Commission Decision of 17 December 2008 amending Decision 2007/589/EC as regards the inclusion of monitoring and reporting guidelines for emissions of nitrous oxide (notified under document number C(2008) 8040) (Text with EEA relevance) (2009/73/EC)

A. Annex I is amended as follows:

1.

Section 2 is amended as follows:

(a)

the introductory part is replaced by the following:

‘For the purposes of this Annex and Annexes II to XIII the definitions of Directive 2003/87/EC shall apply.’;

(b)

in paragraph 1, point (g) is replaced by the following:

‘(g)

“tier” means a specific element of a methodology for determining activity data, emission factors, annual emission, annual average hourly emission and oxidation or conversion factors;’;

2.

in Section 3, the second paragraph is replaced by the following:

‘Completeness. Monitoring and reporting for an installation shall cover all process and combustion emissions from all emission sources and source streams belonging to activities listed in Annex I to Directive 2003/87/EC and other relevant activities included pursuant to Article 24 of the Directive and of all greenhouse gases specified in relation to those activities while avoiding double-counting.’;

3.

Section 4.3 is amended as follows:

(a)

point (g) is replaced by the following:

‘(g)

evidence demonstrating compliance with the uncertainty thresholds for activity data and other parameters (where applicable) for the applied tiers for each source stream and/or emission source;’;

(b)

point (m) is replaced by the following:

‘(m)

a description of the procedures for data acquisition, handling activities and control activities as well as a description of the activities (see Section 10.1-3, and Annex XIII, Section 8);’;

4.

Section 6 is amended as follows:

(a)

in Section 6.1, the first paragraph is replaced by the following:

‘As set out in Section 4.2, greenhouse gas emissions may be determined by a measurement-based methodology using continuous emission measurement systems (CEMS) from all or selected emission sources using standardised or accepted methods once the operator has received approval from the competent authority before the reporting period that using a CEMS achieves greater accuracy than the calculation of emissions using the most accurate tier approach. Specific approaches for measurement-based methodologies are laid down in Annexes XII and XIII. Installations applying CEMS as part of their monitoring system are to be notified by Member States to the Commission pursuant to Article 21 of Directive 2003/87/EC.’;

(b)

Section 6.2 is amended as follows:

(i)

the first paragraph is replaced by the following:

‘The highest tier levels pursuant to Annexes XII and XIII shall be used by the operator of an installation for each emission source which is listed in the greenhouse gas emissions permit and for which relevant greenhouse gas emissions are determined by applying CEMS.’;

(ii)

the third paragraph is replaced by the following:

‘For the reporting periods 2008–12 as a minimum Tier 2 in Annex XII for CO₂ emissions and the minimum tiers set out in Annex XIII for N₂O emissions shall be applied unless technically not feasible.’;

(c)

Section 6.3 is amended as follows:

(i)

point (a) is replaced by the following:

‘(a) Sampling rates

Hourly averages (a valid hour of data) shall be computed for all elements of the emission determination (as applicable) — as laid out in Annexes XII and XIII — by using all data points available for that specific hour. In case of equipment being out of control or out of operation for part of the hour, the hourly average shall be calculated pro rata to the remaining data points for that specific hour. In case a valid hour of data cannot be computed for an element of emission determination, as less than 50 % of the maximum number of hourly data points are available, the hour is lost. For each instance where a valid hour of data cannot be computed, values for substitution according to the provisions of this Section shall be calculated.’;

(ii)

the introductory part of the first paragraph of point (c) is replaced by the following:

‘Parallel to emission determination by a measurement-based methodology in accordance with Annexes XII and XIII, annual emissions of each considered GHG shall be determined by calculation based on one of the following options:’;

(iii)

the fourth paragraph of point (c) is replaced by the following:

‘Where comparison with results of the calculation approach clearly indicates that results of the measurement approach are not valid, the operator shall use substitution values as described under this Section (excluding for monitoring in accordance with Annex XIII).’;

5.

in Section 7.2, the introductory part of the first paragraph is replaced by the following:

‘As set out in Section 4.2, an operator can justify the use of measurement-based methodology if it reliably results in a lower uncertainty than the relevant calculation-based methodology (compare Section 4.2) or he is required to use a measurement based method in accordance with Annex XIII. In order to provide this justification to the competent authority, the operator shall report the quantitative results of a more comprehensive uncertainty analysis considering the following sources of uncertainty taking into account EN 14181:’;

6.

in Section 8, the 10th paragraph is replaced by the following:

‘Emissions shall be reported as rounded tonnes of CO₂ or CO_2(e) (for example 1 245 978 tonnes). Activity data, emission factors and oxidation or conversion factors shall be rounded to include only significant digits both for emission calculations and reporting purposes.’;

7.

Section 13.5 is amended as follows:

(a)

the heading is replaced by the following:

‘13.5.REQUIREMENTS FOR DETERMINATION OF FUEL AND MATERIAL PROPERTIES, AND CONTINUOUS EMISSIONS MEASUREMENT’;

(b)

Section 13.5.1 is replaced by the following:

‘13.5.1. USE OF ACCREDITED LABORATORIES

The laboratory (including other service providers) used to determine the emission factor, net calorific value, oxidation factor, carbon content, the biomass fraction, composition data or to carry out calibrations and relevant equipment assessments for CEMS should be accredited according to EN ISO 17025:2005 (General requirements for the competence of testing and calibration laboratories).’.

8.

in Section 14, the following table is added:

‘14.7. N₂O EMISSIONS REPORTING FOR NITRIC ACID, ADIPIC ACID, CAPROLACTAM, GLYOXAL AND GLYOXYLIC ACID PLANTS

Emissions of Annex I activities — nitric acid, adipic acid etc.
Categories	IPCC CRF-Category — Process emissions	IPPC code of EPRTR Category	Monitoring method and tier applied	Tiers changed?Yes/No	Production rate t/year and t/hour	Flue gas flow uncertainty (annual average hourly or total annual)%	N2O concentration uncertainty (annual average hourly or total annual)%	Overall annual emissions uncertainty (if required)%	Annual average hourly emission uncertainty%	Emissiont/yr	Annual average hourly emission(kg/hr)	GWP applied	EmissionstCO2(e) and CO2/yr
Activities
Activity 1
Activity 2
Activity N
Total emissions in tCO2(e) and tCO2 per year’