European Union (Sulphur Content of Heavy Fuel Oil and Gas Oil) Regulations 2014

• Jurisdiction: Ireland
• Citation: IR SI 273/2014

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 20th June, 2014.

I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by Section 3 of the European Communities Act 1972 (No. 27 of 1972), for the purpose of giving effect to Directive 1999/32/EC1 , as amended, of the European Parliament and of the Council of 26 April 1999, hereby make the following Regulations—

Citation

1. These Regulations may be cited as the European Union (Sulphur Content of Heavy Fuel Oil and Gas Oil) Regulations 2014.

Definitions

2. (1) In these Regulations—

“Agency” means the Environmental Protection Agency established under section 19 of the Environmental Protection Agency Act 1992 (No. 7 of 1992);

“Commission” means the European Commission;

“Directive” means Directive 1999/32/EC of the European Parliament and of the Council relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC of 26 April 1999 as amended by Regulation (EC) No. 1882/20032 , Directive 2005/33/EC3 , Regulation (EC) No. 219/20094 , Directive 2009/30/EC5 and Directive 2012/33/EU6 ;

“Minister” means the Minister for the Environment, Community and Local Government;

“Regulations of 2003” means the Large Combustion Plants Regulations 2003 ( S.I. No. 644 of 2003 ); and

“Regulations of 2012” means the European Union (Large Combustion Plants) Regulations 2012 ( S.I. No. 566 of 2012 ).

(2) A word or expression which is used in these Regulations and which is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.

(3) A reference to an International Standard (ISO) is a reference to a standard published by the International Organisation for Standardisation; and

(4) A reference to a European Standard (EN) is a reference to an EN as adopted by the National Standards Authority of Ireland and published as an I.S. EN.

Purpose and Scope

3. (1) The purpose of these Regulations is to reduce the emissions of sulphur dioxide resulting from the combustion of certain types of liquid fuels and thereby to reduce the harmful effects of such emissions on human health and the environment.

(2) The limitations on the sulphur content of certain petroleum-derived liquid fuels as laid down in these Regulations shall not apply to:

(a) fuels intended for the purposes of research and testing;

(b) fuels intended for processing prior to final combustion; and

(c) fuels to be processed in the refining industry.

Maximum sulphur content of heavy fuel oil

4. (1) A person or operator shall not use heavy fuel oil, the sulphur content of which exceeds 1% by mass.

(2) Until 31 December 2015, subject to appropriate monitoring of emissions by the Agency, paragraph 1 shall not apply to heavy fuel oils used:

(a) in combustion plants that, on 27 November 2003, fell within the scope of the Regulations of 2003 and which comply with the emission limits for sulphur dioxide for such plants under those Regulations;

(b) in combustion plants which fall within the scope of the National Emissions Reduction Plan previously notified to the Commission by the State under the Regulations of 2003 and the monthly average sulphur dioxide emissions of which do not exceed 1,700 mg/NM3 at an oxygen content in the flue gas of 3% by volume on a dry basis;

(c) in combustion plants which do not fall under paragraphs (a) or (b), and the monthly average sulphur dioxide emissions of which do not exceed 1,700 mg/NM3 at an oxygen content in the flue gas of 3% by volume on a dry basis;

(d) for combustion in refineries, where the monthly average of emissions of sulphur dioxide averaged over all combustion plants in the refinery, irrespective of the type of fuel or fuel combination used, but excluding plants which fall under paragraphs (a) and (b), gas turbines and gas engines, do not exceed 1,700 mg/NM3 at an oxygen content in the flue gas of 3% by volume on a dry basis.

(3) As from 1 January 2016, subject to appropriate monitoring of emissions by the Agency, paragraph 1 shall...