Laid down pursuant to section 9 of Act no. 6 of 13 March 1981 concerning protection against pollution and concerning waste (the Pollution Control Act). Cf. EEA agreement appendix II, chapter XVII, no. 1 (Directive 75/716/EEC, revised in Directive 87/219/EEC) and no. 6 (Directive 93/12/EC, revised in Directive 1999/32/EC).
I. Introductory provisions
8-1. Purpose and scope
The purpose of the provisions in this chapter is to limit pollutant discharge as a result of the combustion of liquid fuel and marine gas oil. The provisions apply to the combustion of such oil.
The provisions in this chapter do not apply to the combustion of marine gas oil in sea vessels that cross a border between a country covered by the EEA agreement and a third country.
Heavy fuel oil: any petroleum-derived liquid fuel where less than 65% of the volume (including losses) distils at 250° C by the ASTM D86 method or other corresponding standard if ASTM D86 cannot be used.
Gas oil: any petroleum-derived liquid fuel and marine fuel where at least 85% of the volume (including losses) distils at 350 °C by the ASTM D86 method or other corresponding standard if ASTM D86 cannot be used. In this chapter, gas oil is used as an umbrella term for light liquid fuel and marine gas oil, but does not include diesel fuel for use in motor vehicles, machines that do not use roads and agricultural tractors.
Marine gas oil: fuels intended for marine use, and which meet the definition of gas oil.
II. Sulphur content of certain liquid fuels
8-3. Sulphur content of heavy fuel oil
Heavy fuel oil that is combusted in combustion plants without flue gas cleaning shall not exceed 1.00 per cent sulphur by weight.
8-4. Sulphur content of gas oil
Gas oil that is combusted in plants without flue gas cleaning or that is used as fuel on sea vessels that operate between ports in the EEA area shall not exceed 0.10 per cent sulphur by weight. However, the use of gas oil with maximum 0.20 per cent sulphur by weight shall be permitted until 31 December 2007.
III. Discharge permit
8-5. Special regulations for Oslo and Drammen
The combustion of heavy fuel oil is not permitted in Oslo or Drammen. On application, the competent authority may issue a permit to combust heavy fuel oil with a maximum of 1.00 per cent sulphur by weight, pursuant to section 11 of the Pollution Control Act.
8-6. Activities requiring a discharge permit
Any activity with a boiler capacity exceeding 500 kg oil per hour and activities with a boiler capacity less than 500 kg oil per hour, but with a discharge of more than 10 kg SO2 per hour must have a permit from the competent authority if the plant is established after 8 October 2001, pursuant to section 11 of the Pollution Control Act. The same applies to activities that use liquid fuel with a higher sulphur content than permitted pursuant to sections 8-3 and 8-4.
8-7. Duty to report
The obligation to report to the competent authority applies to
activities as mentioned in section 8-6 that discharge 6–10 kg SO2 per hour,
existing activities that expand their capacity by more than 20%,
existing activities where the type of liquid fuel is changed, or other changes are made at the plant, resulting in an increased risk of pollution.
The activity may begin or continue its activity unless the competent authority determines otherwise within 5 weeks of receiving the report. Based on the report, the competent authority may order the activity to apply for a permit, pursuant to section 11 of the Pollution Control Act.
8-8. Activities with a discharge permit
The provisions in subchapter II Sulphur content of certain liquid fuels govern activities that already hold a discharge permit pursuant to the Pollution Control Act as at 8 October 2001, and which are not subject to section 8-7, points 2 and 3, to the extent that the permit does not include stricter conditions. .
IV. Concluding provisions
The owners of combustion plants are responsible for the provisions in this chapter being complied with.
8-10. Competent authority
The County Governor is the competent authority pursuant to this chapter, and shall ensure compliance with the provisions for combustion plants with an installed nominal thermal effect less than. than 50 MW. The Environment Agency is the competent authority for all other combustion plants.