Regulations relating to pollution control (Pollution Regulations). This is an unofficial translation of the Norwegian regulation.

Adopted by the Ministry of the Environment on 17 September 2009 under section 9 of the Act of 13 March 1981 No. 6 relating to protection against pollution and to waste (the Pollution Control Act).

Section 27-1. Scope and definitions
This chapter applies to combustion plants and combustion units fired with clean fuels and with a rated thermal input of 1–50 MW. It does not apply to combustion plants that come within the scope of Chapter 7, section 7-4, fourth paragraph, of the Pollution Regulations.

This chapter does not apply on the continental shelf.

The following definitions apply:

Combustion unit: any technical apparatus in which fuels are oxidised in order to use the heat thus generated.

Combustion plant: one or more combustion units operated simultaneously.

Combustion plant size: sum of the rated thermal input of the combustion units making up a combustion plant. Plant size is defined on the basis of the units that are physically connected or operated together at one site.

Normal operations: all periods of operation with the exception of startup and shutdown of the plant.

Existing combustion unit: a combustion unit that was put into operation before the entry into force of this chapter. A combustion unit that is modified to use a different type of fuel is considered to be a new combustion unit, see section 27-5.

New combustion unit: a combustion unit that is put into operation, modified or extended after the entry into force of this chapter.

Clean fuels means oil, coal, biofuels and gas, defined as follows:

- Oil: fossil diesel and fuel oils (light and heavy oils) and liquid biofuels (vegetable and animal oils). Animal oils include fish oil and other clean liquid animal fat.

- Solid biofuels: Solid fuel products from the agricultural and forestry sectors, clean wood waste/wood, waste bark and other clean vegetable waste from agriculture and forestry. Solid biofuels also include clean fibrous vegetable waste from virgin pulp production and from production of paper from pulp, if the waste is co-incinerated at the place of production, see Chapter 10, section 10-2 a, b and c, of the Waste Regulations.

- Wood waste containing contaminants in the form of painted surfaces, impregnating agents, glue, plastics, metals or paper is not considered to be clean fuel. Nor is wood waste that may contain hazardous substances such as PCBs, PAHs, halogens (fluorine, chlorine, bromine, iodine) considered to be clean fuel.

- Gases: biogas and natural gas (dry gas, compressed natural gas (CNG) and liquefied natural gas (LNG)), and liquefied petroleum gas (LPG).  

Section 27-2. Installations that must hold special permits under the Pollution Control Act
Any person that operates an incineration plant with a rated thermal input of more than 50 MW must hold a special permit issued by the pollution control authority under section 11, first paragraph, of the Pollution Control Act, see Chapter 36, Appendix I, of the Pollution Regulations.

Any person that operates an incineration plant and is subject to the duty to surrender allowances under section 4 of the Greenhouse Gas Emission Trading Act must hold a special permit for the emissions of CO2 to which the duty to surrender allowances applies, issued under section 11, second paragraph, of the Pollution Control Act.

If special circumstances so indicate, the pollution control authority may also require combustion plants to which this chapter applies to hold special permits under section 11 of the Pollution Control Act.

Section 27-3. Fuels
Solid biofuels shall be in a form that is technically suitable for the plant. This applies for example to the particle size, calorific value and water content of the fuel. The person responsible for the plant has a duty to ensure that any fuel used is clean.

Section 27-4. Provisions that apply to existing combustion units
Until 31 December 2014, the following provisions apply to existing combustion units, see section 27-10:

a) Emission limit values for pollutants to air during normal operations    

Normalised for dry gas, temperature 273 K, pressure 101.3 kPa and the percentage by volume of O2 (vol % O2) specified in the right-hand column.

NOx shall be measured as the sum of NO and NO2, expressed as NO2 .

The sulphur content of heavy oil is regulated by Chapter 8 of the Pollution Regulations, and the sulphur content of coal shall not exceed 1%. Combustion of coal in combustion units with a rated thermal input of less than 5 MW is not permitted.

Combustion units fired by leftovers from stripping of grain are exempted from the CO emission limit.

§ 27-5. Provisions that apply to new combustion units

a) Control requirements
Oxygen monitoring and control equipment shall be installed in solid biofuel- and coal-fired combustion units and oil-fired combustion units with a rated thermal input exceeding 5 MW.

b) Emission limit values for pollutants to air during normal operations
Normalised for dry gas, temperature 273 K, pressure 101.3 kPa and the percentage by volume of O2 (vol % O2 ) specified in the right-hand column.

Combustion units for wood powder.

NOx shall be measured as the sum of NO and NO2, expressed as NO2 .

The sulphur content of heavy oil is regulated by Chapter 8 of the Pollution Regulations, and the sulphur content of coal shall not exceed 1%.

Combustion of heavy oil and coal in combustion units with a rated thermal input of less than 5 MW is not permitted.

c) Dispersion calculations and stack height for new combustion units
For new combustion plants/units with a rated thermal input of 1 < 5 MW, the stack height shall be determined on the basis of dispersion calculations or other methods based on the volume of emissions, the height, position of air intakes and topography of neighbouring buildings, and distance to them.

Before new combustion plants/units with a rated thermal input of ≥ 5 MW are established, dispersal calculations shall be carried out to determine the height of the point of discharge of the waste gases. The calculations shall be carried out by an independent competent body.

Calculations to determine the height of the point of discharge shall be based on emission volumes, background concentrations and the most unfavourable conditions for dispersion of airborne pollutants that can arise. The height of the discharge point shall be calculated in such a way that the contribution from the combustion plant/unit will not normally exceed 50% of the difference between background values and the action limit values set out in Chapter 7 of the Pollution Regulations.

§ 27-6. Measurement and calculation of emissions to air
a) Oil-fired combustion units:
In the case of combustion units with a rated thermal input of 1-10 MW, measurements of dust and CO emissions shall be carried out once every two years.

In the case of combustion units with a rated thermal input of > 10-50 MW, measurements of dust, NOX and CO shall be carried out once a year

Oxygen monitoring and control equipment shall be installed in oil-fired combustion units with a rated thermal input of 20-50 MW.

For dust emissions, three control measurements shall be made in the course of a six-hour period. The average of these three measurements is taken as the 12-hour mean including variations in operating conditions.

For NOX and CO emissions, the control measurement shall consist of six separate measurements, each with a sample period of 30 minutes. The emission limit values shall be regarded as being complied with if 90% of the measurements are within the hourly mean given above.

b) Solid biofuel- or coal-fired combustion units:
Oxygen monitoring and control equipment shall be installed in the combustion units.

In the case of combustion units with a rated thermal input of 20-50 MW, dust emissions shall be measured and registered continuously.

In the case of existing combustion units with a rated thermal input of 10-50 MW and new combustion units of 5-50 MW, CO and NOX emissions shall be measured and registered continuously.

Quality assurance of continuous measurements shall be carried out once a year.

The following requirements apply to combustion units where continuous measurements are not required:

- In the case of combustion units with a rated thermal input of 1 < 5 MW, three measurements of dust emissions during a six-hour period and six separate  measurements of CO, each with a sample period of 30 minutes, shall be carried out every other year.

- In the case of combustion units with a rated thermal input of 5 < 20 MW, three measurements of dust emissions during a six-hour period shall be made every year. The average of these three measurements is taken as the 12-hour mean including variations in operating conditions.

- In the case of combustion units with a rated thermal input of 5 ≤ 10 MW, six separate measurements of NOX and CO, each with a sample period of 30 minutes, shall be carried out every year. The emission limit values for NOx and CO shall be regarded as being complied with if 90% of the measurements are within the hourly mean given above.

c) Gas-fired combustion units
In the case of combustion units with a rated thermal input of 5-50 MW, measurements of NOX and CO shall be carried out once  a year. The control measurement for NOX and CO shall consist of 10 separate measurements, each with a sample period of 30 minutes. The emission limits shall be regarded as being complied with if 90% of the measurements are within the 30-minute mean given above.

d) General provisions
Measurements of emissions shall be carried out in such a way that they are representative of normal operating conditions. Sampling and analysis shall be carried out in accordance with Norwegian standards (NS) if such standards exist. Another method may be used if it can be documented that it is at least as accurate as a Norwegian standard. Quality assurance procedures shall be in place for sampling and measurement.

No later than one year after this chapter enters into force, a programme of control measurements for emissions to air from the installation shall be implemented as part of the company’s system of internal control. The purpose of these measurements is to document compliance with the requirements.

§ 27-7. Record-keeping
Complete records of the following information on installations shall be kept:

- consumption and type of fuel;

- procedures for management of waste from the combustion process;

- results of control measurements, see section 27-6;

- In the case of oil-fired combustion units, certificates for each delivery of oil specifying the nitrogen (N) and sulphur (S) content, for use as a basis of any calculations of NOX and SOx emissions. 

Records shall be kept for at least five years and shall be made available in the event of control or at the request of the pollution control authority.

§ 27-8. Duty to provide notification
In good time before an installation that come within the scope of this chapter is put into operation or extended, the operator shall send notification to the pollution control authority containing information about the installation.

The notification shall include information on the type of installation that is to be established/modified, its size, the planned operating time and other information that may be relevant.

Documentation that the installation complies with any final plans drawn up under the Planning and Building Act shall be included with the notification.

§ 27-9. Exemptions, supervision, appeals, penal provisions, etc
Exemptions, supervision, appeals, penal provisions, etc are governed by Chapter 41 of the Pollution Regulations. The county governor or the Climate and Pollution Agency will ensure compliance with and may make exemptions from the provisions of this chapter.

§ 27-10. Transitional provisions
For existing installations that that come within the scope of section 27-1 and that  do not currently hold permits under section 11 of the Pollution Control Act, or that hold permits containing less strict requirements than those laid down in this chapter, this chapter comes into force on 1 January 2011.

Requirements in discharge permits that were issued before the entry into force of this chapter and that are stricter than those laid down in this chapter shall continue to apply until the pollution control authority withdraws or alters the permit by means of an individual decision.

From 31 December 2014, all plants shall comply with the requirements that apply to new combustion units.