Royal Decree 430/2004, Dated 12 March, Which Lays Down New Rules On The Limitation Of Emissions Of Certain Pollutants From Large Combustion Plants, And Certain Conditions Are Set For...

Original Language Title: Real Decreto 430/2004, de 12 de marzo, por el que se establecen nuevas normas sobre limitación de emisiones a la atmósfera de determinados agentes contaminantes procedentes de grandes instalaciones de combustión, y se fijan ciertas condiciones para...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Law 38/1972, of 22 December, on the protection of the atmospheric environment, established in its article 3.1 that spotlights holders emitters pollutants into the atmosphere, that was its nature, are obliged to respect emission levels that the Government previously set in General.

Law 16/2002, of July 1, integrated pollution prevention and control, establishes in its article 7(2), without prejudice to the additional rules of protection issued by the autonomous communities, the Government may establish emission limit values for polluting substances, in particular for those listed in its annex 3, and for the industrial activities included in its scope.

Decree 833/1975 of 6 February, which develops law 38/1972, of 22 December, on the protection of the atmospheric environment, established the levels of emission of pollutants into the atmosphere of the main potentially polluting industrial activities of the atmosphere.

The Decree 833/1975 of 6 February, has been modified on several occasions, including by means of Royal Decree 646/1991, 22 of April, by which establish new rules on limiting the emissions of certain pollutants from large combustion plants, and by the Royal Decree 1800 / 1995, 3 November amending Royal Decree 646/1991, 22 April, which lays down new rules on limiting the emissions of certain pollutants from large combustion plants and the conditions for the control of SO2 emission limits are set in the activity of oil refining.

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

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

Within the framework of the Community strategy to combat acidification, developed according to the objectives on the subject of the fifth programme of Community action in the field of environment not to exceed a few loads and levels critical of certain acidifying agents, the European Parliament and the Council have adopted, in addition to the Directive 2001/81/EC of 23 October 2001 , on national ceilings of issuance of certain atmospheric pollutants, Directive 2001/80/EC of 23 October 2001 on the limitation of emissions of certain pollutants from large combustion plants, which comes to repeal Directive 88/609/EEC of the Council of 24 November 1988, integrating in a single text the directive and the new requirements on large combustion plants.

In the scope of the new directive 2001/80/EC of the European Parliament and the Council of 23 October 2001, are included, with certain exceptions, the gas turbines, excluding in Directive 88/609/EEC of the Council of 24 November 1988, given the significant increase in the use of natural gas to generate electricity , whether by means of combined cycles, in individual turbines or cogeneration systems, and, between fuels, specifically includes biomass, in view of a significant increase in energy from this fuel.

Directive 2001/80/EC sets emission limit values for SO2, NOx and particles to the new large combustion plants, which are authorized from your application, more stringent than the current Directive 88/609/EEC, in accordance with a greater reduction of emissions, as well as with the provisions of Council Directive 96/61/EC , of 24 September 1996 concerning integrated pollution prevention and control take into account, in addition to other considerations, best available techniques in the establishment of emission limits.

So as regards existing facilities, in Directive 88/609/EEC are considered as a whole, and established for each Member State stops of emission in certain years, 1993, 1998 and 2003 to SO2 emissions, and 1993 and 1998 for NOx emissions, which should not be exceeded by the sum total of emissions from existing large combustion plants from those Directive 2001/80/EC sees them differently, as of January 1, 2008.

At the latest on 1 January 2008, according to Directive 2001/80/EC, to existing large combustion plants of each Member State, at the discretion of this, is allow you two options: either meet, each one of them individually, for SO2, NOx and particulate emission limit values, referred to in paragraph A of annexes III to VII of Directive , or that the Member State set a national emissions reduction plan for those with freedom of action for each individual installation, which get the same emission reductions to be gained through the previous option. In both cases, may exempt from compliance with the emission requirements that are laid down in the directive those existing facilities which undertake in writing to the competent authority of each Member State, by June 30, 2004, do not operate the facility for more than 20,000 operational hours starting from 1 January 2008 until as very late, on December 31, 2015.

Spain, by Royal Decree, whose purpose, in its chapter II and annexes, is incorporated into the Spanish legal order the said Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001, chooses to establish a national plan for reduction of emissions for existing large combustion plants, since it allows a greater flexibility in the management of these facilities. As regards this Royal Decree, in its chapter II and annexes, large combustion plants, larger than 50 megawatts thermal, will affect main and directly on electric generation 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 the Decree 833/1975 of 6 February, who developed the law 38/1972, of 22 December, on the protection of the atmospheric environment, have increased their complexity, as well as those of the countries of the European Union, to adapt to the new demands of refined products, so that the provisions of the aforementioned Decree 833/1975 , February 6, in relation to those, have become, in general, obsolete, having been modified some of them by means of the aforementioned Royal Decree 1800 / 1995 of November 3.

On the other hand, given the characteristics of the processes and interconnections between the facilities of an oil refinery, with the possibility of exchange of fuels including proceeds in the same way as is already done with Royal Decree 1800 / 1995, 3 November, replace the existing general regulation on emissions from combustion plants SO2 on the other deemed them globally modifying specific provisions of Decree 833/1975 of 6 February on combustion plants and regulating emissions of SO2 from other facilities that are not combustion, such as the regeneration of catalysts (FCC) Fluidised catalytic cracking units and sulfur recovery units, these in the same way that already makes it the Royal Decree 1800 / 1995 , 3 November, in the form of performance of those.

Addition, for updating and uniformity with the rest of emission limit values, it must be observed that the levels of concentration of emissions, in volumetric form, referred to in the Decree 833/1975 of 6 February, for oil refining facilities, have to be considered in the same way that is set in this Royal Decree in paragraph 3 of article 3.

Both the incorporation into Spanish law of Directive 2001/80/EC, which are carried out in chapter II and annexes of this Royal Decree, as the new provisions on emissions at facilities of the oil refineries, which takes place in chapter III, imply a modification of the Decree 833/1975 of 6 February.

By virtue, on the proposal of the Ministers of economy, environment and science and technology, according to the Council of State and after deliberation by the Council of Ministers at its meeting of March 12, 2004, available: chapter I General provisions article 1. Purpose and structure.

This Royal Decree is to regulate, in its chapter II and annexes, the emissions into the atmosphere of sulphur dioxide, oxides of nitrogen and particulate by large combustion plants, as well as, in its chapter III, certain conditions for the control of emissions into the atmosphere from oil refineries.

Article 2. Scope of application.

1. Chapter II shall apply to combustion plants whose nominal thermal power is equal to or greater than 50 MW, anyone who is the type of fuel used (solid, liquid or gaseous).
Chapter II shall apply only to combustion plants for the production of energy, with the exception of which use directly the products of combustion in manufacturing procedures.

En_particular, does not apply to the following combustion plants: to) installations in which used combustion products for direct heating, drying, or any other treatment of objects or materials, e.g. reheating furnaces and furnaces for heat treatment.

(b) the facilities of post-combustion plants, i.e. any technical apparatus designed to purify the waste gases by combustion which is not operated as autonomous combustion plant.

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

(d) the devices of conversion of sulphur hydrogen sulfide.

(e) reactors used in the chemical industry.

(f) coke oven batteries.

(g) the blast furnaces (cowpers) heat recovery.

(h) any technical apparatus used in the propulsion of a vehicle, vessel or aircraft.

(i) gas turbines used on offshore platforms.

In addition, plants powered by diesel, petrol or gas engine will not be subject to the provisions of chapter II.

2. Chapter III shall apply to certain installations of oil refineries that are regulated by the Decree 833/1975 of 6 February, which develops the law 38/1972, of 22 December, on the protection of the atmospheric environment.

Chapter II large incinerator article 3. Definitions.

For the purposes of this chapter, means: to) issue: the expulsion to the atmosphere of substances from the combustion plant.

(b) gases: gaseous expulsions containing emissions solid, liquid or gaseous; volumetric flow rate shall be expressed in cubic metres per hour referred to standard conditions of temperature (0 ° C) (273 K) and pressure (760 mm Hg) (101.3 kPa), after correction of the content of water vapour, hereinafter ' Nm3/h'.

(c) emission limit value: the permissible quantity of a substance contained in the waste gases from the combustion plant which may be expelled into the atmosphere over a given period; is it determined mass per volume of the waste gases expressed in mg/Nm3, understanding oxygen content by volume in the waste gas of 3% in the case of liquid and gaseous fuels from six per cent in the case of solid fuels and 15 per cent in the case of gas turbines.

(d) desulphurisation rate: the ratio between the quantity of sulphur which is not emitted into the air in the environment of installation of combustion, for a specified period, and the amount of sulphur containing fuel which is introduced into the combustion plant facilities and is used during the same time period.

(e) holder: any natural or legal person who operates the combustion plant, or who holds directly or by delegation, a decisive economic power with respect to that.

(f) fuel: any solid, liquid or gaseous combustible material to feed the combustion plant, except the waste included in the scope of the Royal Decree 653/2003, of 30 may, on waste incineration.

(g) installation of combustion: any technical apparatus in which combustion products from rusting in order to use the heat thus produced.

When two or more separate facilities are installed so that their waste gases are expelled by a same fireplace or, in the opinion of the competent administration and taking into account technical and economic factors, may be expelled by a same chimney, the resulting combination of such facilities shall be considered as a single unit.

(h) boiler: any combustion plant which may be powered simultaneously or alternately two or more types of fuel.

(i) new installation: any combustion plant for which the initial authorisation of construction or, failing that, the initial authorization of exploitation has been granted from 1 July 1987.

(j) existing installation: any combustion plant for which the initial authorisation of construction or, failing that, the initial authorization of exploitation has been granted before 1 July 1987.

(k) biomass: composite products full or part of a vegetable matter from agriculture or forestry, source that can be used as fuel to enhance its energy content and the following waste used as a fuel: 1 vegetable waste from agriculture and forestry origin.

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

3rd fibrous vegetable waste from the production of virgin pulp and from production of paper from pulp, if they are co-incinerated at the place of production and the heat generated is recovered.

4th Cork waste.

5 waste wood, with the exception of those that may contain organohalogen compounds or heavy metals as a result of some type of treatment with protective substances of wood or finish, including, in particular, the wood waste from construction and demolition waste.

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

(m) outermost regions: are considered as such for the purposes of chapter II, the Canary Islands.

Article 4. Program reduction of emissions in existing facilities.

1. in existing facilities, the organ where resides the substantive competition for its authorization shall establish a programme aimed at the progressive reduction of total annual emissions from those. The program will be established and applied aiming at the respect, by appropriate limitations of emissions, at least emission caps and the global percentages of emissions reduction contained in annexes I and II. In addition to setting a timetable, the program will include application procedures.

2. in accordance with the programme referred to in paragraph 1, continue to respect emission caps and the corresponding percentages of reduction, laid down for sulphur dioxide in annex I and in annex II for nitrogen oxides, on the dates specified in those annexes, until having complied with what is available in article 5 for existing installations.

3. during the execution of the programme, the competent administration will determine the total annual emissions of existing plants, in accordance with the provisions of subparagraph (C) of annex VIII.

4. If a substantial and unexpected change in demand of energy, or of the availability of certain fuels or certain generating installations creates serious technical difficulties for the implementation of the programme drawn up in accordance with paragraph 1, the organ where it resides substantive competition for the licensing of facilities will determine changes to emission caps or dates listed in annexes I and II that they will have to be proposed to the European Commission.

Article 5. Limit values of emission and National Plan for reduction of emissions from existing large combustion plants.

1. without prejudice to the provisions of the fourth transitional provision, in the initial substantive clearance of construction, new installations or, in absence thereof, by the initial substantive authorization of exploitation of these whose application for authorization is presented before the date of entry into force of this Royal Decree, provided that the installation is put into operation at the latest, a year after such date, the emission limit values that correspond to emissions of sulphur dioxide, oxides of nitrogen and particulate from, determined in accordance with paragraph A of the annexes shall be adopted III to VII.

2 the substantive initial authorization of construction of new plants, other than those listed in paragraph 1, or, in absence thereof, by the initial of exploitation of those, substantive clearance shall be the emission limit values that correspond to emissions of sulphur dioxide, oxides of nitrogen and particulate from, determined in accordance with paragraph B of annexes III to VII.
3. for the national set of existing facilities, without prejudice to the provisions of law 16/2002, of July 1, prevention and control of pollution, and the provisions relating to the quality of the ambient air, in addition to applying, where appropriate, articles 6, 7 and 8 of this Royal Decree, the General Administration of the State , after consultation with the autonomous communities, will establish a National Plan for reduction of emissions for facilities, so that, at the latest on 1 January 2008, get some reductions in the total annual emissions of nitrogen oxides (NOx), sulphur dioxide (SO2) and particles of the facilities existing, similar to which they would have been achieved by applying the emission limit values established for new plants referred to in paragraph 1 of this article for existing installations in operation in the year 2000, according to each installation real annual operating time, fuel used and thermal power, calculated on the basis of the average of the last five years of operation until the year 2000, including. This plan will take into account, inter alia, compliance with emission caps set out in annexes I and II.

The National Plan for reducing emissions from existing large combustion plants will have as reference the recommendation 2003/47/EC of the Commission of 15 January 2003.

The closure of a facility included in the National Plan for reducing emissions from existing large combustion plants does not imply an increase of the total annual emissions from the rest of facilities covering him.

4. of the total set of facilities included in the National Plan for reducing emissions from large combustion plants, set can exempt from compliance with emission requirements by installations for which the owner undertakes, by means of a written statement submitted to the competent authority and, in any case, before the body of the General Administration of the State that the above-mentioned national plan at the latest on 30 June 2004, to operate the installation for more than 20000 operational hours starting from January 1, 2008 and until, at the latest, on 31 December 2015, and must submit each year to the competent authority and, in any case, before the body of the General Administration of the State that the national plan , a balance of hours used and unused allowed for the rest of the operational life of the facilities.

5. the existing facilities, referred to in paragraphs 3 and 4, shall not be subject to individual emission limits for pollutants regulated in this Royal Decree that contradict what is established in the National Plan for reducing emissions from existing large combustion plants by the General Administration of the State. In any case, you need a prescriptive and binding report of the organ of the General management of the competent State within the authorization of these facilities.

6. the organ of the General Administration of the State that the national plan for reducing emissions from existing large combustion plants may establish for the facilities included in the conditions and precise requirements for compliance.

Article 6. Exceptions for sulphur dioxide emission limit values.

However 1 the provisions of annex III, plants of a rated thermal input equal to or greater than 400 MW, which are not used for more than the following number of hours per year (moving average calculated over a period of five years), shall be subject to a limit value of 800 mg/Nm3 sulphur dioxide emissions: to) 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 granting authorization in accordance with article 5(2) article 7. Procedures relating to malfunction or breakdown of the abatement equipment.

1. authorizations that paragraphs 1 and 2 of article 5 make reference shall include a provision on procedures relating to malfunction or breakdown of the abatement equipment. In case of breakdown, the competent administration shall ask the holder, in particular, that reduce or discontinue the exploitation if we fail to restore normal operation within a period of 24 hours, or it explodes the installation with low-pollution fuels. In any case, this circumstance shall be notified to the competent authority within a period of 48 hours. In any case the cumulative time of operating the facility without his team of emission reduction must exceed 120 hours in a period of 12 months.

The competent authority may permit exceptions to the above limits of 24 hours and 120 hours in cases where, in their view: a) there is urgent need to maintain energy supplies, or b) installation in which the fault occurred would be replaced by a term limited by another that would lead to an overall increase in emissions.

2. the competent authority may permit the suspension, for a maximum of six months from the obligation to comply with the emission limit values set out in article 5 for sulfur dioxide in facilities which, to this end, usually use low sulphur content fuel, when the owner is unable to comply with these limit values because of an interruption in the supply of such fuel as a result of a situation of serious hardship. In such cases, the competent administration shall immediately inform the European Commission, and never in a period exceeding one month, in accordance with article 10 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

3. the competent authority may grant a derogation from the obligation to comply with the emission limit values provided for in article 5 in cases in which a facility which normally uses only gaseous fuel, and that, otherwise, it should be equipped with a waste gas purification equipment, has to resort exceptionally, and for a period not exceeding 10 days except in case of urgent need to maintain the supply of energy, the use of other fuels because of a sudden interruption in the supply of gas. The competent administration shall be informed immediately of each case that arises. Also cases referred to in this paragraph, the competent administration shall immediately inform the European Commission, and never in a period exceeding one month, in accordance with article 10 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

Article 8. Installations equipped with boiler.

1. in the case of installations equipped with a boiler that involves the simultaneous use of two or more fuels, the authorisation referred to in paragraphs 1 or 2 of article 5 and in the case of the facilities provided for in paragraph 3 of article 5 or article 10, the emission limit values to be determined as follows shall establish (: a) Firstly, taking the value on each fuel and each pollutant emission limit, corresponding to the nominal installation thermal power, as indicated in annexes III to VII.

(b) Secondly by determining fuel-weighted emission limit values; These values are obtained by multiplying the individual emission limit values cited above by the thermal input delivered by each fuel and dividing the result by the sum of the thermal power supplied by all fuels.

(c) Thirdly, adding the fuel-weighted emission limit values.

2 in the boilers that use residues from distillation and conversion of crude oil refining, alone or with other fuels, for their own consumption, they shall apply the provisions relating to fuel that has the higher emission limit (determining fuel), however the provisions of paragraph 1, if during the operation of the installation the proportion in which contributed that fuel to the sum of the thermal power supplied by all fuels is at least 50 per cent.

If less than 50 percent the proportion of decisive fuel value emission limit shall be determined in proportion to the thermal input delivered by each fuel, in relation to the sum of the thermal power supplied by all fuels as follows: to) first, taking the value on each fuel and each pollutant emission limit , which corresponds to the nominal installation thermal power, as indicated in annexes III to VII.

(b) Secondly, calculating the value determining fuel emission limit (the fuel of higher-value limit of issue, in accordance with annexes III to VII, or, in the case of two fuels the same emission limit value, which provides the greatest amount of energy); This value shall be obtained by multiplying by two the value emission limit referred to in annexes III to VII for that fuel and subtracting the result value emission limit relative to fuel with lower value emission limit.
(c) Thirdly, by determining the fuel-weighted emission limit values; These values are obtained by multiplying the value calculated emission limit for determining fuel by the amount of energy provided by determining and multiplying fuel each other emission limit values by the amount of energy provided by each fuel, and dividing each result by the sum of the heat energy supplied by all fuels.

(d) Fourthly, adding the fuel-weighted emission limit values.

3 as an alternative to paragraph 2, irrespective of the fuel combination used, values may apply emission limit for sulphur dioxide following media: a) 1000 mg/Nm3 for plants referred to in paragraphs 1 and 3 of article 5, as the mean value of the emissions of all installations of that type within the refinery.

b) 600 mg/Nm3, for new plants referred to in paragraph 2 of article 5, as the mean value of the emissions of all installations of that type within the refinery, with the exception of gas turbines.

The competent administration shall ensure that the application of this provision does not cause an increase in emissions from existing facilities.

4. in the case of installations equipped with a boiler mixed that it involves the use of two or more fuels, the authorisation referred to in paragraphs 1 or 2 of article 5 and in the case of the facilities provided for in paragraph 3 of article 5 or article 10, alternative set the emission limit values for those who will apply the emission limit values set out in annexes III to VII corresponding to each fuel employee.

Article 9. Removal of waste gases through the chimney.

1. the expulsion of waste gases from combustion plants shall be controlled through the chimney or similar infrastructure.

2. authorisations referred to in paragraphs 1 and 2 of article 5 and the authorizations of the combustion plants covered by article 10 shall establish the conditions of expulsion of gases. In particular, the competent authority is responsible for the chimney height is calculated in such a way that safeguard human health and the environment.

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

1. when a combustion plant thermal power should be increased at least 50 MW, the emission limit values set out in part B of annexes III to VII shall apply to the new part of the installation and shall be determined according to the thermal installation set power. This provision shall not apply in the cases provided for in paragraphs 2 and 3 of article 8.

2. when the holder of an installation of combustion, in relation to air pollution, intends to make an amendment referred to in article 3.e) and article 10(2) of the law 16/2002 of 1 July, integrated pollution prevention and control, the emission of sulphur dioxide limit values will apply , oxides of nitrogen and particles laid down in part B of annexes III to VII.

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

Where combustion plants whose emissions may cause significant impact to the environment of another Member State to be built, the Government will provide all appropriate information and host all the necessary consultations, in accordance with article 6 of the Royal Legislative Decree 1302 / 1986 of 28 June, of environmental impact assessment.

Article 12. Measurement and evaluation of emissions.

Measurement and assessment of emissions from combustion plants covered in chapter II, as well as any other value required for its implementation, shall be made in accordance with section A of annex VIII.

Article 13. Information that should be supplied to the administration.

With periodicity to be determined by the competent authority, and at least once a year, the owner of the facilities regulated by chapter II shall, in accordance with annex VIII, of the results of the continuous measurements, the results of examinations of the instruments of measurement and individual measurements, as well as any other measurement operation carried out with a view to the assessment of compliance with the provisions of chapter II.

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

1 in the case of continuous measurements, it shall be deemed that values emission limit set out in paragraph A of the annexes are respected III to VII if the assessment of the results indicate, for the hours of operation of a calendar year, that: a) average monthly value exceeds the values limit of emission, and b) in the case of : Sulphur dioxide and particles 1: 97 percent of all the average values of every 48 hours not exceed 110 per cent of the values emission limit.

2nd nitrogen oxides: 95 per cent of all 48 hourly mean values do not exceeds 110 per cent of the values emission limit.

The periods referred to in article 7, or start and stop periods is not taken into account.

2. in the cases referred to in the second transitory provision and in annex III, shall be considered that the rates of desulphurization were met when the evaluation of measurements carried out pursuant to paragraph A.3 of the annex VIII indicate that the totality of the middle values, calendar months, or all of media for mobile months values to achieve the required desulphurisation rates.

The periods referred to in article 7, or start and stop periods is not taken into account.

3 for new installations to which granting authorization in accordance with paragraph 2 of article 5, it shall be deemed that the emission limit values were respected, for the hours of operation within a calendar year, if: a) no validated daily average value exceeds the corresponding figures for the purposes of annexes III to VII (,) and (b) the 95 per cent of all validated hourly average values of the year does not exceed 200 per cent of the corresponding figures for the purposes of annexes III to VII.

The definitions of 'half validated value' are determined in paragraph A.6 of annex VIII.

The periods referred to in article 7, or start and stop periods is not taken into account.

4. in cases in which required only discontinuous measurements or other appropriate procedures for determination, it shall be considered that they respecting emission limit values if the results of each of the campaigns of measurement, or of the other procedures defined and determined according to the rules laid down by the competent administration, do not exceed the emission limit values set out in the relevant 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 footnotes of annex III or in the footnotes of page of section A of annex VI, the competent authority shall send an annual report to the European Commission, in accordance with article 10 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

2. equally, in accordance with the aforementioned legal channel, competent administration shall inform the Commission of the adoption of the programme referred to in paragraph 1 of article 4, the outcome of their application within a year of the conclusion of the different phases for reduction of emissions from existing facilities and its development at every stage.

Chapter III article 16 oil refineries. Emissions of sulphur dioxide from the regeneration of catalysts for fluid catalytic cracking units.

Without prejudice to the provisions of law 16/2002, of July 1, integrated prevention and control of pollution, from the entry into force of this Royal Decree of SO2 emissions from the regeneration of catalysts (FCC) Fluidised catalytic cracking units will 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 starting from the entry into force of this Royal Decree, the levels of emission of SO2 and particulate in the volumetric form referred to in the Decree 833/1975 of 6 February, and that they are applicable to oil refining facilities will be considered pursuant to the prevented by article 3.c) of this Royal Decree.

2. Likewise, since the entry into force of this Royal Decree, the levels of emission to that referred to in the Decree 833/1975 of 6 February, and which are applicable to oil refineries, they won't consider transitional periods of start, stop and blow.

Article 18. Performance of the new sulfur recovery plants.

Without prejudice to the provisions of law 16/2002, of July 1, integrated pollution prevention and control, the performance of new plants of sulfur recovery, in optimal conditions of operation, to be installed in the oil refineries from the entry into force of this Royal Decree, shall not be less to (: a) 96.5 percent, if the capacity is less than or equal to 20 tonnes per day.

(b) 97.5 per cent, if the capacity is greater than 20 t per day and less than 50 tonnes per day.
(c) 98.5 per cent, if the capacity is equal to or greater than 50 tonnes per day.

Chapter IV environmental discipline article 19. Sanctioning regime.

Non-compliance with regulated in this Royal Decree shall be subject to disciplinary regimes established in the applicable legislation and, in any case, as provided for in the law 38/1972, of 22 December, on the protection of the atmospheric environment, and law 16/2002, of July 1, integrated pollution prevention and control.

First transitional provision. Existing coal or oil-fired power plants emissions.

1. without prejudice to the provisions of the law 16/2002, of July 1, prevention and control integrated pollution, thermal coal or oil-fired power stations groups that, for the purposes of chapter II, are large facilities existing combustion, will continue complying with specific emission levels of SO2 and particles that are currently in force ((, in application of Decree 833/1975 of 6 February, the categories of existing or new installations of the annex IV of this, or be specifically fixed in their corresponding authorization from the Department of energy resolutions, relating to the conditions of the waste gases which are contained in paragraphs b)) and (c) of article 3 of this Royal Decree.

2. when in the power plants mentioned in the previous paragraph, and that they are prior to the Decree 833/1975 of 6 February, no groups of coal, whose authorization does not contain levels specific to SO2 and particulate emissions, these emissions shall comply with the same values that exist in the authorization of subsequent groups of the same plant, which are also large existing combustion plants for the purposes of chapter II.

3 coal-fired plants both in the fuel oil, when the expulsion of several groups that are large combustion plants are carried out by a single chimney, emission levels refer to the resulting flow.

4. the levels of emission of SO2 and particles that must comply with the existing large combustion plants covered by this transitional provision, both coal-fired plants as of fuel oil, will be subject, in the case of continuous measurements, the requirements listed in paragraphs 1 and 2 of article 14.

5 where only discontinuous measurements or other appropriate procedures for determination are required, any value of the quarterly average concentrations, understood as average weighted with flows, the monthly concentrations, will exceed the established emission level.

Second transitional provision. Requirements applicable to new power plants with a rated thermal input equal to or greater than 500 MW, using solid fuels authorized before December 31, 1999 and which come into operation by December 31, 2005.

Still the provisions of annex III, the new power plants of a rated thermal input equal to or greater than 500 MW using solid fuel domestic or import, authorized by the competent authority until 31 December 1999 and which come into operation before the end of the year 2005, subject to the following requirements: to) in the case of solid fuels of import the sulphur dioxide emission limit value of 800 mg/Nm3.

(b) in the case of domestic solid fuels, the rate of desulphurisation will be, at least 60 percent.

Provided that the total authorised capacity of installations to which this transitional provision applies does not exceed: 1 2,000 MW electrical for plants using solid fuels national.

2. for plants using solid fuels of import, or 7,500 MW electric, either 50 per cent of all the new capacity of all plants using solid fuels authorised up to 31 December 1999, taking into account the lower of these two values.

Third transitional provision. Exclusion of the application of chapter II to the gas turbines licensed before the entry into force of this Royal Decree.

Chapter II shall not apply to gas turbines licensed before the entry into force of this Royal Decree or to which have been subject to an application for authorization before the entry into force of this Royal Decree, provided that the installation is put into operation later than one year after that entry into force , without prejudice to the provisions in article 7(1) and in paragraphs A and B of annex VIII.

Fourth transitional provision. Provisions in relation to new installations authorized before the entry into force of this Royal Decree.

For installations new authorised before the entry into force of this Royal Decree, as provided for in paragraph 1 of article 5, article 4, paragraph 2 of article 5, article 6, paragraph 3 of article 15, annexes III, VI and VIII and point A.2 of annex IX of the Royal Decree 646/1991 22 April, they remain in force until January 1, 2008.

Fifth transitional provision. Procedures for measuring and evaluating emissions from combustion plants.

For existing facilities and new facilities that granting authorization in accordance with paragraph 1 of article 5, the provisions of point A.2 of annex VIII shall apply from 27 November 2004.

Sole repeal provision. Repeal legislation.

Without prejudice to the transitional provisions, the Royal Decree 646/1991, 22 April, which lays down new rules on limiting the emissions of certain pollutants from large combustion plants, will be repealed upon the entry into force of this Royal Decree.

First final provision. Modification of Decree 833/1975 of 6 February.

From the entry into force of this Royal Decree, paragraph 7, oil refineries, in relation to emission of SO2, annex IV of Decree 833/1975 of 6 February, which develops law 38/1972, of 22 December, on the protection of the atmospheric environment, shall apply only to «facilities», leaving your new modified wording in the following way : «Emission SO2 mg/Nm3 new installations forecast 1980 other facilities existing facilities (Note 1) 3,400 3,400 2,500 note 1: excluding facilities for the regeneration of catalysts for catalytic cracking units and sulfur recovery plants.»

Second final provision. Constitutional basis.

This Royal Decree have basic character under cover of the provisions of article 149.1.23. ª and 25.ª of the Constitution.

Third final provision. Enabling development.

1 authorizes the Ministers of economy, environment and science and technology, within the scope of their respective competencies, to enact the provisions necessary for the implementation and development of this Royal Decree.

2. in particular, the Ministers of economy and environment, within the scope of their respective competencies, may provide, so emissions measurements homogeneous and comparable, results procedures and requirements for the measurement and evaluation of emissions from the installations referred to in chapter II.

3. in addition, the Ministers of environment and economy, to comply with their information needs, in particular to the commitments of submitting information to the European Commission, within the scope of their respective powers and without prejudice to the competences assigned to other agencies, may adopt arrangements with regard to the information which must convey the owners of facilities that referred to in chapter II.

Fourth final provision. Entry into force.

This Royal Decree shall enter into force the day following its publication in the "Official Gazette".

Given in Madrid, on March 12, 2004.

JUAN CARLOS R.

The second Vice President of the Government and Minister of the Presidency, JAVIER ARENAS BOCANEGRA annex I stops and targets for the reduction of SO2 emissions for existing installations (1) (2) 0 1 2 3 4 5 6 7 8 9 SO2 emission of large installations of combustion in 1980 (KT) stops emissions (kilotonnes/year) % reduction on emissions % reduction over adjusted emissions 1980 1980 1 1993 2 1998 2003 3 phase phase phase





1 1993 phase phase 2 1998 phase 3 2003 phase 1 1993 phase 2 1998 phase 3 2003 2.290 2.290 1.730 1,440 0 - 24-37 - 21 - 40-50 (1) may result in additional emissions because of the capacity authorized from July 1, 1987.
(2) emissions coming from combustion plants authorised before 1 July 1987 but are not yet in operation before that date and that have not been taken into account to set the emission ceilings laid down in this annex shall comply with the requirements of this Royal Decree to be taken into account in the framework of global emissions from existing facilities or new installations that they must not exceed the ceilings fixed in this annex.

Annex II stops and targets for the reduction of emissions of NOx for existing installations (1) (2) 0 1 2 3 4 5 6 emissions of NOx (as NO2) large combustion plants in 1980 (KT) stops emissions (kilotonnes/year) % reduction on emissions % reduction over adjusted emissions 1980 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) may result in additional emissions because of the capacity authorized from July 1, 1987.

(2) emissions coming from combustion plants authorised before 1 July 1987 but are not yet in operation before that date and that have not been taken into account to set the emission ceilings laid down in this annex shall conform to the requirements of this Royal Decree for new installations or be taken into account in the framework of global emissions from existing facilities that they must not exceed the ceilings fixed in this annex.

Annex III emission limit values for sulphur dioxide (SO2) combustible solid a. Securities emission limit of SO2 expressed in mg/Nm3 (6% O2 content) to be applied to new installations and existing installations referred to in paragraphs 1 and 3 of article 5, respectively: Note: when emission limit values indicated in the graphic may not get due to the characteristics of the fuel , must be achieved a rate of desulphurisation of at least 60% in the case of plants with a rated thermal input exceeding 100 MW, 75% in the case of plants with a rated thermal input exceeding 100 MW and 300 MW or less, and 90% in the case of plants with a rated thermal input exceeding 300 MW. In the case of installations with a rated thermal input greater than 500 MW, shall apply a rate of desulphurisation of at least 94% or minimum 92% when a contract for the installation of desulfurization of gases of combustion or lime injection equipment has been concluded and the works have started in that installation before January 1, 2001.

B. emission limit values for SO2 expressed in mg/Nm3 (6% O2 content) to be applied by new plants referred to in paragraph 2 of article 5, with the exception of gas turbines: type of fuel 50-100 MW thermal 100 to 300 MW thermal > 300 MW thermal biomass 200 200 200 case general 850 200 (1) 200 (1) except in the case of the outermost regions that 850 to 200 mg/Nm3 (linear decrease) shall apply.

Note: When emission limit values indicated in the chart do not can get due to the characteristics of the fuel, facilities must achieve a 300 mg/Nm3 SO2 emission level or a desulphurisation rate of at least 92% in the case of plants with a rated thermal input exceeding 300 MW and in the case of plants with a rated thermal input exceeding 300 MW as a percentage of desulfurization of at least 95% and a maximum of 400 mg/Nm3 admissible emission limit value.

Annex IV values of fuels SO2 emission limit liquids. emission limit values for SO2 expressed in mg/Nm3 (3% O2 content) to be applied to new installations and existing installations referred to in paragraphs 1 and 3 of article 5, respectively: B. Securities emission limit of SO2 expressed in mg/Nm3 (3% O2 content) to be applied by new plants referred to in paragraph 2 of article 5 , 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 in the case of the outermost regions, that 850 to 200 mg/Nm3 (linear decrease) shall apply.

Annex V fuels SO2 emission limit values gaseous a. Securities emission limit of SO2 expressed in mg/Nm3 (3% O2 content) to be applied to new installations and existing installations referred to in paragraphs 1 and 3 of article 5, respectively: fuel type values (mg/Nm3) gaseous fuels emission limit in general 35 liquefied Gas 5 low calorific value gas from gasification of refinery residues gas from coke ovens, blast furnaces 800 Gas gas from gasification of coal (1) (1) the emission limit values applicable to such gas shall be fixed in the future.

B. emission limit values for SO2 expressed in mg/Nm3 (3% O2 content) to be applied by new plants referred to in paragraph 2 of article 5: fuel type values (mg/Nm3) gaseous fuels emission limit in general 35 liquefied Gas 5 Gases of low calorific value from coke ovens 400 Gases of low calorific value from high furnaces 200 annex VI values for NOx (measured in NO2) emission limit

A NOx emission limit values expressed in mg/Nm3 (O2 content 6% for solid fuels and 3% for liquid and gaseous fuels) that should apply to new installations and existing installations referred to in paragraphs 1 and 3 of article 5, respectively: type of fuel values (mg/Nm3) solid (1) emission limit (2) (3). : 50 to 500 MW thermal 600 > 500 MW thermal 500 from 1 January 2016: 50 to 500 from 600 thermal MW > 500 MW thermal 200 liquid: 50 to 500 MW thermal 450 > 500 MW thermal 400 gaseous: 50 to 500 MW thermal 300 > 500 MW thermal 200 (1) except in the case of the outermost regions, in which the following values shall apply : Solid in general: 650.

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

Liquid: 450.

Gas: 350.

(2) until 31 December 2015 plants of a rated thermal input greater than 500 MW, which starting from 2008 do not exceed more than 2,000 hours of operation per year (moving average calculated over a period of five years), shall, in the case of existing facilities under the National Plan for reducing emissions, in accordance with article 5.3 to assess the contribution of nitrogen oxides emissions (measured in NO2) of each one of them to the National Plan on the basis of a limit value of 600 mg/Nm3.

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

(3) until 1 January 2018 for installations that during the period of 12 months prior to the 1 of January 2001 were used, and still use, solid fuels whose volatile compounds were less than 10%, 1200 mg/Nm3 shall apply.

B. emission limit values for NOx expressed in mg/Nm3 to be applied by new plants referred to in paragraph 2 of article 5, with the exception of gas turbines: solid fuels (6% O2 content): type of fuel 50-100 MW thermal 100 to 300 MW thermal > 300 MW thermal biomass 400 300 200 400 200 general (1) case 200
(1) except in the case of the outermost regions, in which 300 mg/Nm3 shall apply.

Liquid fuels (3% O2 content): 50-100 MW thermal 100 to 300 MW thermal > 300 MW thermal 400 200 (1) 200 (1) except in the case of the outermost regions, in which 300 mg/Nm3 shall apply.

Gaseous fuels (3% O2 content): 50 to 300 MW thermal > 300 MW thermal (1) 150 100 natural Gas other 200 200 gas (1) except in the case of the outermost regions, in which 300 mg/Nm3 shall apply.

Gas turbines: emission limit values for NOx, expressed in mg/Nm3 (15% O2 content) to be applied by a single unit of gas turbine in accordance with paragraph 2 of article 5 (values limit apply only above 70% load): 50 MW thermal (thermal input at ISO conditions) natural Gas (1) 50 (2) liquid fuels (3) 120 120 (other than natural gas) gaseous fuels (1) natural gas is methane natural that has no more than 20% (by volume) inerts and other constituents.

(2) 75 mg/Nm3 in the following cases, when the performance of gas turbine is determined at ISO conditions for charging base: gas turbines used on a system that combines heat and electricity that have a greater than 75% overall performance gas turbines used in installations of combined cycle whose annual average overall electrical efficiency greater than 55%.

Gas turbines for mechanical drives.

For gas turbines of single cycle that do not fall within any of the above categories, but who have a performance superior to 35% - determined at ISO conditions for charging base - the emission limit value shall be 50 * η/35, g being the performance of turbine gas expressed as a percentage (and determined at ISO conditions for charging base).

(3) this emission limit value only applies to gas turbines distilled light and media consumed.

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 each year to the competent authorities a record of such used time.

Annex VII a. particulate emission limit values particulate emission limit values expressed in mg/Nm3 (O2 content 6% for solid fuels and 3% for liquid and gaseous fuels) that should apply to new installations and existing installations referred to in paragraphs 1 and 3 of article 5, respectively: type of fuel rated thermal input - (MW) emission - (mg/Nm3) solid ≥ 500 limit values < 500 50 (2) 100






Liquid (1) installations.





50 gaseous installations.





5 as a general rule, but 10 for gas furnaces 50 for gases produced by the steel industry which can have other uses.





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

(2) may apply a value of 100 mg/Nm3 emission limit authorised facilities in accordance with paragraph 3 of article 5 with a rated thermal input equal to or greater than 500 MW burning solid fuel with a heat content of less than 5800 kJ/kg (lower calorific value), a moisture content greater than 45% by weight a combined moisture and ash content greater than 60% of the weight and content of greater than 10% calcium oxide.

B. limit values for particulate emissions expressed in mg/Nm3 to be applied by new plants referred to in paragraph 2 of article 5, with the exception of gas turbines: solid fuels (6% O2 content): 50-100 MW thermal > 100 MW thermal 50 30 liquid fuels (3% O2 content): 50-100 MW thermal > 100 MW thermal 50 30 gaseous fuels (3% O2 content) (: As standard 5 for gas furnaces 10 for gases produced by the steel industry which can have other uses 30 Annex VIII method of measuring the emissions of installations applies to chapter II A) procedures for the measurement and evaluation of emissions from combustion plants.

1. until November 27, 2004.

(a) the concentrations of SO2, particulate matter and NOx shall be measured continuously in the case of new installations whose authorisation is granted in accordance with paragraph 1 of article 5, with a rated thermal input exceeding 300 MW. However, the control of SO2 and particles may be limited to discontinuous measurements or other measurement procedures appropriate in cases in which such measures 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 authorisation is granted in accordance with paragraph 1 of article 5, not subject to the provisions of paragraph first, the competent authority may require that be carried out continuous measurements of those three pollutants in cases deemed necessary. Where continuous measurements are not required such, will draw on a regular basis to discontinuous measurements or measuring proper procedures with the prior approval of the competent authority, in order to assess the amount of above mentioned substances present in the emissions.

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

a) concentrations of SO2, particulate matter and NOx from waste gases from each combustion plant shall be measured continuously in the case of installations with a rated thermal input equal to or greater than 100 MW.

In petroleum refineries, petrochemical plants and plants for production of lubricants, will have of measuring continuous emissions of SO2, NOx and particles in fireplaces or in the ducts of flue that connected combustion plants whose powers join more than 50 MW thermal.

((b) however the paragraph to) earlier, need not be continuous measurement in the following cases: 1 for combustion plants with a lifespan less than 10,000 hours of activity.

2. for SO2 and dust from boilers gas turbines that use natural gas or natural gas.

3rd for SO2 from gas turbines or boilers of diesel oil with a sulphur content of known, in cases in desulphurization equipment is not available.

4th for the SO2 from boilers fired with biomass if the owner can show that in any case SO2 emissions exceed the emission limit values set out.

(c) where continuous measurements are not required, discontinuous measurements are required at least every six months. As an alternative, appropriate determination procedures, which the competent administration shall verify and approve, to evaluate the quantity of the above mentioned pollutants present in emissions may be used. Such procedures shall use relevant CEN standards as soon as they are available. In case of absence of CEN standards, ISO standards or other national or international standards that guarantee the obtaining of data of an equivalent scientific quality shall apply.

3. in the case of facilities which must comply with desulphurisation rate provided for in the second transitory provision and in annex III, shall apply requirements concerning SO2 emission measurements established in paragraph 2. The sulphur content of com fuel used in the combustion plant facilities should also should be checked regularly.

4 inform the competent administration of the substantial changes to the type of fuel used or in the mode of operation of the facility. This will decide whether monitoring requirements set out in paragraph 2 above are still adequate or require to be adapted.
5.1. the continuous measurements carried out pursuant to paragraph 2 shall include the exploitation process relevant parameters relating to oxygen content, temperature, pressure and combustion gas water vapour content. The continuous measurement of the water vapour content shall not be required, provided that the sample of the waste gas of combustion has dried before the emissions are analysed, or can be demonstrated that estimation by calculation from the fuels used and the operating conditions have adequate accuracy.

5.2. the representative measurements, i.e. sampling and analysis, of relevant pollutants and process parameters, as well as methods of measurement reference to calibrate automated measurement systems shall be conducted to CEN standards as soon as they are available. In case of absence of CEN standards, ISO standards or other national or international standards that guarantee the obtaining of data of an equivalent scientific quality shall apply.

5.3 continuous measuring systems shall be subject to control by means of parallel measurements with the reference methods at least once a year.

6.1. the values of the confidence intervals of 95% of a single measured result shall not exceed the following percentages of the values emission limit: 20% sulphur dioxide.

20% nitrogen oxides.

Particles 30%.

6.2. the validated hourly and daily average values shall be determined from valid hourly average values, measured once subtracted the value of the confidence interval specified above.

6.3. is Noot the days in which more than three hourly average values are invalid due to malfunction or maintenance of the continuous measurement system. If for these reasons will invalidate more than ten days a year, the competent administration require the owner to take the necessary measures to improve the reliability of the continuous monitoring system.

(B) determination of the total annual emissions of combustion plants.

1. until 2003, inclusive, be informed to the competent authority, and in any case to the General Administration of the State, the determination of total annual emissions of SO2 and NOx for new combustion installations. When it is a continuous control, the owner of the combustion plant added, separately for each pollutant, the same mass emitted each day, according to the indices of the volumetric flow of the waste gases. Where continuous monitoring is not carried out, the holder will be the estimate of the annual totals of emissions pursuant to provisions of paragraph A.1 of this annex, according to what is established by the competent administration.

2 General Administration of the State shall communicate to the Commission the total annual emissions of SO2 and NOx from the new facility, at the same time as the communication established pursuant to paragraph C.3 of this annex concerning the total annual emissions of existing plants.

3 starting from the year 2004 and for each subsequent year, the General Administration of the State shall establish an inventory of emissions of SO2, NOx and dust from all combustion plants with a rated thermal input equal to or greater than 50 MW. Dentro_de the first two months of each calendar year, the owner of the installation shall inform it of the following data relating to the preceding calendar year: to) (in tons/year) annual total emissions of SO2, NOx and particles (as total suspended particles).

(b) the total annual energy consumption, on the basis of the net calorific power, classified into five categories of fuel: 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 Commission a summary of the results of this inventory, presenting separately the emissions of the refineries. This summary must occur within twelve months following the end of the three year period taken into consideration.

5 starting from January 1, 2008, the General Administration of the State shall report annually to the European Commission's existing plants declared eligible under paragraph 4 of article 5, together with the balance of the hours used and unused authorized for the rest of the operational life of the facilities.

(C) determination of the total annual emissions of existing plants until 2003 inclusive.

1. the General Administration of the State establish, starting from 1990 and for each subsequent year until 2003 inclusive, a complete inventory of emissions of SO2 and NOx from existing plants: installation installation for installations above 300 MW thermal power and refineries.

A general inventory for other combustion plants to which apply chapter II and annexes of this Royal Decree.

2. the method used for the realization of such inventories shall conform to that used in 1980 to determine emissions of SO2 and NOx from combustion plants.

3. the results of this inventory, properly collected, shall be communicated by the General Administration of the State to the European Commission in nine months following the end of the year concerned.

Related Laws