, except in case of pressing need to maintain the supply of energy, to the use of other fuels because of a sudden interruption in the supply of gas. The competent authority shall be informed immediately of each specific case raised. In addition, in the cases referred to in this paragraph, the competent authority shall immediately inform the European Commission, and never within a period of more than one month, in accordance with Article 10 of Law No 30/1992 of 26 November 1992. Legal of Public Administrations and of the Common Administrative Procedure.

Article 8. Facilities equipped with mixed boiler.

1. In the case of installations equipped with a mixed boiler involving the simultaneous use of two or more fuels, the authorization referred to in Article 5 (1) or (2) and in the case of installations referred to in paragraph 3 Article 5 or Article 10 shall establish the emission limit values to be determined as follows:

(a) First, taking the emission limit value for each fuel and each pollutant, which corresponds to the rated thermal power of the installation, as set out in Annexes III to VII.

b) Second, by determining the fuel-weighted emission limit values; these values shall be obtained by multiplying the individual emission limit values quoted above by the supplied thermal power for each fuel and dividing this result by the sum of the thermal power supplied by all fuels.

c) Third, adding fuel-weighted emission limit values.

2. In mixed boilers using the distillation and conversion residues of crude oil, alone or with other fuels, for their own consumption, the provisions relating to fuel having the limit value shall apply. higher emission (determining fuel), by way of derogation from paragraph 1, if, during the operation of the installation, the proportion in which the fuel is contributed to the sum of the thermal power supplied by all the fuels were at least 50 percent.

If the determining fuel ratio is less than 50 percent, the emission limit value shall be determined in proportion to the thermal power supplied by each of the fuels, in relation to the sum of thermal power supplied by all fuels, as follows:

(a) First, taking the emission limit value for each fuel and each pollutant, corresponding to the rated thermal input of the installation, as shown in Annexes III to VII.

b) Second, by calculating the emission limit value of the determining fuel (the fuel with the highest emission limit value, in accordance with Annexes III to VII, or, in the case of two fuels of the same limit value The emission limit value referred to in Annexes III to VII for that fuel and subtracting the emission limit value shall be obtained by multiplying by two the emission limit value referred to in Annexes III to VII. on fuel with lower emission limit value.

c) Third, determining the fuel-weighted emission limit values; these values shall be obtained by multiplying the calculated emission limit value of the determining fuel by the amount of energy provided by the determining fuel and by multiplying each of the other emission limit values by the amount of energy provided by each fuel, and by dividing each result by the sum of the thermal energy supplied by all fuels.

d) Fourth, adding fuel-weighted emission limit values.

3. Alternatively to paragraph 2, irrespective of the combination of fuels used, the following average emission limit values for sulphur dioxide may be applied:

a) 1,000 mg/Nm³, for the facilities referred to in Article 5 (1) and (3), as the average emissions value of all such facilities within the refinery.

(b) 600 mg/Nm³, for the new installations referred to in Article 5 (2), as the average value of the emissions of all such installations within the refinery, with the exception of the turbines gas.

The competent authority shall ensure that the application of this provision does not lead to an increase in emissions from existing installations.

4. In the case of installations equipped with a mixed boiler involving the alternative use of two or more fuels, the authorisation referred to in Article 5 (1) or (2) and in the case of installations referred to in paragraph 3 Article 5 or Article 10 shall establish the emission limit values for which the emission limit values set out in Annexes III to VII for each fuel used shall apply.

Article 9. Removal of waste gases by chimney.

1. The removal of waste gases from combustion plants shall be carried out in a controlled manner by means of a chimney or similar infrastructure.

2. The authorisations provided for in Article 5 (1) and (2) and the authorisations of combustion plants covered by Article 10 shall lay down the conditions for the removal of such gases. In particular, the competent authority shall ensure that the height of the chimney is calculated in such a way as to safeguard human health and the environment.

Article 10. Emission limit values in the case of modifications to combustion plants.

1. Where the thermal power of a combustion plant is increased by at least 50 MW, the emission limit values set out in paragraph B of Annexes III to VII shall apply to the new part of the installation and shall be determined on the basis of the thermal power of the installation assembly. This provision shall not apply in the cases provided for in Article 8 (2) and (3

.

2. Where the holder of a combustion plant, in relation to air pollution, intends to make an amendment to those referred to in Article 3 (e) and Article 10 (2) of Law 16/2002 of 1 July of 1 July 2001, Integrated pollution control, the emission limit values for sulphur dioxide, nitrogen oxides and particulate matter as set out in paragraph B of Annexes III to VII shall apply.

Article 11. Installations whose emissions may affect another Member State.

In the event of the construction of combustion plants whose emissions could significantly affect the environment of another Member State, the Government will provide all appropriate information and sponsor all the relevant information. necessary consultations, in accordance with Article 6 of the Royal Decree-Law 1302/1986 of 28 June 1986 on environmental impact assessment.

Article 12. Measurement and evaluation of emissions.

The measurement and evaluation of emissions from combustion plants covered by Chapter II, as well as any other value required for their application, shall be carried out in accordance with Annex VIII, paragraph A.

Article 13. Information to be provided to the Administration.

With a frequency to be determined by the competent authority, and at least once a year, the operator of the facilities covered by Chapter II shall inform, in accordance with Annex VIII, the results of the continuous measurements, of the results of the control of the measuring devices and of the individual measurements, as well as of any other measurement operation carried out with a view to the assessment of compliance with the provisions laid down in the Chapter II.

Article 14. Assessment of the results of the emission measurements.

1. In the case of continuous measurements, the emission limit values set out in paragraph A of Annexes III to VII shall be considered to be respected if the assessment of the results indicates, for the operating hours of a calendar year, that:

a) No average monthly value exceeds the emission limit values, and

b) In the case of:

1. Sulphur Dioxide and particulate matter: 97 percent of all average values for every 48 hours do not exceed 110 percent of the emission limit values.

2. Nitrogen Oxides: 95 percent of all average values in every 48 hours do not exceed 110 percent of the emission limit values.

The periods referred to in Article 7 shall not be taken into consideration, nor shall the start and stop periods.

2. In the cases referred to in the second transitional provision and in Annex III, the rates of desulphurisation shall be deemed to have been met where the assessment of the measurements carried out in accordance with paragraph A. 3 of Annex VIII indicates that the all average values, for natural months, or all of the average values, for mobile months, reach the required rates of desulphurisation.

The periods referred to in Article 7 shall not be taken into consideration, nor shall the start and stop periods.

3. In the case of new installations for which authorisation is granted in accordance with Article 5 (2), the emission limit values shall be deemed to have been respected for operating hours within a calendar year if:

a) No validated daily average value exceeds the corresponding figures in paragraph B of Annexes III to VII, and

(b) 95 per cent of all validated hourly average values for the year does not exceed 200 per cent of the corresponding figures in paragraph B of Annexes III to VII.

The definitions of "validated mean value" are determined in paragraph A. 6 of Annex VIII.

The periods referred to in Article 7 shall not be taken into consideration, nor shall the start and stop periods.

4. In cases where only discontinuous measurements or other appropriate determination procedures are required, emission limit values shall be considered to be respected if the results of each of the measurement campaigns, or of those other procedures defined and determined in accordance with the procedures laid down by the competent authority, do not exceed the emission limit values set out in the corresponding paragraph of Annexes III to VII.

Article 15. Information to the European Commission.

1. In the cases referred to in Article 6, the provisions referred to in the notes in Annex III or in the footnotes to Annex VI, paragraph A, the competent authority shall send an annual report to the European Commission, in accordance with Article 10 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

2. Similarly, in accordance with the said legal channel, the competent authority shall inform the European Commission of the adoption of the programme referred to in Article 4 (1) of the outcome of its implementation after one year of the conclusion of the programme. of the different emission reduction phases of existing installations and their development at each stage.

CHAPTER III

Oil Refineries

Article 16. Sulfur dioxide emissions from the regeneration of catalytic cracking units in fluid bed.

Without prejudice to the provisions of Law 16/2002, of July 1, of integrated prevention and control of pollution, from the entry into force of this royal decree the emissions of SO₂ from the regeneration of catalytic cracking units in fluid bed (FCC) shall be equal to or less than 3,000 mg/Nm³, and shall be subject to the requirements of Article 14.1, 2 and 4 of this royal decree.

Article 17. Emission levels.

1. As of the entry into force of this royal decree, the levels of the emission of SO₂ and particles in volumetric form as referred to in Decree 833/1975, of 6 February, and which are applicable to the installations of the refineries of oil shall be considered in accordance with the provisions of Article 3 (c) of this royal decree.

2. Also, since the entry into force of this royal decree, the emission levels referred to in Decree 833/1975 of 6 February, which are applicable to oil refineries, will not take into account the transitional periods of grubbing-up, stop and blow.

Article 18. Performance of the new sulfur recovery plants.

Without prejudice to the provisions of Law 16/2002 of 1 July on integrated pollution prevention and control, the performance of the new sulphur recovery plants, under optimum operating conditions, which is install in oil refineries from the entry into force of this royal decree, should not be less than:

a) 96.5 percent, if the capacity is less than or equal to 20 t/day.

b) 97.5 percent, if the capacity is greater than 20 t/day and less than 50 t/day.

c) 98.5 percent, if capacity is equal to or greater than 50 t/day.

CHAPTER IV

Environmental discipline

Article 19. Sanctioning regime.

The failure to comply with the provisions of this royal decree will be subject to the sanctioning regimes established in the applicable law and, in any case, to the provisions of Law 38/1972 of 22 December of Atmospheric Environment, and in Law 16/2002, of July 1, of integrated pollution prevention and control.

First transient disposition. Emissions from existing coal or fuel-oil thermal power plants.

1. Without prejudice to the provisions of Law 16/2002 of 1 July on integrated pollution prevention and control, the groups of coal or fuel oil power plants which, for the purposes of Chapter II, are large installations of existing combustion, will continue to meet the specific emission levels of SO₂ and of particles currently in force, in application of Decree 833/1975 of 6 February, to the categories of existing installations or new Annex IV thereto, or for being specifically set out in its relevant resolutions of Approval of the Directorate-General for Energy, referring to the conditions of the waste gases listed in paragraphs (b) and (c) of Article 3 of this royal decree.

2. Where in the plants referred to in the previous paragraph, and which are prior to Decree 833/1975, of 6 February, there are groups of coal, the authorization of which does not contain specific levels for the emissions of SO₂ and of particulates, these emissions shall comply with the same values as are collected in the authorisation of subsequent groups of the same plant, which are also large combustion plants existing for the purposes of Chapter II.

3. In both coal and fuel-oil plants, when the removal of several large combustion plants by a single chimney, the emission levels shall refer to the resulting flow.

4. The emission levels of SO₂ and of the particulate matter to be met by the existing large combustion plants referred to in this transitional provision, both in coal and fuel oil plants, shall be subject, in the case of continuous measurements, to the requirements set out in paragraphs 1 and 2 of Article 14.

5. Where only discontinuous measurements or other appropriate determination procedures are required, no value of the quarterly average concentrations, understood as a weighted average of the monthly concentrations, shall be higher than the set emission level.

Second transient disposition. Requirements applicable to new power plants with rated thermal power equal to or greater than 500 MW, using solid fuels, authorised before 31 December 1999 and entering into operation before 31 December 1999 2005.

By way of derogation from Annex III, new power plants of a rated thermal power equal to or greater than 500 MW using solid national or import fuels authorised by the Administration competent until 31 December 1999 and which enter into operation before the end of the year 2005, shall be subject to the following requirements:

(a) In the case of solid import fuels, the emission limit value for sulphur dioxide shall be 800 mg/Nm₃.

(b) In the case of national solid fuels, the desulphurisation rate shall be at least 60%.

Provided that the total authorized capacity of the installations to which this transitional arrangement applies does not exceed:

1. º 2,000 MW for installations using national solid fuels.

2. º For installations using solid import fuels, or 7,500 MW electric, or 50 percent of the whole new capacity of all installations using solid fuels authorised until 31 December 1999, taking into account the lowest of these two values.

Transitional provision third. Exclusion from the application of Chapter II to gas turbines authorised prior to the entry into force of this royal decree.

Chapter II shall not apply to gas turbines authorised prior to the entry into force of this royal decree or to those which have been the subject of an application for authorisation prior to the entry into force of this royal decree, provided that the installation is put into operation no later than one year after that entry into force, without prejudice to the provisions of Article 7.1 and paragraphs A and B of Annex VIII.

Transitional disposition fourth. Provisions regarding new installations authorized before the entry into force of this royal decree.

In the case of new installations authorised prior to the entry into force of this royal decree, as referred to in Article 5 (1), Article 4 (2), Article 6 (3), Article 15, Annexes III, VI and VIII and paragraph A. 2 of Annex IX to Royal Decree 646/1991 of 22 April 1991 shall remain in force until 1 January 2008.

Transient disposition fifth. Procedures for the measurement and evaluation of emissions from combustion plants.

For existing installations and for new installations to which authorisation is granted in accordance with Article 5 (1), the provisions of paragraph A. 2 of Annex VIII shall apply from 27 January onwards. November 2004.

Single repeal provision. Regulatory repeal.

Without prejudice to the provisions of the transitional provisions, Royal Decree 646/1991 of 22 April 1991 laying down new rules on the limitation of emissions into the atmosphere of certain pollutants from large combustion plants, will be repealed from the entry into force of this royal decree.

Final disposition first. Amendment of Decree 833/1975 of 6 February.

As of the entry into force of this royal decree, paragraph 7, Oil Refineries, as regards the issuance of SO₂, of Annex IV of Decree 833/1975, of 6 February, for which the Law 38/1972, of 22 December, for the Protection of the Atmospheric Environment, will apply only to "other installations", with its new wording modified as follows:

" OS OS₂

mg/Nm3
Existing Installations	New Installations	1980 Forecast
Other Installations (note 1)	3,400	3,400	2,500

Note 1: excluding catalytic cracking unit catalyst regeneration facilities and sulphur recovery plants. "

Final disposition second. Constitutional foundation.

This royal decree is of a basic nature under the terms of Article 149.1.23. and 25. of the Constitution.

Final disposition third. Development enablement.

1. The Ministers for Economic Affairs, the Environment and Science and Technology are authorised to lay down the provisions necessary for the implementation and development of this royal decree in the field of their respective competences.

2. In particular, the Ministers for Economic Affairs and the Environment, in the field of their respective competences, may establish, in order for the measurement of emissions to obtain homogeneous and comparable results, the procedures and requirements for the measurement and evaluation of the emissions from the installations referred to in Chapter II.

3. In addition, the Ministers for the Environment and the Economy, in order to meet their information needs, in particular the commitments for the referral of information to the European Commission, in the field of their respective competences and without prejudice to the powers assigned to other bodies, may adopt the necessary provisions in relation to the information to be transmitted to them by the operators of the facilities referred to in Chapter II.

Final disposition fourth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Dado en Madrid, a 12 de marzo de 2004.

JOHN CARLOS R.

Deputy Prime Minister and Minister of the Presidency,

JAVIER ARENAS BOCANEGRA

ANNEX I

SO emissions reduction targets and targets₂ for existing installations (1) (2)

0

1	2	3	4	5	6	7	8	9
2 OS Emissions combustion installations in 1980 (kilotoneladas)	Issue Topes (kilotonelads/year)			% reduction on emissions from 1980			% reduction over 1980's adjusted
	Phase 1 1993	Phase 2 1998	Phase 3 2003	Phase 1 1993	Phase 2 1998	Phase 3 2003	Phase 1 1993	Phase 2 1998	Phase 3 2003
2.290	2.290	1,730	0	0	0	0	-37	-21	-40	-50

(1) Additional emissions may occur due to the capacity authorised from 1 July 1987.

(2) Emissions from combustion plants authorised before 1 July 1987 but not yet in operation before that date and which have not been taken into account for setting emission ceilings fixed in this Annex must comply with the requirements laid down by this royal decree for new installations or be taken into account in the framework of global emissions from existing installations, which must not exceed the ceilings fixed in this Annex.

ANNEX II

NO_x emission reduction targets and targets for existing installations (1) (2)

0

1	2	3	4	5	6
emissions x (such as NO2) large combustion plants in 1980 (kilotoneladas)	Topes de emission (kilotonelad/year)		% reduction on emissions from 1980		% reduction on adjusted emissions from 1980
	Phase 1 1993	Phase 2 1998	Phase 1 1993	Phase 2 1998	Phase 1 1993	Phase 2 1998
366	368	277	+ 1	-24	-20	-40

(1) Additional emissions may occur due to the capacity authorised from 1 July 1987.

(2) Emissions from combustion plants authorised before 1 July 1987 but not yet in operation before that date and which have not been taken into account for setting emission ceilings In this Annex, they will have to comply with the requirements laid down by this royal decree for new installations or be taken into account in the framework of global emissions from existing installations, which must not exceed ceilings set out in this Annex.

ANNEX III

Sulfur Dioxide Emission Limit Values (SO₂)

Solid Fuels

A. Emission limit values of SO₂ expressed in mg/Nm³ (content of O₂ of 6%) to be applied by the existing new installations and installations referred to in Article 5 (1) and (3); respectively:

Note: When the emission limit values indicated in the graph cannot be achieved due to the characteristics of the fuel, a percentage of desulphurisation of at least 60% in the case of the installations must be achieved. with a rated thermal input of not more than 100 MW, 75% in the case of installations with a rated thermal input of more than 100 MW and less than or equal to 300 MW, and 90% in the case of installations with a rated thermal power more than 300 MW. In the case of installations with a rated thermal input of more than 500 MW, a percentage of desulphurisation of at least 94% or at least 92% shall apply when a contract has been concluded for the installation of equipment for desulphurisation of flue gas or lime injection and the work has begun in that installation before 1 January 2001.

B. Emission limit values of SO₂ expressed in mg/Nm³ (content of O₂ of 6%) to be applied by the new facilities referred to in Article 5 (2), with the exception of gas turbines:

type	50 to 100 MW thermal	100 to 300 MW thermal	> 300 MW thermal
	Biomass	200	200	200
case	850	200 (1)	200

(1) Except for the outermost regions where 850 to 200 mg/Nm3 (linear decrease) will apply.

Note: When the emission limit values indicated in the graph cannot be achieved due to fuel characteristics, the installations must reach a 300 mg/Nm emission level of³ SO₂ or a percentage of desulphurisation of at least 92% in the case of installations with a rated thermal input of less than or equal to 300 MW and in the case of installations with a rated thermal power exceeding 300 MW a percentage of desulphurisation of at least 95% and a maximum permissible emission limit value of 400 mg/Nm³.

ANNEX IV

SO2 emission limit values

Liquid Fuels

A. Emission limit values of SO₂ expressed in mg/Nm³ (content of O₂ of 3%) to be applied by the existing new installations and installations referred to in Article 5 (1) and (3); respectively:

B. Emission limit values of SO₂ expressed in mg/Nm³ (3% or₂ content) to be applied by the new facilities referred to in Article 5 (2), with the exception of gas turbines:

50 to 100 MW thermal	100 to 300 MW thermal	> 300 MW thermal
850	400 to 200 (linear decrease) (1)	200

(1) Except for the outermost regions, where 850 to 200 mg/Nm³ (linear decrease) will apply.

ANNEX V

SO2 emission limit values

Gaseous fuels

A. Emission limit values of SO₂ expressed in mg/Nm³ (content of O₂ of 3%) to be applied by the existing new installations and installations referred to in Article 5 (1) and (3); respectively:

type	Issue limit values (mg/ Nm3
35	35	5
calorific value Gases from the gasification of waste refinery, coke oven gas, blast furnace gas	800
Gas from coal gasification

(1) The emission limit values applicable to such gas shall be fixed in the future.

B. Emission limit values of SO₂ expressed in mg/Nm³ (3% or₂ content) to be applied by the new facilities referred to in Article 5 (2):

type	Issue limit values (mg/ Nm3
35	35	5
calorific value Gases from coke ovens	400
200
200
200
200

ANNEX VI

No_x emission limit values (measured in NO₂)

A. Emission limit values of NO_x expressed in mg/Nm³ (6% or 6% content of O₂ for solid fuels and 3% for liquid and gaseous fuels) to be applied by the new facilities and the existing installations referred to in Article 5 (1) and (3) respectively:

type	Issue limit values (1) (mg/ Nm3
(2) (3):
50 to 500 MW thermal	600
> 500 MW thermal	500
of January 1, 2016:
200
	200	600	200
:
450
400
400	400	400
:
50 to 500 MW thermal	300
> 500 MW thermal	200

(1) Except for the outermost regions where the following values apply:

Solid in general: 650.

Solid with < 10% volatile components: 1,300.

Liquid: 450.

Gaseous: 350.

(2) Until 31 December 2015 installations of a rated thermal power exceeding 500 MW, which as of 2008 do not exceed more than 2,000 operating hours per year (measured moving average over a period of five years), shall, in the case of existing installations subject to the national emission reduction plan, in accordance with Article 5.3, assess the contribution of emissions of nitrogen oxides (measured in NO₂) to each of them to the National Plan on the basis of a limit value of 600 mg/Nm³.

From 1 January 2016, installations that do not exceed more than 1,500 hours of operation per year (measured moving average over a period of five years) shall be subject to a limit value for emissions of nitrogen oxide. (measured in NO₂) of 450 mg/Nm³.

(3) Until 1 January 2018 in the case of installations which during the 12-month period prior to 1 January 2001 used, and continue to use, solid fuel whose volatile compounds were less than 10%, apply 1,200 mg/Nm³.

B. Emission limit values of NO_x expressed in mg/Nm³ to be applied by the new installations referred to in Article 5 (2), with the exception of gas turbines:

Solid Fuels (content of O₂ 6%):

Fuel Type

50 to 100 MW thermal	100 a 300 MW thermal	300 MW thermal
	Biomass	400	300	200
Case	400	200 (1)	200

(1) Except for the outermost regions, where 300 mg/Nm³will be applied.

Liquid Fuels (Content of O₂ 3%):

50 to 100 MW thermal	100 to 300 MW thermal	> 300 MW thermal
400	200 (1)	200

(1) Except for the outermost regions where 300 mg/Nm3 will be applied.

Gaseous fuels (content of O₂ of 3%):

	50 to 300 MW thermal	> 300 MW thermal
gas (1)	150	100
Other gases	200	200

(1) Except for the outermost regions, where 300 mg/Nm³will be applied.

Gas Turbines:

No_x emission limit values expressed in mg/Nm³ (15% or 15% content of O₂ ) to be applied by an individual gas turbine unit in accordance with Article 5 (2) limit applies only above a load of 70%):

		50 MW thermal (thermal power in conditions ISO)
gas (1)	50 (2)
fuels (3)	120
120	120

(1) Natural gas is natural methane that does not have more than 20% (by volume) of inert and other constituents.

(2) 75 mg/Nm³ in the following cases, when the gas turbine performance is determined under ISO conditions for base load:

Gas Turbines used in a system that combines heat and electricity with an overall performance of more than 75% Gas turbines used in combined-cycle facilities whose average annual global electricity performance is greater than 55%.

Gas Turbines for mechanical motor units.

For single-cycle gas turbines which do not fall under any of the above categories, but which have a yield of more than 35%-determined under ISO conditions for base load-the emission limit value shall be 50 *η/35, where g the gas turbine performance expressed as a percentage (and determined under ISO conditions for base load).

(3) This emission limit value applies only to gas turbines that consume light distillates and media.

Gas turbines for emergency use that operate less than 500 hours per year are excluded from these limit values. The holder of such facilities shall submit to the competent authorities each year a record of that time used.

ANNEX VII

particulate emission limit values

A. Emission limit values of particles expressed in mg/Nm³ (6% or 6% content of O₂ for solid fuels and 3% for liquid and gaseous fuels) to be applied by new installations and installations existing as referred to in Article 5 (1) and (3) respectively:

type	Rated thermal power - (MW)	Issue limit values - (mg/ Nm3
	< 500 < 500	50(2) 100
	(1)	All installations.	50
	All installations.	5 as general rule, but 10 for blast furnace gas 50 for gases produced by the steel industry that may have other uses.

(1) An emission limit value of 100 mg/Nm³ may be applied to installations with a rated thermal input of less than 500 MW that burns liquid fuel with an ash content of more than 0,06%.

(2) An emission limit value of 100 mg/Nm³ may be applied to installations authorised in accordance with Article 5 (3) with a rated thermal power equal to or greater than 500 MW burning fuel solid with a calorific content of less than 5,800 kJ/kg (lower calorific value), a moisture content exceeding 45% of the weight, a combined moisture and ash content of more than 60% of the weight and a content of calcium oxide greater than 10%.

B. Emission limit values of particles expressed in mg/Nm³ to be applied by the new installations referred to in Article 5 (2), with the exception of gas turbines:

Solid Fuels (content of O₂ 6%):

50 to 100 MW thermal	> 100 MW
50	30

Liquid Fuels (Content of O₂ 3%):

50 to 100 MW thermal	> 100 MW
50	30

Gaseous fuels (content of O₂ of 3%):

a rule	5
For blast furnace gases	10
For gases produced by the steel industry that may have other uses	30

ANNEX VIII

Method of measuring the emissions of installations to which Chapter II applies to them

A) Procedures for the measurement and evaluation of emissions from combustion plants.

1. Until 27 November 2004.

(a) The concentrations of SO₂, particulates and NO_x shall be measured continuously in the case of new installations whose authorisation is granted in accordance with Article 5 (1), with a power rated thermal exceeding 300 MW. However, control of the OS₂ and of the particles may be limited to discontinuous measurements or other appropriate measurement procedures in cases where such measurements or procedures can be used to determine the concentration. Such measurements or procedures must be verified and approved by the competent authority.

(b) In the case of new installations whose authorization is granted in accordance with Article 5 (1), not subject to the provisions of the first subparagraph, the competent authority may require that measurements be made. These three pollutants will be continued in the cases they deem necessary. Where such continuous measurements are not mandatory, regular use of discontinuous measurements or appropriate measurement procedures shall be used with the prior approval of the competent authority in order to assess the quantity of substances referred to above in emissions.

2. Since the entry into force of this royal decree and without prejudice to the fifth transitional provision.

a) The concentrations of SO₂, particles and NO_x of the waste gases of each combustion plant shall be measured continuously in the case of installations with a rated thermal power equal to or greater than 100 MW.

In oil refineries, in petrochemical plants and in lubricating plants, continuous meters of the₂SO emissions, particulates and NOx in fireplaces or in the exhaust pipes will be available. which have connected combustion plants whose powers add up to more than 50 MW of heat.

(b) By way of derogation from paragraph (a) above, continuous measurement shall not be necessary in the following cases:

1. º For combustion installations with a lifetime of less than 10,000 hours of activity.

2. º For OS₂ and particles from natural gas boilers or gas turbines using natural gas.

3. º For OS₂ from gas turbines or diesel boilers with a known sulphur content, in cases where desulphurisation equipment is not available.

4. º For OS₂ from biomass-powered boilers if the operator can demonstrate that in no case will the₂ OS emissions exceed the emission limit values set.

(c) Where continuous measurements are not necessary, discontinuous measurements shall be required at least every six months. As an alternative, appropriate determination procedures may be used, which the competent authority shall verify and approve, in order to assess the quantity of the pollutants mentioned above in the emissions. Those procedures shall use the relevant CEN standards as soon as they are available. In case of non-availability of CEN standards, the ISO standards or other national or international standards that ensure the collection of data of equivalent scientific quality shall apply.

3. In the case of installations to be adjusted to the desulphurisation rate provided for in the second transitional provision and in Annex III, the requirements for the measurement of OS emissions₂ set out in the Annex III shall apply. paragraph 2. In addition, the sulphur content of the fuel used in the combustion plant shall be checked regularly.

4. The competent authority shall be informed of the substantial changes in the type of fuel used or in the mode of operation of the installation. It shall decide whether the control requirements laid down in paragraph 2 above are still adequate or require adaptation.

5.1. Continuous measurements made in accordance with paragraph 2 shall include the relevant parameters of the operating process relating to the oxygen content, the temperature, the pressure and the water vapour content of the waste gases. combustion. The continuous measurement of the water vapour content shall not be necessary, provided that the sample of the residual combustion gas has been dried before the emissions are analysed, nor when it can be demonstrated that the estimation of that by calculation to from the fuels used and the operating conditions have the appropriate precision.

5.2 Representative measurements, e.g. sampling and analysis, of the relevant pollutants and process parameters, as well as the reference measurement methods for calibrating the automatic measurement systems, will be carried out in accordance with the CEN standards as soon as they are available. In case of non-availability of CEN standards, the ISO standards or other national or international standards that ensure the collection of data of equivalent scientific quality shall apply.

5.3 Continuous measurement systems shall be subject to control by means of parallel measurements with reference methods, at least once a year.

6.1 The confidence interval values of 95% of a single measured result will not exceed the following percentages of the emission limit values:

Sulfur dioxide 20%.

Nitrogen Oxides 20%.

Particles 30%.

6.2 The validated average hourly and daily values will be determined from the valid average hourly values, measured once the value of the previously specified confidence interval is subtracted.

6.3 Days in which more than three hourly average values are invalid due to the malfunction or maintenance of the continuous measurement system shall be invalidated. If for these reasons more than 10 days a year are invalidated, the competent authority shall require the holder to take the necessary measures to improve the reliability of the continuous control system.

B) Determination of the total annual emissions of combustion plants.

1. Up to and including 2003, the competent administration, and in any case the General Administration of the State, shall be informed of the determination of the annual total emissions of SO₂ and NO_x for the new combustion plants. Where continuous monitoring is carried out, the operator of the combustion plant shall add, separately for each pollutant, the mass of the same emitted each day, in accordance with the rates of the volumetric flow rate of the waste gases. In the event that a continuous check is not carried out, the operator shall estimate the total annual emissions in accordance with paragraph A. 1 of this Annex, in accordance with the requirements of the competent administration.

2. The General Administration of the State shall communicate to the European Commission the total annual emissions of SO₂ and NO_x of the new installations, at the same time as the communication established in accordance with paragraph C. 3 of this Regulation. Annex concerning the total annual emissions of existing installations.

3. From the year 2004 and for each subsequent year, the General Administration of the State shall establish an inventory of the emissions of SO₂, NO_x and particles from all combustion plants with a thermal power rated at or above 50 MW. Within the first two months of each calendar year, the holder of the installation shall inform the same of the following data relating to the previous calendar year:

a) Total annual emissions (in t/year) of SO₂, NO_x , and particulates (as total particles in suspension).

b) Total annual energy consumption, based on net calorific value, classified into five fuel categories: biomass, other solid fuels, liquid fuels, natural gas and other gases.

4. Every three years, the General Administration of the State shall communicate to the European Commission a summary of the results of this inventory, presenting separately the emissions of the refineries. This summary shall be submitted within 12 months of the end of the three-year period to be taken into consideration.

5. As from 1 January 2008, the General Administration of the State shall inform the European Commission annually of the existing facilities declared fit under Article 5 (4) together with the balance of the hours used and not used for the rest of the operational life of the facility.

C) Determination of the total annual emissions of existing installations up to and including 2003.

1. The General Administration of the State shall establish, from 1990 onwards and for each subsequent year up to and including 2003, a complete inventory of SO₂ and NO_x emissions from existing installations:

Installation by installation in the case of installations of a thermal power exceeding 300 MW and of the refineries.

A general inventory for the other combustion plants to which Chapter II applies and annexes to this royal decree.

2. The method used to perform such inventories must be adjusted to the one used in 1980 to determine the emissions of SO₂ and NO_x of the combustion plants.

3. The results of this inventory, duly collected, shall be communicated by the General Administration of the State to the European Commission within nine months of the end of the year in question.