GBR No. 11

Environmental Conditions

Chemicals, Fuels and Gases Group

ERAregulates the environmental impact of enterprises through two key mechanisms. Smaller scale activities are regulated through a set of General Binding Rules (GBRs) which apply to all enterprises within a common group (e.g. Chemicals, Fuels and Gases Group). Larger scale activities are regulated through an Environmental Permit issued on an individual basis by ERA. Certain enterprises of limited environmental significance (e.g. insurance companies) are exempt from control through a GBR or Permit.

The environmental conditions set out in this General Binding Rule (GBR)are aimed at improving the environmental performance of small scale enterprises involved in the storage and wholesaling of fuels and chemicals and in the preparation of chemical based products such as paints, soaps, perfumes etc.

GBR Conditions and Permits

Activities of the classes of enterprises in List 1 (see last page) are subject to regulation by either a Permit or this GBRare subject to regulation by either an Environmental Permit or this GBR.

An Environmental Permit for operation of the establishment must be obtained from ERAin respect of:

oAny premises with a discharge to sea, surface water or land;

oAny activities comprising the use of VOC solvents used in the manufacture of chemicals and chemical products exceeding solvent consumption thresholds as per Annex 1(A) of Guidance Note No. 11.

oAny enterprises involved in the wholesale of chemical products (NACE code 46.75)with a storage capacity greater than 500 tonnes.

oAny manufacturing of the following chemical, chemical products and man made fibres except when the activity consists only of mixing with water:

  • Manufacture of industrial gases (NACE class 20.11)
  • Manufacture of dyes and pigments (NACE class 20.12)
  • Manufacture of other inorganic basic chemicals (NACE class 20.13)
  • Manufacture of other organic basic chemicals (NACE class 20.14)
  • Manufacture of fertilisers and nitrogen compounds (NACE class 20.15)
  • Manufacture of plastics in primary forms (NACE class 20.16)
  • Manufacture of synthetic rubber in primary forms (NACE class 20.17)
  • Manufacture of pesticides and other agrochemical products (NACE class 20.20)
  • Manufacture of paints, varnishes and similar coatings, printing ink and mastics (NACE class 20.30)
  • Manufacture of soap and detergents, cleaning and polishing preparations (NACE class 20.41)
  • Manufacture of perfumes and toilet preparations (NACE class 20.42)
  • Manufacture of other chemical products (NACE class 20.5)
  • Manufacture of glues (NACE class 20.52)
  • Manufacture of essential oils (NACE class 20.53)
  • Manufacture of man-made fibres (NACE class 20.60)

oAny manufacturing of basic pharmaceutical products and pharmaceutical preparations (NACE class 21*) except where only repackaging of tablets or capsules is carried out.

The Environmental Conditions in this GBR:

  • Apply immediately on start-up of operations by new enterprises;
  • Apply to an existing enterprise from 6 months after first notification of the GBR;
  • Do not override the requirements of any other legislation, including any possible need for development consent;
  • Will be enforced through ERAinspections and penalties;
  • Apply until such time as they may be superseded for individual enterprises by the requirements of an Environmental Permit, other legal requirements or the amendment of this GBR.

Operators have an obligation to understand and implement the requirements of the GBR. An explanation of these conditions and practical advice on their implementation is given in the ERAGuidance Note No. 11.

1. General Requirements

1.1.All businesses have a duty of care to protect the environment. The operator shall become familiar with his/herlegal obligations and good environmental practice.

1.2.Staff shall be made aware of the importance of environmental protection and receive appropriate training as specified in the Guidance Note.

1.3.The site shall be maintained in a tidy condition, free from litter and waste (whether arising from own activities or external sources).

1.4.The site must be well secured to minimise the opportunity for unauthorised entry.

1.5.An Emergency Response Plan shall be prepared containing details of the nature and quantity of chemicals/oils stored, any special hazards, plans and sectionsshowing location of drains, reservoirs for fire water etc. and the emergency phone number of the Operator. The emergency phone number should be displayed publicly at the site.

1.6.Any significant incident (including accidental release of liquid, solid or gaseous materials from the site that could cause environmental damage) shall be reported within 24 hours to ERAand the Civil Protection Department.

1.7.In the event of cessation of business activity on the site, all wastes (including end-of-life or abandoned machinery, tanks and equipment) and hazardous materials must be removed from the site.

1.8.If requested by the Authority applicant shall provide annual consumption of solvents and other solvent containing products in order to confirm the applicability of obligations under L.N. 349 of 2010 (or as amended in subsequent legislation). A list of these solvents together with MSDS must also be provided.

2. Waste Management

2.1.All operations concerning the management of waste are subject to the legal provisions of Legal Notice 184 of 2011 as amended and Legal Notice 106 Waste Management (Activity Registration) Regulations, 2007;

2.2.Wastes should preferably be collected for recycling/re-use.When practical, recyclable wastes should be segregated to facilitate recycling.

2.3.All wastes shall be stored within a designated and controlled storage area(s) prior to ultimate disposal; wastes to be recycled shall be stored in a designated container or area and not mixed with other wastes.

2.4.The storage of Hazardous Waste shall comply with the requirements of the Waste Management (Activity Registration) Regulations, 2007 (LN 106 of 2007).

2.5.The storage period for hazardous waste shall not exceed 12 months.

2.6.No storage of waste (other than own-site inert waste) is permitted for a period exceeding 12 months.

2.7.Liquid and hazardous wastes shall be stored in a labelled, closed container(s) within a designated and controlled storage area(s) prior to ultimate disposal. Wastes of different natures shall not be mixed in the same container.

2.8.Reject, spilled or out of date chemicals should be returned to original suppliers, wherever feasible.

2.9.Producers of packaging shall register with ERAand provide the required information, as well as achieve the targets set out in the relevant legislation. Documentation as evidence of such should be maintained for a period of 3 years and be made available upon request by ERA.

2.10.Packaging and containers containing significant residual quantities of chemicals shall be regarded as hazardous waste and shall be handled and treated accordingly.

2.11.The storage of waste on garrigue orany other natural or semi-natural land is prohibited.

2.12.On-site disposal of wastes by any means including burning, disposal to drain or surface water, burying or deposition on land is prohibited, unless specifically approved by a permit from ERA or the Water Services Corporation (WSC). Biodegradable waste, such as food or garden waste may be composted for onsite applications. Volume must not exceed 25 cubic meters at any one time.

2.13.The transport of waste off-site should be by means of a waste carrier authorised for that waste.

2.14.Movement of hazardous waste to authorised facilities shall be covered by a valid consignment permit obtainable from ERA. Each movement shall also be covered by a consignment note obtainable from ERA.

2.15.Shipment of hazardous waste abroad is to follow the obligations listed in Council Regulation (EC) 1013/2006 of the European Parliament and of The Council of 14 June 2006 on shipments of waste.

2.16.Off-site disposal or recycling of wastes may only take place at a facility licensed for that purpose (e.g. only inert waste may be disposed of at a landfill licensed for inert waste).

2.17.Records shall be maintained for the disposal of all hazardous waste, including quantities, dates, contractor name and manner of disposal. The records should be maintained for a period of 2 years and be made available, upon request by ERA.

3. Emissions to Atmosphere

3.1.All processes which generate significant levels of airborne contaminants (such as dusts, toxic gases, odorous chemicals) shall have effective local collection and shall discharge (after treatment where necessary) through a stack or vent located/designed in such a way as to avoid local nuisance (see definition in Guidance Note).

3.2.Diesel (gas oil) used for generators and boilers shall have a sulphur content not greater than 0.1%..

3.3.Under abnormal operating conditions such as in the case of breakdown, the Operator shall reduce or close operations immediately until normal operation can be restored.

3.4.Exhaust gases from oil or solid fuel boilers/generators, shall vent through stacks 3 metres above roof level and 3 metres above any habitable floor within a 25 metre radius as per provisions of LN 478 of 2010, Ambient Air Quality Regulations, 2010, or as quoted in subsequent amendments.

3.5.Minor exhausts, such as wall grills, should normally discharge above head height and be directed upwards.

3.6.The exhaust from general building ventilation (e.g. extractors or fans in walls or roofs) shall be vented in such a way as to avoid local nuisance..

3.7.For those activities where it can be shown to the satisfaction of MEPA that the above venting requirements are not practical, sensible or necessary, stacks and vents shall be located and designed so as to minimise local nuisance in accordance with policies issued by the Planning directorate.

3.8.In the event of a local nuisance from emissions to air, the operator must, at the written request of ERAand within 30 working days, identify the specific cause of the nuisance and examine means for its elimination or minimisation including:

  • Relocating/redesigning the stack(s) or vent(s) to a point where nuisance is minimised;
  • Replacement of fuel by lower sulphur content or cleaner burning fuel;
  • Preventative measures such as replacement of process materials (e.g. odorous solvents) by more environmentally sensitive compounds;
  • Improved storage of materials;
  • Use of additional abatement measures.

3.9.All abatement equipment and ducting shall be cleaned and maintained according to manufacturer product specifications in a way so as to ensure proper functioning of the equipment. This is to be carried out on a regular basis and records kept of any such maintenance.

3.10.The Operator shall prevent or where that is not practicable reduce fugitive emissions of substances to air from the installation.

Guidance Note No. 11 contains further information on this matter.

4. Effluent Discharge

4.1.No discharges to surface water or groundwater shall take place at the installation.

4.2.Rainwater shall not be discharged into the sewer. Foul sewer drains must be strictly segregated from stormwater drains. The operator shall endeavour to collect rainwater in a suitable reservoir or cistern.

4.3.The discharge of any type of effluent to land, stormwater drains or sea is prohibited, unless specifically approved under a permit issued by ERA.

4.4.All discharges to the foul sewer (other than from domestic sewage or equivalent) shall comply with the requirements of a license issued by the Water Services Corporation.Process effluents shall not be diluted prior to discharge to sewer.

4.5.The Operator shall provide a full description of its effluent characteristics when applying for a WSC permit.

4.6.Where requested by the WSC, effluent shall pass through a balancing tank to facilitate monitoring of the effluent.

4.7.Stormwater from areas where contamination by oil orchemicals is likely (such as loading/unloading and bunded areas) shall pass through an adequately sized interceptor.

4.8.The Operator shall undertake all necessary measures and precautions to prevent spillage of raw materials, intermediates, products, waste and any other materials.

4.9.All process and storage areas must be appropriately contained. Any accidental release of substances shall be duly treated prior to discharge into the sewers, or disposed/recovered to the satisfaction of the Authority if treatment does not enable compliance with emission limit values in the Sewer Discharge Permit.

4.10.All reasonable measures to minimise wastage of water should be implemented. Techniques to be employed include regular monitoring of water usage, identification of sources of high water usage, use of triggers on hoses and water efficient taps and appliances.

5. Storage

5.1.No storage of waste, equipment or materials is permitted on property outside the site premises.

5.2.Non-hazardous waste awaiting collection may be placed outside the site premises for a period not exceeding 12 hours.

5.3.Hazardous waste awaiting collection shall never be left unattended or placed outside the site premises and should be disposed of in sites permitted by ERA to receive such waste.

5.4.All bulk oil storage tanks shall be provided with an adequately designed bund system with an impermeable base and walls. The capacity of the bund shall be a minimum of 110% of the largest tank within the bund or 25% of the total volume of all the tanks within the bund, whichever is greater.All filling and off-take points shall be located within the bund.

5.5.The construction of fuel tanks shall comply with relevant MRA standards.

5.6.Containers for bulk storage of liquids shall be properly designed, located, labelled, bunded and maintained so as to prevent accidental spillage. Incompatible chemicals shall not be stored within the same bund.

5.7.Bulk storage tanks for liquids and associated bunding and pipe work shall be visually inspected at least once a month and certified by a warranted engineer on an annual basis.Records for such inspections should be kept for a minimum period of two years and should be made available upon request by ERA.

5.8.All storage of materials or waste shall take place only in locations where thorough clean-up and site reinstatement can be readily undertaken.

5.9.Drums and containers of paints, solvents, chemicals, oils, etc. shall be stored in designated and secure storage areas. Storage areas shall be bunded or otherwise designed so that surface and ground waters cannot be contaminated by spillages.

5.10.Spillages of oil or other hazardous material shall receive immediate attention to prevent escape to drain, surface water or land. Spilled material shall be disposed of in sites permitted by ERAto accept such waste.

5.11.The integrity of any underground storage tanks shall be examined by a qualified person at least every 5 years unless otherwise specified by ERA. Records of the examination shall be retained for inspection by ERA.

5.12.The construction of new underground tanks for storage of oils and chemicals is prohibited unless specifically approved by ERA.

5.13.The storage of flammable, toxic and hazardous substances should correspond to manufacturer specifications and MSDS sheets instructions.

GBR No. 11

List 1

NACE Divisions and classes of the Chemicals, Fuels and Gases Group

19 Manufacture of coke and refined petroleum products

19.20 Manufacture of refined petroleum products

20 Manufacture of chemicals and chemical products

20.11 Manufacture of industrial gases

20.12 Manufacture of dyes and pigments

20.13 Manufacture of other inorganic basic chemicals

20.14 Manufacture of other organic basic chemicals

20.15 Manufacture of fertilisers and nitrogen compounds

20.16 Manufacture of plastics in primary forms

20.17 Manufacture of synthetic rubber in primary forms

20.20 Manufacture of pesticides and other agrochemical products

20.30 Manufacture of paints, varnishes and similar coatings, printing ink and mastics

20.41 Manufacture of soap and detergents, cleaning and polishing preparations

20.42 Manufacture of perfumes and toilet preparations

20.5 Manufacture of other chemical products

20.52 Manufacture of glues

20.53 Manufacture of essential oils

20.60 Manufacture of man-made fibres

21 Manufacture of basic pharmaceutical products and pharmaceutical preparations

21.10 Manufacture of basic pharmaceutical products

21.20 Manufacture of pharmaceutical preparations

46.75 Wholesale of chemical products

46.71 Wholesale of solid, liquid and gaseous fuels and related products

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