Presented at the ENSEARCH FORUM ON...

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EQ (CLEAN AIR) REGULATIONS 2014 – HOW IS INDUSTRY REACTING?

By:

Presented at the ENSEARCH FORUM ON ENVIRONMENTAL

LEGISLATION 201514 May 2015, Subang Golf Club,

Petaling Jaya, Selangor

Peter Yueh Chuen Ho, Poh Aun Tan

& Mazura Mazlan*

*Respectively, ERE Consulting Group; SOxNOx Asia; TriEcoEdge

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Contents of Presentation

• Highlight some of the inconsistencies and

not so clear provisions of the CAR 2014

• Issues affecting some of the industries in

the country – some case examples

• Some thoughts for addressing some of

the inconsistencies and issues

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Application of Clean Air Regulations 2014

Regulation 3.

These Regulations shall apply to:

a) Any premises used for any industrial or trade purposes, or on which

matter is burnt in connection with any industrial or trade purposes,

including burning of waste, whether or not the premises are prescribed

under section 18 of the Act;

b) Any other premises or process that discharges or is capable of

discharging air pollutants into the open air;

c) Any industrial plant; and

d) Any fuel burning equipment.

Q. What about emissions (fugitive dust) from non-process or non-

industrial or trade activities – eg. earthworks, site clearing?

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Unclear or Vague Aspects of the CAR

Regulation 5 - Written Notification

Obligation to notify

5. (1) An owner or occupier of a premises

shall not, without giving prior written

notification to the Director General

a) carry out any change in operation of

his premises;

b) carry out any work on any premises

that may result in a source of

emission;

c) construct on any land, any building or

premises designed or used for a

purpose that may result in a new

source of emission;

change in operation of his premises – does this

relate to change which can cause a new source or

change which has an impact on an existing

source?

carry out any work on any premises that may

result in a source of emission – in

In according to Reg. 3, this does not include

fugitive emissions associated with non process or

combustion or production?

Any work refers to any form whether civil, plant,

process or otherwise?

Statement is clear with regards to construction of

any form which will result in a new source of

emission.

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Unclear or Vague Aspects of the CAR

Regulation 5 - Written Notification

Obligation to notify

(1) An owner or occupier of a premises

shall not, without giving prior written

notification to the Director General:

d) make, cause, or permit to be made

any change of, to, …emission from an

existing source; or

e) carry out any changes or

modifications to an existing air

pollution control system.

(2) The written notification shall be

submitted to the Director General not less

than thirty days before the commencement

of such work in such form as determined

by the Director General.

(no major issue)

(no major issue)

Notification is - “giving notice of or report (something)

formally or officially”

There is no indication that a formal response will be

given or is required prior to start of work.

As it is silent, the assumption is that the latter is not

needed?

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Regulation 6 - Provision for BAT

APPLICATION OF BEST AVAILABLE TECHNIQUES (BAT)

ECONOMICALLY ACHIEVABLE

Regulation 6.

An owner or occupier of a premises involved in any activity or industry

listed in the First Schedule shall incorporate measures to reduce the

emission of air pollutants to the atmosphere in accordance with the Best

Available Techniques Economically Achievable (BAT) determined by the

Director General.

BAT as defined in the CAR means:

“the effective method in preventing pollution and, where that is not

practicable, generally to reduce emissions into the air from the industrial

activities and their impact on the environment as a whole”.

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First Schedule (Regulation 6 &13)

ACTIVITIES AND INDUSTRIES SUBJECT TO THE BEST AVAILABLE TECHNIQUES (BAT)


1. Fuel burning, including heat and power generation in boilers,

combustion turbines or generators set for combined heat and power

production.

Fuel burning: Heat and power generation in:

Boilers or gas turbines with a total capacity ≥ 10 MW;

Generator sets for combined heat and power production with a total capacity ≥ 3

MW.

2. Production and processing of ferrous metals (iron and steel mills) in all

sizes, including:

(a) metal ore roasting or sintering facilities;

(b) facilities for the production of pig iron or steel (primary or secondary fusion)

including continuous casting; and

(c) facilities for the processing of ferrous metals (hot rolling mills).

3. Ferrous metal foundries with the capacity of ≥ 1 ton molten metal per

day.

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First Schedule (Regulation 6 & 13)

4. Production and processing of non-ferrous metals with the capacity of

• ≥ 0.5 tons per day for lead or cadmium, or

• ≥ 2 tons per day for other metals.

5. Oil and gas industries in all sizes, including refineries, natural gas

processing and storage, storage and handling of petroleum products.

6. Non-metallic (mineral) industry in cement production in all sizes,

including:

(a) manufacture of glass including glass fibre with the capacity of ≥ 1 ton of

product per day; and

(b) manufacture of ceramic products by firing, in particular roofing tiles, ceramic

glass, bricks, refractory bricks, tiles, stoneware or porcelain with the capacity of ≥

10 tons of product per day.

7. All stationary asphalt mixing plants.



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8. Pulp and paper industry, including paper recycling in all sizes.

9. Chemical and petrochemical industry in all sizes, including:

(a) production of inorganic chemicals, including gases (ammonia, chlorine,

hydrogen chloride, sulphur dioxide); acids (hydrofluoric acid, phosphoric acid,

nitric acid, hydrochloric acid, sulphuric acid, oleum), bases, salts and fertilizers

(NPK);

(b) production of organic chemicals, including hydrocarbons, VCM, oxygen-

containing sulphurous, nitrogenous or phosphorous hydrocarbons, basic plastic

material, synthetic rubber, dyes and surface-active agents and surfactants;

(c) production of pharmaceutical products, plant health products and biocides;

and

(d) mixing and packaging of chemicals, pesticides, pharmaceutical products

with the capacity of ≥ 5 tons of product per day



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10. Solvent use in industry:

Facilities for the surface treatment of substances, objects or products using

organic solvents, in particular for dressing, printing, coating, degreasing,

waterproofing, sizing, painting, cleaning or impregnating, fat extraction, with a

solvent consumption capacity of more than 200 tonnes per year.

11. Waste Incinerators in all sizes



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BAT Guidance Documents

Source: Best Available Techniques (BAT) reference

documents – EU IPPC BREFs

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BAT Guidance Documents

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Matching BAT with CAR – A Case Example

Emissions due to Primary Aluminium Production

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Non-Ferrous Metal – Al Smelting

Pot Room

Casthouse

Molten Al Removal

Ingot Casting

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Non-Ferrous Metal – Al Production

Al2O3 + 3C → 2Al + 3CO

2Al2O3 + 3C → 4Al + 3CO2

SO2 emissions – an unintended

product primarily derived from

the S contained in the anode –

(S found in pet coke which is

an ingredient of the anode)

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BAT TECH. GUIDE – PRIMARY ALUMINIUM

BEST AVAILABLE TECHNIQUES GUIDANCE DOCUMENT FOR NON-FERROUS METAL

INDUSTRY – Issued by DOE

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CAR Emission Limits - Third Schedule (Reg.13)

PRODUCTION AND PROCESSING OF NON-FERROUS METALS WITH A CAPACITY ≥ 0.5

TONS PER DAY FOR LEAD OR CADMIUM OR ≥ 2 TONS PER DAY FOR OTHER METALS

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EMISSION LIMITS – PRIMARY AL SMELTING

COMPARISON BETWEEN CLEAN AIR, IFC AND BAT EMISSION LIMITS FOR PRIMARY

ALUMINUM PRODUCTION

ParameterMalaysian

Emission Limit(mg/Nm3)

IFC Guideline Limit

(mg/Nm3)

BAT Guidance Range

(mg/Nm3)Monitoring

Total PM 10 Not specified Continuous

Dust - 1 - 5 1 - 5

HF 1.0 0.5 < 0.2 Periodic

Total Fluoride 1.5 0.8 < 0.5 Periodic

SO2 100 < 50 - 200Control of S content in anode

Continuous

HCl - 5 Not stated

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Emission Limits for Various Processes

Param

eter

Prim

ary A

lum

iniu

mP

rod

uctio

n

Seco

nd

ary A

lum

iniu

m

Pro

du

ction

Sinte

r Plan

t (Fe

rrou

s m

etal)

BF, B

OF, EA

F

Co

ke O

ven

Cu

& Zn

P

rod

uctio

n

Po

we

r(>1

0M

W )

Solid

& Liq

uid

Fu

el

HF 1.0 - - - - -30

(15 if > 100MW)

Total PM 10 10 50 50 10 20 50

Sum SOx 100 - 500 - 800 - 500

NOx - 500 400 - 500 - 500

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Emission Limits for Various Processes

Param

eter

Ce

me

nt K

ilns

Qu

icklime

/ d

olo

mite

sin

terin

g

Glass

furn

ace

Ce

ramic

Furn

aces

Asp

halt

Mixin

g p

lant

Ch

em

ical &P

etroch

em

ical

Waste

in

cine

rator

HF - - - - - - 1

Total PM 50 50 50 50 50 50 100

Sum SOx - - 800 800 - 100 50

NOx 800 1500 800 800 - 700 200

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Case Example 2

Emissions due to Secondary Aluminium Production

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BAT TECH GUIDE – SECONDARY ALUMINIUM

BEST AVAILABLE TECHNIQUES GUIDANCE DOCUMENT FOR SECONDARY

ALUMINIUM MATERIALS PRE-TREATMENT, MELTING & SMELTING

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EMISSION LIMITS – SECONDARY AL SMELTING

COMPARISON BETWEEN CLEAN AIR, IFC AND BAT EMISSION LIMITS FOR

SECONDARY ALUMINUM MELTING & SMELTING

ParameterMalaysian

Emission Limit(mg/Nm3)

IFC Guideline Limit

(mg/Nm3)

BAT Guidance Range

(mg/Nm3)Monitoring

Dust Not stated 1 - 5 1 - 5

Total PM 10 Not stated Not statedContinuous -daily average

Total Organic Carbon

Not stated 5 - 50 < 5 – 50

Dioxins (ng TEQ/Nm3)

0.1 (general) 0.1 – 0.5 < 0.1- 0.05

Chloride Not stated 5 (as HCL) < 5

Total Fluoride Not stated 0.8 < 1

SO2 Not stated < 50 - 200 < 50 - 200

NOx 500 100 - 300 < 100 - 300 Periodic

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Regulation 15 – Best Practicable Means

Regulation 15

Hazardous substances - “Best

Practicable Means (BPM)” to be

used

(1) An owner or occupier of a

premises shall use the best

practicable means to prevent the

emission of hazardous

substances and to render

harmless and inoffensive those

substances necessarily

discharged.

BPM is undefined or explained in the CAR

Is this similar to Best practicable environmental

option (BPEO) applied in the UK?

In the UK, this is suggested a pragmatic

approach for the control of polluting effluents

and emissions, without unduly penalizing the

offending industry.

Based on the concept that the costs of pollution

are at least partially offset by the economic and

social benefits of a viable industry.

BPEO is criticized for permitting release of

polluting substances in volumes greater than

that would have been allowed under an

absolute standard.

Also called best practicable means.

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Regulation 17 – Continuous Emission Monitoring

Regulation 17

(1) In addition to periodic monitoring

under regulation 16, the owner or

occupier of a premise shall carry

out continuous emission

monitoring as specified in the

Second and Third Schedules.

(2) For purposes of continuous

emission monitoring, the

measuring device shall comply

with the specifications as

determined by the Director

General.

Installation of CEMS is a requirement for all

main stacks and is irrespective of the nature of

the emission

Compare:

- emissions due to combustion of natural gas

for heating purposes (boiler),

- emissions from combustion of liquid or solid

fuels (heat for energy),

- process emissions (which may be from

physical , chemical or even biochemical

processes).

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Notification to be made to the DG

Notification in respect of:

Reg. 8 – Failure of operations of

APC System

Reg. 17(6) – CEMS reading

where emission standards

exceed the prescribed limit

values

Reg. 21 – Accidental emissions

at the premises

Notified not later than one (1) hour from the

occurrence of such failure

Not defined type of failure or if this is of

significance

Notify not later than one (1) hour from

occurrence of such failure

Is this with reference to daily average value

over the emission limit within one calendar

year?

Inform the DG of occurrence immediately

upon discovery of the accidental emission

As stated it includes any accidental emission

no matter significant or not

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Unresolved Issues Cause Frustration

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Where do we go?

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Some thoughts…

The CAR requires a review to smooth out those

issues which affect industry – eg. the discrepancy

between limits set for various industry which are

not quite logical

The use of EU or IFC standards is well and good

but is it the right antidote as a blanket requirement

for all industries?

Emission limits need to be more realistic relative

to the need - a classic example is the emissions

from palm oil mills – rural setting, far from

population, important industry to economy

An industry approach with set targets to be

achieved may be given due consideration

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Some thoughts…

A weighted approach to be adopted based on the

level of impact for an area? -

for example, the application of more stringent

limits for areas which already face significant

pollution levels – Klang Valley, Pasir Gudang,

Gebeng; as opposed to areas which are less so.

Requirement for notification to the DG for failures,

accidental events and exceedance of limits –

clarity on when such notifications are relevant.

An economic impact assessment to industry be

undertaken for new legislation that is being

proposed – consistent with the principal of BAT

which is economically achievable?

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Project Planning…is changing

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A refocus…

The Equator Principles focus on the company's capacity to manage

environmental and social risks and opportunities during project

implementation.

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Way forward…

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END

Email: [email protected]

Environmental Quality (Clean Air)

Regulations 2014

- How is the Industry Reacting?

14 May 2015

SOx NOx Asia Sdn Bhd (865 994-K) – Established since July 2009

Air Quality Management Specialist

Outline

• Rain Cap Design

• Stackless Air Pollution Control System

• Air Quality Modelling – A Balancing Act

• Certified Environmental Professional

41SOx NOx Asia Sdn Bhd (865 994-K) – Established since July 2009


Rain Cap Recommended Design



• Annex 9 of the Guidance Document for Fuel Burning

Equipments and Air Pollution Control Systems issued by

DOE Malaysia - Missing

Rain Cap Recommended Design(Continued) – Previous Written Approval Form



Rain Cap – China Hat



Rain Cap Recommended Design(Continued) – Spokane Regional Clean Air Agency



Common Rain Cap Design(Continued) – Malaysia



Rain Cap Design



Who decide the acceptability of new Rain Cap Design?

DOE Malaysia or

Malaysian Professional Engineer (PE) signing off the

Engineering Drawing?

Stackless Air Pollution Control System- Silo Vent Filter



For illustration purposes only

Source: http://www.wamgroup.com

Stackless Air Pollution Control System(Continued) – Silo Vent Filter




Source: http://www.wamgroup.com

Stackless Air Pollution Control System- Mist Eliminator




Source: http://www.aeroex.com

Stackless Air Pollution Control System- Portable Dust Collector




Source: http://www.dustcollector.co.in

Stackless Air Pollution Control System



Is all this system need to be declared under the

Environmental Quality (Clean Air) Regulations,

2014?

Air Quality Modelling – A Balancing Act



Environmental

Quality (Clean Air)

Regulations, 2014

Malaysian Ambient

Air Quality

Standards, 2013

Air

Quality

Modelli

ng


Source: http://creditmanagementassociation.org/

Malaysian Ambient Air Quality Standards,

2013



Pollutant Average Time Unit MAAQG,

1989

IT-1

(2015)

IT-2

(2018)

Standard

(2020)

Particulate matter with size less

than 10 micron (PM10)

1 Year µg/m3 50 50 45 40

24 Hours µg/m3 150 150 120 100

Particulate matter with size less

than 2.5 micron (PM2.5)

1 Year µg/m3 - 35 25 15

24 Hours µg/m3 - 75 50 35

Sulphur dioxide (SO2) 1 Hour µg/m3 350 350 300 250

24 Hours µg/m3 105 105 90 80

Carbon monoxide (CO) 1 Hour mg/m3 35 35 35 30

8 Hours mg/m3 10 10 10 10

Nitrogen dioxide (NO2) 1 Hour µg/m3 320 320 300 280

24 Hours µg/m3 75 75 75 70

Ground-level ozone (O3) 1 Hour µg/m3 200 200 200 180

8 Hours µg/m3 120 120 120 100

A Balancing Act



Industrial

Estate

Buffer Area

Residen

tial Area

Off-site Receptor (Involuntary Risk)

(MAAQS, 2013)

On-site Receptor (Voluntary Risk)

(DOSH ???)

A Balancing Act(Continued)



Source: http://aqicn.org/

Provision of Air Dispersion Modelling



Extracted from Guidance Document for Fuel Burning Equipments and Air Pollution Control

Systems issued by DOE Malaysia

GEP for Stack Height



Wind Flow Short Stack

Taller Stack (Not GEP) Tall Stack (GEP)Note: GEP = Good Engineering Practice

Air Dispersion Modelling



Should be carried out for non-EIA prescribed

activity at known or to be high loading industrial

estate/area as part of the Written Notification

under CAR 2014

– during worst-case meteorological condition

e.g. Perai Industrial Estate,

Nilai Industrial Estate,

Teluk Kalong Industrial Estate,

Gebeng Industrial Estate,

Bukit Rambai Industrial Estate etc.

Air Dispersion Modelling Evolution in

Malaysia



Gaussian Equation (Manual

calculation)

USEPA SCREEN3 &

ISCST3

AERSCREEN &

AERMOD

CALPUFF

AUSPLUME

Modelling Protocol



Is SCREEN3/AERSCREEN

applicable?

Run SCREEN3/AERSCREEN

Maximum Average Incremental Concentration (MAIC)

Add background level (BG)

Is it near or over Level of

Concern (LOC)?

STOP

START

Use refined model

(ISCST/AERMOD)

Is it near or over

LOC?

Use specialized model

(CALPUFF)

No

NoYes

Yes

Yes

No

Comparison Between AERMOD &

CALPUFF



Source: http://www.odotech.com

Example of CALPUFF Output



Example of Wind Field (CALPUFF)



Example of Wind Field (CALPUFF)(Continued)



Course for Certified Environmental

Professional - EiMAS



Industry wish list:

• Incorporated into

vocational education –

creation of pool of

certified environmental

professional;

• Option for more training

centres – e.g. university,

technical institute/college,

vocational school etc.;

• Reduction of course fees

(affordability for SMEs).


Professional – EiMAS (Continued)




Professional – EiMAS (Continued)



Critical for SAMM

accredited laboratory

technician staff

Currently available at

EiMAS

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