{
  "url": "https://openlegislation.uk/eu-decision-2017-1757/annex/division-R",
  "json_url": "https://openlegislation.uk/eu-decision-2017-1757/annex/division-R.json",
  "legislation": "eudn/2017/1757",
  "legislation_title": "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",
  "legislation_url": "https://openlegislation.uk/eu-decision-2017-1757",
  "path": "annex/division/R",
  "kind": "division",
  "number": "R",
  "heading": "Annex V",
  "text": "For annex V the following text is substituted:\n‘ Limit values for emissions of nitrogen oxides from stationary sources\n1.\nSection 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.\nA.\nParties other than Canada and the United States of America\n2.\nFor the purpose of this section “emission limit value” (ELV) means the quantity of NOx (sum of NO and NO2, expressed as NO2) 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 NOx 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.\n3.\nEmissions shall be monitored in all cases via measurements of NOx or through calculations or a combination of both 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 ELVs is achieved if the validated monthly emission average does not exceed the limit values. In case of discontinuous measurements or other appropriate determination or calculation procedures, compliance with the ELVs 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.\n4.\nMonitoring 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 CEN standards. If CEN standards are not available, ISO standards or national or international standards which will ensure the provision of data of an equivalent scientific quality shall apply.\n5.\nSpecial provisions for combustion plants referred to in paragraph 6:\n(a) A Party may derogate from the obligation to comply with the ELVs provided for in paragraph 6 in the following cases:\n(i) 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;\n(ii) 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; or\n(iii) For existing combustion plants other than onshore gas turbines (covered by paragraph 7) 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:\n(aa) For solid fuels: 450 mg/m3;\n(bb) For liquid fuels: 450 mg/m3.\n(b) Where a combustion plant is extended by at least 50 MWth, the ELV specified in paragraph 6 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;\n(c) Parties shall ensure that provisions are made for procedures relating to malfunction or breakdown of the abatement equipment;\n(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. Parties may apply rules by which combustion plants and process plants within a mineral oil refinery may be exempted from compliance with the individual NOx limit values set out in this annex, provided that they are complying with a bubble NOx limit value determined on the basis of the best available techniques.\n6.\nCombustion plants with a rated thermal input exceeding 50 MWth:\nTable 1\nLimit values for NOx emissions released from combustion plants\nIn particular, the ELVs shall not apply to:\nPlants in which the products of combustion are used for direct heating, drying, or any other treatment of objects or materials;\nPost-combustion plants designed to purify the waste gases by combustion which are not operated as independent combustion plants;\nFacilities for the regeneration of catalytic cracking catalysts;\nFacilities for the conversion of hydrogen sulphide into sulphur;\nReactors used in the chemical industry;\nCoke battery furnaces;\nCowpers;\nRecovery boilers within installations for the production of pulp;\nWaste incinerators; and\nPlants powered by diesel, petrol or gas engines or by combustion turbines, irrespective of the fuel used.\nThe O2 reference content is 6 % for solid fuels and 3 % for liquid and gaseous fuels.\nFuel type\nThermal input (MWth)\nELV for NOx (mg/m3)\nSolid fuels\n50–100\nNew plants:\n300 (coal, lignite and other solid fuels)\n450 (pulverized lignite)\n250 (biomass, peat)\nExisting plants:\n300 (coal, lignite and other solid fuels)\n450 (pulverized lignite)\n300 (biomass, peat)\n100–300\nNew plants:\n200 (coal, lignite and other solid fuels)\n200 (biomass, peat)\nExisting plants:\n200 (coal, lignite and other solid fuels)\n250 (biomass, peat)\n> 300\nNew plants:\n150 (coal, lignite and other solid fuels) (general)\n150 (biomass, peat)\n200 (pulverized lignite)\nExisting plants:\n200 (coal, lignite and other solid fuels)\n200 (biomass, peat)\nLiquid fuels\n50–100\nNew plants: 300\nExisting plants: 450\n100–300\nNew plants: 150\nExisting plants:\n200 (general)\nExisting plants within refineries and chemical installations:\n450 (for firing of distillation and conversion residues from crude oil refining for own consumption in combustion plants and for firing liquid production residue as non-commercial fuel)\n> 300\nNew plants: 100\nExisting plants:\n150 (general)\nExisting plants within refineries and chemical installations:\n450 (for firing of distillation and conversion residues from crude oil refining for own consumption in combustion plants and for firing liquid production residue as non-commercial fuel (< 500 MWth))\nNatural gas\n50–300\nNew plants: 100\nExisting plants: 100\n> 300\nNew plants: 100\nExisting plants: 100\nOther gaseous fuels\n> 50\nNew plants: 200\nExisting plants: 300\n7.\nOnshore combustion turbines with a rated thermal input exceeding 50 MWth: the NOx ELVs expressed in mg/m3 (at a reference O2 content of 15 %) are to be applied to a single turbine. The ELVs in table 2 apply only above 70 % load.\nTable 2\nLimit values for NOx emissions released from onshore combustion turbines (including Combined Cycle Gas turbines (CCGT))\nGas turbines for emergency use that operate less than 500 hours per year are not covered.\nNatural gas is naturally occurring methane with not more than 20 % (by volume) of inert gases and other constituents.\n75 mg/m3 in the following cases, where the efficiency of the gas turbine is determined at ISO base load conditions:\nGas turbines, used in combined heat and power systems having an overall efficiency greater than 75 %;\nGas turbines used in combined cycle plants having an annual average overall electrical efficiency greater than 55 %;\nGas turbines for mechanical drives.\nFor single gas turbines not falling into any of the categories mentioned under footnote c/, but having an efficiency greater than 35 % — determined at ISO base load conditions — the ELV for NOx shall be 50 × η/35 where η is the gas-turbine efficiency at ISO base load conditions expressed as a percentage.\nFuel type\nThermal input (MWth)\nELV for NOx (mg/m3)\nLiquid fuels (light and medium distillates)\n> 50\nNew plants: 50\nExisting plants:\n90 (general)\n200 (plants operating less than 1 500 hours a year)\nNatural gas\n> 50\nNew plants:\n50 (general)\nExisting plants:\n50 (general)\n150 (plants operating less than 1 500 hours per year)\nOther gases\n> 50\nNew plants: 50\nExisting plants:\n120 (general)\n200 (plants operating less than 1 500 hours a year)\n8.\nCement production:\nTable 3\nLimit values for NOx emissions released from cement clinker production\nInstallations for the production of cement clinker in rotary kilns with a capacity > 500 Mg/day or in other furnaces with a capacity > 50 Mg/day. The O2 reference content is 10 %.\nPlant type\nELV for NOx (mg/m3)\nGeneral (existing and new installations)\n500\nExisting lepol and long rotary kilns in which no waste is co-incinerated\n800\n9.\nStationary engines:\nTable 4\nLimit values for NOx emissions released from new stationary engines\nThese ELVs do not apply to engines running less than 500 hours a year.\nWhere Selective Catalytic Reduction (SCR) cannot currently be applied for technical and logistical reasons like on remote islands or where the availability of sufficient amounts of high quality fuel cannot be guaranteed, a transition period of 10 years after the entry into force of the present Protocol for a Party may be applied for diesel engines and dual fuel engines during which the following ELVs apply:\nDual fuel engines: 1 850 mg/m3 in liquid mode; 380 mg/m3 in gas mode;\nDiesel engines — Slow (< 300 rpm) and Medium (300–1 200 rpm)/speed: 1 300 mg/m3 for engines between 5 and 20 MWth and 1 850 mg/m3 for engines > 20 MWth;\nDiesel engines — High speed (> 1 200 rpm): 750 mg/m3.\nEngines running between 500 and 1 500 operational hours per year may be exempted from compliance with these ELVs in case they are applying primary measures to limit NOx emissions and meet the ELVs set out in footnote b;\nA Party may derogate from the obligation to comply with the emission limit values for combustion plants 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. The exception time period shall not exceed 10 days except where there it is an overriding need to maintain energy supplies.\nThe conversion factor from the limit values in the current Protocol (at 5 % oxygen content) is 2,66 (16/6).\nThus, the limit value of:\n190 mg/m3 at 15 % O2 corresponds to 500 mg/m3 at 5 % O2;\n95 mg/m3 at 15 % O2 corresponds to 250 mg/m3 at 5 % O2;\n225 mg/m3 at 15 % O2 corresponds to 600 mg/m3 at 5 % O2.\nNote: The reference oxygen content is 15 %\nEngine type, power, fuel specification\nELV (mg/m3)\nGas engines > 1 MWth\nSpark ignited (= Otto) engines all gaseous fuels\n95 (enhanced lean burn)\n190 (Standard lean burn or rich burn with catalyst)\nDual fuel engines > 1 MWth\nIn gas mode (all gaseous fuels)\n190\nIn liquid mode (all liquid fuels)\n1–20 MWth\n225\n> 20 MWth\n225\nDiesel engines > 5 MWth\n(compression ignition)\nSlow (< 300 rpm)/Medium (300-1 200 rpm)/speed\n5–20 MWth\nHeavy Fuel Oil (HFO) and bio-oils\nLight Fuel Oil (LFO) and Natural Gas (NG)\n225\n190\n> 20 MWth\nHFO and bio-oils\n190\nLFO and NG\n190\nHigh speed (> 1 200 rpm)\n190\n10.\nIron ore sinter plants:\nTable 5\nLimit values for NOx emissions released from iron ore sinter plants\n(a) Production and processing of metals: metal ore roasting or sintering installations, installations for the production of pig iron or steel (primary or secondary fusion) including continuous casting with a capacity exceeding 2,5 Mg/hour, installations for the processing of ferrous metals (hot rolling mills > 20 Mg/hour of crude steel).\n(b) As an exemption to paragraph 3, these ELVs should be considered as averaged over a substantial period of time.\nPlant type\nELV for NOx (mg/m3)\nSinter plants: New installation\n400\nSinter plants: Existing installation\n400\n11.\nNitric acid production:\nTable 6\nLimit values for NOx emissions from nitric acid production excluding acid concentration units\nType of installations\nELV for NOx (mg/m3)\nNew installations\n160\nExisting installations\n190\nB.\nCanada\n12.\nLimit values for controlling emissions of NOx 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:\n(a) New Source Emission Guidelines for Thermal Electricity Generation;\n(b) National Emission Guidelines for Stationary Combustion Turbines. PN1072;\n(c) National Emission Guidelines for Cement Kilns. PN1284;\n(d) National Emission Guidelines for Industrial/Commercial Boilers and Heaters. PN1286;\n(e) Operating and Emission Guidelines for Municipal Solid Waste Incinerators. PN1085;\n(f) Management Plan for Nitrogen Oxides (NOx) and Volatile Organic Compounds (VOCs) — Phase I. PN1066; and\n(g) Operating and Emission Guidelines for Municipal Solid Waste Incinerators. PN1085.\nC.\nUnited States of America\n13.\nLimit values for controlling emissions of NOx from stationary sources in the following stationary source categories, and the sources to which they apply, are specified in the following documents:\n(a) Coal-fired Utility Units — 40 Code of Federal Regulations (C.F.R.) Part 76;\n(b) Electric Utility Steam Generating Units — 40 C.F.R. Part 60, Subpart D, and Subpart Da;\n(c) Industrial-Commercial-Institutional Steam Generating Units — 40 C.F.R. Part 60, Subpart Db;\n(d) Nitric Acid Plants — 40 C.F.R. Part 60, Subpart G;\n(e) Stationary Gas Turbines — 40 C.F.R. Part 60, Subpart GG;\n(f) Municipal Waste Combustors — 40 C.F.R. Part 60, Subpart Ea, and Subpart Eb;\n(g) Hospital/Medical/Infectious Waste Incinerators — 40 C.F.R. Part 60, Subpart Ec;\n(h) Petroleum Refineries — 40 C.F.R. Part 60, Subpart J, and Subpart Ja;\n(i) Stationary Internal Combustion Engines — Spark Ignition, 40 C.F.R. Part 60, Subpart JJJJ;\n(j) Stationary Internal Combustion Engines — Compression Ignition, 40 C.F.R. Part 60, Subpart IIII;\n(k) Stationary Combustion Turbines — 40 C.F.R. Part 60, Subpart KKKK;\n(l) Small Municipal Waste Combustors — 40 C.F.R. Part 60, Subpart AAAA;\n(m) Portland Cement —40 C.F.R. Part 60, Subpart F;\n(n) Commercial and Industrial Solid Waste Combustors — 40 C.F.R. Part 60, Subpart CCCC; and\n(o) Other Solid Waste Combustors — 40 C.F.R. Part 60, Subpart EEEE.’",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "The rated thermal input of the combustion plant is calculated as the sum of the input of all units connected to a common stack. Individual units below 15 MWth shall not be considered when calculating the total rated input."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "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."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "The O2 reference content is 6 % for solid fuels and 3 % for liquid and gaseous fuels."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Gas turbines for emergency use that operate less than 500 hours per year are not covered."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Natural gas is naturally occurring methane with not more than 20 % (by volume) of inert gases and other constituents."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "For single gas turbines not falling into any of the categories mentioned under footnote c/, but having an efficiency greater than 35 % — determined at ISO base load conditions — the ELV for NOx shall be 50 × η/35 where η is the gas-turbine efficiency at ISO base load conditions expressed as a percentage."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "75 mg/m3 in the following cases, where the efficiency of the gas turbine is determined at ISO base load conditions: Gas turbines, used in combined heat and power systems having an overall efficiency greater than 75 %; Gas turbines used in combined cycle plants having an annual average overall electrical efficiency greater than 55 %; Gas turbines for mechanical drives."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "Installations for the production of cement clinker in rotary kilns with a capacity > 500 Mg/day or in other furnaces with a capacity > 50 Mg/day. The O2 reference content is 10 %."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "The conversion factor from the limit values in the current Protocol (at 5 % oxygen content) is 2,66 (16/6). Thus, the limit value of: 190 mg/m3 at 15 % O2 corresponds to 500 mg/m3 at 5 % O2; 95 mg/m3 at 15 % O2 corresponds to 250 mg/m3 at 5 % O2; 225 mg/m3 at 15 % O2 corresponds to 600 mg/m3 at 5 % O2."
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "These ELVs do not apply to engines running less than 500 hours a year."
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "Where Selective Catalytic Reduction (SCR) cannot currently be applied for technical and logistical reasons like on remote islands or where the availability of sufficient amounts of high quality fuel cannot be guaranteed, a transition period of 10 years after the entry into force of the present Protocol for a Party may be applied for diesel engines and dual fuel engines during which the following ELVs apply: Dual fuel engines: 1 850 mg/m3 in liquid mode; 380 mg/m3 in gas mode; Diesel engines — Slow (< 300 rpm) and Medium (300–1 200 rpm)/speed: 1 300 mg/m3 for engines between 5 and 20 MWth and 1 850 mg/m3 for engines > 20 MWth; Diesel engines — High speed (> 1 200 rpm): 750 mg/m3."
    },
    {
      "type": "footnote",
      "label": "f12",
      "text": "Engines running between 500 and 1 500 operational hours per year may be exempted from compliance with these ELVs in case they are applying primary measures to limit NOx emissions and meet the ELVs set out in footnote b;"
    },
    {
      "type": "footnote",
      "label": "f13",
      "text": "A Party may derogate from the obligation to comply with the emission limit values for combustion plants 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. The exception time period shall not exceed 10 days except where there it is an overriding need to maintain energy supplies."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2017/1757/annex/division/R",
    "retrieved_at": "2026-11-01T15:13:21.855104+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}