# Council Decision (EU) 2017/1757 of 17 July 2017 on the acceptance on behalf of the European Union of an Amendment to the 1999 Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution to Abate Acidification, Eutrophication and Ground-Level Ozone, Division 1: For annex IV the following text is substituted:

Extent: E+W+S+N.I.

‘ Limit values for emissions of sulphur from stationary sources
1.
Section A applies to Parties other than Canada and the United States of America, section B applies to Canada and section C applies to the United States of America.
A.
Parties other than Canada and the United States of America
2.
For the purpose of this section “emission limit value” (ELV) means the quantity of SO2 (or SOx where mentioned as such) contained in the waste gases from an installation that is not to be exceeded. Unless otherwise specified, it shall be calculated in terms of mass of SO2 (SOx, expressed as SO2) per volume of the waste gases (expressed as mg/m3), assuming standard conditions for temperature and pressure for dry gas (volume at 273,15 K, 101,3 kPa). With regard to the oxygen content of the waste gas, the values given in the tables below for each source category shall apply. Dilution for the purpose of lowering concentrations of pollutants in waste gases is not permitted. Start-up, shutdown and maintenance of equipment are excluded.
3.
Compliance with ELVs, minimum desulphurization rates, sulphur recovery rates and sulphur content limit values shall be verified:
(a) Emissions shall be monitored through measurements or through calculations achieving at least the same accuracy. Compliance with ELVs shall be verified through continuous or discontinuous measurements, type approval, or any other technically sound method including verified calculation methods. In case of continuous measurements, compliance with the ELV is achieved if the validated monthly emission average does not exceed the limit value, unless otherwise specified for the individual source category. In case of discontinuous measurements or other appropriate determination or calculation procedures, compliance with the ELV is achieved if the mean value based on an appropriate number of measurements under representative conditions does not exceed the ELV. The inaccuracy of the measurement methods may be taken into account for verification purposes;
(b) In case of combustion plants applying the minimum rates of desulphurization set out in paragraph 5 (a) (ii), the sulphur content of the fuel shall also be regularly monitored and the competent authorities shall be informed of substantial changes in the type of fuel used. The desulphurization rates shall apply as monthly average values;
(c) Compliance with the minimum sulphur recovery rate shall be verified through regular measurements or any other technically sound method;
(d) Compliance with the sulphur limit values for gas oil shall be verified through regular targeted measurements.
4.
Monitoring of relevant polluting substances and measurements of process parameters, as well as the quality assurance of automated measuring systems and the reference measurements to calibrate those systems, shall be carried out in accordance with European Committee for Standardization (CEN) standards. If CEN standards are not available, International Organization for Standardization (ISO) standards, national or international standards which will ensure the provision of data of an equivalent scientific quality shall apply.
5.
The following subparagraphs set out special provisions for combustion plants referred to in paragraph 7:
(a) A Party may derogate from the obligation to comply with the emission limit values provided for in paragraph 7 in the following cases:
(i) For a combustion plant which to this end normally uses low-sulphur fuel, in cases where the operator is unable to comply with those limit values because of an interruption in the supply of low-sulphur fuel resulting from a serious shortage;
(ii) For a combustion plant firing indigenous solid fuel, which cannot comply with the emission limit values provided for in paragraph 7, instead at least the following limit values for the rates of desulphurization have to be met:
(aa) Existing plants: 50–100 MWth: 80 %;
(bb) Existing plants: 100–300 MWth: 90 %;
(cc) Existing plants: > 300 MWth: 95 %;
(dd) New plants: 50–300 MWth: 93 %;
(ee) New plants: > 300 MWth: 97 %;
(iii) For combustion plants normally using gaseous fuel which have to resort exceptionally to the use of other fuels because of a sudden interruption in the supply of gas and for this reason would need to be equipped with a waste gas purification facility;
(iv) For existing combustion plants not operated more than 17 500 operating hours, starting from 1 January 2016 and ending no later than 31 December 2023;
(v) For existing combustion plants using solid or liquid fuels not operated more than 1 500 operating hours per year as a rolling average over a period of five years, instead the following ELVs apply:
(aa) For solid fuels: 800 mg/m3;
(bb) For liquid fuels: 850 mg/m3 for plants with a rated thermal input not exceeding 300 MWth and 400 mg/m3 for plants with a rated thermal input greater than 300 MWth;
(b) Where a combustion plant is extended by at least 50 MWth, the ELV specified in paragraph 7 for new installations shall apply to the extensional part affected by the change. The ELV is calculated as an average weighted by the actual thermal input for both the existing and the new part of the plant;
(c) Parties shall ensure that provisions are made for procedures relating to malfunction or breakdown of the abatement equipment;
(d) In the case of a multi-fuel firing combustion plant involving the simultaneous use of two or more fuels, the ELV shall be determined as the weighted average of the ELVs for the individual fuels, on the basis of the thermal input delivered by each fuel.
6.
Parties may apply rules by which combustion plants and process plants within a mineral oil refinery may be exempted from compliance with the individual SO2 limit values set out in this annex, provided that they are complying with a bubble SO2 limit value determined on the basis of the best available techniques.
7.
Combustion plants with a rated thermal input exceeding 50 MWth:
Table 1
Limit values for SO2 emissions from combustion plants
In particular, the ELVs shall not apply to:
Plants in which the products of combustion are used for direct heating, drying, or any other treatment of objects or materials;
Post-combustion plants designed to purify the waste gases by combustion which are not operated as independent combustion plants;
Facilities for the regeneration of catalytic cracking catalysts;
Facilities for the conversion of hydrogen sulphide into sulphur;
Reactors used in the chemical industry;
Coke battery furnaces;
Cowpers;
Recovery boilers within installations for the production of pulp;
Waste incinerators; and
Plants powered by diesel, petrol or gas engines or by combustion turbines, irrespective of the fuel used.
The O2 reference content is 6 % for solid fuels and 3 % for liquid and gaseous fuels.
Note: FBC = fluidized bed combustion (circulating, pressurized, bubbling).
Fuel type
Thermal input (MWth)
ELV for SO2 mg/m3
Solid fuels
50–100
New plants:
400 (coal, lignite and other solid fuels)
300 (peat)
200 (biomass)
Existing plants:
400 (coal, lignite and other solid fuels)
300 (peat)
200 (biomass)
100–300
New plants:
200 (coal, lignite and other solid fuels)
300 (peat)
200 (biomass)
Existing plants:
250 (coal, lignite and other solid fuels)
300 (peat)
200 (biomass)
> 300
New plants:
150 (coal, lignite and other solid fuels) (FBC: 200)
150 (peat) (FBC: 200)
150 (biomass)
Existing plants:
200 (coal, lignite and other solid fuels)
200 (peat)
200 (biomass)
Liquid fuels
50–100
New plants: 350
Existing plants: 350
100–300
New plants: 200
Existing plants: 250
> 300
New plants: 150
Existing plants: 200
Gaseous fuels in general
> 50
New plants: 35
Existing plants: 35
Liquefied gas
> 50
New plants: 5
Existing plants: 5
Coke oven gas or blast furnace gas
> 50
New plants:
200 for blast furnace gas
400 for coke oven gas
Existing plants:
200 for blast furnace gas
400 for coke oven gas
Gasified refinery residues
> 50
New plants: 35
Existing plants: 800
8.
Gas oil:
Table 2
Limit values for the sulphur content of gas oil
“Gas oil” means any petroleum-derived liquid fuel, excluding marine fuel, falling within CN code 2710 19 25, 2710 19 29, 2710 19 45 or 2710 19 49, or any petroleum-derived liquid fuel, excluding marine fuel, of which less than 65 % by volume (including losses) distils at 250 °C and of which at least 85 % by volume (including losses) distils at 350 °C by the ASTM D86 method. Diesel fuels, i.e., gas oils falling within CN code 2710 19 41 and used for self-propelling vehicles, are excluded from this definition. Fuels used in non-road mobile machinery and agricultural tractors are also excluded from this definition.
Sulphur content (per cent by weight)
Gas oil
< 0,10
9.
Mineral oil and gas refineries:
Sulphur recovery units: for plants that produce more than 50 Mg of sulphur a day:
Table 3
Limit value expressed as a minimum sulphur recovery rate of sulphur recovery units
The sulphur recovery rate is the percentage of the imported H2S converted to elemental sulphur as a yearly average.
Plant type
Minimum sulphur recovery rate (%)
New plant
99,5
Existing plant
98,5
10.
Titanium dioxide production:
Table 4
Limit values for SOx emissions released from titanium dioxide production (annual average)
Plant type
ELV for SOx (expressed as SO2) (kg/t of TiO2)
Sulphate process, total emission
6
Chloride process, total emission
1,7
B.
Canada
11.
Limit values for controlling emissions of sulphur oxides will be determined for stationary sources, as appropriate, taking into account information on available control technologies, limit values applied in other jurisdictions, and the documents below:
(a) Order Adding Toxic Substances to Schedule 1 to the Canadian Environmental Act, 1999. SOR/2011-34;
(b) Proposed Regulation, Order Adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999;
(c) New Source Emission Guidelines for Thermal Electricity Generation;
(d) National Emission Guidelines for Stationary Combustion Turbines. PN1072; and
(e) Operating and Emission Guidelines for Municipal Solid Waste Incinerators. PN1085.
C.
United States of America
12.
Limit values for controlling emissions of sulphur dioxide from stationary sources in the following stationary source categories, and the sources to which they apply, are specified in the following documents:
(a) Electric Utility Steam Generating Units — 40 Code of Federal Regulations (C.F.R.) Part 60, Subpart D, and Subpart Da;
(b) Industrial-Commercial-Institutional Steam Generating Units — 40 C.F.R. Part 60, Subpart Db, and Subpart Dc;
(c) Sulphuric Acid Plants — 40 C.F.R. Part 60, Subpart H;
(d) Petroleum Refineries — 40 C.F.R. Part 60, Subpart J and Subpart Ja;
(e) Primary Copper Smelters — 40 C.F.R. Part 60, Subpart P;
(f) Primary Zinc Smelters — 40 C.F.R. Part 60, Subpart Q;
(g) Primary Lead Smelters — 40 C.F.R. Part 60, Subpart R;
(h) Stationary Gas Turbines — 40 C.F.R. Part 60, Subpart GG;
(i) Onshore Natural Gas Processing — 40 C.F.R. Part 60, Subpart LLL;
(j) Municipal Waste Combustors — 40 C.F.R. Part 60, Subpart Ea, and Subpart Eb;
(k) Hospital/Medical/Infectious Waste Incinerators — 40 C.F.R. Part 60, Subpart Ec;
(l) Stationary Combustion Turbines — 40 C.F.R. Part 60, Subpart KKKK;
(m) Small Municipal Waste Combustors — 40 C.F.R. Part 60, Subpart AAAA;
(n) Commercial and Industrial Solid Waste Combustors — 40 C.F.R. Part 60, Subpart CCCC; and
(o) Other Solid Waste Combustors — 40 C.F.R. Part 60, Subpart EEEE.’

---
Source: https://www.legislation.gov.uk/eudn/2017/1757/annex/division/Q/division/1 (the official version)
Page: https://openlegislation.uk/eu-decision-2017-1757/annex/division-Q/division-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.