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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Republic of Latvia

Cabinet
Regulation No. 736

Adopted 12 December 2017

Procedures by Which Emission of Air Pollutants from Combustion Plants Shall Be Prevented, Limited and Controlled

Issued pursuant to
Section 11, Paragraph two, Clause 19, Section 45,
Paragraph one, and Section 46, Paragraph two
of the law On Pollution

1. General Provisions

1. This Regulation prescribes the procedures by which:

1.1. emission of air pollutants from combustion plants shall be prevented, limited and controlled;

1.2. an operator shall control emissions of pollutant into air, carry out monitoring and provide relevant information;

1.3. availability of information to the public shall be ensured concerning the air pollution produced by combustion plants.

2. The following terms are used in this Regulation:

2.1. waste - within the meaning of the Waste Management Law;

2.2. biomass - products consisting of any vegetable materials that can be used as a fuel for the energy generation, as well as the following waste:

2.2.1. vegetable waste from agriculture and forestry;

2.2.2. vegetable waste from food industry, if the generated heat is recovered;

2.2.3. fibrous vegetable waste from virgin pulp production and from the production of paper from pulp, if it is co-incinerated at the place of production and the generated heat is recovered;

2.2.4. cork waste;

2.2.5. wood waste with the exception of wood waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coating and which includes, in particular, such wood waste originating from construction and demolition waste;

2.3. natural gas - naturally occurring methane with not more than 20 % (by volume) of inerts and other constituents;

2.4. operating hours - the time expressed in hours during which a combustion plant is fully or partially operating and discharging emissions into the air (excluding start-up and shut-down periods of the plant);

2.5. heavy fuel oil - any petroleum-derived liquid fuel falling within the Combined Nomenclature codes 2710 19 51 to 2710 19 68, 2710 20 31, 2710 20 35, or 2710 20 39, as well as any petroleum-derived liquid fuel (other than gas oil which, by reason of its distillation limits, falls within the category of heavy oils intended for use as fuel and of which less than 65 % by volume, including losses, distils at 250 °C. The distillation limits shall be determined according to the ASTM D86 method developed by the American Society for Testing and Materials. If the distillation limits cannot be determined by the ASTM D86 method, the petroleum product is likewise categorised as a heavy fuel oil;

2.6. dual fuel engine - an internal combustion engine which uses compression ignition and operates according to the diesel cycle when burning liquid fuels and according to the Otto cycle when burning gaseous fuels;

2.7. diesel fuel (gas oil) - any petroleum-derived liquid fuel falling within the Combined Nomenclature codes 2710 19 25, 2710 19 29, or 2710 19 47, or 2710 19 48, or 2710 20 17, or 2710 20 19, as well as any petroleum-derived liquid 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. The distillation limits shall be determined by the ASTM D86 method;

2.8. diesel engine - an internal combustion engine which operates according to the Diesel cycle and uses compression ignition to burn fuel;

2.9. stack - a structure containing one or more flues providing a passage for waste gases and dust or particles in order to discharge them into the air;

2.10. engine - a gas engine, diesel engine, or dual fuel engine;

2.11. existing large combustion plant - a large combustion plant put into operation before 7 January 2014 and to which, in accordance with the laws and regulations regarding the procedures by which polluting activities of Category A, B, and C shall be declared and permits for the performance of Category A and B polluting activities shall be issued, a permit for the performance of polluting activity (hereinafter - the permit) has been issued before 7 January 2013 or for which an application on the receipt of the permit has been submitted to the State Environmental Service before the abovementioned date;

2.12. existing medium combustion plant - a medium combustion plant put into operation before 20 December 2018 and for the operation of which a corresponding permit or confirmation of a Category C polluting activity has been received;

2.13. gas engine - an internal combustion engine which operates according to the Otto cycle and uses spark ignition to burn fuel;

2.14. gas turbine - any rotating machine which converts thermal energy into mechanical work, consisting mainly of a compressor, a thermal device in which fuel is oxidised in order to heat the working fluid, and a turbine. Gas turbine includes both open cycle and combined cycle gas turbines, and gas turbines in cogeneration mode, all with or without supplementary firing;

2.15. multi-fuel firing combustion plant - any combustion plant which may be fired simultaneously or alternately by two or more types of fuel;

2.16. new large combustion plant - a large combustion plant put into operation after 7 January 2014 and to which the permit has been issued after 7 January 2013 or for which an application for the receipt of the permit has been submitted to the State Environmental Service after the abovementioned date;

2.17. new medium combustion plant - a medium combustion plant put into operation after 20 December 2018 and for the operation of which a corresponding permit or confirmation of a Category C polluting activity has been received;

2.18. fuel - any solid, liquid or gaseous combustible material;

2.19. large combustion plant - a combustion plant with the total rated thermal input of 50 MW and more;

2.20. refinery fuel - solid, liquid or gaseous combustible material from the distillation and conversion steps of the refining of crude oil, including refinery fuel gas, syngas, refinery oils and pet coke;

2.21. rated thermal input - maximum thermal input which is specified by the manufacturer of the combustion plant and which can be ensured by the relevant plant during continuous operation under even and stable conditions and using the main fuel or, if there is a multi-fuel firing combustion plant - several main fuels, with the efficiency specified by the manufacturer;

2.22. determinative fuel - the fuel which, amongst all fuels used in a multi-fuel firing combustion plant using the distillation and conversion residues from the refining of crude-oil for own consumption, alone or with other fuels, has the highest emission limit value, or, in the case of several fuels having the same emission limit value, the fuel having the highest thermal input amongst those fuels;

2.23. dust or particles - particles, of any shape, structure or density, dispersed in the gas phase at the sampling point conditions which may be collected by filtration under specified conditions after representative sampling of the gas to be analysed, and which remain upstream of the filter and on the filter after drying under specified conditions;

2.24. combustion plant - any technical apparatus in which fuels are oxidised in order to use the heat thus generated;

2.25. nitrogen oxides - nitric oxide and nitrogen dioxide, expressed as nitrogen dioxide (NO2) (hereinafter - NOx);

2.26. minimum start-up load for stable generation - the minimum load compatible with the steady operation of the generating combustion plant following start-up initiation after which the plant is able to safely and reliably deliver its output to a network, grid, heat accumulator or industrial site;

2.27. minimum shut-down load for stable generation - the minimum load at which point the plant can no longer safely and reliably deliver its output to a network, grid, heat accumulator or industrial site and is considered to be shutting down;

2.28. valid emission values - the measured values for the emission of air pollutants that have undergone quality control and have been recognised as credible;

2.19. medium combustion plant - a combustion plant with the total rated thermal input equal to or greater than 1 MW and less than 50 MW;

2.30. zone - a territorial unit which, in accordance with the laws and regulations regarding air quality, has been specified for the purposes of air quality assessment and management.

3. The requirements of this Regulation shall apply to large and medium combustion plants, regardless of the type of fuel used in them, except for the following combustion plants:

3.1. combustion plants in which the products of combustion are used for the direct heating, drying, or any other treatment of objects or materials;

3.2. post-combustion plants designed to purify waste gases by combustion, which are not operated as independent combustion plants;

3.3. facilities for the regeneration of catalytic cracking catalysts;

3.4. facilities for the conversion of hydrogen sulphide into sulphur;

3.5. reactors used in the chemical industry;

3.6. coke ovens;

3.7. cowpers (blast furnace air heaters);

3.8. any technical apparatus used in the propulsion of a vehicle, ship or aircraft;

3.9. gas turbines and gas engines on offshore platforms;

3.10. installations for the incineration and co-incineration of waste to which the laws and regulations regarding the requirements for the incineration of waste and operation of the installations for the incineration of waste apply;

3.11. combustion plants subject to the laws and regulations regarding emission into air of pollutants created by internal combustion engines of non-road mobile machinery;

3.12. incineration installations in which the farmed animal manure specified in Article 9(a) of Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (hereinafter - Regulation No 1069/2009) is used as fuel and the total nominal thermal input of which does not exceed 50 MW in accordance with Article 6(8) of Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive (hereinafter - Regulation No 142/2011);

3.13. incineration installations used in agricultural holdings in which only the raw poultry manure specified in Article 9(a) of Regulation (EC) No 1069/2009 is used as fuel and the total nominal thermal input of which is less than or equal to 5 MW;

3.14. incineration installations in which the combustion gaseous products are used for direct heating in order to heat inside buildings for improving the circumstances of the working place;

3.15. crematoria;

3.16. incineration installations in which the fuel of petroleum refinery process is incinerated separately or together with another fuel, for energy generation and in gas processing plants;

3.17. recovery boilers in cellulose production installations.

4. If the main function of a large or medium combustion plant is the generation of thermal energy for further use and by-products of animal origin and derived products are co-incinerated therein as the fuel, or only rendered [animal] fats, fat fractions, and fish oil are used as the fuel, the operator shall, in addition to the requirements laid down in Regulation No 1069/2009 and in accordance with the requirement laid down in point 2(f) of Part F of Section 2 of Chapter IV of Annex IV of Regulation No 142/2011, fulfil also the requirements referred to in this Regulation.

5. The Ministry of Environmental Protection and Regional Development in cooperation with the technical committee of the relevant standards shall recommend a list of the standards to be developed, adapted, and applied in relation to this Regulation to the national standardisation institution.

6. The national standardisation institution shall publish the list of such Latvian national standards on the website of the Standardisation Bureau (www.lvs.lv) which are applied for the fulfilment of the requirements of this Regulation (hereinafter - the applicable standards).

2. Application for the Receipt of the Permit and the Conditions of the Permit for the Emission of Air Pollutants from Combustion Plants

7. To evaluate emissions from a combustion plant and ensure that as a result of its emissions the concentration of pollutants will not exceed the norms specified in the laws and regulations regarding air quality and emission from the combustion plant will not exceed the emission limit values indicated in this Regulation, the operator shall, in accordance with the procedures laid down in the laws and regulations regarding the development of draft emission limits of stationary pollution sources, add a draft emission limit to the application for the receipt of a permit for the performance of a Category A or B polluting activity. Emission limit shall be expressed as the concentration of a substance (mg/Nm3) at a specific oxygen content in dry gas.

8. If the operation of a combustion plant, in accordance with the laws and regulations regarding the procedures by which Category A, B, and C polluting activities shall be declared and permits for the performance of Category A and B polluting activities shall be issued, is classified as a Category C polluting activity (within the meaning of this Regulation - a combustion plant with the rated thermal input from 1 to 5 MW which uses biomass, peat, or gaseous fuel as the fuel), its operator shall calculate the quantity of emissions from plant (including, to calculate the natural resources tax on emission) in accordance with the following procedures:

8.1. for new combustion plants - the quantity of emissions shall be calculated by taking into account the emission limit value applicable to the relevant group of combustion plants or the emission factor (the proportion of the quantity of pollutant emissions in relation to the parameter characterising the operation) or concentration indicated in the declaration of the plant manufacturer, if such values attest that the concentration of emission is lower than the emission limit value;

8.2. for existing combustion plants - in accordance with the laws and regulations regarding environmental requirements for the management of small boiler houses. If the valid emission values of an existing combustion plant conform to the limit values specified in Annex 1 to this Regulation, the operator is entitled to use information regarding the emission limit value applicable to the relevant group of combustion plants for the calculations of the quantity of emissions.

9. In addition to the general requirements specified in the conditions of the permit in accordance with the law On Pollution, the requirements referred to in this Regulation shall also be included in the conditions of the permit for a Category A and B polluting activity. The operator of a medium combustion plant whose polluting activity is classified as a Category C polluting activity shall ensure the fulfilment of those requirements referred to in this Regulation that are applicable to medium combustion plants.

10. The conditions of the permit issued to the operator of a large combustion plant shall include the following information and measures related to the commencement of operation of the plant (for example, adjustment or testing of the plant or a part thereof before putting into service or after reconstruction according to the technical documentation of the plant) and suspension of operation of the plant:

10.1. the end point of a start-up period and the starting point of a shut-down period of the combustion plant which shall be determined:

10.1.1. using load thresholds in accordance with Sub-chapters 5.3 and 5.4 of this Regulation;

10.1.2. on the basis of discrete processes to be performed in the plant or changes in plant performance parameters which are referred to in Sub-chapter 5.5 of this Regulation and are clear, easily monitored and applicable to the technology used;

10.2. measures ensuring that the start-up and shut-down periods are minimised as far as practicable;

10.3. measures ensuring that all abatement equipment is brought into operation as soon as technically possible.

11. The operator shall reduce the start-up periods and shut-down periods of the operation of a medium combustion plant as much as possible. If the use of an already operational plant is suspended for some time, the operator shall restrict volley emissions during firing of the plant.

12. If there are changes in any of the aspects that relate to the plant and may affect the emission limit value applicable to the plant, for example, changes in relation to the installed equipment, the type of fuel used, the significance of the plant in the system, and the equipment installed for the reduction of pollution, the operator shall, within the time period specified in the laws and regulations regarding the procedures by which Category A, B, and C polluting activities shall be declared and permits for the performance of Category A and B polluting activities shall be issued, inform the State Environmental Service. The State Environmental Service shall, if necessary, review the conditions of the permit, including those related to the start-up and shut-down periods and making measurements, and the confirmation of a Category C polluting activity.

13. If it is intended to construct a combustion plant the electricity production capacity of which is 300 MW or more and for which a permit for increasing electricity production capacity or the introduction of new production plant has been issued after 25 June 2009, the initiator of the intended activity shall prepare an assessment of carbon dioxide capture and storage in geological structures in accordance with the laws and regulations regarding the procedures for the environmental impact assessment of the intended activity. If the technical and economic feasibility to capture and store carbon dioxide in geological structures is confirmed, the initiator shall provide suitable space for carbon capture equipment.

14. The State Environmental Service shall include in the permit issued to the operator of the plant referred to in Paragraph 13 of this Regulation conditions for the need to provide suitable space for carbon capture equipment according to the opinion of the State Environmental Monitoring Bureau on the report on the environmental impact assessment.

15. If environmental impact assessment of the intended activity which includes the construction of the plant referred to in Paragraph 13 of this Regulation has been made and the intended activity has been accepted before the date of entry into force of this Regulation, , the operator of the plant shall append to the application for a permit the evaluation of carbon dioxide capture and storage in geological structures in conformity with the criteria specified the laws and regulations regarding the procedures for the environmental impact assessment of the intended activity and relating to the availability of a suitable site for carbon dioxide storage within the meaning of Section 1, Paragraph one, Clause 11.1 of the law On Pollution, technical and economic feasibility of transporting the flow of carbon dioxide and adapting combustion plants for the capture of carbon dioxide. The State Environmental Service shall evaluate the fulfilment of the criteria, and, if necessary, shall include in the permit conditions for the need to provide suitable space for carbon capture equipment.

3. Emission Limit Values and Procedures for Determination Thereof

3.1. General Provisions

16. All emission limit values shall be calculated at a temperature of 273.15 K, if after correction the pressure is 101.3 kPa, considering the content of water vapours in the waste gases, and if the oxygen content in waste gases is standardised, i.e. 6 % for solid fuels, 3 % for combustion plants using liquid and gaseous fuels (except for gas turbines and gas engines), and 15 % for gas turbines and gas engines. For new large combustion plants which are combined cycle gas turbines with additional firing, the standardised oxygen content shall be determined by taking into account the special parameters of the relevant plant.

17. In the case of a multi-fuel firing combustion plant involving the alternate use of two or more fuels, the emission limit values shall be set in accordance with the emission limit value of each type of fuel used.

18. In the case of a multi-fuel firing combustion plant involving the simultaneous use of two or more fuels, the emission limit value shall be calculated according to the following steps:

18.1. determining the emission limit value relevant for each individual fuel and pollutant corresponding to the total rated thermal input of the combustion plant;

18.2. multiplying the corresponding emission limit value of each type of fuel by the thermal input delivered by the fuel concerned, and dividing the result of multiplication by the sum of the rated thermal inputs delivered by all fuels;

18.3. aggregating the products of division.

3.2. Emission Limit Values for Large Combustion Plants and Procedures for Their Determination

19. Emission limit values for large combustion plants are specified in Annexes 2 and 3 to this Regulation. They shall not be applied to diesel engines. The emission limit values specified in Annexes 2 and 3 to this Regulation shall be applied when, in accordance with the law On Pollution, the plant is exempted from the application of the emission levels specified in the conclusions on the best available techniques and the State Environmental Service has accepted that the conformity with the emission levels specified in the conclusions on the best available techniques causes incommensurately large costs to the operator in comparison with the benefit provided to the environment and human health.

20. The operator of an existing large combustion plant shall ensure the conformity with the emission limit values specified in Annex 2 to this Regulation.

21. The operator of a new large combustion plant shall ensure the conformity with the emission limit values specified in Annex 3 to this Regulation.

22. The combination of two or more separate medium combustion plants shall be considered as a single large combustion plant if:

22.1. the waste gases of two or more separate medium combustion plants are discharged through a common stack;

22.2. in accordance with the assessment of the State Environmental Service, two or more separate medium combustion plants which have received the permit for the first time on or after 1 July 1987, or for which an application for a permit has been submitted to the State Environmental Service on or after the aforementioned date are installed in such a way that their waste gases could be discharged through a common stack due to technical and economic factors.

23. When calculating the total rated thermal input of a large combustion plant which consists of a combination of several combined medium combustion plants in accordance with Paragraph 22 of this Regulation, the thermal input of all combined combustion plants shall be added together, ignoring separate combustion plants with the rated thermal input below 15 MW.

24. Emission limit values shall be applied to each stack of a large combustion plant individually, and they shall be determined, taking into account the total rated thermal input of the whole plant.

25. The emission limit values referred to in Chapter III of Annex 2 to this Regulation may be applied to the part of a large combustion plant which discharges its waste gases through one or more separate flues in a common stack, and which is annually operated for not more than 1500 operational hours (average indicator over a period of 5 years). In such cases the emission limit values shall be determined by taking into consideration the total rated thermal input of the entire combustion plant, and the emissions through each of the flues shall be monitored separately.

26. Where the rated thermal input of a large combustion plant is increased, the emission limit values specified in Annex 3 to this Regulation shall be applied to the new part of the plant, and they shall be determined in relation to the total rated thermal input of the plant.

27. If a large combustion plant is modified so that there may be consequences for the environment, and the modifications affect the part of the plant having the rated thermal input of 50 MW or more, the emission limit values specified in Annex 3 to this Regulation shall be applied to the part of the plant which has been changed, and they shall be determined in relation to the total rated thermal input of the plant.

28. The emission limit values for existing large multi-fuel firing combustion plants which use the distillation and conversion residues from the refining of crude-oil for own consumption, simultaneously with other fuels, shall be determined as follows:

28.1. if the rated thermal input of the determinative fuel is at least 50 % of the the total rated thermal input of all types of fuel used, the emission limit values provided for the determinative fuel in Annex 2 to this Regulation shall be applied;

28.2. if the rated thermal input of the determinative fuel does not exceed 50 % of the total rated thermal input of all types of fuel used, the emission limit value shall be proportional to the proportion of the thermal input of each individual type of fuel to the sum of the rated thermal inputs delivered by all fuels.

29. If, in accordance with Sub-paragraph 28.2 of this Regulation, in an existing large multi-fuel firing combustion plant the rated thermal input of the determinative fuel does not exceed 50 % of the total rated thermal input delivered by all fuels, the emission limit value shall be calculated as follows:

29.1. the relevant emission limit value for each type of fuel and pollutant is determined in accordance with Annex 2 to this Regulation, based on the rated thermal input of the combustion plant;

29.2. the emission limit value of the determinative fuel is determined. This value is obtained by multiplying the emission limit value referred to in Sub-paragraph 29.1 of this Regulation by a factor of two, and subtracting from the result the emission limit value of the fuel with the lowest emission limit value;

29.3. the emission limit value of the determinative fuel is multiplied by the rated thermal input of the determinative fuel, while the emission limit values of the other types of fuel are multiplied by their rated thermal inputs. Each multiplication is divided by the sum of the rated thermal inputs of all types of fuel or the total rated thermal input of the plant;

29.4. the divisions which have been obtained in accordance with Sub-paragraph 29.3 of this Regulation are added together.

30. For existing large multi-fuel firing combustion plants (except for gas turbines and gas engines) which are located in a specific territory of a crude-oil refinery the emission limit value of sulphur dioxide (hereinafter - SO2) may also be applied to the fulfilment of the condition referred to in Sub-paragraph 28.2 of this Regulation, regardless of the combination of the types of fuel used - 600 mg/m3.

3.3. Emission Limit Values for Medium Combustion Plants and Procedures for Their Determination

31. Emission limit values for medium combustion plants are specified in Annexes 1, 4, and 5 to this Regulation.

32. If the nominal thermal input of an existing medium combustion plant is equal to or greater than 5 and less than 50 MW, the operator shall comply with:

32.1. the emission limit values specified in Annex 4 to this Regulation - until 31 December 2024;

32.2. the emission limit values specified in Parts I and II of Annex 1 to this Regulation - from 1 January 2025.

33. If the nominal thermal input of an existing medium combustion plant is equal to or greater than 1 and less than 5 MW, the operator shall comply with:

33.1. the emission limit values specified in Annex 4 to this Regulation - until 31 December 2029;

33.2. the emission limit values specified in Part III of Annex 1 to this Regulation - from 1 January 2030.

34. The operator of an existing medium combustion plant who is purchasing and installing a combustion plant using biomass or is reconstructing the existing plant through the use of the financing of the European Union funds shall ensure the purchase and installation of such combustion plants which ensure the fulfilment of the emission limit values specified in Annex 1 to this Regulation. The abovementioned requirement shall not apply to those operators of existing medium combustion plants who have submitted an application for a project financed by the European Union prior to coming into force of this Regulation, and also to operators who have already commenced or completed the procedure for the purchase and installation of combustion plants using the financing of the European Union funds prior to coming into force of this Regulation.

35. Starting from 20 December 2018, the operator of a new medium combustion plant shall comply with the emission limit values specified in Annex 5 to this Regulation, and the State Environmental Service shall indicate them in the conditions of the permit.

36. A combination of two or more individual medium combustion plants shall be considered to be one medium combustion plant, and the rated thermal inputs of the aforementioned plants shall be added up to calculate the total rated thermal input of the plant if:

36.1. the waste gases of two or more separate medium combustion plants are discharged through a common stack;

36.2. based on the assessment of the State Environmental Service, waste gases of two or more separate medium combustion plants could be discharged through a common stack due to technical and economic factors.

37. Emission limit values shall not be applied to medium combustion plants which are a part of a large combustion plant in accordance with Paragraph 22 of this Regulation, and also to plants for which the emission limit values specified in the conclusions on the best available techniques must be ensured in accordance with the law On Pollution.

38. The emission limit values referred to in this Chapter shall also be applied to the combination of several combined medium combustion plants which has been specified in accordance with Paragraph 36 of this Regulation and the total rated thermal input of which is equal to or greater than 50 MW, unless such combination is considered to be a large combustion plant in accordance with Paragraphs 22 and 23 of this Regulation.

4. Derogations in Respect of Application of Emission Limit Values

4.1. General Provisions

39. In a combustion plant in which according to the conditions of the permit or according to that specified in the confirmation of a Category C polluting activity fuels with a low sulphur content shall be used, the operator may use fuels with a higher sulphur content and apply a derogation from the application of the SO2 emission limit values specified in this Regulation and the SO2 emission limits specified in the permit, if the supply of the low-sulphur fuel specified in the permit or confirmation of a Category C polluting activity has been interrupted due to reasons which could not be foreseen in advance by the operator. Such a derogation may be applied for no longer than six months from the day of setting in of such circumstances.

40. The operator shall immediately inform the State Environmental Service of the occurrence of the circumstances referred to in Paragraph 39 of this Regulation and submit documents to the State Environmental Service proving the fact of deficit of the corresponding fuel. The State Environmental Service shall, within 15 working days, evaluate the documents submitted by the operator and shall notify the operator whether the derogation referred to in Paragraph 39 of this Regulation has been applied on valid grounds.

41. The operator may use other types of fuel and allow the emission limit values specified in this Regulation and the emission limits specified in the permit to be exceeded if, due to unforeseen reasons, an accident takes place in the plant of the gaseous fuel supplier or of the operator and as a result the operator cannot provide gaseous fuel for the combustion plant in which, according to the conditions of the permit or that specified in the confirmation of a Category C polluting activity, only gaseous fuels may be used and which would require installation of waste gas purification facilities to conform to the emission limit value and to the emission limit specified the permit when using a different type of fuel. Such a derogation may be applied for no longer than ten days from the day of setting in of such circumstances. The derogation may be applied for a longer period of time if, taking into account the impact on public health or the operators type of economic activity, it is necessary to ensure a continuous energy supply.

42. The operator shall immediately inform the State Environmental Service of the occurrence of the circumstances referred to in Paragraph 41 of this Regulation and submit to the State Environmental Service documents proving discontinuation of the supply of gaseous fuel due to previously unforeseeable reasons. The State Environmental Service shall, within 15 working days, evaluate the information and documents submitted by the operator and shall notify the operator whether the derogation referred to in Paragraph 41 of this Regulation has been appropriately applied.

4.2. Exceptions Specified for Large Combustion Plants

43. Within the period from 1 January 2016 to 31 December 2023, existing large combustion plants may be exempted from the application of the emission limit values specified in Annex 2 to this Regulation, if the following conditions are met:

43.1. the combustion plant has not previously received a derogation from the application of the emission limit values, as the operator of the plant, until 30 June 2004, has indicated in the application to the State Environmental Service for the receipt of a permit that the combustion plant which has been put into service before 1 July 1987 will be operated only up to 20 000 operational hours within the period from 1 January 2008 to 31 December 2015;

43.2. the combustion plant will be operated only up to 17 500 operational hours within the period from 1 January 2016 to 31 December 2023;

43.3. each year the operator shall provide information regarding the period of operation of the combustion plant in the previous year in the report on air protection in accordance with the laws and regulations regarding forms of official statistical reports on environmental protection;

43.4. until 31 December 2023 the SO2, NOx, and dust or particle emission limit values specified in Annex 6 to this Regulation shall be applied to the combustion plant.

44. If the derogation referred to in Paragraph 43 of this Regulation is granted to an existing large combustion plant with the total rated thermal input above 500 MW which received its first permit after 1 July 1987 and which uses solid fuel, then within the time period from 1 January 2016 to 31 December 2023 the SO2 and dust or particle emission limit values specified in Annex 6 to this Regulation and the NOx emission limit values specified in Annex 2 to this Regulation shall be applied thereto.

45. Until 31 December 2022, an existing large combustion plant with the total rated thermal input not exceeding 200 MW may be exempted from the application of the emission limit values specified in Annex 2 to this Regulation, if the following conditions are met:

45.1. the plant has commenced operation before 27 November 2003 and has received the first permit or an application for the receipt of the permit has been submitted to the State Environmental Service for this plant until 27 November 2002;

45.2. until 31 December 2022, the SO2, NOx, and dust or particle emission limit values specified in Annex 6 to this Regulation shall be applied to the combustion plant.

46. The emission limit values specified in this Regulation may be exceeded in the start-up period and shut-down period of the plant which shall be determined by the operator in accordance with the requirements referred to in Chapter 5 to this Regulation. In this case, the operator shall include in the application for the receipt of the permit the information and measures referred to in Paragraph 10 of this Regulation.

47. The emission limit values specified in Annexes 2, 3, and 6 to this Regulation shall not apply to gas turbines and gas engines intended for emergency use and operating less than 500 operational hours per year. Operators of these plants shall inform the State Environmental Service once a year of the length of operation during the calendar year.

4.3. Exceptions Specified for Medium Combustion Plants

48. An existing medium combustion plant which over a period of five years on average does not operate more than 500 operational hours per year may be exempted from the application of the emission limit values specified in Annex 1 to this Regulation. When exempting a plant firing solid fuel, the emission limit value for dust - 200 mg/Nm3 - shall be applied. Each year the operator shall provide information regarding the period of operation of the combustion plant in the previous year in the report on air protection in accordance with the laws and regulations regarding forms of official statistical reports on environmental protection.

49. An existing medium combustion plant which over a period of five years on average does not operate more than 1000 operational hours per year and which is used for heat generation in exceptionally cold weather (days and nights when the air temperature drops below the average perennial air temperature of the specific month) may be exempted from the application of the emission limit values specified in Annex 1 to this Regulation. When exempting a plant firing solid fuel, the emission limit value for dust - 200 mg/Nm3 - shall be applied. Such derogation may only be used by the plants located in zones or territories of zones where there are no evidence of exceeding the upper pollution assessment threshold specified in the laws and regulations regarding air quality. Each year the operator shall submit information regarding the period of operation of the combustion plant in the previous year in the report on air protection in accordance with the laws and regulations regarding forms of official statistical reports on environmental protection.

50. A new medium combustion plant which over a period of three years on average does not operate for more than 500 operational hours per year may be exempted from the application of the emission limit values set out in Annex 5 to this Regulation. When exempting a plant firing solid fuel, the emission limit value for dust - 100 mg/Nm3 - shall be applied. Each year the operator shall submit information regarding the period of operation of the combustion plant in the previous year in the report on air protection in accordance with the laws and regulations regarding forms of official statistical reports on environmental protection.

51. Until 1 January 2030, an existing medium combustion plant with the rated thermal input greater than 5 MW which over a period of five years on average will deliver at least 50 % of the useful heat produced by the plant to the district heating network in the form of steam or hot water may be exempted from the application of the emission limit values specified in Annex 5 to this Regulation. In the event of such exemption, the emission limit values must not exceed 1100 mg/Nm3 for SO2 and 150 mg/Nm3 for dust. Such derogation may be used only by the plants located in zones or territories of zones where exceedances of the upper pollution assessment threshold specified in the laws and regulations regarding air quality have not been found.

52. Until 1 January 2030, an existing and new medium combustion plant firing solid biomass as the main fuel, which is located in a zone or a territory of a zone where the upper pollution assessment thresholds specified in this Regulation are ensured in accordance with the assessments provided for the laws and regulations regarding air quality, may be exempted from the application of the emission limit values for dust set out in Annexes 1 and 5 to this Regulation. In the event of such exemption, the emission limit value shall not exceed 150 mg/Nm3 for dust.

53. Upon taking the decision to apply the derogations referred to in Paragraphs 51 and 52 of this Regulation, the State Environmental Service shall ensure that no significant pollution is caused and that in overall a high level of environmental protection is achieved.

54. Until 1 January 2030, existing medium combustion plants with the rated thermal input greater than 5 MW and used to drive gas compressor stations that are needed to ensure the safety and security of a national gas transmission system may be exempted from the requirement to ensure conformity with the emission limit values for NOx specified in Part II of Annex 1 to this Regulation.

5. Procedures for Determining a Start-up Period and Shut-down Period of Large Combustion Plants

5.1. General Rules for Determining Start-up and Shut-down Periods

55. For determining the end of the start-up period and the beginning of the shut-down period, the following rules shall apply:

55.1. the criteria or parameters used to determine start-up and shut-down periods shall be transparent and externally verifiable;

55.2. the determination of start-up and shut-down periods shall be based on conditions allowing a stable generation process safeguarding health and safety;

55.3. periods during which a combustion plant, after start-up, is operating stably and safely with fuel supply but without the export of heat or electricity or mechanical energy shall not be included in the start-up or shut-down periods.

5.2. Determination of Start-up and Shut-down Periods for Combustion Plants Consisting of Two or More Units

56. In order to calculate the valid average emission values for combustion plants consisting of two or more units in accordance with Chapter 7 of this Regulation, start-up and shut-down periods shall be determined. In this case, when calculating the valid average emission values, the following shall be ignored:

56.1. the values measured during the start-up period of the first unit starting up and during the shut-down period of the last combustion unit shutting down;

56.2. the values determined during other start-up and shut-down periods of individual units if they are measured or, where no measurement is technically or economically feasible, calculated separately for each of the units concerned.

57. When determining the number of operational hours of a combustion plant that consists of two or more units, the start-up and shut-down period which is ignored in the calculation of the operational hours shall only consist of the start-up period of the first unit and the shut-down period of the last unit of the combustion plant.

58. If in accordance with Paragraph 25 of this Regulation emission limit values are applied to a part of an existing combustion plant discharging its waste gases through one or more separate flues within a common stack, then the start-up and shut-down periods may be determined for each of those parts of the combustion plant separately. The start-up and shut-down periods for a part of the plant shall then consist of the start-up period of the first combustion unit starting up within that part of the plant and the shut-down period of the last combustion unit shutting down within that part of the plant.

5.3. Determination of Start-up and Shut-down Periods for Combustion Plants Generating Electricity or Delivering Power for Mechanical Drive Using Load Thresholds

59. When determining the end point of a start-up period and the starting point of a shut-down period in accordance with Sub-chapters 5.3, 5.4, and 5.5 of this Regulation, the following shall be taken into account:

59.1. the fact that the minimum shut-down load for stable generation may be lower than the minimum start-up load for stable generation as the combustion plant may be able to operate stably at a lower load once it has reached a sufficient temperature following a period of operation;

59.2. the technical and performance parameters of the combustion plant and its units, as well as the technical requirements of the installed abatement equipment.

60. For combustion plants generating electricity or delivering power for mechanical drive, the start-up period shall be considered to end at the moment when the plant reaches the minimum start-up load for stable generation.

61. The shut-down period begins at the initiation of termination of fuel supply after reaching the point of the minimum shut-down load for stable generation from where on generated electricity is no longer available for the grid or generated mechanical power is no longer useful for the mechanical load.

62. The load thresholds to be used for determining the end of the start-up period and the start of the shut-down period for electricity generating combustion plants and to be included in the conditions of the permit for polluting activity in accordance with Paragraph 10 of this Regulation shall be expressed as a fixed percentage of the rated electrical output of the combustion plant.

63. The load thresholds to be used for determining the end of the start-up period and the start of the shut-down period for combustion plant for mechanical drive and to be included in the conditions of the permit for polluting activity in accordance with Paragraph 10 of this Regulation shall be expressed as a fixed percentage of the mechanical power output of the combustion plant.

5.4. Determination of Start-up and Shut-down Periods for Heat Generating Combustion Plants and for Combustion Plants Generating Heat and Electricity Using Load Thresholds

64. For heat-generating combustion plants, the start-up period shall be considered to end when the plant reaches the minimum start-up load for stable generation and heat can be safely and reliably delivered to a distributing network, to a heat accumulator or used directly on a local industrial site.

65. The shut-down period shall be considered to begin after reaching the minimum shut-down load for stable generation when heat can no longer be safely and reliably delivered to a network or used directly on a local industrial site.

66. The load thresholds to be used for determining the end of the start-up period and the start of the shut-down period for heat generating combustion plants and to be included in the conditions of the permit for polluting activity in accordance with Paragraph 10 of this Regulation shall be expressed as a fixed percentage of the rated thermal output of the combustion plant.

67. Periods in which heat-generating plants are heating up an accumulator or reservoir without exporting heat shall be considered as operating hours and not as start-up or shut-down periods.

68. For combustion plants generating electricity and heat, the start-up and shut-down periods shall be determined in accordance with Sub-chapters 5.3 and 5.4 of this Regulation, taking into account both the electricity and heat generated.

5.5. Determination of Start-up and Shut-down Periods Using Operational Parameters or Discrete Processes

69. For determining the minimum start-up load and the minimum shut-down load for stable generation, at least three criteria shall be defined. The end of start-up or start of shut-down periods shall be considered to be reached when at least two of the criteria specified in Paragraph 70 of this Regulation or equivalent processes that suit the technical characteristics of the plant have been met.

70. The following criteria shall be used for determining the minimum start-up load and the minimum shut-down load for stable generation:

70.1. discrete processes associated with the minimum start-up load for stable generation:

70.1.1. for solid fuel-fired boilers: complete transition from using the stability auxiliary burners or supplementary burners to operating with normal fuel only;

70.1.2. for liquid fuel-fired boilers: start of the main fuel feed pump and when burner oil pressure stabilises, and for which fuel flow rate may be used as an indicator;

70.1.3. for gas turbines: point where the combustion mode switches to fully premixed steady state combustion mode, or idle speed;

70.2. operational parameters:

70.2.1. oxygen content in the flue gases;

70.2.2. temperature of flue gases;

70.2.3. steam pressure;

70.2.4. for heat producing plants: enthalpy and heat transfer fluid rate;

70.2.5. for liquid and gas fired plants - fuel flow rate, indicated as a percentage of the rated fuel flow capacity;

70.2.6. for steam boiler plants: temperature of steam at the exit of the boiler.

6. Control and Monitoring of the Operation of a Combustion Plant

6.1. General Provisions for the Control and Monitoring of the Operation of Combustion Plants

71. Waste gases, including purified ones, from a combustion plant shall be discharged by means of a stack which is specially equipped for the measurement and control of emissions and the design height of which ensures that during operation the combustion plant does not exceed the emission limit values specified in this Regulation, as well as air quality standards, including upper pollution assessment thresholds for pollutants for which such thresholds have been specified in accordance with the laws and regulations regarding air quality.

72. Measurements of emissions of air pollutants shall be made by testing laboratories which have been accredited in the national accreditation institution in accordance with the laws and regulations regarding the evaluation, accreditation, and supervision of conformity assessment institutions, or by laboratories which have been accredited in another European Union Member State, Turkey, or in a state of the European Economic Area. When making periodic measurements, a laboratory shall comply with additional requirements laid down in the standard LVS CEN/TS 15675:2008, Air quality. Measurement of stationary source emissions.

73. Such devices shall be used for the measurement of emissions of air pollutants which ensure determination of the necessary parameters, conditions, and concentrations of the combustion process.

74. The operator shall ensure that sampling and analysis of pollutants and measurement of process parameters, as well as the alternative procedures referred to in Paragraphs 88 and 95 of this Regulation are based on methods enabling reliable, representative and comparable results. If the used methods conform to the requirements of the applicable standards, they shall be deemed to be conforming for meeting the requirements referred to in this Regulation.

75. The operator shall ensure that at the moment of making measurements the plant is operating under stable conditions at a representative even load. Start-up and shut-down periods shall not be taken into account in measurements.

76. For combustion plants using multiple types of fuels, monitoring of emissions shall be carried out at a time when firing a fuel or fuel mix that is likely to result in the highest level of emissions and when the plant is operating under normal conditions.

77. The State Environmental Service may request the operator to make periodic measurements more frequently than specified in Paragraphs 87, 90, 91, and 92 of this Regulation in the following cases:

77.1. the specific combustion plant is located in a zone or a territory of a zone where there is evidence of exceeding the upper pollution assessment threshold specified in the laws and regulations regarding air quality;

77.2. justified complaints have been received regarding the particular operator (complaint regarding increased pollution shall be considered justified if the exceedance of the emission limit values specified in this Regulation is confirmed by results of the test conducted by the State Environmental Service that have been recorded in the testing documents drawn up by the State Environmental Service);

77.3. the operator has violated the requirements referred to in this Regulation.

78. The operator shall provide the measurement results referred to in Paragraphs 77, 86, 87, 90, 91, and 92 of this Regulation in a report on air protection in accordance with the laws and regulations regarding forms of official statistical reports on environmental protection. The operator shall append the measurement results and the testing reports which have been prepared by the accredited laboratory referred to in Paragraph 72 of this Regulation to the report form "No. 2 - Air. Report on Air Protection" as an individual annex. The operator shall store and process all monitoring results so that the conformity with the emission limit values could be verified in accordance with Chapter 7 of this Regulation.

79. The operator of a combustion plant shall store the following information and data:

79.1. for at least six years:

79.1.1. the measurement results of emissions of air pollutants and the testing reports prepared by the accredited laboratory referred to in Paragraph 72 of this Regulation;

79.1.2. data on the type and quantities of fuels used in the plant;

79.1.3. if secondary abatement equipment is used to ensure conformity with the emission limit values of combustion plants - a record of, or information proving, the effective continuous operation of the abovementioned equipment and regarding any malfunctions or breakdown of secondary abatement equipment;

79.1.4. information regarding cases when a non-conformity with the requirements laid down in this Regulation and in the conditions of the permit and the measures implemented for the elimination of the non-conformity has been found;

79.1.5. data on operational hours if the operator is applying the derogation referred to in Paragraphs 48, 49, and 50 of this Regulation;

79.2. the permit or confirmation of a Category C polluting activity and the information related thereto that have been issued by the State Environmental Service - throughout the period of validity of the permit and the confirmation.

80. The operator shall, without undue delay, make available the data and information indicated in Paragraph 79 of this Regulation to the State Environmental Service upon request. The State Environmental Service may request such data and information in order to verify conformity with the requirements of this Regulation, and shall request provision of such information if a member of the public wishes to receive it.

81. In the event of a malfunction or breakdown of waste gas purification equipment of a combustion plant, the operator shall notify the State Environmental Service thereof within 48 hours and shall implement the necessary measures to limit emissions of pollutants as far as possible. If the purification equipment does not work and normal operating conditions are not provided within 24 hours, the State Environmental Service shall, in accordance with the law On Pollution, request the termination or limitation of operation of the combustion plant, or the operation of the plant using fuels that ensure conformity with the emission limits set in the permit and conformity with the emission limit values specified in this Regulation.

6.2. Monitoring Conditions for Large Combustion Plants

82. For the large combustion plants referred to in Paragraph 81 of this Regulation which are equipped with gas purification equipment the cumulative duration of unabated operation may not exceed 120 hours in any 12-month period. The permit may provide for the possibility of a combustion plant to operate without purification equipment for more than 120 hours, in one of the following cases:

82.1. there is an overriding need to maintain energy supplies;

82.2. the combustion plant with the breakdown can only be replaced by another plant which would cause an increase in emissions.

83. The operator of a large combustion plant shall ensure the arrangement of a sampling and emission measurement site according to the methods specified in the applicable standards or according to other methods with equivalent or better performance.

84. If the rated thermal input of a large combustion plant is 100 MW or more, the operator shall ensure continuous measuring of concentrations of SO2, dust or particles, and NOx in waste gases, , and detection of oxygen and water vapour concentration, temperature and pressure. If a plant uses gaseous fuels, the operator shall also measure the concentration of carbon monoxide (hereinafter - CO).

85. For a large combustion plant with the total rated thermal input of 100 MW or more the operator shall, at least once a year, check and test continuous measurements equipment by making additional measurements with the base (reference) methods specified in the applicable standards and, once a year, submit information to the State Environmental Service regarding the checks of measurement systems performed, as well as the results of the measurements made.

86. For large combustion plants firing coal and lignite, the total mercury emission shall be measured at least once per year.

87. Instead of performing the continuous measurements referred to in Paragraph 84 of this Regulation, measurements shall be performed at least once every six months, where:

87.1. the rated thermal input of a large combustion plant is from 50 MW to 100 MW;

87.2. a large combustion plant is designed to be operated for not more than 10 000 operational hours;

87.3. when measuring water vapour content the sampled waste gas is dried before the emissions are analysed;

87.4. measurement of concentrations of SO2 and dust or particles is performed for a combustion plant that uses only natural gas as fuel;

87.5. measurement of concentrations of SO2 is performed from a combustion plant firing liquid fuel (from oil products) with a sulphur content set in the permit in cases where there is no waste gas desulphurisation equipment installed;

87.6. measurement of concentrations of SO2 is performed from a combustion plant firing biomass and the SO2 emissions can under no circumstances be higher than the set emission limit values.

88. In order to assess SO2 and NOx emissions, other procedures verified and approved by the competent authority may be used as an alternative for the SO2 and NOx measurements referred to in Paragraph 84 of this Regulation.

6.3. Monitoring Conditions for Medium Combustion Plants

89. Measurements shall be made only for air pollutants the emission limit values of which for the relevant plants have been set in this Regulation. In relation to CO emission, measurements shall be made on all plants.

90. If the rated thermal input of a medium combustion plants is equal to or greater than 1 and less than or equal to 20 MW, the operator shall ensure that emissions of air pollutants are measured at least every three years.

91. If the rated thermal input of a medium combustion plant is greater than 20 MW, the operator shall ensure that emissions of air pollutants are measured at least once a year.

92. Medium combustion plants to which Paragraphs 48, 49, and 50 of this Regulation apply may make periodic measurements each time after elapsing of the following number of hours:

92.1. triple the number of maximum average annual operating hours, applicable in conformity with Paragraphs 48, 49, and 50 of this Regulation to medium combustion plants, if their rated thermal input is equal to or greater than 1 MW and less than or equal to 20 MW;

92.2. the number of maximum average annual operating hours, applicable in conformity with Paragraphs 48, 49, and 50 of this Regulation to medium combustion plants, if their rated thermal input is greater than 20 MW.

93. When making measurements in accordance with Paragraph 92 of this Regulation, the frequency of periodic measurements shall in any case not be lower than once every five years.

94. The operator shall ensure that the first measurements are made within four months after the permit or confirmation of a Category C polluting activity has been issued to the plant or the date of commencement of operations, whichever is the latest.

95. As regards SO2, other procedures may be used as an alternative to the measurements referred to in Paragraphs 90, 91, and 92 of this Regulation, if their use has been approved by the State Environmental Service.

7. Assessment of Compliance with Emission Limit Values

96. The values of an emission measurement are valid if the values of the 95 % confidence interval of a single measured result do not exceed the following percentages of the emission limit values:

96.1. SO2 - 20 %;

96.2. NOx - 20 %;

96.3. dust or particles - 30 %;

96.4. CO - 10 %.

97. The valid hourly and daily average values are determined by subtracting the value of the confidence interval indicated in Paragraph 96 of this Regulation from the measured valid hourly average values.

98. When determining the results of measurement, any day in which more than three hourly average values are invalid due to malfunction or maintenance of the continuous measurement system shall be invalidated. If more than 10 days over a year are invalidated for such situations the operator shall take adequate measures to improve the reliability of the continuous measurement system. The operator shall inform the State Environmental Service of the taken measures.

99. When calculating the valid average emission values, the values measured during the time periods referred to in Paragraphs 39, 41, 81, and 82 of this Regulation, as well as during start-up and shut-down periods of a plant shall not be taken into account.

100. Combustion plants where pollutants are continuously measured in accordance with Paragraphs 77 and 84 of this Regulation conform to the emission limit values set out in the permit if measurement results verify that during operation of the combustion plant, within a calendar year, ignoring the time periods specified in Paragraphs 39, 41, 81, and 82 of this Regulation, as well as the start-up and shut-down periods of a plant, all of the following requirements are met:

100.1. none of the valid monthly average emission values exceeds the emission limit value specified in the permit;

100.2. none of the valid daily average emission values exceeds 110 % of the emission limit value specified in the permit;

100.3. for combustion plants composed only of boilers firing coal and having the total rated thermal input below 50 MW, none of the valid daily average emission values exceeds 150 % of the emission limit value specified in the permit;

100.4. in 95 % of cases the valid hourly average emission values does not exceed 200 % of the emission limit value specified in the permit.

101. Combustion plants where the periodic measurements of pollutants referred to in Paragraphs 88, 90, 91, and 92 of this Regulation are made or, instead of measurements, the procedures referred to in Paragraphs 88 and 95 of this Regulation are used, conform to the requirements of this Regulation, if the results obtained in measurements or assessment verify that, when operating the relevant combustion plants, the emission values do not exceed the emission limit values specified in the permit.

8. Provision of Information

102. Valsts sabiedrība ar ierobežotu atbildību "Latvijas Vides, ģeoloģijas un meteoroloģijas centrs" [State limited liability company Latvian Environment, Geology and Meteorology Centre]:

102.1. shall provide information to the European Commission regarding the fulfilment of this Regulation in relation to large combustion plants according to the reporting periods and sample forms for provision of a report specified by the European Commission;

102.2. shall post the reports referred to in Sub-paragraph 102.1 of this Regulation on the website of the Centre within a month after sending thereof to the European Commission;

102.3. by 1 October 2026 and 1 October 2031, in cooperation with the Ministry of Environmental Protection and Regional Development and the State Environmental Service, shall submit information to the European Commission regarding the measures implemented to check the conformity of medium combustion plants with the requirements referred to in this Regulation and information regarding emissions of SO2, NOx, and dust by medium combustion plants according to the reporting periods and sample forms for the provision of a report specified by the European Commission;

102.4. by 1 January 2021, in cooperation with the Ministry of Environmental Protection and Regional Development and the State Environmental Service, shall submit a report to the European Commission with an estimate of the concentration of total annual emissions of CO from medium combustion plants, grouped by fuel type and capacity class.

103. The Ministry of Environmental Protection and Regional Development shall, without delay, inform the European Commission if a derogation is applied to a large combustion plant in accordance with Paragraphs 39 and 41 of this Regulation and within one month - if the abovementioned derogation is applied to a medium combustion plant.

104. The State Environmental Service shall control the fulfilment of the duties specified for the operator in this Regulation.

9. Closing Provision

105. Cabinet Regulation No. 187 of 2 April 2013, Procedures by Which Emission of Air Pollutants from Combustion Plants Shall Be Prevented, Limited and Controlled (Latvijas Vēstnesis, 2013, No. 73), is repealed.

Informative Reference to the Directives of the European Union

The Regulation includes legal norms arising from:

1) Directive 2010/75/EC of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control);

2) Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants;

3) Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006.

Prime Minister Māris Kučinskis

Acting for the Minister for
Environmental Protection and Regional Development -
Minister for the Interior Rihards Kozlovskis

 

Annex 1
Cabinet Regulation No. 736
12 December 2017

Emission Limit Values for Existing Medium Combustion Plants

I. Emission limit values for existing combustion plants with capacity from 5 to 50 MW other than gas turbines and engines, to be applied starting from 1 January 2025

No. Type of heating fuel Emission limit values (mg/Nm3)
SO2 NOx CO dust or particles
1. Biomass 200(1, 2) 650 1000 30(7)
2. Coal, lignite, peat and other solid fuels (other than biomass) 400(3) 650 1000 30(7)
3. Diesel fuel (gas oil) - 200 1000 -
4. Liquid fuel (except for diesel fuel) 350(4) 650 300 30
5. Natural gas - 200 100 -
6. Gaseous fuel (except for natural gas) 35(5, 6) 250 - -

Notes.

(1) The value does not apply to plants firing exclusively woody solid biomass.

(2) 300 mg/Nm3 for plants firing straw.

(3) 1100 mg/Nm3 for plants with the rated thermal input greater than 5 MW and less than or equal to 20 MW.

(4) Until 1 January 2030 - 850 mg/Nm3 for plants with the rated thermal input greater than 5 MW and less than or equal to 20 MW and firing heavy fuel oil.

(5) 400 mg/Nm3 for low calorific gases from coke ovens and 200 mg/Nm3 for low calorific gases from blast furnaces in the iron and steel industry.

(6) 170 mg/Nm3 for biogas.

(7) 50 mg/Nm3 for plants with the rated thermal input greater than 5 MW and less than or equal to 20 MW.

II. Emission limit values for existing combustion plants with the rated thermal capacity from 5 to 50 MW that are gas turbines and gas engines which must be applied starting from 1 January 2025

No. Pollutant Plant type Emission limit values (mg/Nm3)
diesel fuel (gas oil) liquid fuel (except for diesel fuel) natural gas gaseous fuel (with the exception of natural gas)
1. SO2 Engines and gas turbines - 120 - 15(1, 2)
2. NOx Engines 190(3.4) 190(3, 5) 190(6) 190(6)
Gas turbines(7) 200 200 150 200
3. Dust or particles Engines and gas turbines - 108 - -

Notes.

(1) 60 mg/Nm3 for biogas.

(2) 130 mg/Nm3 for low calorific gases from coke ovens and 65 mg/Nm3 for low calorific gases from blast furnaces in the iron and steel industry.

(3) 1850 mg/Nm3 in the following cases:

a) for diesel engines the production of which was begun before 18 May 2006;

b) for dual fuel engines in liquid fuel mode.

(4) 250 mg/Nm3 for engines with the rated thermal input equal to or greater than 1 MW and less than or equal to 5 MW.

(5) 250 mg/Nm3 for engines with the rated thermal input equal to or greater than 1 MW and less than or equal to 5 MW; 225 mg/Nm3for engines with the rated thermal input greater than 5 MW and less than or equal to 20 MW.

(6) 380 mg/Nm3 for dual fuel engines in gaseous fuel mode.

(7) Emission limit values are only applicable above 70 % load.

(8) 20 mg/Nm3 for plants with the rated thermal input equal to or greater than 1 MW and less than or equal to 20 MW.

III. Emission limit values for existing combustion plants with capacity from 1 to 5 MW other than gas turbines and engines, to be applied starting from 1 January 2030

No. Type of heating fuel Emission limit values (mg/Nm3)
SO2 NOx CO Dust or particles
1. Biomass 200(1, 2) 650 1000 50
2. Coal, lignite, peat and other solid fuels (other than biomass) 1100 650 1000 50
3. Diesel fuel (gas oil) - 200 1000 -
4. Liquid fuel (except for diesel fuel) 350 650 300 50
5. Natural gas - 250 100 -
6. Gaseous fuel (with the exception of natural gas) 200(3) 250 - -

Notes.

(1) The value does not apply to plants firing exclusively woody solid biomass.

(2) 300 mg/Nm3 for plants firing straw.

(3) 400 mg/Nm3 for low calorific gases from coke ovens in the iron and steel industry.

Acting for the Minister for
Environmental Protection and Regional Development -
Minister for the Interior Rihards Kozlovskis

 

Annex 2
Cabinet Regulation No. 736
12 December 2017

Emission Limit Values for Existing Large Combustion Plants

I. Emission limit values for existing combustion plants other than gas turbines and gas engines

No. Type of heating fuel Rated thermal input (MW) Emission limit values (mg/m3)
SO29 NOx CO dust or particles
1. Coal, lignite and other solid fuels (other than biomass and peat) 50-100

100-300

over 300

400

250

200

300(1)

200

200

1000 30

25

20

2. Biomass 50-100

100-300

over 300

200

200

200

300

250

200

1000 30

20

20

3. Peat 50-100

100-300

over 300

300

300

200

300

250

200

1000 30

20

20

4. Liquid fuel 50-100

100-300

over 300

350

250

200

450

200(2)

150(2)

300 30(3)

25(3)

20(3)

5. Natural gas over 50 35 100 100 5
6. Gaseous fuel (with the exception of natural gas) over 50 35(4.5) 200(6, 7) - 5(8)

Notes.

(1) Emission limit value of NOx for pulverised lignite combustion - 450 mg/m3.

(2) Combustion plant with the total rated thermal input of less than 500 MW using the distillation and conversion residues from the refining of crude-oil for own consumption, alone or with other fuels, or using liquid production residues as fuel for own consumption, which received the permit before 27 November 2002 or for which an application for a permit had been submitted before that date, and which were put into operation before 27 November 2003, shall be subject to an emission limit value for NOx of 450 mg/m3.

(3) Combustion plants using the distillation and conversion residues from the refining of crude-oil for own consumption, which received the permit before 27 November 2002 or for which an application for a permit had been submitted before that date, and which were put into operation before 27 November 2003, shall be subject to an emission limit value for dust or particles of 50 mg/m3.

(4) SO2 emission limit value for combustion plants firing liquefied gas - 5 mg/m3, low calorific gases from coke oven 400 mg/m3, low calorific gases from blast furnace - 200 mg/m3.

(5) Combustion plants which received the permit before 27 November 2002 or for which an application for a permit had been submitted before that date, and which were put into operation before 27 November 2003, firing low calorific gases from the gasification of refinery residues, shall be subject to an emission limit value for SO2 of 800 mg/m3.

(6) Combustion plants with a total rated thermal input of less than 500 MW, which received the permit before 27 November 2002 or for which an application for a permit had been submitted before that date, and which were put into operation before 27 November 2003, shall be subject to an emission limit value for NOx of 300 mg/m3.

(7) NOx emission limit value for combustion plants firing coke oven gas, blast furnace gas, and low calorific gases from gasification of refinery residues shall be 200 mg/m3.

(8) Emission limit value of dust or particles for combustion plants firing blast furnace gas is 10 mg/m3, and for combustion plants firing gases produced by the steel industry which can be used elsewhere - 30 mg/m3.

II. Emission limit values for existing combustion plants that are gas turbines (including combined cycle gas turbines) and gas engines

No. Type of heating fuel Emission limit value of NOx (mg/m3) Emission limit value of CO (mg/m3)
1. Emission limit values for gas turbines (also combined cycle gas turbines)(1)
1.1. liquid fuel - light and middle distillates 90 100
1.2. natural gas(2) 50(3, 4) 100
1.3. gaseous fuel (with the exception of natural gas) 120 -
2. Emission limit values for gas engines
2.1. gaseous fuel 100 100

Notes.

(1) Emission limit values apply to each separate gas turbine with a load of over 70 %.

(2) Naturally occurring methane with not more than 20 % (by volume) of inerts and other constituents.

(3) Emission limit value of 75 mg/Nm3 exists in the following cases (where the efficiency of the gas turbine is determined at base load conditions specified in the applicable standards):

1) gas turbines, used in combined heat and power systems having the overall efficiency greater than 75 %;

2) gas turbines used in combined cycle plants having the annual average overall electrical efficiency greater than 55 %;

3) gas turbines for mechanical drives.

(4) For a cycle of gas turbines not falling into any of the abovementioned categories, but having efficiency greater than 35 % at base load conditions specified in the applicable standards, the emission limit value shall be:

50 x η/35, where

η - the gas turbine efficiency at base load conditions specified in the applicable standards, expressed as a percentage.

III. Emission limit values for existing large combustion plants which received the permit before 27 November 2002 or for which an application for a permit had been submitted before that date, and which were put into operation before 27 November 2003 if they are operated less than 1500 operating hours per year (average over a period of five years)

1. Emission limit values for existing large combustion plants other than gas turbines and gas engines:

No. Type of heating fuel Rated thermal input (MW) Emission limit value of SO2 (mg/m3) Emission limit value of NOx (mg/m3)
1. Solid fuel 50 - 500

over 500

800

800

450

450(1)

2. Liquid fuel 50 - 300

300 - 500

over 500

850

400

400

450

450

400

Note.

(1) The determined emission limit value is applied to combustion plants which were put into operation before 1 July 1987 and are operated for not more than 1500 operating hours per year (average over a period of five years).

2. Emission limit values of NOx for existing large combustion plants that are gas turbines (including combined cycle gas turbines) with the total rated thermal input above 50 MW:

No. Type of heating fuel Emission limit value of NOx (mg/m3)
1. Natural gas 150
2. Liquid fuel and gaseous fuel (except for natural gas) 200

Acting for the Minister for
Environmental Protection and Regional Development -
Minister for the Interior Rihards Kozlovskis

 

Annex 3
Cabinet Regulation No. 736
12 December 2017

Emission Limit Values for New Large Combustion Plants

I. Emission limit values for new combustion plants other than gas turbines and gas engines

No. Type of heating fuel Rated thermal input (MW) Emission limit values (mg/m3)
SO2 NOx CO Dust or particles
1. Coal, lignite and other solid fuels (other than biomass and peat) 50-100

100-300

over 300

400

200

150(1)

300(2)

200

150(2)

1000

1000

1000

20

20

10

2. Biomass 50-100

100-300

over 300

200

200

150

250

200

150

1000

1000

1000

20

20

20

3. Peat 50-100

100-300

over 300

300

300(3)

150(3)

250

200

150

1000

1000

1000

20

20

20

4. Liquid fuel 50-100

100-300

over 300

350

200

150

300

150

100

300

300

300

20

20

10

5. Gaseous fuel over 50 35(4) 100 100 5(5)

Notes.

(1) Emission limit value is 200 mg/m3, if fuel is fired in circulating or pressurised fluidised bed.

(2) In the case of pulverised lignite combustion the emission limit value is 400 mg/m3 for combustion plants the rated thermal input of which is 100 to 300 MW, and 200 mg/m3 - for combustion plants with a rated thermal input above 300 MW.

(3) In the case of fluidised bed combustion the emission limit value is 250 mg/m3 for combustion plants the rated thermal input of which is 100 to 300 MW, and 150 mg/m3 - for combustion plants with a rated thermal input above 300 MW.

(4) Emission limit value of SO2 for combustion plants firing liquefied gas is 5 mg/m3, low calorific gases from coke oven - 400 mg/m3, low calorific gases from blast furnace - 200 mg/m3.

(5) Emission limit value of dust or particles for combustion plants firing low calorific blast furnace gas is 10 mg/m3, and for combustion plants firing gases produced by the steel industry which can be used elsewhere - 30 mg/m3.

II. Emission limit values for new combustion plants that are gas turbines (including combined cycle gas turbines) and gas engines

1. Emission limit values apply to each separate gas turbine with a load of over 70 %.

2. In the case of gas turbines (including combined cycle gas turbines) and gas engines with a rated thermal input above 50 MW the following emission limit values apply:

No. Type of heating fuel Emission limit values of NOx (mg/m3) Emission limit value of CO (mg/m3)
1. Emission limit values for gas turbines (also combined cycle gas turbines)
1.1. liquid fuel - light and middle distillates 50 100
1.2. Gaseous fuel 50(1) 100
2. Emission limit values for gas engines
2.1. Gaseous fuel 75 100

Note.

(1) For single cycle gas turbines having an efficiency greater than 35 % determined at base load conditions specified in the applicable standards, the emission limit value shall be:

50 x η/35, where

η - the gas turbine efficiency at base load conditions specified in the applicable standards, expressed as a percentage.

Acting for the Minister for
Environmental Protection and Regional Development -
Minister for the Interior Rihards Kozlovskis

 

Annex 4
Cabinet Regulation No. 736
12 December 2017

Emission Limit Values for Existing Medium Combustion Plants

No. Type of heating fuel Rated thermal input (MW) Emission limit values (mg/Nm3)
SO2 NOx CO Dust or particles
1. Gaseous fuel up to 50 35(1) 350 150 5(2)
2. Liquid fuel up to 50 1700 400 400 50(3)
3. Solid fuel up to 10

10-50

2500(4)

2300(4)

600

600

2000

2000

1000

500

Notes.

(1) SO2 emission limit value for liquefied gas shall be 5 mg/m3, low calorific gases from coke oven - 400 mg/m3, low calorific gases from blast furnace - 200 mg/m3.

(2) Emission limit value for dust or particles from gases from blast furnace shall be 10 mg/m3 and for gases produced in metalworking industry - 30 mg/m3.

(3) If the ash content of the operating weight of fuel is greater than 0.06 %, the emission limit value for dust or particles shall be 100 mg/m3.

(4) Emission limit value of SO2 for biomass is 200 mg/m3.

Acting for the Minister for
Environmental Protection and Regional Development -
Minister for the Interior Rihards Kozlovskis

 

Annex 5
Cabinet Regulation No. 736
12 December 2017

Emission Limit Values for New Medium Combustion Plants to be Applied from 20 December 2018

I. Emission limit values for new combustion plants other than engines and gas turbines

No. Type of heating fuel Rated thermal input (MW) Emission limit values (mg/Nm3)
SO2 NOx CO Dust or particles
1. Biomass 1-5 MW 200(1) 500 2000 50
5-20 MW 200(1) 300 2000 30
20-50 MW 200(1) 300 2000 20
2. Coal, lignite, peat and other solid fuels (other than biomass) 1-5 MW 400 500 2000 50
5-20 MW 400 300 2000 30
20-50 MW 400 300 2000 20
3. Diesel fuel (gas oil) 1-50 MW - 200 400 -
4. Liquid fuel (except for diesel fuel) 1-5 MW 350 300(2) 400 50
5-50 MW 350 300(2) 400 20
5. Natural gas 1-50 MW - 100 150 -
6. Gaseous fuel (except for natural gas) 1-50 MW 35(3, 4) 200 150 -

Notes.

(1) The value does not apply to plants firing exclusively woody solid biomass.

(2) Until 1 January 2025, 450 mg/Nm3 when firing heavy fuel oil containing between 0,2 % and 0,3 % N.

(3) 400 mg/Nm3 for low calorific gases from coke ovens and 200 mg/Nm3 for low calorific gases from blast furnaces in the iron and steel industry.

(4) 100 mg/Nm3 for biogas.

II. Emission limit values for new combustion plants that are engines and gas turbines

No. Pollutant Plant type Emission limit values (mg/Nm3)
diesel fuel (gas oil) liquid fuel (except for diesel fuel) natural gas gaseous fuel (with the exception of natural gas)
1. SO2 Engines and gas turbines - 120 - 15(1)
2. NOx Engines(2) 190(3) 190(3, 4) 95(5) 190
Gas turbines(6) 75 75 50 75
3. Dust or particles Engines and gas turbines - 10(7) - -

Notes.

(1) 40 mg/Nm3 for biogas.

(2) Engines running between 500 and 1500 hours per year may be exempted from the requirements to ensure conformity with the abovementioned emission limit values if the primary measures to limit NOx emissions and meet the following emission limit values are applied: 1850 mg/Nm3 - for dual fuel engines in liquid fuel mode and 380 mg/Nm3 - in gaseous fuel mode; 1300 mg/Nm3 for diesel engines with ≤ 1200 revolutions per minute and the total rated thermal input less than or equal to 20 MW, and 1850 mg/Nm3 for diesel engines with the total rated thermal input greater than 20 MW; 750 mg/Nm3 for diesel engines with > 1200 revolutions per minute.

(3) 225 mg/Nm3 for dual fuel engines in liquid fuel mode.

(4) 225 mg/Nm3 for diesel engines with ≤ 1200 revolutions per minute and the total rated thermal input lower than or equal to 20 MW.

(5) 190 mg/Nm3 for dual fuel engines in gaseous fuel mode.

(6) These emission limit values are only applicable where the load of the plant exceed 70 %.

(7) 20 mg/Nm3 for plants with the rated thermal input equal to or greater than 1 MW and less than or equal to 5 MW.

Acting for the Minister for
Environmental Protection and Regional Development -
Minister for the Interior Rihards Kozlovskis

 

Annex 6
Cabinet Regulation No. 736
12 December 2017

Emission Limit Values for Existing Large Combustion Plants Subject to the Derogation Referred to in Paragraphs 43 and 45 of this Regulation

I. Emission limit values for existing combustion plants other than gas turbines and gas engines

No. Type of heating fuel Rated thermal input (MW) Emission limit values (mg/m3)
SO2 NOx CO Dust or particles
1. Plants which were put into operation before 27 November 2003 and plants for which an application for a permit had been submitted to the Board before 27 November 2002 so that they could be put into operation before 27 November 2003
1.1. Gaseous fuel 50-300

300-500

over 500

35(1)

35(1)

35(1)

300

300

200

100

100

100

5(2)

5(2)

5(2)

1.2. Liquid fuel 50-300

300-500

over 500

1700

1700-400(3)

400

450

450

400

300

300

300

50(4)

50(4)

50

1.3. Solid fuel 50-100

100-500

over 500

2000

2000-400(3, 5)

400(5)

600(6)

600(6)

500(6, 7)

1000

1000

1000

100

100

50(8)

2. Plants which received permits after 27 November 2002 and combustion plants for which an application for a permit had been submitted to the Board before 27 November 2002, but they were put into operation after 27 November 2003
2.1. Gaseous fuel over 50 35(9) 200(10) 100 5(11)
2.2. Liquid fuel 50-100

100-300

over 300

850

400-200(3)

200

400

200

200

300

300

300

50

30

30

2.3. Solid fuel 50-100

100-300

over 300

850(12, 13)

200(12, 13)

200(12, 14)

400

200

200

1000

1000

1000

50

30

30

Notes.

(1) Emission limit value of SO2 for liquefied gas is 5 mg/m3. SO2 emission limit value for low calorific gases from gasification of refinery residues, blast furnace gas, coke oven gas is 800 mg/m3.

(2) Emission limit value of dust or particles for combustion plants firing blast furnace gas is 10 mg/m3, and for combustion plants firing gases produced by the steel industry which can be used elsewhere - 50 mg/m3.

(3) According to capacity in linear descending order.

(4) If the ash content of the operating weight of fuel is greater than 0.06 %, the emission limit value for dust or particles shall be 100 mg/m3.

(5) SO2 emission limit value is 800 mg/m3 for combustion plants the rated thermal input of which is 400 MW and more, if they are operated less than 2000 operating hours per year (average over a period of five years).

(6) For solid fuel the volatile matter content of which is less than 10 % of the operating weight of the fuel, the NOx limit value is 1200 mg/m3.

(7) For combustion plants that, starting from 2008, are operated less than 2000 operating hours per year (average over a period of five years) and for combustion plants that have been put into service before 1 July 1987, NOx limit value is 600 mg/m3.

(8) A limit value is 100 mg/m3 can be applied to combustion plants which started operating before 1 July 1987 and fire solid fuel with a net calorific value of less than 5800 kJ/kg, a moisture content greater than 45 % by weight, a combined moisture and ash content greater than 60 % by weight and a calcium oxide content in ash greater than 10 %.

(9) SO2 emission limit value for liquefied gas shall be 5 mg/m3, low calorific gases from coke oven - 400 mg/m3, low calorific gases from blast furnace - 200 mg/m3.

(10) NOx emission limit value for natural gas (naturally occurring methane with not more than 20 % (by volume) of inerts and other constituents) is 150 mg/m3 for combustion plants with a rated thermal input of 50 to 300 MW, and 100 mg/m3 - for combustion plants with a rated thermal input above 300 MW.

(11) Emission limit value of dust or particles for combustion plants firing blast furnace gas is 10 mg/m3, and for combustion plants firing gases produced by the steel industry which can be used elsewhere - 30 mg/m3.

(12) Emission limit value of SO2 for biomass is 200 mg/m3.

(13) If it is not possible to ensure an emission limit value due to the sulphur content of the fuel, the operator shall ensure that the SO2 emission limit value does not exceed 300 mg/m3.

(14) If it is not possible to ensure an emission limit value due to the sulphur content of the fuel, the operator shall ensure that the SO2 emission limit value does not exceed 400 mg/m3.

II. Emission limit values for existing combustion plants that are gas turbines (including combined cycle gas turbines)

No. Type of heating fuel NOx

emission limit value (mg/m3)(1)

1. Liquid fuel - light and middle distillates 120
2. Natural gas(2) 50(3,4)
3. Gaseous fuel (with the exception of natural gas) 120

Notes.

(1) Emission limit values apply to each separate gas turbine with a load of over 70 %.

(2) Naturally occurring methane with not more than 20 % (by volume) of inerts and other constituents.

(3) Emission limit value of 75 mg/Nm3 in the following cases (where the efficiency of the gas turbine is determined at base load conditions specified in the applicable standards):

1) gas turbines, used in combined heat and power systems having an overall efficiency greater than 75 %;

2) gas turbines used in combined cycle plants having an annual average overall electrical efficiency greater than 55 %;

3) gas turbines for mechanical drives.

(4) For a cycle of gas turbines not falling into any of the abovementioned categories, but having an efficiency greater than 35 % at base load conditions specified in the applicable standards, the emission limit value shall be:

50 x η/35, where

η - the gas turbine efficiency at base load conditions specified in the applicable standards, expressed as a percentage.

Acting for the Minister for
Environmental Protection and Regional Development -
Minister for the Interior Rihards Kozlovskis


Translation © 2019 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Kārtība, kādā novērš, ierobežo un kontrolē gaisu piesārņojošo vielu emisiju no sadedzināšanas .. Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 736Adoption: 12.12.2017.Entry into force: 16.12.2017.Publication: Latvijas Vēstnesis, 249, 15.12.2017. OP number: 2017/249.4
Language:
LVEN
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