Environmental charge for emissions of nitrogen oxides

In this presentation a background of the Swedish charge on nitrogen oxides is provided along with a deep dive in the validation measurement equipement and quality assurance in the NOx-charge in relation to CEMS.

According to the Environmental Charge for Emissions of Nitrogen Oxides from Energy Production Act (1990:613), Section 5, “Actors who continually measure and register emissions using measurement tools that meet specific requirements are permitted to calculate the charge based on their measurements”. 

For this reason the Swedish EPA has decided to issue a regulation on using measurement equipment to determine the environmental charge on emissions of nitrogen oxides (NOx) in energy production, identifying the “specific requirements” that must be met for a plant to be permitted to calculate the charge based on its own measurements.

The Swedish EPA’s regulation (NFS 2016:13) on measurement equipment to determine the environmental charge on emissions of nitrogen oxides in energy production (in Swedish)

The Swedish EPA has decided to issue two sets of guidelines for NFS 2016:13. They are intended for:

• facilities subject to the charge 
• air analysis laboratories that perform comparative measurement

In addition to the NFS 2016:13 there are also guidelines on utilised energy intended for companies with facilities that are subject to the charge. These guidelines explain what the Swedish EPA considers to be utilised energy based on the Section 3 of Environmental Charge for Emissions of Nitrogen Oxides from Energy Production Act (1990:613).  

Utilised energy (in Swedish, pdf 119 KB)

Companies operating boilers, gas turbines and stationary combustion engines for electricity and/or heat production with an annual output of at least 25 gigawatt hours are subject to the NOx charge. 

The Act (1990:613) sets out who is subject to the charge and which exemptions apply.

Facilities subject to the charge are to declare the amount of NOx emissions they have generated and how much energy they have produced during the year. The declaration must be submitted no later than 25 January the year after the energy was produced. Swedish EPA officers register and review declarations to ensure that the information provided is reasonable and accurate. If there are any queries or if any information is missing in a declaration the Swedish EPA contacts that facility.

Once all declarations have been reviewed, the NOx emissions are totalled and the total charge is calculated. The Swedish EPA also totals the amount of energy produced. Administrative costs are deduced from the total charge.

The energy credit is then calculated – this is the amount credited to the facilities for the energy they have produced.

The facilities subject to a charge receive a payment order at the beginning of September. Once payment has been received, funds are disbursed to those with low emissions in relation to their energy production.

In order to ensure a fair system, the Swedish EPA conducts an audit every year. One of the criteria is that all facilities use the same methods and produce their data on NOx emissions and utilised energy in the same way. During the audit the Swedish EPA verifies that 

• the facilities visited are taking measurements; 
• calculations are performed correctly;
• the facilities have routines in place to manage any problems.

If any errors are identified, the Swedish EPA may change the charge based on data from the audit. The Swedish EPA mainly performs audits in the autumn and usually on site at the facility.

At least once a year the facilities’ measurement equipment must be checked using a process of comparative measurement. The facility’s measurements are compared with independent measurements produced by an accredited lab.

The Swedish EPA coordinates test comparisons to ensure that accredited labs make correct comparative measurements. The results are used by Swedac which provides accreditation to labs and also supports the actors ordering measurements. 

The NOx administrative process is based on tax laws and, accordingly, changes to charges and energy credits can be applied six years retroactively. Changes can be made at the initiative of both the Swedish EPA and the relevant facilities.

Nitrogen dioxide declarations are submitted via the e-service E-NOx. Declarations must be submitted to the Swedish EPA no later than 25 January. Log in with your username and password. If you have not used the service before, you will need to create an account.

e-service: E-NOx – Declaration of NOx emissions (in Swedish)

The e-service provides the following:

• Registration of new users
• Declaration log in
• Detailed information on how to declare emissions

If you are not satisfied with the energy credit you received you can appeal the decision with the county administrative court. If you intend to file an appeal, you must notify the Swedish EPA within three weeks of the date you received the decision.

If you are not satisfied with the Swedish EPA’s environmental charge decision, you have two options to have the decision changed. You can either ask the Swedish EPA to review the decision or you can appeal the decision with the country administrative court.

More information on this is provided when the decision is issued.