Statutory Order regarding regulation of air pollution from solid fuel combustion plants under 1 MW 1)

Transcription

1 While this translation was carried out by a professional translation agency, the text is to be regarded as an unofficial translation based on the latest official Statutory Order no. 49 of 16 January Only the Danish document has legal validity. Statutory Order regarding regulation of air pollution from solid fuel combustion plants under 1 MW 1) The following shall be laid down pursuant to section 7(1), nos. 1 and 5, section 7a(1) and (2), section 16(1), section 18(1), section 67, section 92 and section 110(3) of the Environmental Protection Act, cf. Consolidation Act no. 966 of 23 June 2017, as amended by Act no of 12 December 2017: Part 1 Scope and definitions 1. This Statutory Order shall apply to solid fuel combustion plants with a nominal heat input of less than 1 MW. 2. For the purpose of this Statutory Order: 1) "Combustion plant" means a technical system in which solid fuels are burned with a view to using the generated heat, including pellet burners for separate retrofitting for such plants. Other burners are considered to be part of the combustion plant. 2) "Space heater" means a combustion plant with doors with or without a water tank, designed to directly heat the surroundings, including wood-burning stoves, fireplace inserts, pellet stoves, masonry stoves, sauna stoves and similar fixed energy production plants. 3) "Central heating boiler" means a combustion plant with a boiler for heating water for consumption and/or central heating, designed not to directly heat the space where it is located. 4) "Fireplace insert" means a plant with or without a door, designed to be installed in the opening to a fireplace or the firebox of an open fireplace. 5) "Pellet burner (stoker)" means a device for automatic burning of wood pellets, wood chips and similar for which there may be different types of control; on-off, mechanical, modulating or with several steps, into which pellets can be fed horizontally, from above or from underneath. 6) "Masonry stove" means an enclosed brick wood-burning stove with a long smoke tube system and a large volume in order to give heat for a long time. 7) "Tiled stove" means a brick wood-burning stove covered with tiles, flags or porcelain. Typically with a longer smoke tube system and greater volume than a wood-burning stove. 8) "Wood-burning cooker" means an iron cook stove heated by firewood, which can be used for cooking and as a space heater. 9) "Other burners" means a device for automatic burning of comminuted wood, including wood chips, sawdust, etc., except for wood pellets, for which there may be different types of control; on-off, mechanical, modulating or with several steps, into which pellets can be fed horizontally, from above or from underneath. 10) "Solid fuels" means fuels that are solid at normal indoor temperatures, including solid fossil fuels and solid biomass in the form of wood, plant kernels, wood briquettes, wood pellets or other residual products covered by the Statutory Order on Biomass Waste. 11) Types of solid fuel with which combustion plants under 1 MW may be tested include the following, cf. 7: a) natural wood in large pieces with or without bark, especially in the form of firewood, wood chips and branches and cones, b) comminuted natural wood, particularly in the form of sawdust, shavings or grinding dust, c) briquettes from natural wood in the form of wood briquettes in accordance with DS/EN , or in the form of wood pellets in accordance with the technical fuel requirements in DS/EN , as well as other wood pellets made of natural wood of the same quality, d) straw and similar plant materials, corn not intended to be used for food, as well as entire corn plants, corn waste, chaff and straw residues, as well as pellets of these types of fuel. 12) "Combustion principle" means manual or automatic feeding of the fuel. 13) "Plant type" means series of combustion plants with identical combustion characteristics or series of prefabricated sections designed for the construction of combustion plants. 14) "Unit" means a single example of a plant type.

2 15) "Historical space heaters" means units constructed or built before ) "Test certificate" means a document certifying that the specific combustion plant is in accordance with the requirements in Annexes 1, 2 and 3, respectively. 17) "Installation certificate" means a document certifying the date on which the plant was installed, the name of the stove builder and the company of the stove builder as well as type of stove installed. In the case of a historical stove, it shall appear from the certificate that the stove was manufactured before ) "Straw burner" means a central heating boiler or other combustion plant using straw as fuel, and which is not intended for heating the space where it is located. 19) "Cyclone" means a clean-up measure that can filter specific particles from flue gas. Part 2 Requirements for combustion plants 3. Sections 4 and 5, section 6(1) and section 7(1) shall not apply to the following plants: 1) masonry stoves and tiled stoves built on the relevant property by a stove builder. 2) wood-burning cookers built on the relevant property by a stove builder, and with a minimum of two metres of horizontal smoke flues. Such wood-burning cookers may not have been assembled at the factory or be delivered as pre-fabricated components. 3) historical space heaters constructed in listed buildings under the Building Preservation Act, or buildings covered by Annex 1 of the Museum Act. 4) historical space heaters manufactured before 1920 which are restored and built on the relevant property by a stove builder, and are lined with bricks throughout the combustion chamber with a view to achieving high temperatures for the combustion. 5) individually produced copies of historical space heaters constructed in listed buildings under the Building Preservation Act, or buildings covered by Annex 1 to the Museum Act. 6) existing combustion plants which are being disassembled for repair or restoration and will then be placed back into the same building, unless the repair or restoration is so extensive that the majority of the combustion plant is being replaced. 7) existing combustion plants installed in a property which is being sold or transferred. 4.-(1) Combustion plants may only be connected when they observe the limit values in Annex 1 for space heaters, Annex 2 for central heating boilers, and Annex 3 for straw burners installed in rural zones. (2) Compliance of a combustion plant with the requirements in Annexes 1, 2 or 3 shall be documented in a test certificate issued and signed by a measurement laboratory or testing institute, cf. section 8. (3) The compliance of serially produced combustion plants with Annexes 1, 2 or 3, respectively, is considered to have been satisfied by the testing of a single unit in the series, if production control for the specific plant is simultaneously carried out in accordance with the applicable test standard. (4) For a series of combustion plants, only the largest and smallest models shall be tested if the ratio between their nominal heat outputs does not exceed 1:2 for central heating boilers and 1:1.6 for space heaters. If the ratio is exceeded, one or more further medium-sized units shall be tested, so that the ratio between the smallest and largest unit in each size category is not exceeded. 5. For central heating boilers, cf. Annexes 2 and 3, that are not serially produced or where it is necessary to conduct on-the-spot testing, compliance with section 4(1) shall be considered to be documented by testing the individual unit, with any cleaning technology. 6.-(1) In combustion plants installed after 1 January 2015, combustion may only take place using the combustion principle and those types of solid fuel for which the combustion plant has been tested and approved, as shown in the test certificate. (2) From 1 January 2019, pet-coke may not be used in combustion plants used to heat private households. 7.-(1) The person responsible for connecting a combustion plant shall, at their own expense, have a trained chimney sweep certify the test certificate with a date and signature. (2) The person responsible for connecting a combustion plant requiring an installation certificate, cf. section 9, shall, at their own expense, have a trained chimney sweep certify the test certificate with a date and signature.

3 Part 3 Measurements and certificates 8.-(1) Measurements to document compliance with the limit values in Annexes 1, 2 and 3 shall be carried out as accredited tests. The measuring laboratory or testing institute shall, at the time of the test, be accredited for testing according to the relevant standards for combustion plants, and be accredited to determine the current substances in the flue gas by the Danish Accreditation Fund, or a corresponding accreditation body that is party to the EA or ILAC multilateral mutual recognition agreements. (2) Measurements to document compliance with the limit values in Annex 1 may, however, be carried out by a measurement laboratory or testing institute which, at the time of the test, has been notified in accordance with the NANDO (New Approach Notified and Designated Organisations) Information System under the EU regulations for building products to the relevant standards for space heaters, as well as accredited to assess dust and organic gaseous carbon (OGC) in the flue gas. (3) The measurement laboratory or testing institute shall issue and sign a test certificate on the basis of the test in subsections (1) or (2), documenting that the combustion plant meets the limit values in Annex 1 with respect to space heaters, Annex 2 with respect to central heating boilers and loose pellet burners, and Annex 3 with respect to straw burners installed in rural zones. (4) The test certificate shall be a concise document (one to two pages) written by the testing institute in Danish or English and contain the following information: 1) Name and address of the person who has ordered the test. 2) Description of the combustion plant, including its make, model name, heat input for pellet burners and heat output for central heating boilers and space heaters (to be given per fuel type), combustion principle (to be given per fuel type) and which type of fuel was used during the test. 3) Name and address of the measuring laboratory or testing institute, as well as its accreditation number, including any notification number in the NANDO Information System, as well as confirmation that the test was undertaken after the time of accreditation and any notification. 4) The test method used. 5) The values measured under the conditions shown in Annexes 1, 2 or 3. 6) Certification by the measurement laboratory or the testing institute that the combustion plant complies with the limit values in Annexes 1, 2 or 3, including the limit values with which the combustion plant shall comply. 7) The place and date of issue for the certificate and the name and position of the person from the measurement laboratory or testing institute who has signed it. (5) A copy of the test certificate shall be retained by the person responsible for connecting a combustion plant, for as long as this person owns the combustion plant, though for no more than 10 years. 9.-(1) Masonry stoves, tiled stoves and wood-burning cookers built on the relevant property as well as restored historical wood-burning stoves shall have an installation certificate. The installation certificate shall be signed by the stove builder, and shall contain the date of installation, the name of the stove builder and the company of the stove builder, CVR no. (Danish central business registration number) as well as type of stove installed. In the case of a historical stove, it shall appear from the certificate that the stove was manufactured before (2) The installation certificate shall be kept for as long as the owner owns the plant, though for no more than 10 years. Part 4 Height of flue system 10.-(1) Flue systems installed or substantially modified after the entry into force of this Statutory Order shall, for connected solid fuel combustion plants up to and including 30 kw, 1) on a flat roof sloping up to and including 5, be at least 1 metre from the roof surface, 2) on a roof sloping from 5 up to and including 20, rise at least 40 cm above the ridge of the roof or be at least 1 metre from the roof surface, and 3) on a roof sloping over 20, rise at least 40 cm above the ridge of the roof or have a horizontal distance to the roof surface of at least 2 m and 30 cm.

4 (2) Flue systems outlets installed or significantly modified after the entry into force of this Statutory Order shall, for connected combustion plants with a total heating output up to and including 30 kw, extend at least 1 metre above the upper edges of ventilation inlets, windows or doors within a 15-metre radius. Part 5 Specifically for central heating boilers with a nominal heat input exceeding 120 kw 11.-(1) Installation of a central heating boiler with a nominal heat input exceeding 120 kw shall be registered with the municipal council at least eight weeks prior to the planned commissioning date. (2) The registration shall document that the limit values in Annexes 2 or 3 are respected. (3) The registration obligation is considered to have been met when the supervisory authority has received the documentation under section 8. (4) In particularly acute cases where, for example, there is a risk of harm to humans, animals, buildings, etc., the municipal council may derogate from the requirement in subsection (1). 12.-(1) If the supervisory authority has raised no objections prior to the planned commissioning date, cf. section 11(1), the plant may be commissioned. (2) If the registered central heating boiler has not been commissioned within two years after the registration under section 11(1) has been received, the registration shall be resubmitted to the supervisory authority, if the desire is to commission the boiler. Part 6 Specifically for installation of straw burners installed in rural zones 13.-(1) Straw burners installed in rural zones shall be fitted with oxygen measuring and control equipment to control the combustion process. (2) The oxygen concentration in flue gas from straw burners shall be measured and controlled regularly with a view to controlling the combustion process. (3) Oxygen measuring and control equipment shall be quality assured and undergo a service check every two years. (4) Straw burners shall be operated at an O2 content in the flue gas exceeding 4% by volume, except for start-up and shut-down periods. 14. Discharges from straw burners established within the distances to the nearest neighbour set out in Annex 4 shall be dimensioned such that the total contribution of the combustion plant to the presence of pollutants complies with the B value for dust in Annex 3 at the nearest neighbour. (2) Distance to the nearest neighbour shall be measured from the discharge from the combustion plant to the window, door or ventilation inlet in the residential property of the nearest neighbour to the discharge. 15. Unless other clean-up measures for particles have been established, straw burners with a nominal heat input of 500 kw or above shall install a cyclone. Part 7 Supervision 16.-(1) The Danish Environmental Protection Agency (Danish EPA) shall monitor compliance with the rules in sections 3-5, sections 7-9, section 13 and section 15. The municipal council shall monitor compliance with the rules in section 6, sections and section 14. (2) This Statutory Order shall not prevent the supervisory authority from issuing a decision with obligations or prohibitions in accordance with section 41 or section 42 of the Environmental Protection Act. (3) This Statutory Order shall not prevent the supervisory authority from issuing a decision in accordance with section 33 or section 41 of the Environmental Protection Act laying down stricter requirements for the operation of combustion plants in enterprises subject to approval. 17. The Danish EPA may require documentation for:

5 1) compliance with this Statutory Order, 2) production control at the enterprise, and 3) adherence to procedures for certification of relevant harmonised standards. Part 8 Municipal regulations 18.-(1) The municipal council may, by regulation, lay down rules regarding pollution control measures for solid fuel combustion plants, in specific clearly-defined areas in the municipality where it is required on environmental grounds. (2) The municipal council shall publish regulations adopted under subsection (1). (3) An adopted regulation under subsection (1) shall not prevent the municipal council from issuing requirements in accordance with sections 33, 41 or 42 of the Environmental Protection Act for further measures to restrict pollution for specific combustion plants beyond those stated in the regulation. (4) Appeals against the municipal council s adoption of a regulation under subsection (1) may not be lodged with another administrative authority. Part 9 Penalty 19.-(1) Unless a more severe penalty is due under other legislation, fines shall be imposed on any person who 1) connects a combustion plant in violation of section 4, 2) uses a combustion principle and burns in violation of section 6, 3) fails to have the test certificate or installation certificate endorsed in accordance with section 7, 4) fails to keep documentation in accordance with sections 8-9, 5) fails to set up a flue system in accordance with section 10 or section 14, 6) fails to register installation of a central heating boiler in accordance with section 11, 7) fails to commission a central heating boiler in violation of section 12, 8) fails to set up a straw burner in accordance with section 13 or section 15, or 9) fails to submit documentation in accordance with section 17. (2) The municipal council may set the fine for violating rules in regulations issued pursuant to section 18 (1). (3) Companies etc. (legal persons) may be subject to criminal liability according to the provisions in chapter 5 of the Criminal Code. Part 10 Entry into force and transitional provisions etc. 20.-(1) This Statutory Order shall enter into force on 26 January (2) Straw burners covered by Part 6, and which have been installed before 1 October 2018, shall be exempted from sections 4-8 and section 15. (3) From 1 October 2018 up to and including 31 December 2021, straw burners which are covered by Part 6 and are a model which, at the time of installation, has no test certificate, may be installed and operated temporarily without complying with sections 4-8 and section 11(2) for up to six months after installation. By no later than six months after installation, the requirements in sections 4-8 shall be observed and documentation, cf. section 11(2), shall be submitted to the authority. 21. Statutory Order no of 7 December 2015 regarding regulation of air pollution from solid fuel combustion plants under 1 MW shall be repealed. Ministry of Environment and Food of Denmark, 16 January 2018 Esben Lunde Larsen / Claus Torp

6 Limit values and test methods for space heaters Annex 1 Space heaters with and without water tanks shall observe the limit values for dust and organic gaseous carbon (OGC), though only for one of the test methods for dust: Substance: Limit value: Measurement principle: Test method: Dust 4 g/kg, and a maximum emission of 8 g/kg in the individual test intervals Dilution tunnel NS and NS (calculated using NS 3059, class 1 or 2, depending on the size of the combustion plant) or a comparable standard for measuring particle emissions from space heaters recognised in the EU, EFTA countries or Turkey. 30 mg/normal m 3 at 13 % O 2 Directly in the flue gas channel Relevant harmonised product standard, or if this does not contain a description of emission measurement methods, then CEN/TS 15883, Annex A.1 (Residential solid fuel burning appliances - Emission test methods), or an equivalent standard for measuring particle emissions from space heaters, which is recognised in the EU, EFTA or Turkey. OGC 120 mg C/normal m 3 at 13 % O 2 Directly in the flue gas channel Relevant harmonised product standard, or if this does not contain a description of emission measurement methods, then CEN/TS 15883, Chapter 4 (Residential solid fuel burning appliances - Emission test methods), or an equivalent standard for measuring OGC emissions from space heaters, which is recognised in the EU, EFTA or Turkey.

7 Limit values and test methods for central heating boilers 0-1 MW Annex 2 Combustion principle: Limit values: OGC mg C/normal m 3 at 10 % O 2 CO mg/normal m 3 at 10 % O 2 Dust mg/normal m 3 at 10 % O 2 Test method: Documentation of limit values according to a standard or method sheet no ** Manual Automatic*, including pellet burners for separate retrofitting in central heating boilers *** EN is used for testing boilers up to and including 500 kw and for laboratory tests. In exceptional circumstances, where a central heating boiler is too large to be tested in a laboratory but smaller than 500 kw, the manufacturer/importer can choose to have it tested either in accordance with the EN standard or the method sheets below. Central heating boilers larger than 500 kw must be tested on-site according to the standards stated in the method sheets published by the Danish EPA's Reference Laboratory for measurement of emissions into the air: MEL-02 on determination of the concentration of total particulate matter in flowing gas and MEL-06 on determination of carbon monoxide (CO) in flowing gas and MEL-07 on determination of the concentration of gaseous TOC (total organic carbon) in flowing gas (flame ionisation detector) or equivalent emission measuring standards recognised in the EU, EFTA or Turkey. The testing institute must be accredited according to the standards specified in the method sheets. Testing of pellet burners for separate retrofitting in central heating boilers is made in accordance with the test method described in EN or an equivalent standard. * Automatically fired central heating boilers that can be downscaled can be tested at nominal maximal load until 31 December 2019, after which boilers larger than 20 kw must also be tested at low load, as stated in the standard. ** See the website of the Danish EPA's Reference Laboratory for measurement of air emissions ( *** 100 mg/m 3 for condensing plants larger than 500 kw. ****If EN is changed such that central heating boilers up to 1 MW are covered, the manufacturer/importer can also use EN for boilers between 500 1,000 kw.

8 Annex 3 Limit values and test methods for central heating boilers 0-1 MW using straw as fuel, and which are installed in rural zones Central heating boilers established in rural zones, and which use straw as fuel with or without an accumulation tank, must meet the limit values for OGC and CO up to and including 31 December Combustion principle: OGC mg C/normal m 3 at 10 % O 2 Limit values: CO mg/normal m 3 at 10 % O 2 Test method: Documentation of limit values according to a standard or method sheet no ** Manual Automatic* The manufacturer/importer can choose to have a boiler tested either in accordance with the EN standard, or in accordance with the standards stated in the method sheets published by the Danish EPA's Reference Laboratory for measurement of emissions into the air: MEL-06 on determination of carbon monoxide (CO) in flowing gas and MEL-07 on determination of the concentration of gaseous TOC (total organic carbon) in flowing gas (flame ionisation detector) or equivalent emission measuring standards recognised in the EU, EFTA or Turkey. The testing institute must be accredited according to the standards specified in the method sheets. The testing institute must be accredited according to the standards specified in the method sheets. From 1 January 2022, central heating boilers established in rural zones, and which use straw as fuel with or without accumulation tanks, must meet the limit values for OGC, CO and dust: Combustion principle: OGC mg C/normal m 3 at 10 % O 2 Emission limit values: CO mg/normal m 3 at 10 % O 2 Dust mg/normal m 3 at 10 % O 2 Test method: Documentation of limit values according to a standard or method sheet no ** Manual Automatic* *** The manufacturer/importer can choose to have a boiler tested either in accordance with the EN standard, or in accordance with the standards stated in the method sheets published by the Danish EPA's Reference Laboratory for measurement of emissions into the air: MEL-06 on determination of carbon monoxide (CO) in flowing gas and MEL-07 on determination of the concentration of gaseous TOC

9 (total organic carbon) in flowing gas (flame ionisation detector) or equivalent emission measuring standards recognised in the EU, EFTA or Turkey. The testing institute must be accredited according to the standards specified in the method sheets. The testing institute must be accredited according to the standards specified in the method sheets. *Automatically fired central heating boilers that can be downscaled can be tested at nominal maximal load until 31 December 2019, after which boilers larger than 20 kw must also be tested at low load, as stated in the standard. ** See the website of the Danish EPA's Reference Laboratory for measurement of air emissions ( *** 100 mg/m 3 for condensing plants larger than 500 kw. B value: discharge from straw burners Substance: B value: Dust 0.08 mg/m 3 a) a) the B value applies to dust < 10 µm

10 Annex 4 Distance to nearest neighbour and the significance of dimensioning discharge The tables below must be used to determine within which distances to nearest neighbour it is necessary to calculate the dimensioning of discharge from straw burners, where Hs is the height of the chimney ( skorsten in Danish) measured from the ground level, and Hb is the height of the building on which the chimney is placed, measured from ground level. Choose the combination of height of building and chimney which is closest to the situation that will apply when the straw burner is installed. The relevant point on the current curve for a given straw burner is determined on the basis of the nominal output (kw) of the plant stated on the x-axis, and distance from discharge to nearest neighbour stated in metres on the y-axis. In each table, the height of the building (Hb) is constant, whereas the height of the chimney (Hs) varies with four or five heights, and this results in four-five curves. [Translation to the figures: Største afstand til B-værdi for støv: Maximum distance to B value for dust Nominal effekt (kw): Nominal output (kw)]

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13 Official notes