Executive Regulation N°165 For Air Quality

The Executive Regulation for Air Quality (“Regulation”), issued in 2020 by Royal Decree, aims to implement the air quality rules, standards, requirements and controls set in the 2020 Environment Law. It notably sets standards for air pollutants by industrial activities (including combustion facilities) as well as standards regarding the emission of volatile organic compounds ("VOCs") into the atmosphere.

Air Pollutants from Industrial Activities

Installations built before September 2005 follow the below standards: 

• SO2: 340 ng/J
• NOx: 86 ng/J (gas fired) // 130 ng/J (oil fired)
• PM: 13 ng/J

Installations set after September 2005 follow the below standards: 

• SO2: 340 ng/J
• NOx: 43 ng/J (gas fired) // 69 ng/J (oil fired)
• PM: 13 ng/J

The above estimates relate to electric utility steam generating units operated on fossil fuel with more than 250 MBTU/h (73 MW) electrical output, but the regulation set granular differences between industrial installations.

Emission of Volatile Organic Compounds

 

Maximum Emission Limits: The Regulation sets out maximum emission limits for the emission of certain pollutants from point sources, including a general limit for sources emitting more than 5 t/yr of non-hazardous organic compounds (equivalent of 80 mg/m3 of toluene) and a limit for fugitive VOC emissions (10,000 part per million by volume). Any person operating a point source must take all necessary precautions to prevent any leakage or emission that would result in a violation of these maximum limits. The Regulation sets out certain exceptions from the limits, including emergency cases and temporary excesses permitted by the National Centre for Environmental Compliance (upon issuance of a permit). 

 

Flaring Requirements: The Regulation sets out certain requirements regarding the operation and maintenance of flare systems for burning VOCs. In particular, the Regulation provides that flare systems for VOCs are only allowed if: (1) in the case of steam or air assisted flares, the net heat value of the burning gas exceeds 11.2 megajoule per standard cubic meter; (2) in the case of non-assisted flares, the net heat value of the burning gas exceeds 7.45 megajoule per standard cubic meter. In addition, the design and operation of flare systems must adhere to certain limits regarding maximum expulsion velocity at the tip. Further, flare operators are required to: install devices to monitor flares, develop a plan to reduce emissions from flares, ensure that visible flare emissions do not exceed 5 minutes for each 2-hour period, and submit a monthly report to the National Centre for Environmental Compliance on the quantities and composition of burnt gas. 

 

Tracking of Fugitive Emissions: Operators must implement systems to detect fugitive organic matter and suspend the release of these emissions. Operators must also develop a plan to handle fugitive emissions, which must be approved by the National Centre and must at a minimum contain the following: method for identifying leakage sources; inventory of material containing VOCs; targets regarding the management, tracking and reduction of fugitive emissions; and periodic maintenance works. 

 

Leak Detection and Repair: For certain activities (e.g., oil refinement and natural gas operations), operators must choose one of two methods for detecting and repairing leaks: (1) EPA Method 21; (2) OGI camera detection. Operators must perform a routine visual examination of equipment to detect any leaks, and document the results of such examinations. All units where the concentration of VOCs exceeds 10% must be tracked. 

 

Storage Requirements: Tanks with a capacity greater than 5 cubic meters must have protection vales and installed vapor recovery systems. 

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