Presented at the ENSEARCH FORUM ON …

1 1EQ (CLEAN AIR) REGULATIONS 2014 HOW IS INDUSTRY REACTING?By: Presented at the ENSEARCH FORUM ON ENVIRONMENTAL LEGISLATION 201514 May 2015, Subang Golf Club, Petaling Jaya, SelangorPeter Yueh Chuen Ho, Poh Aun Tan & Mazura Mazlan**Respectively, ERE Consulting Group; SOxNOxAsia; TriEcoEdge2 Contents of Presentation Highlight some of the inconsistencies and not so clear provisions of the CAR 2014 Issues affecting some of the industries in the country some case examples Some thoughts for addressing some of the inconsistencies and issues3 Application of Clean Air Regulations 2014 Regulation Regulations shall apply to: a)Any premises used for any industrial or trade purposes, or on which matter is burnt in connection with any industrial or trade purposes, including burning of waste, whether or not the premises are prescribed under section 18 of the Act;b)Any other premises or process that discharges or is capable of discharging air pollutants into the open air;c)Any industrial plant; and d)Any fuel burning What about emissions (fugitive dust) from non-process or non-industrial or trade activities eg.

2 Earthworks, site clearing?4 Unclear or Vague Aspects of the CARR egulation 5 -Written NotificationObligation to notify5. (1) An owner or occupier of a premises shall not, without giving prior written notification to the Director Generala)carry out any change in operationof his premises;b)carry out any workon any premises that may result in a source of emission;c)construct on any land, any building or premises designed or used for a purpose that may result in a new source of emission; change in operationof his premises does this relate tochange which can cause a new source or change which has an impact on an existing source? carry out any workon any premises that may result in a source of emission in In according to Reg. 3, this does notinclude fugitive emissions associated with non process or combustion or production? Any work refers to any form whether civil, plant, process or otherwise? Statement is clear with regards to construction of any formwhich will resultin a new source of or Vague Aspects of the CARR egulation 5 -Written NotificationObligation to notify(1) An owner or occupier of a premises shall not, without giving prior written notification to the Director General:d)make, cause, or permit to be made any changeof, to.

3 Emission from an existing source; ore)carry out any changes or modificationsto an existing air pollution control system.(2) The written notification shall be submitted to the Director General not less than thirty daysbefore the commencement of such work in such form as determined by the Director General. (no major issue) (no major issue)Notification is - giving notice of or report (something) formally or officially There is no indication that a formal response will be given or is required prior to start of work. As it is silent, the assumption is that the latter is not needed?6 Regulation 6 -Provision for BATAPPLICATION OF best available TECHNIQUES (BAT) ECONOMICALLY ACHIEVABLE Regulation owner or occupier of a premises involved in any activity or industry listed in the First Schedule shall incorporate measures to reduce the emission of air pollutants to the atmosphere in accordance with the best available Techniques Economically Achievable (BAT) determined by the Director as defined in the CAR means: the effective method in preventing pollution and, where that is not practicable, generally to reduce emissions into the air from the industrial activities and their impact on the environment as a whole.

4 7 First Schedule (Regulation 6 &13)ACTIVITIES AND INDUSTRIES SUBJECT TO THE best available TECHNIQUES (BAT) ECONOMICALLY ACHIEVABLE 1. Fuel burning, including heat and power generation in boilers, combustion turbines or generators set for combined heat and power burning: Heat and power generation in: Boilers or gas turbines with a total capacity 10 MW; Generator sets for combined heat and power production with a total capacity 3 MW. 2. Production and processing of ferrous metals (iron and steel mills) in all sizes, including:(a) metal ore roasting or sintering facilities; (b) facilities for the production of pig iron or steel (primary or secondary fusion) including continuous casting; and (c) facilities for the processing of ferrous metals (hot rolling mills). 3. Ferrous metal foundries with the capacity of 1 ton molten metal per Schedule (Regulation 6 & 13)4. Production and processing of non-ferrous metals with the capacity of tons per day for lead or cadmium, or 2 tons per day for other metals.

5 5. Oil and gas industries in all sizes, including refineries, natural gas processing and storage, storage and handling of petroleum products. 6. Non-metallic (mineral) industry in cement production in all sizes, including: (a)manufacture of glass including glass fibre with the capacity of 1 ton of product per day; and (b) manufacture of ceramic products by firing, in particular roofing tiles, ceramic glass, bricks, refractory bricks, tiles, stoneware or porcelain with the capacity of 10 tons of product per day. 7. All stationary asphalt mixing plants. ACTIVITIES AND INDUSTRIES SUBJECT TO THE best available TECHNIQUES (BAT) ECONOMICALLY ACHIEVABLE9 First Schedule (Regulation 6 & 13)8. Pulp and paper industry, including paper recycling in all Chemical and petrochemical industry in all sizes, including: (a) production of inorganic chemicals, including gases (ammonia, chlorine, hydrogen chloride, sulphur dioxide); acids (hydrofluoric acid, phosphoric acid, nitric acid, hydrochloric acid, sulphuric acid, oleum), bases, salts and fertilizers (NPK); (b) production of organic chemicals, including hydrocarbons, VCM, oxygen-containing sulphurous, nitrogenous or phosphorous hydrocarbons, basic plastic material, synthetic rubber, dyes and surface-active agents and surfactants; (c) production of pharmaceutical products, plant health products and biocides.

6 And (d) mixing and packaging of chemicals, pesticides, pharmaceutical products with the capacity of 5 tons of product per dayACTIVITIES AND INDUSTRIES SUBJECT TO THE best available TECHNIQUES (BAT) ECONOMICALLY ACHIEVABLE 10 First Schedule (Regulation 6 & 13)10. Solvent use in industry: Facilities for the surface treatment of substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, fat extraction, with a solvent consumption capacity of more than 200 tonnes per Waste Incinerators in all sizes ACTIVITIES AND INDUSTRIES SUBJECT TO THE best available TECHNIQUES (BAT) ECONOMICALLY ACHIEVABLE 11 BAT Guidance DocumentsSource: best available Techniques (BAT) reference documents EU IPPC BREFs12 BAT Guidance Documents13 Matching BAT with CAR A Case ExampleEmissions due to Primary Aluminium Production14 Non-Ferrous Metal Al SmeltingPot Room CasthouseMolten Al Removal Ingot Casting 15 Non-Ferrous Metal Al ProductionAl2O3+3C 2Al+3CO2Al2O3+3C 4Al+3CO2SO2emissions an unintended product primarily derived from the S contained in the anode (S found in pet coke which is an ingredient of the anode)16 BAT TECH.

7 GUIDE PRIMARY ALUMINIUMBEST available TECHNIQUES GUIDANCE DOCUMENT FOR NON-FERROUS METAL INDUSTRY Issued by DOE17 CAR Emission Limits -Third Schedule ( )PRODUCTION AND PROCESSING OF NON-FERROUS METALS WITH A CAPACITY TONS PER DAY FOR LEAD OR CADMIUM OR 2 TONS PER DAY FOR OTHER METALS19 EMISSION LIMITS PRIMARY AL SMELTINGCOMPARISON BETWEEN CLEAN AIR, IFC AND BAT EMISSION LIMITS FOR PRIMARY ALUMINUM PRODUCTION ParameterMalaysian Emission Limit(mg/Nm3)IFC Guideline Limit(mg/Nm3)BAT Guidance Range(mg/Nm3) < < <50-200 Control of S content in anodeContinuousHCl-5 Notstated20 Emission Limits for Various ProcessesParameterPrimary AluminiumProductionSecondary Aluminium ProductionSinter Plant (Ferrous metal)BF, BOF, EAFCoke OvenCu & Zn ProductionPower(>10MW )Solid & Liquid (15 if> 100MW)Total PM10105050102050 Sum SOx100-500-800-500 NOx-500400-500-50021 Emission Limits for Various ProcessesParameterCement KilnsQuicklime/ dolomite sinteringGlassfurnaceCeramic FurnacesAsphaltMixing plantChemical &PetrochemicalWaste incineratorHF------1 Total PM505050505050100 Sum SOx--800800-10050 NOx8001500800800-70020024 Case Example 2 Emissions due to Secondary Aluminium Production25 BAT TECH GUIDE SECONDARY ALUMINIUMBEST available TECHNIQUES GUIDANCE DOCUMENT FOR SECONDARY ALUMINIUM MATERIALS PRE-TREATMENT, MELTING & SMELTING27 EMISSION LIMITS SECONDARY AL SMELTINGCOMPARISON BETWEEN CLEAN AIR, IFC AND BAT EMISSION LIMITS FOR SECONDARY ALUMINUM MELTING & SMELTING ParameterMalaysian Emission Limit(mg/Nm3)IFC Guideline Limit(mg/Nm3)BAT Guidance Range(mg/Nm3)

8 MonitoringDust Not stated1 -51 -5 Total PM10 Not statedNot statedContinuous -daily averageTotal Organic CarbonNot stated5 -50< 5 50 Dioxins (ngTEQ/Nm3) (general) < stated5 (as HCL)< 5 Total FluorideNot < 1SO2 Not stated< 50 -200< 50 -200 NOx500100 -300< 100 -300 Periodic28 Regulation 15 best Practicable MeansRegulation 15 Hazardous substances - best Practicable Means (BPM) to be used(1)An owneror occupier of a premises shall use the best practicable means to prevent the emission of hazardous substances and to render harmless and inoffensive those substances necessarily is undefined or explained in the CARIs this similar to best practicable environmental option (BPEO) applied in the UK?In the UK, this is suggested a pragmatic approach for the control of polluting effluents and emissions, without unduly penalizing the offending industry. Based on the concept that the costs of pollution are at least partially offset by the economic and social benefitsof a viable industry.

9 BPEO is criticized for permitting releaseof polluting substances in volumes greater than that would have been allowed under an absolute standard. Alsocalled best 17 Continuous Emission MonitoringRegulation 17(1)In addition to periodicmonitoring under regulation 16, the owner or occupier of a premise shall carry out continuous emission monitoring as specified in the Second and Third Schedules.(2)For purposes of continuous emission monitoring, the measuring device shall comply with the specifications as determined by the Director of CEMS is a requirement for all main stacks and is irrespective of the nature of the emission Compare: -emissions due to combustion of natural gas for heating purposes (boiler), -emissions from combustion of liquid or solid fuels (heat for energy),-process emissions (which may be from physical , chemical or even biochemical processes).30 Notification to be made to the DGNotification in respect of:Reg.

10 8 Failure of operations of APC SystemReg. 17(6) CEMS reading where emission standards exceed the prescribed limit valuesReg. 21 Accidental emissions at the premises Notified not later than one (1) hour from the occurrence of such failure Not defined typeof failure or if this is of significance Notify not later than one (1) hourfrom occurrence of such failure Is this withreference to daily averagevalue over the emissionlimit within one calendar year? Inform the DG of occurrence immediatelyupon discovery of the accidental emission Asstated it includes anyaccidental emission no matter significant or not31 Unresolved Issues Cause Frustration 32 Where do we go?33 Some The CAR requires a review to smooth out those issues which affect industry eg. the discrepancy between limits set for various industry which are not quite logical The use of EU or IFC standards is well and good but is it the right antidote as a blanket requirement for all industries?