Analysis of the reports submitted by Member States on the
implementation of directive 2008/1/EC, Directive
2000/76/EC, Directive 1999/13/EC and further development
of the web platform to publish the information
Draft report on subtask 3.1: Analysis of Member States
implementation of IPPC and WI Directives – Annex A:
Member States WI factsheets
Report to the European Commission
Unrestricted Commercial
Issue1
April 2010
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Analysis of the reports submitted by the Member States
Framework contract No. ENV/C.4/FRA/2007/0011
Draft Report
Title
Analysis of the reports submitted by the Member States and the further
development of the web platform to publish the information
Customer
European Commission
Customer reference
ANV.C.4/FRA/2007/0011
Confidentiality,
copyright and
reproduction
Unrestricted
File reference
Reference number
Marie Leverton
AEA
Gemini Building
Harwell IBC
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UK
t: 0870 190 2817
f: 0870 190 5545
AEA is a business name of AEA Technology plc
AEA is certificated to ISO9001 and ISO14001
Author
Name
Approved by
Name
Liesbet Goovaerts (VITO)
Katrijn Alaerts (VITO
Ive Vanderreydt (VITO)
Signature
Date
AEA Energy & Environment
iii
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Framework contract No. ENV/C.4/FRA/2007/0011
Draft Report
Table of contents
Annex A
iv
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Annex A
Annex A sets out the detailed overviews of the Member States responses to the questionnaire.
For each Member State a individual fact sheet is drafted containing:
-
The main text given in the response to each qualitative question by means of a short
summary. This short summary presents the most relevant information provided by the MS in
relation to each question. The questions are structured using the 6 main categories, used in
the reporting tool. The qualitative questions are further split into subcategories providing an
overview of specific practical approach and experiences of the Member States for each of
the main categories.
-
Presentation of the Member States quantitative data in tables;
-
The completeness table, which indicates the degree to which the answers comply with the
requirements of the questionnaire. The method described in the main report is used;
-
A summary on the status of implementation. This summary describes whether or not all
requirements are implemented into a functional and effective practical systems.
These fact sheets were presented to the Member States for approval. All comments, clarifications
and additional information provided by the Member States were taken into account.
These fact sheets are used as the basis for the analysis made in previous chapters.
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MALTA
Overview of the answers
The table below presents the detailed analysis of Malta’s responses to each question of the
questionnaire, by means of a short summary or standardised answer where appropriate. Comments
regarding the adequacy of the answers in relation to the requirements of the questionnaire are
added where necessary.
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Table 1: Malta– overview of the answers
Main category
Question
number – sub
question
reporting tool
Subcategory: approach or experiences
Summary of MS response
Comments
Question (Q)
1
Category: DEFINITIONS
Subcategory: Specific Member States approach
NO related questions asked
Subcategory: Experiences of Member States
1.1
Please describe any problems with the definitions
given in Article 3 identified when transposing and
implementing the Directive?
-
2
Waste
Hazardous waste
Mixed municipal waste
Incineration plant
Co-incineration plant
Existing incineration or co-incineration
plant
Nominal capacity
Emission
Emission limit value
Dioxins and furans
Operator
Permit
Residue
-
Category: NUMBER OF INSTALLATIONS/PERMITS/WASTE (CO)-INCINERATED
Subcategory: Specific Member States approach
NO related questions asked
Subcategory: Experiences of Member States
2.1
Please give information on number of installations,
permits and permitted capacities that fall within the
scope of the Directive.
See Table 2 below.
Although there is no existing
installation falling under the
scope of this Directive, it is
reported that one existing
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Main category
Question
number – sub
question
reporting tool
Subcategory: approach or experiences
Summary of MS response
Comments
Question (Q)
installation is still to be
permitted.
2.2
Have any mobile plants received permits under
this Directive?
Please specify.
No
No permits for mobile plants were granted under this Directive during the reporting
period.
2.3
Please give information on the waste that has
been co-incinerated
There are no co-incineration plants in Malta.
2.4
How many co-incineration plants are subject to the
emission limits provided in Annex V of the
Directive (i.e. where co-incineration of untreated
municipal waste is undertaken or more than 40 %
of the heat release results from the combustion of
hazardous waste)?
There are no co-incineration plants in Malta.
3
Category: PERMIT
Subcategory: Specific Member States
approach
3.1
3.1.1
What provisions are made within the permitting
process for:
Identifying the quantities and categories of
hazardous waste that may be treated
AEA Group
No information is provided on
how the quantities, categories,
flows, calorific values and
restrictions are determined
within the permitting process.
National legislation (regulation 6(1)(a) and 6 (2)(a) of the Waste Management
Regulations L.N. 336 of 2001) states that:
the permit for an incineration plant must list explicitly the categories of waste
which may be treated
the permit for a plants incinerating hazardous waste must specify:
o
the quantities of the different categories of hazardous waste which may
be treated.
o
the minimum and maximum mass flows
o
the lowest and maximum calorific values
o
the maximum contents of pollutants of those hazardous wastes, e.g.
PCB, PCP, chlorine, fluorine, sulphur, heavy metals
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Question
number – sub
question
reporting tool
3.1.2
Main category
Subcategory: approach or experiences
Summary of MS response
Question (Q)
The minimum and maximum flows of hazardous
wastes to be treated
See answer to question 3.1.1.
3.1.3
The range of calorific values of hazardous wastes
permitted
See answer to question 3.1.1.
3.1.4
Restrictions on the content of pollutants e.g; PCB,
PCP, chlorine, fluorine, sulphur, heavy metals
See answer to question 3.1.1
For incineration plants, what measures are in place
(in addition to the report requested under
Article12(2), if any) to ensure that plants are
designed, equipped, built and operated to so that
the emission limit values (as set out in Annex V of
the Directive) are not exceeded?
No additional measures are laid down in national waste management legislation (L.N.
336 of 2001)
3.5
For co-incineration plants, what measures are in
place (in addition to the report requested under
Article12 (2), if any) to ensure that plants are
designed, equipped, built and operated to so that
the emission limit values (as set out in Annex II of
the Directive) are not exceeded?
There are no co-incineration plants in Malta.
3.7
For releases to air from incineration and coincineration plants, have emission limit values
additional to those given in Annex II or Annex V, as
appropriate, been set?
No
3.8
How are emission limit values for discharges of
waste water from flue gas cleaning equipment to
the aquatic environment determined?
Identical to Annex IV
3.9
Have emission limit values been set for pollutants
discharged to water, in addition to the pollutants
specified in Annex IV?
No
What operational control parameters are set within
the permitting process for waste water discharges?
pH
Temperature
Flow
Other (see remarks)
3.4
3.10
Comments
However installations for the disposal or recovery of hazardous waste with a capacity
exceeding 10 tonnes/day and installations for the incineration of municipal waste with a
capacity exceeding 3 tonnes/hour are to comply with the Integrated Pollution Prevention
and Control Regulations (L.N. 234 of 2002).
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Question
number – sub
question
reporting tool
3.11
Main category
Subcategory: approach or experiences
Question (Q)
Remarks
What provisions have been made to ensure
protection of soil, surface waters or groundwater in
accordance with Article 8(7)?
Summary of MS response
Waste water discharges to sewers are to further comply with the provision of the Sewer
Discharge Control Regulations (L.N. 139 of 2002).
No further information is
provided on the operational
control parameters set within
the national legislation
mentioned here.
Art. 8(7) of the WID is transposed into national legislation (Subregulation 7 of
Regulation 11 of the Waste Management Regulations) in similar wordings.
The relevant parts of national
legislation are cited in the
original answer.
-
-
-
-
-
Easy access to waste water reservoirs and drainage system shall be possible
at any time
Waste water reservoirs and the whole drainage system, including valves shall
be checked visually on a monthly basis. Results of these checks shall be
recorded appropriately and shall be made accessible to the Authority on
demand at any time.
Waste water reservoirs and the whole drainage system shall be checked for
impermeability by recognised experts. Results of this check shall be
submitted to the Authority within 3 months of issue of the permit.
There shall be easy access to waste water reservoirs and (intermediate)
storage systems to enable sample taking.
Firewater shall be collected in a separate reservoir and analysed for relevant
parameters prior to disposal. Prior to disposal the necessary permits shall be
obtained.
Waste water from spills and from cleaning of trucks shall be collected in a
separate reservoir and analysed for relevant parameters prior to disposal.
Prior to disposal the necessary permits shall be obtained.
There shall be no direct discharge to coastal waters without prior consent
from the Malta Environment and Planning Authority.
3.12
What criteria are used to ensure that storage
capacity is adequate for waters to be tested and
treated before discharge where necessary?
3.13
What provisions in general have been made to
minimize the quantities and harmfulness of
residues resulting from incineration or coincineration plants?
Art. 9 of the WID is transposed into national legislation (Regulation 12 adn
Subregulation 1(c) of regulation 5 of the Waste Management Regulations) in similar
wordings.
3.14
Are the requirements of the permit for the
measurement of pollutants to air and process
operation parameters identical to those set out in
Article 11(2)?
Yes
AEA Group
Comments
Criteria for ensuring adequate
storage capacity are not
specified.
The relevant parts of national
legislation are cited in the
original answer.
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Question
number – sub
question
reporting tool
3.15
3.16
Main category
Subcategory: approach or experiences
Summary of MS response
Question (Q)
Are the requirements of the permit for the
measurement of pollutants to water identical to
those set out in Article 11(14-15)?
Yes
Comments
What provisions are made within the permitting
process, as regards to air emissions, to ensure
compliance with the provisions of
3.16.1
Article 11 paragraph 8?
The provisions laid down in Art. 11(8) are stipulated in the permit and ensure that these
are adhered to through reports provided by the operator and independent experts to the
authority.
3.16.2
Article 11 paragraph 9?
Compliance with the provisions laid down in Art. 11(9) is ensured through the
submission of continuous data made available on the net by the operator
discontinuous data submitted manually by the operator
an annual environmental report submitted by the operator in accordance with
the provisions laid down in the permitting process. The measurement results
presented in these reports allow easy comparison with the values laid down
in the permit and national legislation.
3.16.3
Article 11 paragraph 11 ?
Average values are reported via the internet allowing easy access by the Competent
Authority to ensure whether the operator is complying with the provisions laid down in
Art.11(11) and the provisions laid down in the permit and national legislation.
3.16.4
Article 11 paragraph 12?
-
-
Measurements for the determination of concentrations of air polluting
substances have to be carried out representatively.
Sampling and analysis shall be carried out as given by CEN-standards. If
CEN standards are not available, ISO standards, national or international
standards which will ensure the provision of data of an equivalent scientific
quality apply.
the permit stipulates that the sampling point(s) of the continuous emissions
monitor for gases must be located according to ISO 10396:2007.
3.17
What provisions are made within the permitting
process, as regards to water emissions, to ensure
compliance with the provisions of Article 11
paragraph 9?
Compliance with the provisions laid down in Art.11(9) is ensured through the provisions
laid down in the permit whereby records including volume, pollutant concentration and
date of arising shall be made available to the Competent Authority every 3 months.
3.18
What compliance regime is applied for emissions
to air and water according to Article 11 paragraphs
10 and 16, respectively?
In addition to site visits carried out by the Competent Authority, monitoring results are
compared to the values laid down in the permit and national legislation.
For periodical measurements
no information on the location
of the sampling points is
provided.
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Question
number – sub
question
reporting tool
3.19
3.20
Main category
Subcategory: approach or experiences
Question (Q)
For air:
Option box: Identical to Article
11(10)/More stringent compliance
regime
For water:
Option box: Identical to Article
11(16)/More stringent compliance
regime
Please describe any official guidance that has
been developed on producing validated daily
average emission data (Article 11, paragraph 11)?
What are the procedures for informing the
competent authority in the event of breach of an
emission limit?
Summary of MS response
Comments
identical
identical
No further official guidance has been developed.
The provisions laid down in the permit require the operator to notify the Authority
immediately of the detection of an emission of any substance which exceeds any limit
or criterion stipulated in the permit specified.
The operator must submit written confirmation to the authority of any notification by
sending the basic information listed attachment to the permit within 24 hours and the
more detailed information listed in attachment to the permit as soon as practicable
thereafter.
Subcategory: Experiences of Member States
3.2
What wastes have been considered to be
‘inappropriate’ for representative sampling?
Some
Type:
infectious clinical waste and other waste that may be considered as inappropriate by the
competent authority.
Reasoning:
The competent authority is to assess the risk posed by a specific waste stream prior to
consider it to be inappropriate for representative sampling.
3.3
With regard to the furnace gas residence times
and temperatures laid out in Article 6(1) and Article
6 (2): have any exemptions from the operating
conditions been granted in accordance with Article
6(4)?
No
3.6
For cement kilns co-incinerating waste, have any
exemptions from the emission limits for NOx, dust,
SO2 or TOC been granted in accordance with
Annex II.1?
No
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Main category
Question
number – sub
question
reporting tool
Subcategory: approach or experiences
Summary of MS response
Comments
Question (Q)
4
Category: Public participation
Subcategory: Specific Member States
approach
4.1
What arrangements are made to ensure public
participation in the permitting process?
Remarks:
-
type of permit
New
-
public availability of the permit
application
At national authority office
Through the internet
-
period that the public is enable to
comment
public availability of the final decision on
the permit application
10-30 days
-
4.2
National legislation (Subregulation 1 of Regulation 15 of the Waste Management
Regulations) states that applications for new permits for incineration and co-incineration
plants must be made available at the offices of the competent authority or at any other
convenient place for at least 30 days to enable the public to comment on them before
the competent authority reaches a decision.
That decision, including at least a copy of the permit, and any subsequent updates,
must also be made available to the public.
At national authority office
Through the internet
With regard to the availability of information
throughout the permitting process:
4.2.1
Is there any information related to environmental
aspects not publicly available on the application,
decision process and subsequent permit?
No
4.2.2
Where these data are available, please specify
whether this information is available free of charge
(optional)
Yes
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Main category
Question
number – sub
question
reporting tool
Subcategory: approach or experiences
4.3
Question (Q)
For incineration plants and co-incineration plants
with a nominal capacity of two tonnes or more per
hour, what provisions are made to require an
operator to submit an annual report on the
functioning and monitoring of the plant to the
competent authority?
4.4
What information are these Annual Reports
required to contain?
4.5
How are the annual reports made available to the
public?
4.6
5
Summary of MS response
Art. 12 (2) of the WID is transposed into national legislation (Subregulation 2 of
Regulation 15 of the Waste Management Regulations) in similar wordings.
-
Comments
Full citation of the relevant
parts of national legislation
can be found in the original
answer.
Account of the running of the process
Emissions into air compared to standards set in the Directive
Emissions into water compared to standards set in the Directive
Capacity of the installation
Type of the installation (incineration or co-incineration)
Types of waste that are incinerated
Remarks:
No annual reports have been submitted yet as the permitted thermal treatment facility is
still in the commissioning phase.
For incineration or co-incineration plants with a
nominal capacity of less than two tonnes per hour,
how are these plants publicly identified?
There is no list available of such plants
Remarks:
There are no such in Malta.
Subcategory: Experiences of Member States
NO related questions asked
Category: Abnormal operation of
installations
Subcategory: Specific Member States
approach
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Main category
Question
number – sub
question
reporting tool
Subcategory: approach or experiences
5.1
5.2
Question (Q)
What provisions are made within a permit to
control the period of operation of an incineration or
co-incineration plant during abnormal operation
(i.e. stoppages, disturbances or failure of
abatement or monitoring equipment)?
For incineration and co-incineration processes
what are the maximum permissible periods of
operation during abnormal operation (i.e. before
the plant must shut down)?
Summary of MS response
Comments
Art 13(1) of the WID is transposed into national legislation (Subregulation 1 of
Regulation 16 of the Waste Management Regulations) in similar wordings.
Provisions made within a permit include:
In case of any technically unavoidable disturbances or failures, that could cause
exceedance of the prescribed ELVs, the operator has to initiate repair measures
immediately.
In case of exceedance of prescribed ELVs, waste feeding into the incinerator must
be stopped immediately and the Authority has to be informed immediately.
Operation may only be taken up again, when adequate measures have been
carried out that guarantee that the plant can operate further in accordance with all
relevant requirements and permit conditions.
Full citation of the relevant
parts of national legislation
can be found in the original
answer.
Art. 13(3) of the WID has been transposed into national legislation (Subregulation 3 of
Regulation 16 of the Waste Management Regulations) in similar wordings.
Full citation of the relevant
parts of national legislation
can be found in the original
answer.
Remarks
6
Maximum permissible period with exceedence of
emission limit values
3-4 hours
Maximum cumulative duration of periods
exceeding ELV over one year
40-60 hours
Subcategory: Experiences of Member States
NO related questions asked
Category: Other
Subcategory: Specific Member States
approach
NO related questions asked
Subcategory: Experiences of Member States
6.1
6.1.1
What information, if any, do you have to suggest
that the Directive should be amended with regards
to
Articles 10
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Question
number – sub
question
reporting tool
Main category
Subcategory: approach or experiences
Summary of MS response
6.1.2
Question (Q)
Articles 11
-
6.1.3
Articles 13
-
6.1.4
Annex I
-
6.1.5
Annex III
-
6.1.6
Other (optional)
-
AEA Group
Comments
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Member State quantitative data
Table 2: Answer to question 2.1
Requested information
total
Number of installations within the scope of the Directive
1
0
1
Number of permits issued
1
0
1
Number of permits to be issued
0
1
1
12910
0
12910
1
0
1
Total permitted capacities of waste throughput, if available
(optional) (tonnes/year)
Number of plants that recover heat generated by the
incineration process
1
existing1
new
Existing plants are as defined in article 3 paragraph 6, new plants are all others
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Analysis of completeness
Table 3 presents the level of completeness of the report of Malta
Table 3: Malta – Completeness analysis table
Question
number, subquestion
Level of
completeness
Comments
1.1
2.1
The reported numbers are inconsistent.
2.2
2.3
2.4
3.1
The answer is incomplete: some information on the permitting process is missing.
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
The answer is not entirely complete: ‘other’ is not fully specified.
3.11
3.12
The question is not answered: criteria for ensuring adequate storage capacity are
not specified.
3.13
3.14
3.15
3.16
The answer might be incomplete: for periodical measurements no information on the
location of the sampling points is provided.
3.17
3.18
3.19
3.20
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4.1
4.2
4.3
4.4
4.5
4.6
5.1
5.2
6.1
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Analysis of implementation status
Malta provides a generally very clear and complete overview of the national legislation and legal
provisions in place to ensure compliance with the WI Directive.
No difficulties are reported with interpreting the Directive’s definitions and no amendments are
suggested.
Only one plant falls within the scope of the Directive and was permitted. This plant recovers the heat
generated by the incineration process. The installation is not mobile and is fully dedicated to the
thermal treatment of waste. No co-incineration plants exist in Malta.
Based on the report it can be stated that full compliance with the provisions of the WI Directive
regarding the normal and abnormal operating conditions, ELVs for emissions to air and water,
residues, monitoring, control and measurement requirements and public participation procedures is
ensured by means of the requirements laid down in national legislation and specified in the permit.
In a single case exemptions to the general provisions of the Directive are allowed: after assessing
the risk posed by a specific waste stream, the competent authority may decide not to include a
certain waste type, e.g. infectious clinical waste, in the representative sampling requirement.
Clear procedures have been developed for the protection of soil, surface waters and groundwater,
for recording and submission of the measurement data, for measures to take in case of exceedance
of the emission limits.
Applications for new permits must be made available to the public at the offices of the competent
authority or at any other convenient place as well as through the internet for at least 30 days. All
information contained in the application as well as the final decision is freely accessible.
Provisions for annual reporting are laid down by national legislation and the content of these reports
is specified. The information to be submitted exceeds the requirements of the WI Directive.
However, so far no annual reports have been submitted as the thermal treatment facility is still in the
commissioning phase.
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