Emissions are among the most visible environmental impacts of industrial facilities and among the first things examined in the environmental permit, inspections and audits. The Implementing Regulation for Air Quality of the Environment Law goes well beyond general limits: it specifies who must install continuous monitoring, who must measure their stacks annually, when the first measurements are due, how long records are kept and what must be reported immediately. This article summarizes an industrial facility's obligations under the text of the regulation.
Common emission sources at facilities
- Stacks: from furnaces, boilers and incinerators.
- Dust: from grinding, crushing, mixing, conveying and open storage.
- Volatile organic vapors: from paints, solvents, chemical processes and storage tanks.
- Combustion equipment: generators and fuel-driven pumps.
Standards: what may not be exceeded
The regulation prohibits exceeding the emission standards for stationary sources: the general standards in Annex 3 and the sector-specific standards by industrial activity in Annex 4, with the specific standards applying where a pollutant is listed there. It also requires operators of stationary sources to maintain machinery, equipment and pollution control systems regularly and take all precautions to prevent any leak or emission that exceeds the standards.
Continuous monitoring or annual measurement?
| Case | Obligation under the regulation |
|---|---|
| Stationary sources listed in Annex 5 | Install NCEC-approved continuous emission monitoring (CEMS, or PEMS with NCEC approval), submit operating procedures within 90 days of installation, and have systems audited periodically by a licensed provider |
| Stationary sources not under continuous monitoring | Annual measurements and analyses on all stacks for the basic pollutants, through an NCEC-licensed provider |
| Initial measurements | On all stacks within 120 days of the facility's establishment or 40 days of reaching the target production rate, whichever comes first |
| Major sources not under continuous monitoring | Notify NCEC 30 working days before measurements, and submit the results report within 40 working days |
NCEC may require continuous monitoring from sources not listed in the annex based on study results, and may request additional measurements. Where a source has several stacks, each is measured separately; with NCEC approval the number measured may be reduced if the stacks are identical in design, emission type, sources and operating periods.
When is a facility a "major source"?
The regulation classifies a facility or part of it as a major source if, without emission controls, it has the potential to emit more than 100 tonnes per year of carbon monoxide, nitrogen oxides, sulfur dioxide, particulate matter or lead; more than 10 tonnes per year of any hazardous organic air pollutant in Annex 7, or 25 tonnes of a combination; or if it burns hazardous materials or waste.
What must be reported immediately
The regulation requires everyone to notify the National Center for Environmental Compliance (NCEC) immediately of emergencies, start-ups or temporary shutdowns that may exceed emission standards. NCEC may act if an exceedance continues beyond six hours. Where an exceedance is expected for a period for technical reasons, the regulation allows a temporary exemption permit application with a technical study and a plan to return to compliance; NCEC decides within 15 working days, extendable by 5.
Records: at least five years
Operators of stationary sources keep all records of start-ups, shutdowns, malfunctions, performance tests, audits, calibration and maintenance of sources and monitoring systems for at least five years and provide them on request. Each measurement record includes date, time, location, the provider that carried it out, instrument types and serial numbers, and measurement conditions such as wind, temperature and humidity.
Dust and fugitive material
Article 7 requires anyone excavating, building, demolishing or transporting waste, or transporting, loading or unloading materials or soil, to cover or stabilize airborne-prone materials by spraying or enclosure, use vehicles equipped to prevent dust, and stabilize haul routes on site. These requirements directly affect concrete plants, crushers, feed mills and construction sites.
Stack design
The regulation requires stack design to consider emission characteristics, height above ground, the height of surrounding buildings, internal and external diameters, construction material, emission volume, velocity and temperature, and prevailing wind, following the latest US EPA stack design guidance, with regular stack maintenance.
Frequently Asked Questions about Emissions and Air Quality
Is every facility required to measure emissions?
Operators of stationary sources such as stacks must either monitor continuously, if listed in Annex 5, or measure their stacks annually, in addition to what the facility's permit requires.
Who carries out emission measurements?
An NCEC-licensed service provider, using the sampling and analysis methods set by the regulation.
When should a new factory carry out its first measurement?
Within 120 days of establishment or 40 days of reaching the target production rate, whichever comes first.
What if results exceed the standards?
Identify the cause and repair the control systems, notify NCEC immediately in emergencies, and re-measure to verify. If the exceedance is expected for technical reasons, the temporary exemption permit with a compliance plan is available.
How Abak Green helps
We identify your facility's emission sources and what the regulation and your permit require, coordinate measurements through licensed providers and review the results, organize operation and maintenance records, and feed the results into your compliance reports. Contact us about your facility's emissions.
