The Emission Waiver is a crucial regulatory instrument used in Hong Kong when facilities require temporary or permanent deviation from standard emission requirements due to technical, operational, or economic constraints. The document is issued under the authority of the Environmental Protection Department and must comply with the Air Pollution Control Ordinance (Cap. 311) and related regulations. An Emission Waiver typically includes detailed technical specifications, alternative compliance measures, monitoring requirements, and reporting obligations. It is particularly relevant in situations involving facility upgrades, temporary technical limitations, or the implementation of innovative emission control technologies. The document ensures that while providing operational flexibility, environmental protection remains a priority through carefully structured alternative control measures and compliance monitoring.
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1. Parties: Identification of the grantor (typically the Environmental Protection Department) and the recipient of the waiver
2. Background: Context of the waiver request, including facility details and current emission circumstances
3. Definitions: Key terms used in the waiver, including technical parameters and regulatory references
4. Scope of Waiver: Specific emissions or requirements being waived, including precise parameters and limitations
5. Duration: Period for which the waiver is valid, including start and end dates
6. Conditions Precedent: Conditions that must be met before the waiver becomes effective
7. Compliance Requirements: Ongoing obligations and alternative compliance measures during the waiver period
8. Monitoring and Reporting: Requirements for emission monitoring and reporting during the waiver period
9. Modification and Termination: Circumstances under which the waiver may be modified or terminated
10. Governing Law and Jurisdiction: Confirmation of Hong Kong law governance and jurisdiction
1. Emergency Protocols: Required for waivers involving potential emergency situations or upset conditions
2. Alternative Technology Implementation: Included when the waiver is contingent on implementing alternative emission control technologies
3. Public Notice Requirements: Required when public notification of the waiver is necessary
4. Special Operating Conditions: Included when specific operational restrictions apply during the waiver period
5. Financial Security: Required when financial guarantees or bonds must be posted
6. Stakeholder Consultation: Included when the waiver requires consultation with affected parties or communities
1. Schedule 1: Technical Specifications: Detailed technical parameters of the emissions being waived, including measurement methods and threshold values
2. Schedule 2: Monitoring Requirements: Specific requirements for monitoring equipment, frequency of monitoring, and calibration requirements
3. Schedule 3: Reporting Ƶ: Standard forms and templates for required periodic reporting
4. Schedule 4: Site Plans: Facility layout and emission point locations
5. Appendix A: Compliance History: Historical compliance record and previous relevant waivers
6. Appendix B: Alternative Compliance Measures: Detailed description of alternative compliance measures to be implemented during the waiver period
7. Appendix C: Risk Assessment: Assessment of environmental and health risks associated with the waiver
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