SCHEDULES
Regulation 2
SCHEDULE 1N.I.ACTIVITIES, INSTALLATIONS AND MOBILE PLANT
PART 1N.I.ACTIVITIES
CHAPTER 1N.I.ENERGY INDUSTRIES
SECTION 1.1N.I.COMBUSTION ACTIVITIES
Part A
(a)Burning any fuel in an appliance with a rated thermal input of 50 megawatts or more.
Interpretation of Part A
1. Where two or more appliances with an aggregate rated thermal input of 50 megawatts or more are operated on the same site by the same operator those appliances shall be treated as a single appliance with a rated thermal input of 50 megawatts or more.U.K.
Part B
Nil.
Part C
(a)Unless falling within Part A of this section, burning any fuel, in a boiler or furnace or a gas turbine or compression ignition engine with, in the case of any of these appliances, a net rated thermal input of 20 megawatts or more but less than a rated thermal input of 50 megawatts.
[(b)Unless falling within head (a) of this Part, burning any fuel or fuels in a medium combustion plant with a net rated thermal input of 1 megawatt or more but less than a rated thermal input of 20 megawatts.
(c)Unless falling within another head in this part, the operation of a specified generator.]
[(b)Unless falling within Part A of this section, or head (a) of this Part, burning any fuel or fuels in a combination of boilers, furnaces, turbines or compression ignition engines on the same site which, when added together, have a net rated thermal input of 20 megawatts or more but less than a rated thermal input of 50 megawatts.]
Interpretation of Part C
1. Nothing in this Part applies to any activity falling within Part A of section 5.1.U.K.
[2. Head (b) of this Part shall only apply to installations to which Article 14(5) of the Energy Efficiency Directive applies.]N.I.
SECTION 1.2N.I.GASIFICATION, LIQUEFACTION AND REFINING ACTIVITIES
Part A
(a)Refining gas.
(b)Operating coke ovens.
(c)Gasification or liquefaction of—
(i)coal; or
(ii)other fuels in installations with a total rated thermal input of 20 megawatts or more.
(d)Refining mineral oils.
(e)The loading, unloading or other handling of, the storage of, or the physical, chemical or thermal treatment of—
(i)crude oil; or
(ii)stabilised crude petroleum;
(f)Activities involving the pyrolysis, carbonisation, distillation, liquefaction, gasification, partial oxidation or other heat treatment of coal (other than the drying of coal), lignite, oil, other carbonaceous material or mixtures thereof otherwise than with a view to making charcoal.
Interpretation of Part A
1. Head (f) does not include—U.K.
(a)the incineration or pyrolysis of any substance as a waste;
(b)any activity for the treatment of sewage or sewage sludge;
(c)the anaerobic digestion of biodegradable material, none of which is waste; or
(d)the anaerobic digestion of biodegradable waste in an installation with a waste treatment capacity not exceeding 100 tonnes per day.
2. In head (f), the heat treatment of oil, other than distillation, does not include the heat treatment of waste oil or waste emulsions containing oil in order to recover the oil from aqueous emulsions.U.K.
Part B
(a)Blending odorant for use with natural gas or liquefied petroleum gas.
(b)The storage of petrol in stationary storage tanks at a terminal, or the loading or unloading of petrol into or from road tankers, rail tankers or inland waterway vessels at a terminal, where the total quantity of petrol loaded from the stationary storage tanks into road tankers, rail tankers or inland waterway vessels in any 12 month period is likely to be equal to or greater than 10,000 tonnes.
Part C
(a)The storage of petrol in stationary storage tanks at a terminal, or the loading or unloading of petrol into or from road tankers, rail tankers or inland waterway vessels at a terminal where the total quantity of petrol loaded from the stationary storage tanks into road tankers, rail tankers or inland waterway vessels in any 12 month period is likely to be less than 10,000 tonnes.
(b)The unloading of petrol into stationary storage tanks at a service station, if the total quantity of petrol unloaded into such tanks at the service station in any period of 12 months is likely to be 500m3or more.
(c)Motor vehicle refuelling activities at an existing service station after the listed date.
(d)Motor vehicle refuelling activities at a new service station, if the petrol refuelling throughput at that service station in any 12 month period is, or is intended to be, greater than 500 m3.
(e)Motor vehicle refuelling activities at a new service station if the petrol refuelling throughput at that service station in any 12 month period is, or is likely to be, greater than 100 m3 and it is situated under permanent living quarters or working areas.
(f)Any existing service station which undergoes a major refurbishment must be treated as a new service station.
Interpretation of Part C
1. In this Part—U.K.
“existing service station” means a service station—
(a)
which is put into operation; or
(b)
for which planning permission under the Planning (Northern Ireland) Order 1991 was granted,
before 31st December 2009;
“inland waterway vessel” means a vessel, other than a sea-going vessel, having a total dead weight of 15 tonnes or more;
“new service station” means, in relation to service stations mentioned in [paragraph (d)] , those which are put into operation on or after 1st January 2010 and, in relation to service stations mentioned in paragraph (e), those which are put into operation on or after 1st January 2012;
“petrol” means any petroleum derivative (other than liquefied petroleum gas), with or without additives, having a Reid vapour pressure of 27.6 kilopascals or more which is intended for use as a fuel for motor vehicles;
“listed date” means 1st January 2012 if the throughput is greater than 3500m3 and 31st December 2018 if the throughput is greater than 3000m3
“service station” means any premises where petrol is dispensed to motor vehicle fuel tanks from stationary storage tanks but shall not include any service station exclusively used in association with the construction and delivery of new motor vehicles;
“terminal” means any premises which are used for the storage and loading of petrol into road tankers, rail tankers or inland waterway vessels.
2. Any other expressions used in this Part which are also used in Directive 94/63/EC() of 20 December 1994 on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations [as last amended by Council Regulation (EC) No.1137/2008] have the same meaning as in that Directive.U.K.
CHAPTER 2N.I.PRODUCTION AND PROCESSING OF METALS
SECTION 2.1N.I.FERROUS METALS
Part A
(a)Roasting or sintering metal ore, including sulphide ore, or any mixture of iron ore with or without other materials.
(b)Producing, melting or refining iron or steel or any ferrous alloy, including continuous casting, except where the only furnaces used are—
(i)electric arc furnaces with a designed holding capacity of less than 7 tonnes; or
(ii)cupola, crucible, reverbatory, rotary, induction, vacuum, electro-slag or resistance furnaces.
(c)Processing ferrous metals and their alloys by using hot-rolling mills with a production capacity of more than 20 tonnes of crude steel per hour.
(d)Loading, unloading or otherwise handling or storing more than 500,000 tonnes in total, in any period of 12 months of iron ore, except in the course of mining operations, or burnt pyrites.
(e)Producing pig iron or steel, including continuous casting, in a plant with a production capacity of more than 2.5 tonnes per hour unless falling within paragraph (b).
(f)Operating hammers in a forge, the energy of which is more than 50 kilojoules per hammer, where the calorific power used is more than 20 megawatts.
(g)Applying protective fused metal coatings with an input of more than 2 tonnes of crude steel per hour.
(h)Casting ferrous metal at a foundry with a production capacity of more than 20 tonnes per day.
Part B
(a)Casting iron, steel or any ferrous alloy from deliveries of 50 tonnes or more of molten metal, unless falling within Part A of this section.
Part C
(a)Producing pig iron or steel, including continuous casting, in a plant with a production capacity of 2.5 tonnes or less per hour, unless falling within paragraph (b) of Part A of this section.
(b)Producing, melting or refining iron or steel or any ferrous alloy (other than producing pig iron or steel, including continuous casting) using—
(i)one or more electric arc furnaces, none of which has a designed holding capacity of 7 tonnes or more; or
(ii)a cupola, crucible, reverberatory, rotary, induction, electro-slag or resistance furnace,
unless falling within paragraph (e) or (h) of Part A of this section.
(c)Desulphurising iron, steel or any ferrous alloy.
(d)Heating iron, steel or any ferrous alloy (whether in a furnace or other appliance) to remove grease, oil or any other non-metallic contaminant (including such operations as the removal by heat of plastic or rubber covering from scrap cable) unless—
(i)it is carried out in one or more furnaces or other appliances the primary combustion chambers of which have in aggregate a rated thermal input of less than 0.2 megawatts;
(ii)it does not involve the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant; and
(iii)it is not related to any other activity falling within this Part of this section.
Interpretation of section 2.1
1. In this section, “ferrous alloy” means an alloy of which iron is the largest constituent, or equal to the largest constituent, by weight, whether or not that alloy also has a non-ferrous metal content greater than any percentage specified in section 2.2.U.K.
SECTION 2.2N.I.NON-FERROUS METALS
Part A
(a)Producing non-ferrous metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic activities.
(b)Melting, including making alloys, of non-ferrous metals, including recovered products and the operation of non-ferrous metal foundries where the plant has a melting capacity of more than 4 tonnes per day for lead or cadmium or 20 tonnes per day for all other metals.
(c)Producing, melting or recovering (whether by chemical means or by electrolysis or by the use of heat) cadmium or mercury or any alloy containing more than 0.05 per cent by weight of either of those metals or, in aggregate, of both.
Part B
(a)Melting, including making alloys, of non-ferrous metals (other than tin or any alloy which in molten form contains 50 per cent or more by weight of tin), including recovered products (refining, foundry casting, etc.) in plant with a melting capacity of 4 tonnes or less per day for lead or cadmium or 20 tonnes or less per day for all other metals and where the designed holding capacity of molten metal is 0.5 tonnes or more (together with any additional refining).
(b)Melting zinc or a zinc alloy in conjunction with a galvanising activity at a rate of 20 tonnes or less per day unless described in Part A of section 2.1.
(c)Melting zinc, aluminium or magnesium or an alloy of one or more of these metals in conjunction with a die-casting activity at a rate of 20 tonnes or less per day.
Part C
(a)Melting, including making alloys, of non-ferrous metals (other than tin or any alloy which in molten form contains 50 per cent or more by weight of tin), including recovered products (refining, foundry casting, etc.) in plant with a melting capacity of 4 tonnes or less per day for lead or cadmium or 20 tonnes or less per day for all other metals and where the designed holding capacity of molten metal is less than 0.5 tonnes (together with any additional refining).
(b)The heating in a furnace or any other appliance of any non-ferrous metal or non-ferrous metal alloy for the purpose of removing grease, oil or any other non-metallic contaminant, including such operations as the removal by heat of plastic or rubber covering from scrap cable, if not related to another activity described in this Part of this section; but an activity does not fall within this paragraph if—
(i)it involves the use of one or more furnaces or other appliances the primary combustion chambers of which have in aggregate a net rated thermal input of less than 0.2 megawatts; and
(ii)it does not involve the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant.
(c)Unless falling within Part A or B of this section, the separation of copper, aluminium, magnesium or zinc from mixed scrap by differential melting.
...
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
Interpretation of section 2.2
1. In this section “non-ferrous metal alloy” means an alloy which is not a ferrous alloy, as defined in section 2.1.U.K.
2. Nothing in paragraph (c) of Part A or in Part B or C of this section shall be taken to refer to the activities of hand soldering, flow soldering or wave soldering.U.K.
SECTION 2.3N.I.SURFACE TREATING METALS AND PLASTIC MATERIALS
Part A
(a)Surface treating metals and plastic materials using an electrolytic or chemical process where the aggregated volume of the treatment vats is more than 30m3.
Part B
(b)Any process for the surface treatment of metal which is likely to result in the release into air of any acid-forming oxide of nitrogen and which does not fall within Part A of this section.
Part C
Nil
CHAPTER 3N.I.MINERAL INDUSTRIES
SECTION 3.1N.I.PRODUCTION OF CEMENT AND LIME
Part A
(a)Producing cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or in other kilns with a production capacity exceeding 50 tonnes per day.
(b)Producing lime or magnesium oxide in kilns with a production capacity of more than 50 tonnes per day.
Part B
(a)Blending cement in bulk or using cement in bulk other than at a construction site, including the bagging of cement and cement mixtures, the batching of ready-mixed concrete and the manufacture of concrete blocks and other cement products where the activity is not related to an activity described in paragraph (a) of Part A of this section and is carried on at the same location as an activity described in paragraph (a) of Part B of section 3.5.
(b)Producing lime where the activity is not likely to involve the heating in any period of 12 months of 5,000 tonnes or more of calcium carbonate or calcium magnesium carbonate or, in aggregate, of both.
(c)Slaking lime for the purpose of making calcium hydroxide or calcium magnesium hydroxide when related to an activity described in paragraph (b) above.
(d)Grinding cement clinker not associated with production of cement clinker.
(e)Unless falling within Part A of section 2.1 or 2.2, grinding metallurgical slag in plant with a grinding capacity of more than 250,000 tonnes in any period of 12 months.
Part C
(a)Storing, loading or unloading cement or cement clinker in bulk prior to further transportation in bulk.
(b)Blending cement in bulk or using cement in bulk other than at a construction site, including the bagging of cement and cement mixtures, the batching of ready-mixed concrete and the manufacture of concrete blocks and other cement products where the activity is not related to an activity described in paragraph (a) of Part A of this section and is not described in paragraph (a) of Part B of this section.
(c)Slaking lime for the purpose of making calcium hydroxide or calcium magnesium hydroxide unless related to an activity described in another Part of this Schedule.
SECTION 3.2N.I.ACTIVITIES INVOLVING ASBESTOS
Part A
(a)Producing asbestos or manufacturing products based on or containing asbestos.
(b)Stripping asbestos from railway vehicles except—
(i)in the course of the repair or maintenance of the vehicle;
(ii)in the course of recovery operations following an accident; or
(iii)where the asbestos is permanently bonded in cement or in any other material (including plastic, rubber or resin).
Part B
(a)The industrial finishing of any of the following products where not related to an activity falling within Part A of this section—
(i)asbestos cement;
(ii)asbestos cement products;
(iii)asbestos fillers;
(iv)asbestos filters;
(v)asbestos floor coverings;
(vi)asbestos friction products;
(vii)asbestos insulating board;
(viii)asbestos jointing, packaging and reinforcement material;
(ix)asbestos packing;
(x)asbestos paper or card; or
(xi)asbestos textiles.
Part C
Nil
Interpretation of section 3.2
1. In this section “asbestos” includes any of the following fibrous silicates: actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite.U.K.
SECTION 3.3N.I.MANUFACTURING GLASS AND GLASS FIBRE
Part A
(a)Manufacturing glass or glass fibre where the melting capacity of the plant is more than 20 tonnes a day.
Part B
Unless falling within Part A of this section—
(a)Manufacturing glass at any location where the person concerned has the capacity to make 5,000 tonnes or more of glass in any period of 12 months, and any activity involving the use of glass which is carried out at any such location in conjunction with its manufacture.
(b)Manufacturing glass where the use of lead or any lead compound is involved.
(c)Manufacturing any glass product where lead or any lead compound has been used in the manufacture of the glass except—
(i)making products from lead glass blanks; or
(ii)melting, or mixing with another substance, glass manufactured elsewhere to produce articles such as ornaments or road paint.
(d)Polishing or etching glass or glass products in the course of any manufacturing activity if—
(i)hydrofluoric acid is used; or
(ii)hydrogen fluoride may be released into the air.
(e)Manufacturing glass frit or enamel frit and its use in any activity where that activity is related to its manufacture.
Part C
Nil
SECTION 3.4N.I.PRODUCTION OF OTHER MINERAL FIBRES
Part A
(a)Unless falling within Part A of section 3.3, melting mineral substances including the production of mineral fibres with a melting capacity exceeding 20 tonnes per day.
Part B
Nil.
Part C
Nil.
SECTION 3.5N.I.OTHER MINERAL ACTIVITIES
Part A
(a)Manufacturing cellulose fibre reinforced calcium silicate board using unbleached pulp.
Part B
(a)Unless falling within Part A of any section in this Schedule, the crushing, grinding or other size reduction, other than the cutting of stone, or the grading, screening or heating of any designated mineral or mineral product except where the operation of the activity is unlikely to result in the release into the air of particulate matter.
(b)Coating road stone with tar or bitumen.
(c)The fusion of calcined bauxite for the production of artificial corundum.
Part C
(a)Any of the following activities unless carried on at an exempt location—
(i)crushing, grinding or otherwise breaking up coal, coke or any other coal product;
(ii)screening, grading or mixing coal, coke or any other coal product;
(iii)loading or unloading petroleum coke, coal, coke or any other coal product except unloading on retail sale.
(b)The crushing, grinding or other size reduction, with machinery designed for that purpose, of bricks, tiles or concrete.
(c)Screening the product of any activity described in paragraph (b).
(d)Loading, unloading or storing pulverised fuel ash in bulk prior to further transportation in bulk.
Interpretation of Parts B and C
1. In Parts B and C—U.K.
“coal” includes lignite;
“designated mineral or mineral product” means—
(i)
clay, sand and any other naturally occurring mineral other than coal or lignite;
(iii)
boiler or furnace ash produced from the burning of coal, coke or any other coal product;
(iv)
gypsum which is a by-product of any activity;
“exempt location” means—
(i)
any premises used for the sale of petroleum coke, coal, coke or any coal product where the throughput of such substances at those premises in any period of 12 months is in aggregate likely to be less than 10,000 tonnes; or
(ii)
any premises to which petroleum coke, coal, coke or any coal product is supplied only for use there;
“retail sale” means sale to the final customer.
2. Nothing in this Part applies to any activity carried out underground.U.K.
SECTION 3.6N.I.CERAMIC PRODUCTION
Part A
(a)Manufacturing ceramic products (including roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain) by firing in kilns, where—
(i)the kiln production capacity is more than 75 tonnes per day; or
(ii)the kiln capacity is more than 4m3 and the setting density is more than 300 kg/m3.
Part B
(a)Unless falling within Part A of this section, firing heavy clay goods or refractory materials (other than heavy clay goods) in a kiln where a reducing atmosphere is essential or with a production capacity exceeding 50 tonnes per day.
(b)Vapour glazing earthenware or clay with salts.
Part C
(a)Unless falling within Part A or Part B of this section, firing heavy clay goods or refractory materials (other than heavy clay goods) in a kiln.
Interpretation of Parts B and C
1. In these Parts—U.K.
“clay” includes a blend of clay with ash, sand or other materials;
“refractory material” means material (such as fireclay, silica, magnesite, chrome-magnesite, sillimanite, sintered alumina, beryllia and boron nitride) which is able to withstand high temperatures and to function as a furnace lining or in other similar high temperature applications.
CHAPTER 4N.I.THE CHEMICAL INDUSTRY
Interpretation of Chapter 4
1. In Part A of the sections of this Chapter, “producing” means producing on an industrial scale by chemical or biological processing of substances or groups of substances listed in the relevant sections.U.K.
SECTION 4.1N.I.ORGANIC CHEMICALS
Part A
(a)Producing organic chemicals such as—
(i)hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic);
(ii)organic compounds containing oxygen, such as alcohols, aldehydes, ketones, carboxylic acids, esters, ethers, peroxides, phenols and epoxy resins;
(iii)organic compounds containing sulphur, such as sulphides, mercaptans, sulphonic acids, sulphonates, sulphates and sulphones and sulphur heterocyclics;
(iv)organic compounds containing nitrogen, such as amines, amides, nitrous-, nitro- or azo-compounds, nitrates, nitriles, nitrogen heterocyclics, cyanates, isocyanates, di-isocyanates and di-isocyanate prepolymers;
(v)organic compounds containing phosphorus, such as substituted phosphines and phosphate esters;
(vi)organic compounds containing halogens, such as halocarbons, halogenated aromatic compounds and acid halides;
(vii)organometallic compounds, such as lead alkyls, Grignard reagents and lithium alkyls;
(viii)plastic materials, such as polymers, synthetic fibres and cellulose-based fibres;
(ix)synthetic rubbers;
(x)dyes and pigments;
(xi)surface-active agents.
Part B
(a)Unless falling within Part A of this section, any activity where the carrying on of the activity by the person concerned at the location in question is likely to involve the use in any 12 month period of 5 tonnes or more of any di-isocyanate or of any partly polymerised di-isocyanate or, in aggregate, of both.
(b)The flame bonding or cutting with heated wires of polyurethane foams or polyurethane elastomers.
(c)Any activity for the polymerisation or co-polymerisation of any pre-formulated resin or pre-formulated gel coat which contains any unsaturated hydrocarbon, where the activity is likely to involve, in any period of 12 months, the polymerisation or co-polymerisation of 100 tonnes or more of unsaturated hydrocarbon.
(d)Unless falling within Part A of this section, any activity involving the use of toluene di-isocyanate or partly polymerised di-isocyanate if the activity may result in a release into the air which contains toluene di-isocyanate.
Part C
Nil
Interpretation of section 4.1
1. In this section, “pre-formulated resin or pre-formulated gel coat” means any resin or gel coat which has been formulated before being introduced into polymerisation or co-polymerisation activity, whether or not the resin or gel coat contains a colour pigment, activator or catalyst.U.K.
SECTION 4.2N.I.INORGANIC CHEMICALS
Part A
(a)Producing inorganic chemicals such as—
(i)gases, such as ammonia, hydrogen chloride, hydrogen fluoride, hydrogen cyanide, hydrogen sulphide, oxides of carbon, sulphur compounds, oxides of nitrogen, hydrogen, oxides of sulphur, phosgene;
(ii)acids, such as chromic acid, hydrofluoric acid, hydrochloric acid, hydrobromic acid, hydroiodic acid, phosphoric acid, nitric acid, sulphuric acid, oleum and chlorosulphonic acid;
(iii)bases, such as ammonium hydroxide, potassium hydroxide, sodium hydroxide;
(iv)salts, such as ammonium chloride, potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate, cupric acetate, ammonium phosphomolybdate;
(v)non-metals, metal oxides, metal carbonyls or other inorganic compounds such as calcium carbide, silicon, silicon carbide, titanium dioxide;
(vi)halogens or interhalogen compound comprising two or more of halogens, or any compound comprising one or more of those halogens and oxygen.
(b)Unless falling within another section of this Schedule, any manufacturing activity (other than the manufacture of chemicals or glass or the coating, plating or surface treatment of metal) which involves the use and may result in the release into the air of any hydrogen halide or any manufacturing activity which uses, or which is likely to result in the release into the air or water of any of the compounds mentioned in paragraph (a)(vi), other than the treatment of water by chlorine.
(c)Unless falling within another section of this Schedule, any manufacturing activity, other than the application of a glaze or vitreous enamel, involving the use of any of the following elements or compound of those elements or the recovery of any compound of the following elements—
antimony;
arsenic;
beryllium;
gallium;
indium;
lead;
palladium;
platinum;
selenium;
tellurium;
thallium,
where the activity may result in the release into the air of any of those elements or compounds or the release into water of any substance listed in paragraph 10 of Part 2 of this Schedule.
(d)Recovering any compound of cadmium or mercury.
(e)Unless falling within another section of this Schedule, any manufacturing activity involving the use of mercury or cadmium or any compound of either element or which may result in the release into air of either of those elements or their compounds.
(f)Unless falling within another section of this Schedule, any activity, other than the combustion or incineration of carbonaceous material, which is likely to result in the release into the air of any acid-forming oxide of nitrogen.
Interpretation of Part A
1. “Carbonaceous material” referred to in (f) includes such materials as charcoal, coke, peat, rubber and wood, (but does not include wood which has not been chemically treated).U.K.
Part B
Nil.
Part C
Nil.
SECTION 4.3N.I.CHEMICAL FERTILISER PRODUCTION
Part A
(a)Producing (including any blending which is related to their production) phosphorus, nitrogen or potassium based fertilisers (simple or compound fertilisers).
Part B
Nil.
Part C
Nil.
SECTION 4.4N.I.PLANT PROTECTION PRODUCTS AND BIOCIDES
Part A
(a)Producing plant protection products or biocides.
(b)Formulating such products if this may result in the release into water of any substance listed in paragraph 10 of Part 2 of this Schedule in a quantity which, in any period of 12 months, is greater than the background quantity by more than the amount specified in that paragraph for that substance.
Part B
Nil.
Part C
Nil.
SECTION 4.5N.I.PHARMACEUTICAL PRODUCTION
Part A
(a)Producing pharmaceutical products, including intermediates.
Part B
Nil.
Part C
Nil.
SECTION 4.6N.I.EXPLOSIVES PRODUCTION
Part A
(a)Producing explosives.
Part B
Nil.
Part C
Nil.
SECTION 4.7N.I.MANUFACTURING ACTIVITIES INVOLVING AMMONIA
Part A
(a)Any activity for the manufacture of a chemical which may result in the release of ammonia into the air other than an activity in which ammonia is only used as a refrigerant.
Part B
Nil.
Part C
Nil.
SECTION 4.8N.I.THE STORAGE OF CHEMICALS IN BULK
Part A
Nil.
Part B
(a)The storage in tanks, other than in tanks for the time being forming part of a powered vehicle, of any of the substances listed below except where the total storage capacity of the tanks installed at the location in question in which the relevant substance may be stored is less than the figure specified below in relation to that substance—
any one or more acrylates | 20 tonnes (in aggregate) |
acrylonitrile | 20 tonnes |
anhydrous ammonia | 100 tonnes |
anhydrous hydrogen fluoride | 1 tonne |
toluene di-isocyanate | 20 tonnes |
vinyl chloride monomer | 20 tonnes |
ethylene | 8,000 tonnes. |
Part C
Nil
CHAPTER 5N.I.WASTE MANAGEMENT
SECTION 5.1N.I.INCINERATION AND CO-INCINERATION OF WASTE
Part A
(a)The incineration of hazardous waste in a waste incineration plant with a capacity of 10 tonnes or more per day or, unless carried out as part of any other Part A activity, in a waste co-incineration plant with a capacity of 10 tonnes or more per day.
(b)The incineration of hazardous solid or liquid waste in a waste incineration plant with a capacity of less than 10 tonnes per day or, unless carried out as part of any other Part A activity, in a waste co-incineration plant with a capacity of less than 10 tonnes per day, other than in an excluded plant.
(c)The incineration of non-hazardous waste in a waste incineration plant with a capacity of 3 tonnes or more per hour or, unless carried out as part of any other Part A activity, in a waste co-incineration plant with a capacity of 3 tonnes or more per hour.
(d)The incineration of non-hazardous solid or liquid waste in a waste incineration plant with a capacity of less than 3 tonnes per hour or, unless carried out as part of any other Part A activity, in a waste co-incineration plant with a capacity of less than 3 tonnes per hour, other than in an excluded plant.
(e)The incineration, other than incidentally in the course of burning landfill gas or solid or liquid waste, of any gaseous compound containing halogens
(f)The incineration of animal carcasses or animal waste with a treatment capacity of more than 10 tonnes per day of animal carcasses or animal waste or, in aggregate, of both.
(g)Unless described elsewhere in this Part, the incineration of solid or liquid non-hazardous waste in an excluded plant with a capacity of 1 tonne per hour or more, but less than 3 tonnes per hour.
(h)Unless carried out as part of any other activity in this part, the incineration of a fuel manufactured from a waste in an appliance with a rated thermal input over 3 megawatts.
Part B
(a)The incineration of waste in an incineration plant, which is authorised for the incineration of radioactive waste under section 13 of the Radioactive Substances Act 1993().
Part C
(a)Unless described elsewhere in this section, the incineration of non-hazardous solid or liquid waste in an excluded plant but which has a capacity of 50 kilogrammes or more per hour but less than 1 tonne per hour.
(b)The cremation of human remains.
Interpretation of section 5.1
1. In this section—U.K.
“excluded plant” means—
(a)
a plant treating only the following wastes—
(i)
vegetable waste from agriculture and forestry;
(ii)
vegetable waste from the food processing industry, if the heat generated is recovered;
(iii)
fibrous vegetable waste from virgin pulp production and from production of paper from pulp, if it is co-incinerated at the place of production and the heat generated is recovered;
(iv)
wood waste with the exception of wood waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood-preservatives or coating, and which includes in particular such wood waste originating from construction and demolition waste;
(vii)
animal carcasses as regulated by Regulation (EC) No 1069/2009(b) of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption [as last amended by Council Regulation (EC) No. 1385/2013] ; or
(viii)
waste resulting from exploration for, and the exploitation of, oil and gas resources from off-shore installations and incinerated on board the installation;
(b)
an experimental plant used for research, development and testing in order to improve the incineration process and which treats less than 50 tonnes of waste per year; and
(c)
gasification or pyrolysis plants, if the gases resulting from the thermal treatment of waste are purified to such an extent that they are no longer a waste prior to their incineration and they can cause emissions no higher than those resulting from the burning of natural gas.
“fuel” does not include fuel manufactured from waste which ceased to be a waste before being burned as a fuel; and
“incineration” means the thermal treatment of wastes with or without recovery of the combustion heat generated. This includes the incineration by oxidation of waste as well as other thermal treatment processes such as pyrolysis, gasification or plasma processes in so far as the substances resulting from the treatment are subsequently incinerated.
SECTION 5.2N.I.DISPOSAL OF WASTE BY LANDFILL
Part A
(a)The disposal of waste in a landfill receiving more than 10 tonnes of waste in any day or with a total capacity of more than 25,000 tonnes, excluding disposals in landfills taking only inert waste.
(b)The disposal of waste in any other landfill.
Part B
Nil
Part C
Nil
SECTION 5.3N.I.DISPOSAL OR RECOVERY OF HAZARDOUS WASTE OTHER THAN BY INCINERATION OR LANDFILL
Part A
(a)Disposal or recovery of hazardous waste with a capacity exceeding 10 tonnes per day involving one or more of the following activities—
(i)biological treatment;
(ii)physico-chemical treatment;
(iii)blending or mixing prior to submission to any of the other activities listed in sections 5.1 (a) and (c) and this section;
(iv)repackaging prior to submission to any of the other activities listed in sections 5.1 (a) and (c) and this section;
(v)solvent reclamation/regeneration;
(vi)recycling/reclamation of inorganic materials other than metals or metal compounds;
(vii)regeneration of acids or bases;
(viii)recovery of components used for pollution abatement;
(ix)recovery of components from catalysts;
(x)oil re-refining or other reuses of oil;
(xi)surface impoundment.
Part B
Nil.
Part C
Nil.
SECTION 5.4N.I.DISPOSAL OR RECOVERY OF NON-HAZARDOUS WASTE
Part A
(a)Disposal of non-hazardous waste with a capacity exceeding 50 tonnes per day involving one or more of the following activities, (but excluding activities covered by Council Directive 91/271/EEC() of 21 May 1991 concerning urban waste-water treatment [as last amended by Council Directive 2013/64/EU] )—
(i)biological treatment;
(ii)physico-chemical treatment;
(iii)pre-treatment of waste for incineration or co-incineration;
(iv)treatment of slags and ashes;
(v)treatment in shredders of metal waste, including waste electrical and electronic equipment and end-of-life vehicles and their components.
(b)Recovery, or a mix of recovery and disposal, of non-hazardous waste with a capacity exceeding 75 tonnes per day involving one or more of the following activities, (but excluding activities covered by Directive 91/271/EEC [as last amended by Council Directive 2013/64/EU] )—
(i)biological treatment;
(ii)pre-treatment of waste for incineration or co-incineration;
(iii)treatment of slags and ashes;
(iv)treatment in shredders of metal waste, including waste electrical and electronic equipment and end-of-life vehicles and their components.
(c)When the only waste treatment activity carried out is anaerobic digestion, the capacity threshold for this activity shall be 100 tonnes per day.
Part B
Nil.
Part C
Nil.
SECTION 5.5N.I.TEMPORARY AND UNDERGROUND STORAGE OF WASTE
Part A
(a)Temporary storage of hazardous waste not covered under section 5.2 pending any of the activities listed in sections 5.1, 5.2, 5.3 and paragraph (b) of this section with a total capacity exceeding 50 tonnes, excluding temporary storage, pending collection, on the site where the waste is generated.
(b)Underground storage of hazardous waste with a total capacity exceeding 50 tonnes.
Part B
Nil.
Part C
Nil.
CHAPTER 6N.I.OTHER ACTIVITIES
SECTION 6.1N.I.PAPER, PULP AND BOARD MANUFACTURING ACTIVITIES
Part A
(a)Producing, in industrial plant, pulp from timber or other fibrous materials.
(b)Producing, in industrial plant, paper and card board where the plant has a production capacity of more than 20 tonnes per day.
(c)Production of one or more of the following wood-based panels: oriented strand board, particleboard or fibreboard with a production capacity exceeding 600 m3 per day.
Part B
Nil.
Part C
Nil.
SECTION 6.2N.I.CARBON ACTIVITIES
Part A
(a)Producing carbon or hard-burnt coal or electro graphite by means of incineration or graphitisation.
Part B
Nil.
Part C
Nil.
SECTION 6.3N.I.TAR AND BITUMEN ACTIVITIES
Part A
(a)Distilling tar or bitumen in connection with any process of manufacture where the carrying out of the activity by the person concerned at the location in question is likely to involve the use in any period of 12 months of 5 tonnes or more of tar or of bitumen or, in aggregate, of both.
Part B
(a)Any activity not falling within Part A of this section or of section 6.2 involving—
(i)heating, but not distilling, tar or bitumen in connection with any manufacturing activity; or
(ii)oxidising bitumen by blowing air through it, at plant where no other activities described in any section in this Schedule are carried out,
where the carrying out of the activity is likely to involve the use in any period of 12 months of 5 tonnes or more of tar or of bitumen or, in aggregate, of both.
Interpretation of Part B
1. In this Part “tar” and “bitumen” include pitch.U.K.
Part C
Nil
SECTION 6.4N.I.COATING ACTIVITIES, PRINTING AND TEXTILE TREATMENTS
Part A
(a)Pre-treating (by operations such as washing, bleaching or mercerisation) or dyeing fibres or textiles in plant with a treatment capacity of more than 10 tonnes per day.
(b)Surface treating substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, in plant with a consumption capacity of more than 150 kg per hour or more than 200 tonnes per year.
Part B
(a)Unless falling within Part A of this section or paragraph (g) of Part A of section 2.1, any activity (other than for the repainting or respraying of road vehicles or parts of road vehicles), involving the repainting or respraying of or of parts of aircraft or railway vehicles where the carrying on of the activity may result in the release into the air of particulate matter or of any volatile organic compound and is likely to involve the use in any period of 12 months of—
(i)400 tonnes or more of printing ink, paint or other coating material which is applied in solid form; or
(ii)400 tonnes or more of any metal coating which is sprayed on in molten form.
(b)Unless falling within Part A of this section or paragraph (g) of Part A of section 2.1, any activity (other than for the repainting or respraying of road vehicles or parts of road vehicles), involving the application to a substrate of, or the drying or curing after such applications of, printing ink or paint or any other coating material as, or in the course of, a manufacturing activity where the carrying on of the activity may result in the release into the air of particulate matter or of any volatile organic compound and is likely to involve the use in any period of 12 months of—
(i)400 tonnes or more of printing ink, paint or other coating material which is applied in solid form; or
(ii)400 tonnes or more of any metal coating which is sprayed on in molten form.
Part C
(a)Unless falling within Part A or Part B of this section or paragraph (g) of Part A of section 2.1, any process (other than for the repainting or respraying of, or of parts of, aircraft or road or railway vehicles) for applying to a substrate, or drying or curing after such application, printing ink or paint or any other coating material as, or in the course of, a manufacturing activity, where the process may result in the release into the air of particulate matter or of any volatile organic compound and is likely to involve the use in any period of 12 months of—
(i)20 tonnes or more of printing ink, paint or other coating material which is applied in solid form;
(ii)20 tonnes or more of any metal coating which is sprayed on in molten form;
(iii)25 tonnes or more of organic solvents in respect of any cold set web offset printing activity or any sheet fed offset litho printing activity; or
(iv)5 tonnes or more of organic solvents in respect of any activity not mentioned in sub-paragraph (iii).
(b)Unless falling within Part A of this section, repainting or respraying road vehicles or parts of them if the activity may result in the release into the air of particulate matter or of any volatile organic compound and the carrying on of the activity is likely to involve the use of 1 tonne or more of organic solvents in any period of 12 months.
(c)Repainting or respraying aircraft or railway vehicles or parts of them if the activity may result in the release into the air of particulate matter or of any volatile organic compound and the carrying out of the activity is likely to involve the use in any period of 12 months of—
(i)20 tonnes or more of any paint or other coating material which is applied in solid form;
(ii)20 tonnes or more of any metal coatings which are sprayed on in molten form; or
(iii)5 tonnes or more of organic solvents.
Interpretation of Parts B and C
1. In this Part—U.K.
“aircraft” includes gliders and missiles;
“coating material” means paint, printing ink, varnish, lacquer, dye, any metal oxide coating, any adhesive coating, any elastomer coating, any metal or plastic coating and any other coating material.
2. The amount of organic solvents used in an activity shall be calculated as—U.K.
(a)the total input of organic solvents into the process, including both solvents contained in coating materials and solvents used for cleaning or other purposes; less
(b)any organic solvents that are removed from the process for re-use or for recovery for re-use.
SECTION 6.5N.I.THE MANUFACTURE OF DYESTUFFS, PRINTING INK AND COATING MATERIALS
Part A
Nil.
Part B
(a)Unless falling within Part A of any section in this Schedule—
(i)manufacturing or formulating printing ink or any other coating material containing, or involving the use of, an organic solvent, where the carrying out of the activity is likely to involve the use of 200 tonnes or more of organic solvents in any period of 12 months;
(ii)manufacturing any powder for use as a coating material where the process uses lead chromate or triglycidyl isocyanurate and where there is the capacity to produce 400 tonnes or more of such powder in any period of 12 months.
Part C
(a)Unless falling within Part A or Part B of any section in this Schedule—
(i)manufacturing or formulating printing ink or any other coating material containing, or involving the use of, an organic solvent, where the carrying out of the activity is likely to involve the use of 100 tonnes or more, but less than 200 tonnes of organic solvents in any period of 12 months;
(ii)manufacturing any powder for use as a coating material where the process uses lead chromate or triglycidyl isocyanurate and where there is the capacity to produce 200 tonnes or more, but less than 400 tonnes of such powder in any period of 12 months.
Interpretation of Parts B and C
1. In this Part, “coating material” has the same meaning as in section 6.4.U.K.
2. The amount of organic solvents used in an activity shall be calculated as—U.K.
(i)the total input of organic solvents into the process, including both solvents contained in coating materials and solvents for cleaning or other purposes; less
(ii)any organic solvents, not contained in coating materials, that are removed from the process for re-use or for recovery for re-use.
SECTION 6.6N.I.TIMBER ACTIVITIES
Part A
(a)Curing, or chemically treating, as part of a manufacturing process, timber or products wholly or mainly made from wood if any substance listed in paragraph 10 of Part 2 of this Schedule is used.
(b)Preservation of wood and wood products with chemicals with a production capacity exceeding 75 m3 per day other than exclusively treating against sapstain.
Part B
Nil.
Part C
(a)Unless falling within Part A of section 6.1, manufacturing products wholly or mainly of wood at any works if the activity involves the sawing, drilling, sanding, shaping, turning, [planing] , curing or chemical treatment of wood (“relevant activities”) and the throughput of the works in any period of 12 months is likely to be more than—
(i)10,000 cubic metres, in the case of works at which wood is sawed but at which wood is not subjected to any other relevant activities or is subjected only to relevant activities which are exempt activities; or
(ii)1,000 cubic metres in any other case.
Interpretation of Part C
1. In this Part—U.K.
“relevant activities” other than sawing are “exempt activities” where, if no sawing were carried out at the works, the activities carried out there would be unlikely to result in the release into the air of any substances listed in paragraph 9 of Part 2 of this Schedule in a quantity which is capable of causing a significant negative effect on human health or the environment;
“throughput” shall be calculated by reference to the amount of wood which is subjected to any of the relevant activities, but where, at the same works, wood is subject to two or more relevant activities, no account shall be taken of the second or any subsequent activity;
“wood” includes any product consisting wholly or mainly of wood; and
“works” includes a sawmill or any other premises on which relevant activities are carried out on wood.
SECTION 6.7N.I.ACTIVITIES INVOLVING RUBBER
Part A
(a)Manufacturing new tyres (but not remoulds or retreads) if this involves the use in any period of 12 months of 50,000 tonnes or more of one or more of the following—
(i)natural rubber;
(ii)synthetic organic elastomers;
(iii)other substances mixed with them.
Part B
(a)The curing of foam rubber products where hydrogen sulphide is released.
Part C
(a)Unless falling within Part A or B of any section in this Schedule, the mixing, milling or blending of—
(i)natural rubber; or
(ii)synthetic organic elastomers,
if carbon black is used.
(b)Any activity which converts the product of an activity falling within paragraph (a) into a finished product if related to an activity falling within that paragraph.
SECTION 6.8N.I.THE TREATMENT OF ANIMAL AND VEGETABLE MATTER AND FOOD INDUSTRIES
Part A
(a)Tanning hides and skins at plant with a treatment capacity of more than 12 tonnes of finished products per day.
(b)Slaughtering animals at plant with a carcass production capacity of more than 50 tonnes per day.
(c)Disposing of or recycling animal carcasses or animal waste otherwise than by incineration falling within section 5.1 in plant with a treatment capacity exceeding 10 tonnes per day of animal carcasses or animal waste or, in aggregate, of both.
(d)Treatment and processing, other than exclusively packaging, of the following raw materials, whether previously processed or unprocessed, intended for the production of food or feed from—
(i)only animal raw materials (other than milk) at plant with a finished product production capacity of more than 75 tonnes per day;
(ii)only vegetable raw materials at plant with a finished product production capacity greater than 300 tonnes per day or 600 tonnes per day where the installation operates for a period of no more than 90 consecutive days in any year;
(iii)animal and vegetable raw materials, both in combined and separate products, with a finished product production capacity in tonnes per day greater than—
(aa)75 if A is equal to 10 or more;
(bb)300 - (22.5 × A) in any other case; or
(cc)where ‘A’ is the portion of animal material (in % of weight) of the finished product production capacity;
where, when calculating the weight of finished product for the purposes of paragraphs (i) to (iii), the weight of packaging must be ignored.
(e)Treating and processing milk, the quantity of milk received being more than 200 tonnes per day (average value on an annual basis).
Part B
(a)Unless falling within Part A of this section, treating feathers by hydrolysis where hydrogen sulphide or other sulphur containing compounds may be released into the air.
Part C
(a)Processing, storing or drying by the application of heat of the whole or part of any dead animal or any vegetable matter (other than the treatment of effluent so as to permit its discharge into waterways, underground strata or into a sewer unless the treatment involves the drying of any material with a view to its use as animal feedstuff) if—
(i)the processing, storing or drying does not fall within another section of this Schedule or Part A or B of this section and is not an exempt activity; and
(ii)the processing, storing or drying may result in the release into the air of a substance described in paragraph 9 of Part 2 of this Schedule or any offensive smell noticeable outside the premises on which the activity is carried out.
(b)Breeding maggots in any case where 5 kg or more of animal matter or of vegetable matter or, in aggregate, of both are introduced into the process in any week.
Interpretation of section 6.8
1. In this section—U.K.
“animal” includes a bird or a fish;
“exempt activity” means—
(i)
any activity carried out in a farm or agricultural holding other than the manufacture of goods for sale;
(ii)
the manufacture or preparation of food or drink for human consumption but excluding—
(aa)
the extraction, distillation or purification of animal or vegetable oil or fat otherwise than as a activity incidental to the cooking of food for human consumption;
(bb)
any activity involving the use of green offal or the boiling of blood except the cooking of food (other than tripe) for human consumption;
(cc)
the cooking of tripe for human consumption elsewhere than on premises on which it is to be consumed;
(iii)
the fleshing, cleaning and drying of pelts of fur-bearing mammals;
(iv)
any activity carried on in connection with the operation of a knackers yard, as defined in the Animal By-Products Order (Northern Ireland) 2002();
(v)
any activity for the manufacture of soap not falling within Part A of section 4.1;
(vi)
the storage of vegetable matter not falling within any other section of this Schedule;
(vii)
the cleaning of shellfish shells;
(viii)
the manufacture of starch;
(ix)
the processing of animal or vegetable matter at premises for feeding a recognised pack of hounds registered under the Animal By-Products Order (Northern Ireland) 2002;
(x)
the salting of hides or skins, unless related to any other activity listed in this Schedule;
(xi)
any activity for composting animal or vegetable matter or a combination of both, except where that activity is carried on for the purposes of cultivating mushrooms;
(xii)
any activity for cleaning, and any related activity for drying or dressing seeds, bulbs, corms or tubers;
(xiii)
the drying of grain or pulses;
(xiv)
any activity for the production of cotton yarn from raw cotton or for the conversion of cotton yarn into cloth;
(xv)
the drying of green crops;
“food” includes—
(ii)
articles and substances of no nutritional value which are used for human consumption; and
(iii)
articles and substances used as ingredients in the preparation of food;
“green crops” means alfalfa (Lucerne), clover, grass, perennial ryegrass, tall fescue and other similar crops;
“green offal” means the stomach and intestines of any animal, other than poultry or fish, and their contents;
“underground strata” has the same meaning as in Article 2(2) of the Water (Northern Ireland) Order 1999();
“waterways” has the same meaning as in Article 2(2) of the Water (Northern Ireland) Order 1999.
SECTION 6.9N.I.INTENSIVE FARMING
Part A
(a)Rearing poultry or pigs intensively in an installation with more than:
(i)40,000 places for poultry;
(ii)2,000 places for production pigs (over 30 kg); or
(iii)750 places for sows.
Part B
Nil.
Part C
Nil.
Interpretation of section 6.9
1. The conditions of permits relating to Intensive Agriculture under this section shall apply without prejudice to the legislation relating to animal welfare.U.K.
SECTION 6.10N.I.CARBON CAPTURE AND STORAGE
Part A
(a)Capture of carbon dioxide streams from an installation for the purposes of geological storage pursuant to Directive 2009/31/EC () of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide [as last amended by Directive 2011/92/EU] .
Part B
Nil.
Part C
Nil.
SECTION 6.11N.I.WASTE WATER TREATMENT
Part A
(a)Independently operated treatment of waste water not covered by Directive 91/271/EEC [as last amended by Directive 2013/64/EU] and discharged by a Part A installation or Part A mobile plant.
Part B
Nil.
Part C
Nil.
CHAPTER 7N.I.SOLVENT EMISSIONS
SECTION 7N.I.SED ACTIVITIES
Part A
Nil
Part B
Nil
Part C
(a)The activities listed in the table below if they are operated above the solvent consumption thresholds for that activity.
Activity
| Solvent consumption threshold in tonnes/year
|
---|
Heatset web offset printing | 15 |
Publication rotogravure | 25 |
Other rotogravure, flexography, rotary screen printing, laminating or varnishing units | 15 |
Rotary screen printing on textile/cardboard | 30 |
Surface cleaning using specified substances or mixtures | 1 |
Other surface cleaning | 2 |
Vehicle coating and vehicle refinishing | 0.5 |
Coil coating | 25 |
Other coating activities, including metal, plastic, textile (except rotary screen printing on textile), fabric, film and paper coating | 5 |
Winding wire coating | 5 |
Coating activity applied to wooden surfaces | 15 |
Dry cleaning | 0 |
Wood impregnation | 25 |
Coating activity applied to leather | 10 |
Footwear manufacture | 5 |
Wood and plastic lamination | 5 |
Adhesive coating | 5 |
Manufacture of coating mixtures, varnishes, inks and adhesives | 100 |
Rubber conversion | 15 |
Vegetable oil and animal fat extraction and vegetable oil refining activities | 10 |
Manufacturing of pharmaceutical products | 50 |
Interpretation of Part C
1. Expressions used both in this Part and in Chapter V of the IED have the same meaning for the purposes of this Part as they have for the purposes of that Directive.U.K.
2. For the purposes of this Part—U.K.
“adhesive” means any mixture, including all the organic solvents or mixtures containing organic solvents necessary for its proper application, which is used to adhere separate parts of a product;
“adhesive coating” means any activity in which an adhesive is applied to a surface excluding the application of adhesive and laminating associated with printing activities;
“coating activity” means any activity in which a single or a multiple application of a continuous film of a coating is applied (including a step in which the same article is printed using any technique) but does not include the coating of substrate with metals by electrophoretic and chemical spraying techniques;
“coil coating” means any activity where coiled steel, stainless steel, coated steel copper alloys or aluminium strip is coated with either a film forming or laminate coating in a continuous process;
“consumption” means the total input of organic solvents into an installation per calendar year, or any other twelve month period, less any volatile organic compounds that are recovered for re-use;
“dry cleaning” means any industrial or commercial activity using volatile organic compounds to clean garments, furnishing and similar consumer goods excluding the manual removal of stains and spots in the textile and clothing industry;
“flexography” means a printing activity using an image carrier of rubber or elastic photopolymers on which the printing areas are above the non-printing areas and liquid inks which dry through evaporation;
“footwear manufacture” means any activity of producing complete footwear or parts of footwear;
“halogenated organic solvent” means an organic solvent which contains at least one atom of bromine, chlorine, fluorine or iodine per molecule;
“heat web offset printing” means a web-fed printing activity using an image carrier in which the printing and non-printing area are in the same plane, where—
(i)
the non-printing area is treated to attract water and reject ink;
(ii)
the printing area is treated to receive and transmit ink to the surface to be printed; and
(iii)
evaporation takes place in the oven where hot air is used to heat the printed material.
“ink” means a mixture, including all the organic solvents or mixtures containing organic solvents necessary for its proper application which is used in a printing activity to impress text or images on to a surface;
“laminating associated to a printing activity” means the adhering together of two or more flexible materials to produce laminates;
“manufacturing of coating mixtures, varnishes, inks and adhesives” means the manufacture of coating mixtures, varnishes, inks and adhesives as final products and where carried out at the same site the manufacture of intermediates by the mixing of pigments, resins and adhesive materials with organic solvent or other carrier, including—
(i)
dispersion and predispersion activities;
(ii)
viscosity and tint adjustments; and
(iii)
operations for filling the final product into its container;
“manufacturing of pharmaceutical products” means one or more of the following activities—
(i)
the chemical synthesis;
(v)
finishing of pharmaceutical products and where carried out at the same site, the manufacture of intermediate products;
“other coating activities” means a coating activity applied to—
(i)
trailers, defined in categories O1, O2, O3 and O4 in [Article 4 of Regulation (EU) 2018/858]
(ii)
metallic and plastic surfaces including the surfaces of airplanes, ships and trains; and
(iii)
textile, fabric, film and paper surfaces;
“printing activity” means any activity (not being a step in a coating activity) for reproducing text and/or images in which, with the use of an image carrier, ink is transferred on to any type of surface, including the use of associated varnishing, coating and laminating techniques;
“publication rotogravure” means a rotogravure printing activity used for printing paper for magazines, brochures, catalogues or similar products, using toluene-based inks;
[“Regulation (EU) 2018/858” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;]
“reuse” means the use of organic solvents recovered from an installation for any technical or commercial purpose and including use as a fuel but excluding the final disposal of such recovered organic solvent as waste;
“rotary screen printing” means a web-fed printing activity in which liquid ink which dries only through evaporation is passed on to the surface to be printed by forcing it through a porous image carrier, in which the printing area is open and the non-printing area is sealed off;
“rotogravure” means a printing activity using a cylindrical image carrier in which the printing area is below the non-printing area and liquid inks which dry through evaporation in which the recesses are filled with ink and the surplus is cleaned off the non-printing area before the surface to be printed contacts the cylinder and lifts the ink from the recesses;
“rubber conversion” means—
(i)
any activity of mixing, milling, blending, calendaring, extrusion and vulcanisation of natural or synthetic rubber; and
(ii)
any ancillary operations for converting natural or synthetic rubber into a finished product;
“specified substances or mixtures” mean—
(i)
until 1st June 2015—
(aa)
any substances or mixtures which because of their content of volatile organic compounds are classified as carcinogens, mutagens, or toxic to reproduction and are assigned or need to carry the risk phrases R45, R46, R49, R60 or R61, or under Regulation (EC) No 1272/2008 [as last amended by Commission Regulation 2017/776/EU] , are assigned or need to carry the hazard statement H340, H350, H350i, H360D, or H360F; and
(bb)
halogenated organic compounds which are assigned or need to carry the risk phrases R40 or R68 or the hazard statements H341 or H351; or
(ii)
from 1st June 2015, any substances or mixtures which because of their content of volatile organic compounds are classified as carcinogens, mutagens, or toxic to reproduction under Regulation (EC) No 1272/2008 () [as last amended by Commission Regulation 2017/776/EU] , and are assigned or need to carry the hazard statement H340, H350, H350i, H360D or H360F or halogenated volatile organic compounds which are assigned or need to carry the hazard statements H341 or H351;
“surface cleaning” means any activity, except dry cleaning, using organic solvents to remove contamination from the surface of material including degreasing but excluding the cleaning of equipment; and a cleaning activity consisting of more than one step before or after any other activity shall be considered as one surface cleaning activity;
“vehicle coating” means a coating activity applied to the following vehicles—
(i)
new cars, defined as vehicles of category M1 in [Article 4 of Regulation (EU) 2018/858], and of category N1 in so far as they are coated at the same installation as M1 vehicles;
(ii)
truck cabins, defined as the housing for the driver, and all integrated housing for the technical equipment, of vehicles of categories N2 and N3 in [Article 4 of Regulation (EU) 2018/858] ;
(iii)
vans and trucks, defined as vehicles of categories N1, N2 and N3 in [Article 4 of Regulation (EU) 2018/858], but not including truck cabins; or
(iv)
buses, defined as vehicles in categories M2 and M3 in [Article 4 of Regulation (EU) 2018/858] ;
“varnish” means a transparent coating;
“varnishing” means an activity by which varnish or an adhesive coating for the purpose of sealing the packaging material is applied to a flexible material;
“vegetable oil and animal fat extraction and vegetable oil refining activities” means any activity to extract vegetable oil from seeds and other vegetable matter, the processing of dry residues to produce animal feed, the purification of fats and vegetable oils derived from seeds, vegetable matter or animal matter;
“vehicle refinishing” means any industrial or commercial coating activity and associated degreasing activities performing—
(i)
the original coating of road vehicles as defined in [Article 4 of Regulation (EU) 2018/858] or part of them with refinishing-type materials, where this is carried out away from the original manufacturing line; or
(ii)
the coating of trailers (including semi-trailers) (category O);
“web-fed” means that the material to be printed is fed to the machine from a reel as distinct from separate sheets;
“winding wire coating” means any coating activity of metallic conductors used for winding the coils in transformers and motors, etc;
“wood and plastic lamination” means any activity to adhere together wood or plastic to produce laminated products;
“wood impregnation” means any activity giving a loading of preservative in timber.
PART 2N.I.INTERPRETATION OF PART 1
1. The following rules apply for the interpretation of Part 1 of this Schedule.N.I.
2.—(1) Subject to sub-paragraph (2), an activity shall not be taken to be a Part B or Part C activity if it cannot result in the release into the air of a substance listed in paragraph 9 or there is no likelihood that it will result in the release into the air of any such substance except in a quantity which is so trivial that it is incapable of causing pollution or its capacity to cause pollution is insignificant.N.I.
(2) Sub-paragraph (1) shall not apply to—
(a)a SED activity; or
(b)an activity which may give rise to an offensive smell noticeable outside the site where the activity is carried out.
3. An activity shall not be taken to be an activity falling within sections 1.1 to 7 of Part 1 if it is—N.I.
(a)carried out in a working museum to demonstrate an industrial activity of historic interest or if it is carried out for educational purposes in a school as defined by Article 2(1) of the Education and Libraries (Northern Ireland) Order 1986();
(b)carried out at an installation or mobile plant solely used for research, development and testing of new products and processes;
(c)the running on or within an aircraft, hovercraft, mechanically propelled road vehicle, railway locomotive or ship or other vessel of an engine which propels or provides electricity for it;
(d)the running of an engine in order to test it before it is installed or in the course of its development; or
(e)carried out as a domestic activity in connection with a private dwelling.
4. An activity listed in section 7 of Part 1 shall include the cleaning of equipment but, except for a surface cleaning activity, not the cleaning of products.N.I.
5. References in Part 1 to related activities are references to separate activities being carried out by the same person on the same site.N.I.
6.—(1) This paragraph applies for the purpose of determining whether an activity carried out in a stationary technical unit falls within a description in Part A which refers to capacity, other than design holding capacity.N.I.
(2) Where a person carries out several activities falling within the same description in Part A in different parts of the same stationary technical unit or in different stationary technical units on the same site, the capacities of each part or unit shall be added together and the total capacity shall be attributed to each part or unit for the purpose of determining whether the activity carried out in each part or unit falls within a description in Part A.
(3) For the purpose of sub-paragraph (2), no account shall be taken of capacity when determining whether activities fall within the same description.
(4) Where an activity falls within a description in Part A by virtue of this paragraph it shall not be taken to be an activity falling within a description in Part B or Part C (other than a description in section 7).
7.—(1) Where an activity falls within a description in Part A and a description in Part B that activity shall be regarded as falling only within the description in Part A.N.I.
(2) Where an activity falls within a description in Part A and a description in Part C (other than a description in section 7) that activity shall be regarded as falling only within the description in Part A.
(3) Where an activity falls within a description in Part B and a description in Part C (other than a description in section 7) that activity shall be regarded as falling only within that description which fits it most aptly.
8. In Part 1—N.I.
“background quantity” means, in relation to the release of a substance resulting from an activity, such quantity of that substance as is present in—
(i)
water supplied to the site where the activity is carried out;
(ii)
water abstracted for use in the activity; and
(iii)
precipitation onto the site on which the activity is carried out;
“Part A activity” means an activity falling within Part A of any section in Part 1;
“Part B activity” means an activity falling within Part B of any section in Part 1;
“Part C activity” means an activity falling within Part C of any section in Part 1.
9. References to, or to the release into the air of, a substance listed in this paragraph are to any of the following substances—N.I.
(a)oxides of sulphur and other sulphur compounds;
(b)oxides of nitrogen and other nitrogen compounds;
(c)oxides of carbon;
(d)organic compounds and partial oxidation products;
(e)metals, metalloids and their compounds;
(f)asbestos (suspended particulate matter and fibres), glass fibres and mineral fibres;
(g)halogens and their compounds;
(h)phosphorus and its compounds;
(i)particulate matter.
10. References to, or to the release into water of, a substance listed in this paragraph or to its release in a quantity which, in any period of 12 months, is greater than the background quantity by an amount specified in this paragraph are to the following substances and amounts—N.I.
Substance | Amount greater than the background quantity (in grammes) in any period of 12 months |
---|
|
Mercury and its compounds | 200 (expressed as metal) |
Cadmium and its compounds | 1,000 (expressed as metal) |
All isomers of hexachlorocyclohexane | 20 |
All isomers of DDT | 5 |
Pentachlorophenol and its compounds | 350 (expressed as PCP) |
Hexachlorobenzene | 5 |
Hexachlorobutadiene | 20 |
Aldrin | 2 |
Dieldrin | 2 |
Endrin | 1 |
Polychlorinated Biphenyls | 1 |
Dichlorvos | 0.2 |
1,2 – Dichloroethane | 2,000 |
All isomers of trichlorobenzene | 75 |
Atrazine | 350 |
Simazine | 350 |
Tributyltin compounds | 4 (expressed as TBT) |
Triphenyltin compounds | 4 (expressed as TPT) |
Trifluralin | 20 |
Fenitrothion | 2 |
Azinphos-methyl | 2 |
Malathion | 2 |
Endosulfan | 0.5 |
11.—(1) References to a substance listed in this paragraph are to any of the following substances—N.I.
(a)alkali metals and their oxides and alkaline earth metals and their oxides;
(b)organic solvents;
(c)azides;
(d)halogens and their covalent compounds;
(e)metal carbonyls;
(f)organo-metallic compounds;
(g)oxidising agents;
(h)polychlorinated dibenzofuran and any congener thereof;
(i)polychlorinated dibenzo-p-dioxin and any congener thereof;
(j)polyhalogenated biphenyls, terphenyls and naphthalenes;
(k)phosphorus;
(l)pesticides.
(2) In sub-paragraph (1), “pesticide” means any chemical substance or mixture prepared or used for destroying any pest, including those used for protecting plants or wood or other plant products from harmful organisms, regulating the growth of plants, giving protection against harmful creatures, rendering such creatures harmless, controlling organisms with harmful or unwanted effects on water systems, buildings or other structures, or on manufactured products, or protecting animals against ectoparasites.
PART 3N.I.INTERPRETATION OF “PART A INSTALLATION” ETC.
12. For the purpose of these Regulations—N.I.
“Part A installation” means an installation where a Part A activity is carried out (including such an installation where a Part B or Part C activity is also carried out);
“Part B installation” means an installation where a Part B activity is carried out, not being a Part A installation (including such an installation where a Part C activity is also carried out);
“Part C installation” means an installation where a Part C activity is carried out, not being a Part A installation or Part B installation.
13. For the purpose of these Regulations—N.I.
“Part A mobile plant” means mobile plant used to carry out a Part A activity (including such plant which is also used to carry out a Part B or Part C activity);
“Part B mobile plant” means mobile plant used to carry out a Part B activity, not being Part A mobile plant;
“Part C mobile plant” means mobile plant used to carry out a Part C activity, not being Part A mobile plant or Part B mobile plant.
14. A Part B installation where an activity falling within paragraph (a) of Part B of section 2.2, or a Part C installation, where an activity falling within paragraph (c) of Part C of section 2.2 is carried out, does not include any location where the associated storage or handling of scrap which is to be heated as part of that activity is carried out, other than a location where scrap is loaded into a furnace.N.I.
15. A Part B installation where an activity falling within paragraph (a) of Part B of section 5.1 or a Part C installation, where an activity falling within paragraph (a) or (b) of Part C of section 5.1 is carried out, does not include any location where the associated storage or handling of wastes and residues which are to be incinerated as part of that activity is carried out, other than a location where the associated storage or handling of animal remains, intended for burning in an incinerator used wholly or mainly for the incineration of such remains or residues from the burning of such remains in such an incinerator, is carried out.N.I.
16.—(1) A Part B or Part C installation where an activity falling within Part B or Part C of section 6.4 is carried out, does not include any location where the associated cleaning of used storage drums prior to painting or their incidental handling in connection with such cleaning is carried out.N.I.
(2) Sub-paragraph (1) shall not apply where the location referred to in that sub-paragraph forms part of a SED installation.
17. Where an installation is a Part A installation, a Part B installation or a Part C installation by virtue of the carrying out of an activity which is only carried out during part of a year, that installation shall not cease to be such an installation during the parts of the year when that activity is not being carried out.N.I.
18. Where an installation is authorised by a permit granted under these Regulations to carry out Part A activities, Part B activities or Part C activities which are described in Part 1 by reference to a threshold (whether in terms of capacity or otherwise), the installation shall not cease to be a Part A installation, a Part B installation or a Part C installation by virtue of the installation being operated below the relevant threshold, unless the permit ceases to have effect in accordance with these Regulations.N.I.
19. In this Part, “Part A activity”, “Part B activity” and “Part C activity” have the meaning given by paragraph 8 in Part 2.N.I.
Regulation 3
SCHEDULE 2N.I.BEST AVAILABLE TECHNIQUES
1. Subject to paragraph 2, in determining BAT, special consideration shall be given to the following matters, bearing in mind the likely costs and benefits of a measure and the principles of precaution and prevention—N.I.
(a)the use of low-waste technology;
(b)the use of less hazardous substances;
(c)the furthering of recovery and recycling of substances generated and used in the process and of waste where appropriate;
(d)comparable processes, facilities or methods of operation which have been tried with success on an industrial scale;
(e)technological advances and changes in scientific knowledge and understanding;
(f)the nature, effects and volume of the emissions concerned;
(g)the commissioning dates for new or existing installations or mobile plant;
(h)the length of time needed to introduce the best available technique;
(i)the consumption and nature of raw materials (including water) used in the process and the energy efficiency of the process;
(j)the need to prevent or reduce to a minimum the overall impact of the emissions on the environment and the risks to it;
(k)the need to prevent accidents and to minimise the consequences for the environment;
(l)the information published by public international organisations.
2. Sub-paragraphs (a) to (c) and (j) to (l) of paragraph 1 do not apply for the purposes of determining BAT in relation to Part B or Part C installations or Part B or Part C mobile plant.N.I.
Regulation 9
SCHEDULE 3N.I.PRESCRIBED DATE AND TRANSITIONAL ARRANGEMENTS
PART 1N.I.PART A INSTALLATIONS AND MOBILE PLANT
1. Save as set out in paragraph 2(b), for a Part A installation or Part A mobile plant which comes into operation after 6th January 2013, the prescribed date is 7th January 2013.N.I.
2. For a Part A installation or Part A mobile plant—N.I.
(a)which has a permit under the Pollution Prevention and Control Regulations (Northern Ireland) 2003() valid until 6th January 2014; or
(b)for which a duly made permit application was submitted before 7th January 2013 and which will come into operation before 7th January 2014,
the prescribed date is 7th January 2014.
3. For a Part A installation or Part A mobile plant where the activity carried out in the installation or mobile plant is not listed in Schedule 1 to the Pollution Prevention and Control Regulations (Northern Ireland) 2003 and which came into operation before 7th January 2013 and until 6th July 2015 had a relevant authorisation, the prescribed date is 7th July 2015.N.I.
4. For any Part A installation or Part A mobile plant, other than those specified in paragraphs 1 to 3 of this Part, the prescribed date is 7th January 2013.N.I.
Interpretation of Part 1
“relevant authorisation” means, in relation to the operation of a Part A installation or Part A mobile plant—
(a)
where the operation of the installation or mobile plant before 7th January 2013 required a waste management licence under the Waste Management Licensing Regulations (Northern Ireland) 2003(), a licence under those Regulations; or
(b)
in any other case, planning permission granted under the Planning (Northern Ireland) Order 1991().
PART 2N.I.PART B AND PART C INSTALLATIONS AND MOBILE PLANT
[5.—(1) Save as set out in sub-paragraphs (2) and (3), the prescribed date for a Part B or Part C installation or a Part B or Part C mobile plant is 7th January 2013.N.I.
(2) In the case of an installation or mobile plant, which will carry out only an activity falling within head (b) of Part C of section 1.1 of Schedule 1 and which comes into operation in the period from the operational date, the prescribed date is the operational date.
(3) In the case of an installation or mobile plant, carrying out only an activity falling within head (b) of Part C of section 1.1 of Schedule 1 and which came into operation in the period ending on the operational date, the prescribed date shall be the date on which the plant is first operated, after a substantial refurbishment first takes place in the period from the operational date.
[(2) In the case of an installation or mobile plant, carrying out only an activity falling within head (c) of Part C of section 1.1 of Schedule 1, for—
(a)a new medium combustion plant, the prescribed date is 20th December 2018;
(b)an existing medium combustion plant with a rated thermal input greater than 5 megawatts, the prescribed date is 1st January 2024; and
(c)an existing medium combustion plant with a rated thermal input of less than or equal to 5 megawatts, the prescribed date is 1st January 2029.]
Interpretation of Part 2
“operational date” means, the date on which the Pollution Prevention and Control (Industrial Emissions) (Amendment) Regulations (Northern Ireland) 2014 come into operation;
“substantial refurbishment” means, in relation to paragraph 5, a refurbishment whose cost exceeds 50% of the investment cost for a new comparable unit, but the fitting of equipment to carry out the activity falling within head (a) of Part A of section 6.10 of Schedule 1 shall not be considered as refurbishment; and
“unit” means any boilers, furnaces, kilns, turbines or engines forming part of an installation which added together have a rated thermal input of more than 20 megawatts.]
PART 3N.I.TRANSITIONAL ARRANGEMENTS
6.—(1) The enforcing authority may accept a permit issued under the Pollution Prevention and Control Regulations (Northern Ireland) 2003 as a permit for the purposes of these Regulations after the prescribed date.N.I.
(2) A permit issued under the Pollution Prevention and Control Regulations (Northern Ireland) 2003, which is accepted as a permit for the purposes of these Regulations, and which authorises an activity listed in Schedule 1 of these Regulations shall be deemed to contain the appropriate activity description from Schedule 1 of these Regulations.
(3) A Part A permit, or a permit for an activity listed in section 7 of Schedule 1, which is accepted as a permit for the purposes of these Regulations, is deemed to contain the following conditions, unless such conditions are included in the permit—
(a)in the event that the operation of an installation or mobile plant gives rise to an incident or accident which significantly affects the environment, the operator must immediately—
(i)inform the regulator;
(ii)take the measures necessary to limit the environmental consequences of such an incident or accident; and
(iii)take the measures necessary to prevent further possible incidents or accidents;
(b)in the event of a breach of any permit condition the operator of an installation or mobile plant must immediately—
(i)inform the regulator; and
(ii)take the measures necessary to ensure that compliance is restored within the shortest possible time;
(c)in the event of a breach of any permit condition which poses an immediate danger to human health or threatens to cause an immediate significant adverse effect on the environment, the operator of a regulated facility must immediately suspend the operation of the installation or mobile plant or the relevant part of it until compliance with the permit conditions has been restored.
7. The enforcing authority must ensure that the permit is fully compliant with these Regulations after the prescribed date.N.I.
PART 4N.I.APPLICATION OF THE POLLUTION PREVENTION AND CONTROL REGULATIONS (NORTHERN IRELAND) 2003
8. The Pollution Prevention and Control Regulations (Northern Ireland) 2003 shall not apply to any installation or mobile plant permitted under these Regulations.N.I.
Regulation 10
SCHEDULE 4N.I.GRANT OF PERMITS
PART 1N.I.APPLICATIONS FOR PERMITS
1.—(1) An application to an enforcing authority for a permit under regulation 10 shall be in writing and, subject to paragraphs [1A] to 5, shall contain the following information—N.I.
(a)the name, telephone number and address (including post code) of the applicant and, if different, any address to which correspondence relating to the application should be sent and, if the applicant is a body corporate, its registered number, the address of its registered or principal office and, if that body corporate is a subsidiary of a holding company, within the meaning of the Companies Act 2006(), the name of the ultimate holding company and the address of its registered or principal office;
(b)in the case of an application for a permit to operate an installation or Part A mobile plant, the address of the site of the installation or mobile plant and its Irish grid reference, a map or plan showing that site and, in the case of an installation, the location of the installation on that site and the name of any district council in whose district the site is situated;
(c)in the case of an application for a permit to operate a Part B or Part C mobile plant, the name of the district council in whose district the applicant has their principal place of business and the address of that place of business or, where the operator of the mobile plant has their principal place of business outside of Northern Ireland, the name of the district council in whose district the plant was first operated or, where the plant has not been operated in Northern Ireland, the district council in whose district it is intended by the operator that the plant will first be operated;
(d)a description of the installation or mobile plant, the activities listed in Part 1 of Schedule 1 to be carried out in the installation or by means of the mobile plant and, in the case of an installation, any other directly associated activities to be carried out on the same site as the installation;
(e)the nature, quantities and sources of foreseeable emissions from the installation or mobile plant into each environmental medium and a description of any foreseeable significant effects of the emissions on the environment;
(f)for a Part B or Part C installation or a Part B or Part C mobile plant, the reference to emissions from the installation or mobile plant into each environmental medium in head (e) shall be read as a reference to emissions from the installation or mobile plant into the air;
(g)the proposed technology and other techniques for preventing or, where that is not practicable, reducing emissions from the installation or mobile plant;
(h)the proposed measures to be taken to monitor the emissions;
(i)a description of any proposed additional measures to be taken to comply with the general principles set out in regulation 11;
(j)in the case of an application for a permit to operate an installation or mobile plant covered by general binding rules, a statement as to whether the applicant wishes the aspects of the operation of the installation or mobile plant covered by the requirements in the rules to be subject to those requirements instead of conditions included in the permit; and
(k)any additional information which the applicant wishes the enforcing authority to take into account in considering the application.
(2) An application to the chief inspector to operate a Part A installation or Part A mobile plant shall additionally require the following information—
(a)subject to sub-paragraph (4), a site report containing the information required by sub-paragraph (3);
(b)the raw and auxiliary materials and other substances and the energy to be used in or generated by the carrying out of the activities referred to in sub-paragraph (1)(d);
(c)a description of the measures to be taken for the prevention, preparation for re-use, recycling and recovery of waste generated by the operation of the installation or mobile plant;
(d)any relevant information obtained or conclusion arrived at in relation to the installation pursuant to Articles 5, 6, 7 and 9 of Directive 2011/92/EU() of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (codification);
(e)in the case of an application for a permit that will authorise the carrying out of a specified waste management activity, any information which the applicant wishes the chief inspector to take into account when considering whether the applicant is a fit and proper person to carry out that activity;
(f)an outline of the main alternatives to the proposed technology, techniques or measures, if any, studied by the applicant; and
(g)a non-technical summary of the information referred to in sub-paragraphs (1) and (2).
(3) The site report required by sub-paragraph (2)(a) shall describe the condition of the site of the Part A installation or Part A mobile plant and shall, in particular, identify any substance in, on or under the land which may constitute a pollution risk.
(4) Where a Part A activity involves the use, production or release of relevant hazardous substances and having regard to the possibility of soil and groundwater contamination at the site of the installation or mobile plant, the operator shall also prepare and submit to the chief inspector a baseline report before starting operation of an installation. The information within the baseline report—
(a)shall contain the information necessary to determine the state of soil and groundwater contamination so as to make a quantified comparison with the state upon definitive cessation of activities, and shall contain at least the following information—
(i)information on the present use and, where available, on past uses of the site; and
(ii)where available, existing information on soil and groundwater measurements that reflect the state at the time the report is drawn up or, alternatively, new soil and groundwater measurements having regard to the possibility of soil and groundwater contamination by those hazardous substances to be used, produced or released by the installation concerned; and
(b)may include, or have attached to it, information produced pursuant to other national ... law which fulfils the requirements of head (a).
(5) The requirements in sub-paragraphs (2)(a) and (4) shall not apply to any part of an application which relates to an activity falling within paragraphs (b), (d), (g) or (h) of Part A of section 5.1 of Schedule 1.
Textual Amendments
Commencement Information
[1A. Paragraph 1(1) applies in relation to an application for a permit to operate an installation or mobile plant carrying out only an activity falling within head (b) of Part C of section 1.1 of Part 1 of Schedule 1, as if the following head was substituted for heads (e) to (j) of that paragraph—N.I.
(e)a cost-benefit analysis;]
2. An application for a permit to operate a waste incineration installation shall in addition to the information specified in paragraph 1, contain a description of the measures which the operator proposes to undertake in order to ensure that—N.I.
(a)the plant is designed, equipped and will be operated in such a manner that the requirements of Chapter IV of the IED are met, taking into account the categories of waste to be incinerated;
(b)the heat generated during the incineration and co-incineration process is recovered as far as practicable, for example through combined heat and power, the generating of process steam or district heating;
(c)the residues will be minimised in their amount and harmfulness and recycled where appropriate;
(d)the disposal of the residues which cannot be prevented, reduced or recycled will be carried out in conformity with national and European Union law; and
(e)the proposed measurement techniques for emissions into the air and water comply with Annex VI of the IED.
3. An application for a landfill permit, where an activity falling within Part A of section 5.2 in Part 1 of Schedule 1 is carried out, shall contain the following additional information—N.I.
(a)a description of the types and total quantity of waste to be deposited;
(b)the proposed capacity of the disposal site;
(c)a description of the site, including its hydrogeological and geological characteristics;
(d)the proposed operation, monitoring and control plan;
(e)the proposed plan for the closure and after-care procedures; and
(f)the financial provision required by virtue of regulation 4(3)(b).
4.—(1) An application for a permit to operate an installation which contains a SED installation shall, in addition to the information specified in paragraphs 1 and where applicable 2, include a description of the measures which are envisaged to guarantee in respect of that installation that the installation is designed, equipped and will be operated in such a manner that the requirements of Chapter V of the IED are met.N.I.
(2) That description shall include—
(a)where the operator wishes to use a reduction scheme, details of the proposed reduction scheme; and
(b)where there is used in the SED installation substances or mixtures which, because of their content of volatile organic compounds are classified as carcinogens, mutagens or toxic to reproduction under Regulation No 1272/2008() of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures [as last amended by Commission Regulation 2017/776/EU] are assigned or need to carry the hazard statements H340, H350, H350i, H360D or H360F or the risk phrases R45, R46, R49, R60 or R61, a timetable for replacing such substances or mixtures, as far as possible, by less harmful substances or mixtures within the shortest possible time, taking into account the guidance referred to in Article 64 of the IED.
Textual Amendments
Commencement Information
5. Paragraph 1(1) applies in relation to an application for a permit to operate an installation involving dry cleaning as defined in section 7 of Part 1 of Schedule 1 (SED activities), as if, in so far as the installation is concerned with the carrying out of that activity, the following heads were substituted for heads (d) to (g)—N.I.
(d)the model name and number, description, serial number, if any, and date when the dry cleaning machine was installed, name of manufacturer and its rated capacity;
(e)details of any spot cleaning to be undertaken and details of checking and maintenance procedures to be followed and supervision, training and qualifications of operating staff;
(f)details of the solvents to be used, including a description of any risk phrase solvents;
(g)details of the arrangements for storing solvents prior to use, and used solvents and solvent-contaminated materials, including a description of the location where the materials are stored;
6. The enforcing authority may, by notice in writing, require the applicant to furnish such further information as may be specified in the notice, within the period so specified, as the enforcing authority may require for the purpose of determining the application and, if the applicant fails to furnish the specified information within the period specified, the application shall, if the enforcing authority gives notice in writing to the applicant that it treats the failure as such, be deemed to have been withdrawn at the end of that period.N.I.
7. Subject to paragraph 30, the applicant shall, within the period of 28 days beginning 14 days after the date on which the application is duly made, advertise the application—N.I.
(a)in the case of an application for a permit to operate an installation or Part A mobile plant, in at least one newspaper circulating in the locality in which the installation or Part A mobile plant covered by the application will be operated; and
(b)in the case of an application for a permit to operate a Part A installation or Part A mobile plant, in the Belfast Gazette.
8. Any advertisement required by paragraph 7 shall—N.I.
(a)state the name of the applicant;
(b)in the case of an application for a permit to operate an installation or Part A mobile plant, state the address of the site of the installation or mobile plant;
(c)describe briefly the activities in Part 1 of Schedule 1 to be carried out in the installation or mobile plant;
(d)state that the application contains a description of any foreseeable significant effects of emissions from the installation or mobile plant on the environment;
(e)state where, and in the case of an application for a permit to operate a Part A installation, or Part A mobile plant how and at what times, any register which contains particulars of the application may be inspected and that it may be inspected free of charge;
(f)explain that any person may make written representations to the enforcing authority within the period of 42 days beginning with the date of the advertisement and give the enforcing authority’s address for receiving the representations; and
(g)explain that any such representations made by any person will be entered in a public register unless that person requests in writing that they should not be so entered, and that where such a request is made there will be included in the register a statement indicating only that representations have been made which have been the subject of such a request.
9. In the case of an application for a permit to operate a Part A installation or Part A mobile plant, the advertisement required by paragraph 7 shall, in addition to any information required by paragraph 8—N.I.
(a)explain that the register, specified in paragraph 8(e), contains the particulars of the application, including the information listed in paragraphs 1 to 4; and
(b)where applicable, state that the determination of the application is subject to a national or transboundary environmental impact assessment or to consultations ... in accordance with paragraph 22.
Textual Amendments
Commencement Information
10. Where an application is for a permit to operate more than one installation or mobile plant, the application and the advertisement required by paragraph 7 shall contain the information in relation to each installation or mobile plant.N.I.
[11. Paragraph 7 shall not apply in relation to an application for a permit to operate an installation involving only—N.I.
(1) the carrying out of an activity falling within heads (b), (c), (d) or (e) of Part C of section 1.2 of Part 1 of Schedule 1;
(2) dry cleaning, as defined in section 7 (SED activities) of Part 1 of Schedule 1; or
(3) the carrying out of an activity falling within head (b) of Part C of section 1.1 of Part 1 of Schedule 1.]
PART 2N.I.DETERMINATION OF APPLICATIONS
12.—(1) Subject to [paragraphs 13 and 30] , the enforcing authority shall, within the period of 14 days from the date of receiving a duly made application for a permit, give notice of the application, enclosing a copy of it, to the following persons—N.I.
(a)in the case of an application for a permit to operate an installation or Part A mobile plant, the Regional Agency for Public Health and Social Well-being in whose area the installation or mobile plant will be operated;
(b)in the case of an application for a permit to operate a Part A installation or Part A mobile plant—
(i)the Food Standards Agency();
(ii)where the operation of the installation or mobile plant may involve the release of any substance into a sewer vested in the Department for Regional Development, that Department;
(iii)where the operation of the installation or mobile plant may involve an emission which may affect an area of special scientific interest or a European site, the Department of the Environment;
(iv)where the operation of the installation or mobile plant may involve the release of any substance into a harbour managed by a harbour authority, that harbour authority;
(v)where the operation of the installation or mobile plant may involve the release of any substance directly into sea fisheries waters, the Department of Agriculture and Rural Development;
(vi)where the operation of the installation or mobile plant may involve the release of any substance directly into inland fisheries waters, the Department of Culture, Arts and Leisure;
(vii)where the operation of the installation or mobile plant may involve the release of any substance directly into waters under the control of the Loughs Agency or Waterways Ireland, the Loughs Agency or Waterways Ireland;
(viii)where the application will be determined by the chief inspector, the district council in whose district the installation or mobile plant will be operated; and
(ix)where the operation of the installation or mobile plant will involve the carrying out of a specified waste management activity, the Department of the Environment (Planning Service);
(c)in the case of an application for a permit to operate a Part B or Part C installation where the operation of the installation may involve an emission which may affect an area of special scientific interest or a European site, the Department of the Environment;
(d)in the case of an application for a permit to operate an installation or a Part A mobile plant on a site in respect of which a major accident prevention policy document is required [under regulation 7 of Control of Major Accident Hazards Regulations (Northern Ireland) 2015] () or a safety report is required [under Part 3 of those Regulations] , the Health and Safety Executive for Northern Ireland;
(e)in the case of an application for a permit to operate a Part C installation involving only the carrying out of an activity falling within heads (b), (c), (d) or (e) of Part C of section 1.2 of Part 1 of Schedule 1, the petroleum licensing authority for that installation; and
(f)in the case of all applications, such other persons as the Department may direct.
(2) In sub-paragraph (1)—
“European site” has the same meaning as in regulation 9(1) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995();
“harbour authority” has the same meaning as in section 38(1) of the Harbours Act (Northern Ireland) 1970();
“Health and Safety Executive for Northern Ireland” means the Health and Safety Executive established under Article 12 of the Health and Safety at Work (Northern Ireland) Order 1978();
“Regional Agency for Public Health and Social Well-being” means the Regional Agency for Public Health and Social Well-being established under Article 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009();
“The Loughs Agency” means an agency of the Foyle, Carlingford and Irish Lights Commission, the implementation body for aquaculture and marine matters established under Article 1 of the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland establishing implementation bodies();
“petroleum licensing authority” means a district council empowered to grant petroleum spirit licences under the Petroleum (Consolidation) Act (Northern Ireland) 1929();
“Waterways Ireland” means the implementation body for inland waterways established under Article 1 of the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland establishing implementation bodies.
Textual Amendments
Commencement Information
[13. Paragraph 12 does not apply in relation to an application for—N.I.
(1) a permit to operate an installation involving only dry cleaning as defined in section 7 (SED activities) of Part 1 of Schedule 1; or
(2) a permit to operate an installation or mobile plant carrying out only an activity falling within head (b) of Part C of section 1.1 of Part 1 of Schedule 1.]
14.—(1) If the enforcing authority proposes to grant a permit subject to an off-site condition, it shall, before granting the permit, give a notice which complies with sub-paragraph (2) to every person appearing to it to be a person falling within sub-paragraph (3).N.I.
(2) A notice served under sub-paragraph (1) shall—
(a)be in writing;
(b)set out the off-site condition in question;
(c)indicate the nature of the works or things which that condition might require the holder of the permit to carry out or do; and
(d)specify the period allowed for the purpose of paragraph 15 for making representations to the enforcing authority relating to the condition or its possible effects and the manner in which any such representations are to be made.
(3) A person falls within this sub-paragraph if—
(a)that person is the owner, lessee or occupier of land; and
(b)that land is land in relation to which it is likely that, as a consequence of the permit being issued subject to the off-site condition in question, rights will have to be granted by virtue of regulation 13(7) to the holder of the permit.
(4) In sub-paragraph (3), “owner” means the person who—
(a)is for the time being receiving the rack-rent of the land, whether on that persons own account or as agent or trustee for another person; or
(b)would receive the rack-rent if the land were let at a rack-rent,
but does not include a mortgagee not in possession.
15.—(1) Any representations made by any persons within the period allowed shall be considered by the enforcing authority in determining the application.N.I.
(2) For the purpose of sub-paragraph (1), the period allowed for making representations is—
(a)in the case of any person to whom notice is given pursuant to—
(i)paragraph 12, the period of 42 days beginning with the date on which notice is given; and
(ii)paragraph 14, the period specified in the notice;
(b)in the case of any other person—
(i)for applications, the period of 42 days; and
(ii)for draft determinations, the period of 20 working days,
beginning with the date on which the application or draft determination is advertised pursuant to paragraph 7 or 19.
16. In the case of an application for a permit to operate a Part A installation or Part A mobile plant, any relevant information obtained or conclusion arrived at, pursuant to Articles 5, 6, 7 and 9 of Directive 2011/92/EU() on the assessment of the effects of certain public and private projects on the environment [as last amended by Directive 2014/52/EU] , in relation to the installation shall be taken into consideration by the chief inspector in determining the application.N.I.
Textual Amendments
Commencement Information
17.—(1) The Department may give directions to the enforcing authority requiring that any particular application or any class of applications for a permit shall be referred to it for determination pending a further direction under sub-paragraph (13).N.I.
(2) The enforcing authority shall inform the applicant of the fact that the application is being referred to the Department and forward to the Department any representations which have been made to the enforcing authority within the period allowed.
(3) Where an application for a permit is referred to it under sub-paragraph (1), the Department may afford the applicant and the enforcing authority an opportunity of appearing before and being heard by a person appointed by the Department (the “appointed person”) and it shall do so in any case where a request is duly made by the applicant or the enforcing authority to be so heard.
(4) A request under sub-paragraph (3) shall be in writing and shall be made within the period of 21 days beginning with the day on which the applicant is informed that the application is being referred to the Department.
(5) A hearing held under sub-paragraph (3) may, if the appointed person so decides, be held, wholly or to any extent, in private.
(6) Where the Department causes a hearing to be held under sub-paragraph (3) it shall give the applicant and the enforcing authority at least 28 days notice (or such shorter period of notice as they may agree) of the date, time and place fixed for the holding of the hearing.
(7) In the case of a hearing under sub-paragraph (3) which is to be held wholly or partly in public, the Department shall, at least 21 days before the date fixed for the holding of the hearing—
(a)where the application relates to the operation of an installation or Part A mobile plant, publish a copy of the notice specified in sub-paragraph (6) in at least two newspapers circulating in the locality in which the installation or mobile plant is operated; and
(b)serve a copy of that notice on every person required to be notified under paragraph 12 and on any person who made representations to the enforcing authority with respect to the subject matter of the application.
(8) The Department may vary the date fixed for the holding of any hearing under sub-paragraph (3) and sub-paragraphs (6) and (7) shall apply to the variation of a date as they applied to the date originally fixed.
(9) The Department may also vary the time or place for the holding of a hearing under sub-paragraph (3) and shall give such notice of any variation as appears to it to be reasonable.
(10) The persons entitled to be heard at a hearing under sub-paragraph (3) are—
(a)the applicant;
(b)the enforcing authority; and
(c)any person required under paragraph 12 to be notified of the application.
(11) Nothing in sub-paragraph (10) shall prevent the appointed person from permitting any other persons to be heard at the hearing and such permission shall not be unreasonably withheld.
(12) After the conclusion of a hearing, the appointed person shall make a report in writing to the Department which shall include the appointed person’s conclusions and recommendations or his reasons for not making any recommendations.
(13) The Department shall, on determining any application transferred to it under this paragraph, give to the enforcing authority such a direction as it thinks fit as to whether it is to grant the application and, if so, as to the conditions that are to be attached to the permit.
18.—(1) Except in a case where an application has been referred to the Department under paragraph 17 and subject to paragraph 23, the enforcing authority shall give notice of—N.I.
(a)for Part A installations and for Part A mobile plant, its draft determination of an application for a permit, within the period of six months beginning with the day on which it received the duly made application;
(b)for Part B and Part C installations and Part B and Part C mobile plant, its determination of an application for a permit, within the period of six months beginning with the day on which it received the duly made application; and
(c)in any case, within such longer period as may be agreed with the applicant.
(2) For the purpose of calculating the periods mentioned in sub-paragraph (1) no account shall be taken of—
(a)any period beginning with the date on which notice is served on the applicant under paragraph 6 and ending on the date on which the applicant furnishes the information specified in the notice;
(b)any period allowed for making representations in relation to a notice given pursuant to paragraph 14 in so far as that period does not overlap with any other period allowed for making representations in accordance with paragraph 15;
(c)where a matter falls to be determined under regulation 34 or 35, any period beginning with the date on which the period of 28 days referred to in paragraph 7 ends and ending on the date on which the application is advertised in accordance with paragraph 30(a);
(d)where separate applications are made to operate different parts of one installation, any period beginning with the date on which notice is served on any of the applicants under paragraph 6 and ending on the date on which the applicant furnishes the information specified in the notice.
19.—(1) The enforcing authority shall—N.I.
(a)within a period of 3 working days beginning with the date on which notice of a draft determination is given pursuant to paragraph 18(1)(a), advertise the notice on its web-site, and if it considers it appropriate, by any other means; and
(b)take all relevant steps specified in the advertisement as falling to be carried out by the enforcing authority, within the time-periods set out in that advertisement.
(2) In the case of a notice of a draft determination in respect of an application which has been forwarded by the Department to [a] Member State under paragraph 22, the enforcing authority shall forward copies of the draft determination and of the advertisement made pursuant to this paragraph to the Department at the same time as the draft determination is advertised.
Textual Amendments
Commencement Information
20.—(1) An advertisement required by paragraph 19 shall—N.I.
(a)explain where, how and at what times any register which contains—
(i)any additional information which is relevant to the determination of the application which has become available after the application is advertised pursuant to paragraph 7;
(ii)a copy of the draft determination;
(iii)information on any guidance issued by the Department to the enforcing authority relevant to the application; and
(iv)information on the arrangements for public participation and the reasons and considerations on which the draft determination is based,
may be inspected and that it may be inspected free of charge;
(b)explain that any person may make representations in writing to the enforcing authority within the period of 20 working days beginning with the date of the advertisement and give the enforcing authority’s address for receiving representations;
(c)explain that where—
(i)no representations are made to the enforcing authority within the period referred to in head (b) and, where applicable, within the period specified under paragraph 24 for the Department to forward representations to the enforcing authority, the enforcing authority shall—
(aa)give notice of its determination; and
(bb)include in the register a copy of the final determination, together with a statement confirming that no representations have been made on the draft determination,
within the period of 5 working days from the date on which the period referred to in head (b) ends or, where applicable, the day on which the period specified under paragraph 24 for the Department to forward representations to the enforcing authority ends; or
(ii)representations are made within the period referred to in head (b), and where applicable, within the period specified under paragraph 24 for the Department to forward representations to the enforcing authority, the enforcing authority shall—
(aa)give notice of its determination;
(bb)include in the register a copy of the final determination, together with information on the reasons and considerations on which the determination is based, including information on the public participation process; and
(cc)advertise the notice on its web-site, and if it considers appropriate, by any other means,
within the period of 15 working days from the day on which the period referred to in head (b) ends or, where applicable, the day on which the period specified under paragraph 24 for the Department to forward representations to the enforcing authority ends or within such longer period as may be agreed with the applicant.
(2) Where the draft determination has been forwarded to the Department pursuant to paragraph 19 (2)—
(a)the enforcing authority shall forward to the Department a copy of the final determination and the information specified in sub-paragraph (1)(c)(i)(bb) or (1)(c)(ii)(bb), by the date by which it is required to give notice of its determination under sub-paragraph (1)(c)(i) or (1)(c)(ii); and
(b)the Department shall forward to the Member State to which the draft determination has been forwarded under paragraph 22, copies of the documents specified in the previous head, as soon as practicable after the date of receipt.
21. If the enforcing authority fails to give notice of its determination or draft determination of an application for a permit within the applicable period allowed by or under paragraph 18 or paragraph 20, the application shall, if the applicant notifies the authority in writing that he treats the failure as such, be deemed to have been refused at the end of that period.N.I.
22. Where the Department is aware that the operation of an installation carrying out an activity listed in Annex I to the IED in Northern Ireland is likely to have significant negative effects on the environment of [a] Member State, or where [a] Member State likely to be significantly affected so requests, the Department shall forward—N.I.
(a)a copy of the application to operate the installation together with a copy of the advertisement made under paragraph 7; and
(b)where applicable, a copy of the draft determination in respect of that application together with a copy of the advertisement made under paragraph 19,
to [that Member State] at the same time as the application or draft determination is advertised pursuant to paragraph 7 or 19, (or as soon as it becomes so aware or receives such a request, if it becomes so aware or receives such a request after the application or draft determination is advertised but before the application is determined) in order that the application or draft determination may serve as the basis for any consultations necessary in the framework of the bilateral relations between the United Kingdom and [that Member State] on a reciprocal and equivalent basis, as referred to in Article 26 of the IED.
Textual Amendments
Commencement Information
23.—(1) Where an application is forwarded to [a ]Member State pursuant to paragraph 22, the Department shall notify the applicant and the chief inspector and, in a case where the application has not been referred to the Department under paragraph 17—N.I.
(a)the chief inspector shall not determine the application or provide his draft determination until the Department has notified him in writing that the bilateral consultations mentioned in paragraph 22 have been completed and has forwarded to him any representations duly made on the application by persons in [that Member State] which have been forwarded to the Department; and
(b)the period within which to give notice of the determination or to provide a draft determination of the application set out in paragraph 18 shall begin on the date on which the chief inspector receives the Department’s notification that the bilateral consultations have been completed.
(2) In determining an application which is forwarded to [a ] Member State pursuant to paragraph 22 the chief inspector, or the Department if the application has been referred to it, shall take into consideration any representations duly made in [that Member State] which have been forwarded to the Department.
Textual Amendments
Commencement Information
24. Any representations on the draft determination made in the Member State to which the draft determination has been sent, which have been received by the Department within the period of 22 working days from the date of the Department’s receipt of the draft determination from the enforcing authority, shall be forwarded to the enforcing authority within the period of 3 working days beginning on the day after that period ends.N.I.
25.—(1) For the purposes of Parts 1 and 2 “working day” means a day which is not a Saturday or a Sunday, Christmas Day, Good Friday or a bank holiday in Northern Ireland under the Banking and Financial Dealings Act 1971()N.I.
(2) in paragraphs 22, 23 and 24, “Member State” shall be taken to include Norway, Iceland and Liechtenstein.
PART 3N.I.NATIONAL SECURITY AND CONFIDENTIAL INFORMATION
26. The requirements of paragraph 7 shall not apply in so far as they would require the advertisement of information mentioned in paragraph 8 which is not to be included in the register by virtue of regulation 34 or 35.N.I.
27. The requirements of paragraph 12, other than paragraph 12(f), shall not apply in so far as they would require a person mentioned in any of those provisions to be given information which is not included in the register by virtue of regulation 34.N.I.
28. Subject to paragraph 29, the requirements of paragraph 12(1)(b)(ii), (iii) and (iv) and (c), shall not apply in so far as they would require a person mentioned in any of those provisions to be given information which is not included in the register by virtue of regulation 35.N.I.
29. Paragraph 28 shall not apply in relation to information which is not included in the register by virtue of regulation 35 in so far as—N.I.
(a)in the case of the Department for Regional Development, the information is about the release of any substance into a sewer vested in the Department for Regional Development;
(b)in the case of the Department of the Environment, the information is about the release of any substance which may affect a site of special scientific interest or a European site; or
(c)in the case of a harbour authority, the information is about the release of any substance into a harbour managed by that person.
30. Where a matter falls to be determined under regulation 34 or 35—N.I.
(a)the period within which an advertisement is to be published under paragraph 7 shall be 28 days beginning 14 days after the day on which the matters to be determined under those regulations are finally disposed of; and
(b)the period for notification under paragraph 12(1) shall be the period of 14 days beginning 14 days after the day on which the matters to be determined under those regulations are finally disposed of.
31. For the purpose of paragraph 30, the matters to be determined under regulation 34 or 35 are finally disposed of—N.I.
(a)in a case where the Secretary of State determines under regulation 34 whether or not information is to be included in the register, on the date on which the Secretary of State so determines;
(b)in a case where the enforcing authority determines under regulation 35(2) or (5) that the information in question is commercially confidential, on the date of the enforcing authority’s determination;
(c)in a case where the enforcing authority determines under regulation 35(2) or (5) that the information in question is not commercially confidential, on the date on which the period for bringing an appeal expires without an appeal being brought or, if such an appeal is brought within that period, on the date of the final determination of the appeal by the Planning Appeals Commission or the date on which the appeal is withdrawn.
Regulation 12(2)
SCHEDULE 5N.I.POLLUTANTS
Indicative list of the main polluting substances to be taken into account if they are relevant for fixing emission limit values:
AIRN.I.
1. Sulphur dioxide and other sulphur compounds.
2. Oxides of nitrogen and other nitrogen compounds.
3. Carbon monoxide.
4. Volatile organic compounds.
5. Metals and their compounds.
6. Dust including fine particulate matter.
7. Asbestos (suspended particulates, fibres).
8. Chlorine and its compounds.
9. Fluorine and its compounds.
10. Arsenic and its compounds.
11. Cyanides.
12. Substances and mixtures which have been proved to possess carcinogenic or mutagenic properties or properties which may affect reproduction via the air.
13. Polychlorinated dibenzodioxins and polychlorinated dibenzofurans.
WATERN.I.
1. Organohalogen compounds and substances which may form such compounds in the aquatic environment.
2. Organophosphorus compounds.
3. Organotin compounds.
4. Substances and mixtures which have been proved to possess carcinogenic or mutagenic properties or properties which may affect reproduction in or via the aquatic environment.
5. Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances.
6. Cyanides.
7. Metals and their compounds.
8. Arsenic and its compounds.
9. Biocides and plant protection products.
10. Materials in suspension.
11. Substances which contribute to eutrophication (in particular, nitrates and phosphates).
12. Substances which have an unfavourable influence on the oxygen balance (and can be measured using parameters such as BOD, COD, etc.).
13. Substances listed in Annex X to Directive 2000/60/EC().
Regulation 13(8)
SCHEDULE 6N.I.COMPENSATION IN RELATION TO OFF-SITE CONDITIONS
1.—(1) This Schedule applies in any case where—N.I.
(a)an operator is required by an off-site condition in his permit to carry out works or do other things in relation to land not forming part of the site of the installation or mobile plant notwithstanding that he is not entitled to carry out the works or do the things;
(b)a person whose consent is required has, pursuant to the requirements of regulation 13(7), granted, or joined in granting, to the operator any rights in relation to the land; and
(c)those rights, or those rights together with other rights, are such as will enable the operator to comply with any requirements imposed on him by the off-site condition.
(2) In this Schedule—
“grantor” means a person mentioned in sub-paragraph (1)(b);
“relevant interest” means an interest in land out of which rights have been granted pursuant to the requirements of regulation 13(7).
2. In a case where this Schedule applies, any person who has granted, or joined in granting, the rights in question shall be entitled to be paid compensation under this Schedule by the operator.N.I.
3. Subject to paragraph 6(3) and (5)(b), compensation shall be payable under this Schedule for loss and damage of the following descriptions—N.I.
(a)depreciation in the value of any relevant interest to which the grantor is entitled which results from the grant of the rights;
(b)depreciation in the value of any other interest in land to which the grantor is entitled which results from the exercise of the rights;
(c)loss or damage, in relation to any relevant interest to which the grantor is entitled, which—
(i)is attributable to the grant of the rights or the exercise of them;
(ii)does not consist of depreciation in the value of that interest; and
(iii)is loss or damage for which he would have been entitled to compensation by way of compensation for disturbance if that interest had been acquired compulsorily under the Local Government Act (Northern Ireland) 1972() in pursuance of a notice of intention to vest served on the date on which the rights were granted;
(d)damage to, or injurious affection of, any interest in land to which the grantor is entitled which is not a relevant interest, and which results from the grant of the rights or the exercise of them; and
(e)loss in respect of work carried out by or on behalf of the grantor which is rendered abortive by the grant of the rights or the exercise of them.
4.—(1) Subject to sub-paragraph (2), an entitlement to compensation under this Schedule arises on the date of the grant of the rights.N.I.
(2) Where, after a grant of rights pursuant to regulation 13(7), the conditions of the permit which rendered the grant of rights necessary are upheld on the final determination of an appeal against those conditions, the entitlement to compensation arises on the date of the final determination of the appeal.
5.—(1) An application for compensation under this Schedule shall be made by the grantor—N.I.
(a)within 12 months from the date on which the entitlement to compensation arises in his case, or, as he may decide;
(b)within six months from the date on which the rights are first exercised.
(2) An application shall be made in writing to the operator to whom the rights were granted and delivered at or sent by pre-paid post to the last known address for correspondence of that person.
(3) The application shall contain, or be accompanied by—
(a)a copy of the grant of rights in respect of which the grantor’s entitlement arises, and of any plans attached to that grant;
(b)a description of the exact nature of any interest in land in respect of which compensation is applied for;
(c)a statement of the amount of compensation applied for, distinguishing the amounts applied for under each of heads (a) to (e) of paragraph 3, and showing how the amount applied for under each head has been calculated; and
(d)where the date on which the entitlement to compensation arises is ascertained in accordance with paragraph 4(2), a copy of the notice of the final determination of the appeal.
6.—(1) The amount to be paid by way of compensation under this Schedule shall be assessed in accordance with the following sub-paragraphs.N.I.
(2) The rules set out in Article 6 of the Land Compensation (Northern Ireland) Order 1982() (rules for assessing compensation) shall, so far as applicable and subject to any necessary modifications, have effect for the purposes of this paragraph as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.
(3) No account shall be taken of any enhancement of the value of any interest in land, by reason of any building erected, work done or improvement or alteration made on any land in which the grantor is, or was at the time of erection, doing or making, directly or indirectly concerned, if the Lands Tribunal is satisfied that the erection of the building, the doing of the work, the making of the improvement or the alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.
(4) In calculating the amount of any loss under paragraph 3(e) expenditure incurred in the preparation of plans or on other similar preparatory matters, shall be taken into account.
(5) Where the interest in respect of which compensation is to be assessed is subject to a mortgage—
(a)the compensation shall be assessed as if the interest were not subject to the mortgage; and
(b)no compensation shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage).
(6) Compensation under this Schedule shall include an amount equal to the grantor’s reasonable valuation and legal expenses.
7.—(1) Compensation payable under this Schedule in respect of an interest which is subject to a mortgage shall be paid to the mortgagee or, if there is more than one mortgagee, to the first mortgagee and shall, in either case, be applied by him as if it were proceeds of sale.N.I.
(2) Amounts of compensation determined under this Schedule shall be payable—
(a)where the operator and the grantor or mortgagee agree that a single payment is to be made on a specified date, on that date;
(b)where the operator and the grantor or mortgagee agree that payment is to be made in instalments at different dates, on the date agreed as regards each instalment;
(c)in any other case, subject to any direction of the Lands Tribunal or the court, as soon as reasonably practicable after the amount of the compensation has been finally determined.
(3) Any question of the application of paragraph 6(3) or of disputed compensation shall be referred to and determined by the Lands Tribunal.
(4) In relation to the determination of any such question, Articles 4 and 5 of the Land Compensation (Northern Ireland) Order 1982 (procedure on reference to the Lands Tribunal and costs) shall apply as if—
(a)the reference in Article 4(1) of that Order to Article 3 of that Order were a reference to sub-paragraph (3) of this paragraph; and
(b)references in Article 5 of that Order to the acquiring authority were references to the operator.
8.—(1) Compensation payable under this Schedule shall carry interest at the rate determined for the time being under paragraph 18 of Schedule 6 to the Local Government Act (Northern Ireland) 1972 from the date specified in sub-paragraph (2) until payment.N.I.
(2) The date specified in this sub-paragraph is—
(a)in the case of compensation payable by virtue of paragraph 3(a) or (b), the date of depreciation;
(b)in the case of compensation payable by virtue of paragraph 3(c), (d) or (e), the date on which the loss is sustained or the damage done or, where injurious affection is sustained, the date of the injurious affection; and
(c)in the case of compensation payable by virtue of paragraph 6(6), the date on which the expenses become payable.
(3) If it appears to any person that he may become liable to pay to another compensation under this Schedule or interest under this paragraph he may, if the other person requests him in writing to do so, make one or more payments on account of such compensation or interest.
(4) If, after a payment has been made by any person under sub-paragraph (3)—
(a)it is agreed or determined that he is not liable to pay compensation or interest; or
(b)by reason of any agreement or determination, any payment under that sub-paragraph is shown to be excessive,
the payment or excess shall be recoverable by that person.
Regulation 19
SCHEDULE 7N.I.VARIATION OF CONDITIONS
PART 1N.I.APPLICATIONS FOR VARIATION OF CONDITIONS
1. An application under regulation 19(2) for the variation of the conditions of a permit shall be in writing and shall contain the following information—N.I.
(a)the name of the operator, his telephone number and address (including post code) and, if different, the address to which correspondence relating to the application should be sent;
(b)in the case of a permit to operate a Part A installation or Part A mobile plant, the address of the site of the installation or mobile plant to which the permit applies;
(c)if appropriate, a description of the proposed change in the operation of the installation or mobile plant requiring the variation and a statement of any changes as respects the matters dealt with in paragraph 1(1)(e) to (i) of Schedule 4, and, for Part A installations and Part A mobile plant, paragraph 1(2)(b) and (c) of that Schedule, which would result if the proposed change were made;
(d)in the case of a variation required by a proposed substantial change in the operation of a Part A installation, any relevant information obtained or conclusion arrived at in relation to the proposed change pursuant to Articles 5, 6, 7 and 9 of Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment;
(e)a description of the variations to the conditions of the permit which the operator wishes the enforcing authority to make;
(f)any additional information which the operator wishes the enforcing authority to take into account in considering his application; and
(g)in the case of an application for the variation of the conditions of a permit in respect of a waste incineration installation, the information specified in paragraph 2 of Schedule 4, or where such information has previously been included in an application made under these Regulations, a statement of any changes as respects the matters dealt with in paragraph 2 of that Schedule which would result if the proposed change in the operation of the installation or mobile plant requiring the variation were made.
2. If a proposed change in the operation of a Part A installation or Part A mobile plant, which is used to carry out an activity listed in Annex [I] of the IED, will result in additional land being included within the site of the installation or mobile plant, the application shall also contain a site report for that additional land describing the condition of the land, in particular, identifying any substance in, on or under the land which may constitute a pollution risk.N.I.
Textual Amendments
Commencement Information
3. An application under regulation 19(2) for the variation of the conditions of a permit for a Part A installation or Part A mobile plant which—N.I.
(a)uses, produces or emits hazardous substances;
(b)has not previously submitted a baseline report; and
(c)is used to carry out activities listed in Annex [I] of the IED,
shall also contain a baseline report.
Textual Amendments
Commencement Information
4. The enforcing authority may, by notice in writing to the operator, require him to furnish such further information specified in the notice, within the period so specified, as the enforcing authority may require for the purpose of determining the application and if the operator fails to furnish the specified information within the period specified the application shall, if the enforcing authority gives notice in writing to the operator that it treats the failure as such, be deemed to have been withdrawn at the end of that period.N.I.
5.—(1) Subject to sub-paragraph (2), this paragraph shall apply where an application is made for the variation of the conditions of a permit under regulation 19(2) which will authorise—N.I.
(a)a substantial change in the operation of an installation or mobile plant;
(b)a variation of the conditions of a permit where regulation 13(3) applies; or
(c)a variation of the conditions of a permit in any other case where the enforcing authority determines that the procedure set out in sub-paragraph (3) should apply even though heads (a) and (b) do not apply.
(2) This paragraph shall not apply to an application for the variation of conditions of a permit in relation to an installation carrying out only dry cleaning activities as defined in sub-paragraph (2) of Part C of section 7 of Part 1 of Schedule 1.
(3) The enforcing authority shall, subject to paragraph 24(a), within the period of 14 days from the date of receiving the application—
(a)notify the operator in writing that this paragraph applies and of any fee prescribed in respect of the application for variation under regulation 25;
(b)give notice in writing of the application, enclosing a copy of it, to the persons to whom notice would have to be given in accordance with paragraph 12 of Schedule 4 in the case of an application for a permit to operate the particular installation or mobile plant.
(4) For the purpose of calculating the period of 14 days mentioned in sub-paragraph (3) no account shall be taken of any period beginning with the date on which notice is served on an operator under paragraph 4 and ending on the date on which the operator furnishes the information specified in the notice.
(5) If the applicant does not pay to the enforcing authority any fee notified under sub-paragraph (3)(a) within 28 days of the notification the application shall be deemed to have been withdrawn.
6.—(1) Subject to paragraph 24(b), an operator notified under paragraph 5(3)(a) shall, within the period of 28 days from the date on which the notification is made, advertise the application—N.I.
(a)in the case of a variation affecting the operation of an installation or Part A mobile plant in at least one newspaper circulating in the locality in which the installation or mobile plant is operated; and
(b)in the case of a Part A installation or Part A mobile plant, in the Belfast Gazette.
(2) An advertisement required by sub-paragraph (1) shall—
(a)state the name of the operator;
(b)in the case of a variation affecting the operation of a Part A installation or Part A mobile plant, state the address of the site of the installation or mobile plant concerned;
(c)describe briefly the activities in Part 1 of Schedule 1 carried out in the installation or by means of the mobile plant and the change in the operation of the installation or mobile plant that will be authorised by the variation;
(d)state where, and in the case of a variation affecting the operation of a Part A installation, how and at what times, any register which contains particulars of the application may be inspected and that it may be inspected free of charge;
(e)explain that any person may make representations in writing to the enforcing authority within the period of 42 days beginning with the date of the advertisement and give the enforcing authority’s address for receiving the representations;
(f)explain that any such representations made by any person will be entered in a public register unless that person requests in writing that they should not be so entered, and that where such a request is made there will be included in the register a statement indicating only that representations have been made which have been the subject of such a request;
(g)in the case of a variation affecting the operation of a Part A installation or Part A mobile plant—
(i)explain that the particulars of the application contained in the register specified in head (d) include the information listed in paragraph 1; and
(ii)where applicable, state that the determination of the application is subject to a national or transboundary environmental impact assessment or to consultations ... in accordance with paragraph 17.
(3) Sub-paragraph (1) shall not apply in relation to an application for the variation of the conditions of a permit relating to an installation which is only used to carry out an activity falling within paragraph (b), (c), (d) or (e) of Part C of section 1.2 of Part 1 of Schedule 1.
(4) Any representations made by any person within the period allowed shall be considered by the enforcing authority in determining the application.
(5) For the purpose of sub-paragraph (4), the period allowed for making representations is—
(a)in the case of persons notified pursuant to paragraphs 5(3)(b), the period of 42 days beginning with the date on which notice of the application is given under that sub-paragraph;
(b)in the case of other persons—
(i)for applications, the period of 42 days; and
(ii)for draft determinations, the period of 20 working days,
beginning with the date on which the application, or the draft determination, is advertised pursuant to sub-paragraph (1) or paragraph 9.
Textual Amendments
Commencement Information
7.—(1) The Department may give directions to the enforcing authority requiring that any particular application under regulation 19(2) or any class of such applications shall be referred to it for determination pending a further direction under sub-paragraph (13).N.I.
(2) The enforcing authority shall inform the operator of the fact that his application is being referred to the Department and forward to the Department any representations which have been made to the enforcing authority within the period allowed.
(3) Where an application for the variation of the conditions of a permit is referred to it under sub-paragraph (1) the Department may afford the operator and the enforcing authority an opportunity of appearing before and being heard by a person appointed by it (the “appointed person”) and it shall do so in any case where a request is duly made by the operator or the enforcing authority to be so heard.
(4) A request under sub-paragraph (3) shall be in writing and shall be made within the period of 21 days beginning with the day on which the operator is informed that his application is being referred to the Department.
(5) A hearing held under sub-paragraph (3) shall, if the appointed person so decides, be held wholly or to any extent directed by the appointed person, in private.
(6) Where the Department causes a hearing to be held under sub-paragraph (3), it shall give the operator and the enforcing authority at least 28 days notice (or such shorter period of notice as they may agree) of the date, time and place fixed for the holding of the hearing.
(7) In the case of a hearing under sub-paragraph (3) which is to be held wholly or partly in public, the Department shall, at least 21 days before the date fixed for the holding of the hearing—
(a)where the application relates to the operation of an installation or Part A mobile plant, publish a copy of the notice mentioned in sub-paragraph (6) in at least two newspapers circulating in the locality in which the installation or mobile plant is operated; and
(b)serve a copy of that notice on every person required to be notified under paragraph 5(3)(b) and on every person who made representations to the enforcing authority with respect to the subject matter of the application.
(8) The Department may vary the date fixed for the holding of any hearing under sub-paragraph (3) and sub-paragraphs (6) and (7) shall apply to the variation of a date as they applied to the date originally fixed.
(9) The Department may also vary the time or place for the holding of a hearing under sub-paragraph (3) and shall give such notice of any variation as appears to it to be reasonable.
(10) The persons entitled to be heard at a hearing under sub-paragraph (3) are—
(a)the operator;
(b)the enforcing authority; and
(c)any person required under paragraph 5(3)(b) to be notified of the application.
(11) Nothing in sub-paragraph (10) shall prevent the appointed person from permitting any other persons to be heard at the hearing and such permission shall not be unreasonably withheld.
(12) After the conclusion of a hearing, the appointed person shall make a report in writing to the Department which shall include his conclusions and recommendations or his reasons for not making any recommendations.
(13) The Department shall, on determining any application referred to it under this paragraph, give to the enforcing authority such a direction as it thinks fit as to whether the enforcing authority is to vary the conditions of the permit and, if so, as to the conditions that are to be attached to the permit by means of the variation notice.
8.—(1) Except in a case where an application under regulation 19(2) has been referred to the Department under paragraph 7 and subject to paragraph 18, the enforcing authority shall give notice of—N.I.
(a)its determination of an application under regulation 19(4); or
(b)in the case of an application affecting the operation of a Part A installation or Part A mobile plant, to which paragraph 5 applies, its draft determination in accordance with paragraph 9,
within the period specified in sub-paragraph (2).
(2) The period for the purposes of sub-paragraph (1) is as follows—
(a)where paragraph 5 applies, the period of six months beginning with the day on which the enforcing authority received the application;
(b)where paragraph 5 does not apply, the period of three months beginning with the day on which the enforcing authority received the application; or
(c)in either case, such longer period as may be agreed with the operator.
(3) For the purpose of calculating the periods mentioned in sub-paragraph (2) no account shall be taken of—
(a)any period beginning with the date on which notice is served on an operator under paragraph 4 and ending on the date on which the operator furnishes the information specified in the notice;
(b)any period allowed for making representations in relation to a notice given pursuant to paragraph 6 in so far as that period does not overlap with any other period allowed for making representations in accordance with paragraph 6(5); and
(c)where the matter falls to be determined under regulation 34 or 35, any period beginning with the date on which the period of 28 days referred to in paragraph 6(1) ends and ending on the date on which the application is advertised in accordance with paragraph 24(b).
9.—(1) The enforcing authority shall give notice of their draft determination of an application for a Part A installation or Part A mobile Plant, to which paragraph 5 applies, and shall—N.I.
(a)within the period of 3 working days beginning with the date on which notice of a draft determination is given, advertise the draft variation notice on its web-site and, if it considers it appropriate, by any other means; and
(b)take all relevant steps specified in the advertisement as falling to be carried out by the enforcing authority, within the time periods set out in that advertisement.
(2) In the case of a notice of a draft determination in respect of an application which has been forwarded by the Department to [a] Member State under paragraph 17, the enforcing authority shall forward copies of the draft determination and of the advertisement made pursuant to this paragraph to the Department at the same time as the draft determination is advertised.
Textual Amendments
Commencement Information
10.—(1) An advertisement required by paragraph 9 shall—N.I.
(a)explain where, how and at what times any register which contains—
(i)any additional information which is relevant to the determination of the application which has become available after the application is advertised pursuant to paragraph 6(1);
(ii)a copy of the draft determination;
(iii)information on any guidance issued by the Department to the enforcing authority relevant to the application; and
(iv)information on the arrangements for public participation and the reasons and considerations on which the draft determination is based,
may be inspected and that it may inspected free of charge;
(b)explain that any person may make representations in writing to the enforcing authority within the period of 20 working days beginning with the date of the advertisement and give the enforcing authority’s address for receiving representations;
(c)explain that where—
(i)no representations are made to the enforcing authority within the period referred to in head (b) and, where applicable, within the period specified under paragraph 20 for the Department to forward representations to the enforcing authority, the enforcing authority shall—
(aa)give notice of its determination; and
(bb)include in the register a copy of the final determination, together with a statement confirming that no representations have been received by the enforcing authority on the draft determination,
within the period of 5 working days beginning on the day on which the period referred to in head (b) ends or, where applicable, the day on which the period specified under paragraph 20 for the Department to forward representations to the enforcing authority ends; or
(ii)representations are made within the period referred to in head (b) and, where applicable, within the period specified under paragraph 20 for the Department to forward representations to the enforcing authority, the enforcing authority shall—
(aa)give notice of its determination;
(bb)include in the register a copy of the variation, together with information on the reasons and considerations on which the variation is based, including information on the public participation process; and
(cc)advertise the notice on its web-site and, if it considers it appropriate, by any other means,
within the period of 15 working days beginning with the day on which the period referred to in head (b) ends or, where applicable, the day on which the period specified under paragraph 20 for the Department to forward representations to the enforcing authority ends or within such longer period as may be agreed with the applicant.
(2) Where the draft determination has been forwarded to the Department pursuant to paragraph 9(2)—
(a)the enforcing authority shall forward to the Department a copy of the final determination and the information specified in sub-paragraph (1)(c)(i)(bb) or (1)(c)(ii)(bb) as the case may be, by the date by which it is required to give notice of its determination under sub-paragraph (1)(c)(i) or (1)(c)(ii); and
(b)the Department shall forward to the Member State to which the draft determination has been forwarded under paragraph 17, copies of the documents specified in the previous head as soon as possible after the date of receipt.
11. If the enforcing authority fails to give notice of its determination or draft determination of an application for a variation of the conditions of a permit within the applicable period allowed by or under paragraph 8 or 10, the application shall, if the operator notifies the authority in writing that he treats the failure as such, be deemed to have been refused at the end of that period.N.I.
PART 2N.I.VARIATION NOTICES
12.—(1) Subject to paragraph (2), this paragraph applies where the enforcing authority proposes to serve a variation notice under regulation 19(5) where no application was made, and the variation will—N.I.
(a)authorise a substantial change in the operation of an installation or a mobile plant;
(b)vary the conditions of a permit to operate a Part A installation as a result of a review under regulation 17(2)(a);
(c)vary the conditions of a permit where regulation 13(3) applies; or
(d)vary the conditions of a permit and the enforcing authority determines that in the particular circumstances the procedure set out in the following sub-paragraphs should be followed even though heads (a), (b) and (c) do not apply.
(2) This paragraph shall not apply—
(a)where the enforcing authority proposes to serve a variation notice—
(i)which has been modified to take account of representations made in accordance with this paragraph in relation to the enforcing authority’s previous proposal to serve the notice without the modifications; or
(ii)in order to comply with a direction given by the Department; or
(b)to a proposed variation notice in relation to an installation carrying out only dry cleaning activities as defined in sub-paragraph (2) of Part C of section 7 of Part 1 of Schedule 1.
(3) Where this paragraph applies the enforcing authority shall, subject to paragraph 24(a)—
(a)notify the operator in writing that this paragraph applies and of any fee prescribed in respect of the variation under regulation 25;
(b)serve a copy of the proposed variation notice on the operator;
(c)give notice in writing of the proposed variation notice, enclosing a copy of it, to the persons to whom notice would have to be given in accordance with paragraph 12 of Schedule 4 in the case of an application for a permit to operate the particular installation or mobile plant; and
(d)in the case of a proposed variation notice affecting the operation of a Part A installation or Part A mobile plant, provide the operator with—
(i)information on the reasons and considerations on which that proposed variation notice is based; and
(ii)information on any guidance issued by the Department to the enforcing authority relevant to the determination of the proposed variation.
(4) Where this paragraph applies to a variation affecting the operation of a Part A installation, any relevant information obtained or conclusion arrived at pursuant to Articles 5, 6, 7 and 9 of Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment in relation to the substantial change shall be taken into consideration by the chief inspector before serving the variation notice.
13. The chief inspector shall notify the operator of a Part A installation or Part A mobile plant which—N.I.
(a)uses, produces or emits hazardous substances;
(b)has not previously submitted a baseline report;
(c)carries out or will carry out activities listed in Annex [I] of the IED; and
(d)is having a permit varied due to—
(i)a review of conditions under regulation 17; or
(ii)a substantial change,
of the requirement to submit a baseline report within the time specified by the chief inspector, and shall not serve a variation notice until such time as a baseline report is submitted.
Textual Amendments
Commencement Information
14.—(1) Subject to paragraph 24(b), an operator notified under paragraph 12(3)(a) shall, within 28 days beginning on the day on which the notification is made, advertise the proposed variation notice—N.I.
(a)in the case of a variation affecting the operation of an installation or Part A mobile plant in at least one newspaper circulating in the locality in which the installation or mobile plant is operated; and
(b)in the case of a Part A installation or Part A mobile plant, in the Belfast Gazette.
(2) An advertisement required by sub-paragraph (1) shall—
(a)state the name of the operator;
(b)in the case of a variation affecting the operation of an installation or Part A mobile plant, state the address of the site of the installation or mobile plant concerned;
(c)describe briefly the activities in Part 1 of Schedule 1 carried out in the installation or by means of the mobile plant and the change in the operation of the installation or mobile plant that will be authorised by the variation;
(d)state where, and in the case of a variation affecting the operation of a Part A installation, how and at what times, any register which contains—
(i)particulars of the proposed variation; and
(ii)in the case of a proposed variation notice affecting the operation of a Part A installation, a copy of the proposed variation notice and the information provided by the enforcing authority under paragraph 12(3)(d)(i) on the reasons and considerations on which that proposed variation notice is based,
may be inspected and that it may be inspected free of charge;
(e)explain that any person may make representations in writing to the enforcing authority within the period of 42 days beginning with the date of the advertisement and give the enforcing authority’s address for receiving the representations;
(f)explain that any such representations made by any person will be entered in a public register unless that person requests in writing that they should not be so entered, and that where such a request is made there will be included in the register a statement indicating only that representations have been made which have been the subject of such a request;
(g)in the case of a variation affecting the operation of a Part A installation or Part A mobile plant—
(i)describe the contents of the proposed variation notice;
(ii)where applicable, state that the serving of the variation notice is subject to a national or transboundary environmental impact assessment or to consultations ... in accordance with paragraph 17; and
(iii)where applicable, explain that any guidance issued by the Department to the enforcing authority relevant to the serving of the proposed variation which has been provided to the operator under paragraph 12(3)(d)(ii), has been included in the register.
(3) Sub-paragraph (1) shall not apply in relation to a proposed variation notice relating to an installation which is only used to carry out an activity falling within paragraph (b), (c), (d) or (e) of Part C of section 1.2 of Part 1 of Schedule 1.
(4) Any representations made by any person within the period allowed shall be considered by the enforcing authority before serving the variation notice.
(5) For the purpose of paragraph (4), the period allowed for making representations is—
(a)in the case of persons notified pursuant to paragraphs 12(3)(c), the period of 42 days beginning with the date on which notice of the proposed variation notice is given under that sub-paragraph; or
(b)in the case of other persons, the period of 42 days beginning with the date on which the proposed variation notice is advertised pursuant to sub-paragraph (1).
Textual Amendments
Commencement Information
15.—(1) If the enforcing authority proposes to serve a variation notice which will result in the inclusion of an off-site condition in the permit concerned, it shall, before serving the variation notice, give a notice which complies with sub-paragraph (3) to every person appearing to it to be a person falling within sub-paragraph (2).N.I.
(2) A person falls within this sub-paragraph if—
(a)he is the owner, lessee or occupier of land; and
(b)that land is land in relation to which it is likely that, as a consequence of the off-site condition in question, rights will have to be granted by virtue of regulation 13(7) to the holder of the permit.
(3) A notice served under sub-paragraph (1) shall—
(a)be in writing;
(b)set out the off-site condition in question;
(c)indicate the nature of the works or things which that condition might require the holder of the permit to carry out or do; and
(d)specify a period, not being less than 28 days beginning on the date on which the notice is served, in which representations may be made to the enforcing authority relating to the condition or its possible effects and the manner in which any such representations are to be made.
(4) In sub-paragraph (2), “owner” means the person who—
(a)is for the time being receiving the rack-rent of the land, whether on his own account or as agent or trustee for another person; or
(b)would receive the rack-rent if the land were let at a rack-rent,
but does not include a mortgagee not in possession.
(5) Any representations made by a person notified under sub-paragraph (1) within the period specified under sub-paragraph (3)(d) shall be considered by the enforcing authority before serving the variation notice.
16.—(1) In the case of a proposed variation notice affecting the operation of a Part A installation or Part A mobile plant to which the consultation and advertising procedure set out in paragraphs 12 and 14 applies—N.I.
(a)where no representations are made to the enforcing authority within the period specified in paragraph 14(5), and where applicable, by the day on which the enforcing authority receives the Department’s notification that the bilateral consultations have been completed pursuant to paragraph 18(b), the enforcing authority shall—
(i)serve the variation notice;
(ii)include in the register a copy of the variation notice, together with a statement confirming that no representations have been received by the enforcing authority on the proposed variation; and
(iii)where paragraph 17 applies, forward a copy of the variation notice and the information in sub-head (ii) to the Department,
within the period of 7 days starting with the day on which the period allowed by paragraph 14(5) ends or, where applicable and if later, the day on which the enforcing authority receives the Department’s notification that the bilateral consultations have been completed pursuant to paragraph 18(b); or
(b)where representations are made within the period specified in paragraph 14(5) and where applicable, by the day on which the enforcing authority receives the Department’s notification that the bilateral consultations have been completed pursuant to paragraph 18(b), the enforcing authority shall—
(i)serve the variation notice;
(ii)include in the register a copy of the variation notice, together with information on the reasons and considerations on which the variation notice is based;
(iii)advertise the notice on its web-site and, if it considers it appropriate, by any other means; and
(iv)where paragraph 17 applies, forward a copy of the variation notice and the information in sub-head (ii) to the Department,
within the period of 21 days starting with the day on which the period allowed by paragraph 14(5) ends or, where applicable and if later, the day on which the enforcing authority receives the Department’s notification that the bilateral consultations have been completed pursuant to paragraph 18(b) or within such longer period as may be agreed with the operator.
(2) The Department shall forward to the Member State to which the proposed variation has been forwarded under paragraph 17, a copy of the variation notice and the information specified in sub-paragraph (1)(a)(ii) or (1)(b)(ii), as soon as practicable after the date of receipt.
(3) Where sub-paragraph (1) applies and the enforcing authority fails to serve the variation notice within the period specified in that sub-paragraph, the proposed variation shall, if the operator of the Part A installation to which the variation refers notifies the enforcing authority in writing that he treats the failure as such, be deemed to have been withdrawn at the end of that period.
PART 3N.I.TRANSBOUNDARY NOTIFICATION
17. Where the Department is aware that an application or a proposal to serve a variation notice mentioned in paragraphs 5(1) or 12(1) relates to a substantial change in the operation of an installation carrying out activities listed in Annex I of the IED in Northern Ireland which is likely to have significant negative effects on the environment of [a] Member State, or where [a] Member State likely to be significantly affected so requests, the Department shall forward—N.I.
(a)a copy of the application or proposed variation notice and a copy of the advertisement made under paragraphs 6(1) or 14(1); and
(b)where applicable, a copy of the draft determination in respect of that application together with a copy of the advertisement made under paragraph 9,
to [that Member State] at the same time as the application, proposed variation notice or draft determination notice is advertised pursuant to paragraphs 6(1), 14(1) or 9 (or as soon as it becomes so aware or receives such a request, if it becomes so aware or receives such a request after the application, proposed variation notice or draft determination is advertised but before the application is determined or the proposed variation notice is served) in order that the application, draft determination or proposed variation notice may serve as the basis for any consultations necessary in the framework of the bilateral relations between the United Kingdom and [that Member State] on a reciprocal and equivalent basis, as referred to in Article 26 of the IED.
Textual Amendments
Commencement Information
18. Where an application or proposal to serve a variation notice is forwarded to [a] Member State pursuant to paragraph 17, the Department shall notify the operator of the installation concerned and the chief inspector and—N.I.
(a)the chief inspector shall not determine the application or provide his draft determination (where the application has not been referred to the Department under paragraph 7) or serve the variation notice until the Department has notified him in writing that the bilateral consultations required by paragraph 17 have been completed and has forwarded to him any representations duly made on the application or proposed variation by persons in [that Member State] which have been forwarded to the Department; and,
(b)in the case of an application to be determined by the chief inspector, the period within which to determine the application or to provide a draft determination set out in paragraph 8(2)(a) shall begin on the day on which the chief inspector receives the Department’s notification that the bilateral consultations have been completed.
Textual Amendments
Commencement Information
19. In determining an application or before serving a variation notice which has been forwarded to [a] Member State pursuant to paragraph 17, the chief inspector, or, in the case of an application, the Department if the application has been referred to it, shall take into consideration any representations duly made in [that Member State] which have been forwarded to the Department.N.I.
Textual Amendments
Commencement Information
20. Any representations on the draft determination made in the Member State to which the draft determination has been sent, which have been received by the Department within the period of 22 working days from the date of the Department’s receipt of the draft determination from the enforcing authority, shall be forwarded to the enforcing authority within the period of 3 working days beginning on the day after that period ends.N.I.
21.—(1) For the purposes of this Schedule “working day” means a day which is not a Saturday or a Sunday, Christmas Day, Good Friday or a bank holiday in Northern Ireland under the Banking and Financial Dealings Act 1971()N.I.
(2) in paragraphs 17 to 20, “Member State” shall be taken to include Norway, Iceland and Liechtenstein.
PART 4N.I.NATIONAL SECURITY AND CONFIDENTIAL INFORMATION
22. The requirements of paragraph 6(1) and 14(1) shall not apply in so far as they would require the advertisement of information mentioned in paragraph 6(2) and 14(2) which is not to be included in the register by virtue of regulation 34 or 35.N.I.
23. Paragraphs 27, 28 and 29 of Schedule 4 shall apply in relation to the requirement to give notice under paragraphs 5(3)(b) or 12(3)(c) of this Schedule as they apply to the requirement to give notice under paragraph 12 of that Schedule.N.I.
24. Where a matter falls to be determined under regulation 34 or 35—N.I.
(a)the period within which an advertisement is to be published under paragraphs 6(1) and 14(1) shall be 28 days beginning 14 days after the day on which the matters to be determined under those regulations are finally disposed of; and
(b)the period for notification under paragraphs 5(3)(b) and 12(3)(c) shall be 14 days beginning 14 days after the day on which the matters to be determined under those regulations are finally disposed of.
25. Paragraph 31 of Schedule 4 shall apply for the purpose of paragraph 24 of this Schedule as it applies for the purpose of paragraph 30 of that Schedule.N.I.
Regulation 7
SCHEDULE 8N.I.SED INSTALLATIONS
ApplicationN.I.
1. This Schedule applies in relation to every installation to which Chapter V of the IED applies.
InterpretationN.I.
2. In this Schedule when interpreting Chapter V of the IED—
(a)an expression that is defined in Article 57 of the IED has the meaning given in that Article; and
(b)the competent authority is the enforcing authority.
Exercise of relevant functionsN.I.
3. The enforcing authority must exercise its functions under regulation 7 so as to ensure compliance with the following provisions of the IED—
(a)Article 7 (incidents and accidents) which shall be read as if the words “Member States” were replaced by “ the enforcing authority”;
(b)Article 8(2) (non-compliance) which shall be read as if the words “Member States” were replaced by “ the enforcing authority”;
(c)Article 58 (substitution of hazardous substances);
(d)Article 59 (control of emissions), except for 59(4) and the last sentence of 59(1) and which shall be read as if the words “Member States” were replaced by “The enforcing authority”;
(e)Article 60 (monitoring of emissions) which shall be read as if the words “Member States” were replaced by “the enforcing authority”;
(f)Article 61 (compliance with emission limit values);
(g)Article 63 (substantial change to existing installations); and
(h)Article 82 (7), (8) and (9) (transitional provisions).
Regulation 7
SCHEDULE 9N.I.LARGE COMBUSTION PLANTS
ApplicationN.I.
1. This Schedule applies in relation to every combustion plant referred to in Article 30(3) of the IED.
2. This Schedule applies, from 1st January 2016, in relation to every combustion plant referred to in Article 30(2) of the IED.
InterpretationN.I.
3. When interpreting Chapter III of the IED, for the purposes of this Schedule, the competent authority is—
(a)for the purposes of exercising a judgment as to whether there is an overriding need to maintain energy supplies under Article 30(6) or 37(2) of the IED, the Department; or
(b)otherwise, the chief inspector.
Exercise of relevant functionsN.I.
4.—(1) The chief inspector must exercise his functions under regulation 7 so as to ensure compliance with the following provisions of Chapter III of the IED—
(a)Article 29 (aggregation rules);
(b)Article 30(1), (2), (3), (4) (5) (6), (7) and (8) (emission limit values), except the second sub-paragraph of 30(5) and the second sub-paragraph of 30(6);
(c)Article 31(1) and (2) (desulphurisation rate) which shall be read as if the words “Member States” were replaced by “The chief inspector”;
(d)Article 33(1), (3) and (4) (limited life time derogation) ;
(e)Article 34 (1) and (2) (small isolated systems);
(f)Article 35(1) (district heating plants);
(g)Article 36(1) and (2) (geological storage of carbon dioxide) which shall be read as if the words “Member States” were replaced by “the chief inspector”
(h)Article 37 (malfunction or breakdown of the abatement equipment);
(i)Article 38 (monitoring of emissions into air) which shall be read as if the words “Member States” were replaced by “the chief inspector”;
(j)Article 39 (compliance with emission limit values);
(k)Article 40 (multi-fuel firing combustion plants); and
(l)Article 82(4) (transitional provision).
(2) The chief inspector must—
(a)immediately inform the Department of any derogation under Article 30(5) of the IED;
(b)immediately inform the Department if he considers that the Department must make a judgment as to whether there is an overriding need to maintain energy supplies under Article 30(6) or 37(2) of the IED; and
(c)exercise his functions under regulation 7 in relation to such a judgment made by the Department.
Regulation 7
[SCHEDULE 9AN.I.Medium Combustion Plant
PART 1N.I.General
ApplicationN.I.
1. This Schedule applies—
(a)in relation to every new medium combustion plant from 20th December 2018;
(b)in relation to every existing medium combustion plant from the date specified in paragraph 5 of Part 2 of Schedule 3, as appropriate.
InterpretationN.I.
2. When interpreting the MCPD for the purposes of this Schedule—
(a)an expression that is defined in Part 1 of these Regulations has the meaning given in that Part;
(b)the competent authority is the enforcing authority;
(c)“general binding rule” means a rule published under regulation 16.
Applications for the grant of a permitN.I.
3.—(1) The enforcing authority must ensure that every application for the grant of a permit—
(a)includes the information specified in Annex I to the MCPD;
(b)specifies which (if any) of paragraphs 7 to 11 of Part 2 of this Schedule is considered relevant to the application.
(2) Subject to sub-paragraph (3), the enforcing authority must start the procedure for determining an application for the grant of a permit within one month of the operator providing the information referred to in sub-paragraph (1) and must inform the operator of the start of the procedure.
(3) Sub-paragraph (2) applies only when the operator has submitted an application that complies with sub-paragraph (1).
Exercise of relevant functionN.I.
4.—(1) The enforcing authority must exercise its relevant functions so as to ensure compliance with the following provisions of the MCPD—
(a)Article 4;
(b)Articles 5(1) and (2);
(c)Article 5(6);
(d)Article 6(1);
(e)Article 6(2);
(f)Article 6(7);
(g)Article 6(13);
(h)Article 7 (except Article 7(8));
(i)Articles 8(2) and (3); and
(i)Article 9.
(2) In exercising its relevant functions, the enforcing authority must ensure that there is no persistent emission of dark smoke, where “dark smoke” has the meaning given in section 2(3) of Clean Air (Northern Ireland) Order 1981.
(3) In exercising its relevant functions so as to ensure compliance with Article 6(1), (2), (7) or (13) of the MCPD, the enforcing authority must ensure that permits include emission limit values set in accordance with the provisions of Part 2 of this Schedule.
PART 2N.I.Emission Limit Values
Interpretation of this PartN.I.
5. In this Part—
“Ambient Air Quality Directive” means Directive 2008/50/EC of the European Parliament and of the Council of 21st May 2008 on ambient air quality and cleaner air for Europe;
“Annex I” means Annex I of the MCPD;
“Annex II” means Annex II of the MCPD;
“biomass”, “dust”, “emission limit value”, “micro isolated system”, “nitrogen oxides”, “operating hours”, “small isolated system” and “zone” have the respective meanings given in Article 3 of the MCPD; and
any reference to emissions expressed in mg/Nm3 is to those emissions defined in accordance with Annex II.
Emission limit valuesN.I.
6.—(1) Sub-paragraphs (2) to (4) apply, subject to paragraphs 7 to 11.
(2) From 20th December 2018, emissions into the air of sulphur dioxide, nitrogen oxides and dust from a new medium combustion plant must not exceed the emission limit values set out in Part 2 of Annex II (but with the modification that footnote (3) in Table 2 of that Part is to be read as if for “may be” there were substituted “are”).
(3) From 1st January 2025, emissions into the air of sulphur dioxide, nitrogen oxides and dust from an existing medium combustion plant with a rated thermal input greater than 5 megawatts must not exceed the emission limit values set out in Tables 2 and 3 of Part 1 of Annex II.
(4) From 1st January 2030, emissions into the air of sulphur dioxide, nitrogen oxides and dust from an existing medium combustion plant with a rated thermal input of less than or equal to 5 megawatts must not exceed the emission limit values set out in Tables 1 and 3 of Part 1 of Annex II.
Limited operating hours – existing medium combustion plantsN.I.
7.—(1) An existing medium combustion plant which operates for no more than 500 operating hours per year, is not required to comply with the emission limit values set out in Tables 1, 2, and 3 of Part 1 of Annex II, provided that the operator has signed a declaration in accordance with paragraph 7 of Annex I.
(2) An existing medium combustion plant, is not required to comply with the emission limit values set out in Tables 1, 2, and 3 of Part 1 of Annex II where it operates for no more than 1000 operating hours per year to provide backup power production in islands connected to an electricity transmission system or distribution system, in the event of an interruption of the main power supply to an island, provided that the operator has signed a declaration in accordance with paragraph 7 of Annex 1.
(3) Where an existing medium combustion plant firing solid fuels falls within sub-paragraph (1) or sub-paragraph (2), an emission limit value for dust of 200mg/Nm3 applies.
(4) For the purposes of sub-paragraph (2, “transmission system” and “distribution system” have the meanings given in Article 3 of The Electricity (Northern Ireland) Order 1992.
Limited operating hours – new medium combustion plantsN.I.
8.—(1) A new medium combustion plant which operates for no more than 250 operating hours per year, is not required to comply with the emission limit values set out in Part 2 of Annex II, provided that the operator has signed a declaration in accordance with paragraph 7 of Annex I.
(2) Where a new medium combustion plant firing solid fuels falls within sub-paragraph (1), an emission limit value for dust of 100mg/Nm3 applies.
Small and micro isolated systemsN.I.
9. Existing medium combustion plants which are part of a small isolated system or a micro isolated system are only required to comply with the emission limit values set out in Tables 1, 2 and 3 of Part 1 of Annex II from 1st January 2030.
Plant at gas compressor stationsN.I.
10. An existing medium combustion plant—
(a)with a rated thermal input greater than 5 megawatts; and
(b)which is used to drive gas compressor stations required to ensure the safety and security of a national gas transmission system;
is not required to comply with the emission limit values for nitrogen oxides set out in Table 3 of Part 1 of Annex II before 1st January 2030.
Temporary derogationsN.I.
11.—(1) This sub-paragraph applies in relation to a medium combustion plant which normally uses low sulphur fuel, where the operator is unable to comply with the relevant emission limit values for sulphur dioxide in paragraph 6, because of an interruption in the supply of low-sulphur fuel resulting from a serious shortage.
(2) Where sub-paragraph (1) applies, the enforcing authority may grant a derogation from the obligation to comply with those emission limit values for such period, up to a maximum of six months, if the operator satisfies the enforcing authority that it is justified under the circumstances.
(3) This sub-paragraph applies in relation to a medium combustion plant using only gaseous fuel where—
(a)the plant has to resort exceptionally to the use of other fuels because of an interruption in the supply of gas; and
(b)as a result of using those other fuels, the plant would need to be equipped with secondary abatement equipment in order to comply with the relevant emission limit values for sulphur dioxide, nitrogen oxides and dust in paragraph 6.
(4) Where sub-paragraph (3) applies, the enforcing authority may grant a derogation from the obligation to comply with the relevant emission limit values in paragraph 6—
(a)for a maximum of 10 days; or
(b)for such longer period, if the operator satisfies the enforcing authority it is justified under the circumstances.
(5) (a) Where a district council is the enforcing authority and it grants a derogation under sub-paragraphs (2) or (4) it must inform the Department immediately... .
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Regulation 7
[SCHEDULE 9BN.I.Specified generators
ApplicationN.I.
1. This Schedule applies in relation to every specified generator from the permitting date.
Interpretation – specified generatorsN.I.
2.—(1) In this Schedule “specified generator” means—
(a)a generator, other than an excluded generator, with a rated thermal input—
(i)more than or equal to 1 megawatt and less than 50 megawatts; or
(ii)in the case of a generator used to meet a capacity agreement or an agreement to provide balancing services, less than 50 megawatts; or
(b)where two or more generators falling within paragraph (a)(i) or (ii) are operated—
(i)on the same site;
(ii)by the same operator; and
(iii)for the same purpose,
those generators together;
(c)where two or more generators, other than excluded generators—
(i)are operated as set out in paragraph (b)(i) to (iii); and
(ii)together have a rated thermal input more than or equal to 1 megawatt and less than 50 megawatts, even if one or more of the generators has a rated thermal input of less than 1 megawatt,
those generators together.
(2) For the purposes of paragraph (1)—
“excluded generator” means—
(a)
generators subject to the provisions of Chapter II or Chapter III of the Industrial Emissions Directive,
(b)
back-up generators operated for the purpose of testing for no more than 50 hours per year,
“generator” means any combustion plant which is used for the purpose of generating electricity, but does not include any generator that is mobile unless it is connected to—
(a)
an electricity transmission system or distribution system, or
(b)
other apparatus, equipment or appliances at a site, if these are part of the complete infrastructure of the site;
“mobile” means any apparatus, equipment or appliance which is—
(a)
constructed or adapted for being transported from place to place, or
(b)
portable, and designed or intended to be moved from place to place.
Interpretation – relevant dates and permitting datesN.I.
3.—(1) The “relevant date” in relation to a generator means—
(a)1st January 2019, in the case of a new generator;
(b)1st October 2019, in the case of an existing generator with a rated thermal input greater than 5 megawatts and less than 50 megawatts which—
(i)has an emission of nitrogen oxides of equal to or greater than 500mg/ Nm3; and
(ii)operates for more than 50 hours per year;
(c)1st January 2025, in the case of an existing generator with a rated thermal input greater than 5 megawatts and less than 50 megawatts which—
(i)has an emission of nitrogen oxides of less than 500mg/ Nm3; or
(ii)operates for less than or equal to 50 hours per year;
(d)1st January 2030, in the case of an existing generator with a rated thermal input equal to or less than 5 megawatts.
(2) The “permitting date”—
(a)in relation to a specified generator falling within paragraph 2(1)(a), is the relevant date in relation to that specified generator;
(b)in relation to a specified generator falling within paragraph 2(1)(b) or (c), is the earliest of the relevant dates in relation to the generators comprising that specified generator.
(3) For the purposes of sub-paragraph (1)—
“existing generator” means a generator with a rated thermal input equal to or greater than 1 megawatt and less than 50 megawatts which came into operation before 1st December 2016, or;
“new generator” means any specified generator which is not an existing generator.
(4) For the purposes of this paragraph, in the case of a generator which is comprised in a specified generator falling within paragraph 2(1)(b) or (c), the generator is deemed to have the total rated thermal input of all the generators comprised in the specified generator.
Interpretation - generalN.I.
4. In this Schedule—
“back-up generator” means a generator operated for the sole purpose of maintaining power supply at a site during an on-site emergency;
“balancing services” means any services procured by the transmission system operator in order to balance demand and supply, and to ensure the security and quality of electricity supply;
“capacity auction” means a capacity auction conducted under Chapter F [of the Capacity Market Code] for allocating Awarded Capacity to Capacity Market Units and includes T-1 Auctions, T-2 Auctions, T-3 Auctions and T-4 Auctions;
“capacity market framework agreement” means the agreement (including an Accession Deed) under which a person becomes bound by this Code;
“distribution system” has the meaning given in Article 3 of The Electricity (Northern Ireland) Order 1992;
“emission limit value” means the permissible maximum quantity of a substance contained in the waste gases from a generator which may be discharged into the air during a given period;
“nitrogen oxides” means nitric oxide and nitrogen dioxide;
“transmission system” has the meaning given in Article 3 of The Electricity (Northern Ireland) Order 1992;
“transmission system operator” means the person or persons operating the transmission system for Northern Ireland; and
any reference to emissions expressed in mg/Nm3 is to those emissions defined in accordance with Annex II of the Medium Combustion Plant Directive.
Permit conditions: generalN.I.
5.—(1) Subject to paragraph 6, the enforcing authority must exercise its relevant functions in relation to specified generators so as to ensure that they are operated, from the relevant date, in such a way that—
(a)there is compliance with an emission limit value for nitrogen oxides of 190mg/Nm3;
(b)where secondary abatement is required to ensure compliance with the requirement in paragraph (a), the emission limit value for nitrogen oxides is met—
(i)in the case of an existing generator or a new generator which was, but has ceased to be, an existing generator, within 20 minutes of the specified generator commencing operation, or;
(ii)in the case of any other new generator, within 10 minutes of the specified generator commencing operation,
and in every case emissions must be monitored at least every three years;
(c)there is no persistent emission of dark smoke, where “dark smoke” has the meaning given in paragraph 3(1) of the Clean Air (Northern Ireland) Order 1981.
(2) Where compliance with air quality aspects of an environmental quality standard requires stricter conditions for the operation of a specified generator, or a generator comprised in a specified generator falling within paragraph 2(1)(b) or (c), from the permitting date the enforcing authority must include additional or stricter measures in the permit to comply with those standards, including a stricter emission limit value than that specified in sub-paragraph (1)(a).
(3) In the case of a specified generator falling within paragraph 2(1)(b) or (c), the requirements of sub-paragraph (1) must be met by every generator comprising that specified generator from the relevant date relating to that generator.
Exceptions to permit conditionsN.I.
6.—(1) Paragraph 5 does not apply in relation to—
(a)a specified generator used at a site to which it is not reasonably practicable to supply mains power;
(b)a specified generator that is a back-up generator for which the operator has demonstrated to the enforcing authority a genuine need to carry out routine testing for more than 50 hours per year.
(2) Paragraph 5 does not apply—
(a)until 1st January 2025 in relation to an existing generator—
(i)with a rated thermal input greater than 5 megawatts but not more than 50 megawatts;
(ii)with nitrogen oxide emissions of 500mg/Nm3 or greater;
(iii)which operates for more than 50 hours per year;
(b)in relation to an existing generator—
(i)falling within sub-paragraph (2)(a);
(ii)that is operated only for the purpose of a capacity market framework agreement entered into before 1st December 2016;
for the period in which that capacity agreement remains in force, or until 1st January 2025, whichever is later.
(3) Where a specified generator falls within sub-paragraphs (1) or (2), the enforcing authority must exercise its functions from the relevant date to ensure that the generator will not give rise to an exceedance of the limit values for nitrogen dioxide specified in the case of a generator operated in Northern Ireland, in Schedule 2 to the Air Quality Standards (Northern Ireland) Regulations 2010.
(4) Paragraph 5 does not apply in relation to an existing generator—
(a)with a rated thermal input greater than 5 megawatts and less than 50 megawatts which—
(i)has an emission of nitrogen oxides of less than 500mg/Nm3; or
(ii)operates for no more than 50 hours per year; or
(b)with a rated thermal input greater than or equal to 1 megawatt but no greater than 5 megawatts;
where it is operated only for the purpose of a capacity market framework agreement entered into before 1st December 2016, during the period in which that capacity market framework agreement remains in force.
(5) Paragraph 5 does not apply in relation to an existing generator with a rated thermal input of less than 1 megawatt where it is operated only for the purpose of a capacity market framework agreement entered into before 1st December 2016, during the period in which that capacity market framework agreement remains in force.
(6) In the case of a generator comprised in a specified generator falling within paragraph 2(1)(b) or (c)—
(a)the generator is deemed to have the total rated thermal input of all the generators comprised in the specified generator for the purposes of sub-paragraphs (2), (4) and (5), and;
(b)“relevant date” in sub-paragraph (3) means the relevant date relating to that generator.]
Regulation 7
SCHEDULE 10N.I.TITANIUM DIOXIDE
ApplicationN.I.
1. This Schedule applies in relation to every installation producing titanium dioxide.
InterpretationN.I.
2. Chapter VI of the IED shall be read as if the words “Member States” were replaced by “the chief inspector”.
Exercise of functionsN.I.
3. The chief inspector must exercise his functions under regulation 7 so as to ensure compliance with the following provisions of the IED—
(a)Article 67 (prohibition of the disposal of waste);
(b)Article 68 (control of emissions into water);
(c)Article 69 (prevention and control of emissions into air); and
(d)Article 70 (monitoring of emissions).
Regulation 7
SCHEDULE 11N.I.WASTE INCINERATION
ApplicationN.I.
1. This Schedule applies in relation to any waste incineration plant or waste co-incineration plant to which Chapter IV of the IED applies, which incinerates or co-incinerates solid or liquid waste.
InterpretationN.I.
2. When interpreting Chapter IV and Annex VI of the IED for the purposes of this Schedule—
(a)“residue” shall mean any liquid or solid waste which is generated by a waste incineration plant or waste co-incineration plant;
(b)the chief inspector is the competent authority; and
(c)sub-paragraph (c) of paragraph 2.1 of Part 6 of Annex VI shall be read as if the words “dioxin-like polychlorinated biphenyls and poly-cyclic aromatic hydrocarbons” appeared after the word “furans”.
Exercise of relevant functionsN.I.
3.—(1) The chief inspector must exercise his functions under regulation 7 so as to ensure compliance with the following provisions of Chapter IV of the IED—
(a)Article 42 (scope);
(b)Article 45(1) to (2) and (4) (permit conditions);
(c)Article 46 (control of emissions);
(d)Article 47 (breakdown);
(e)Article 48(1) to (4) (monitoring of emissions), which shall be read as if the words “Member States” were replaced by “the chief inspector”;
(f)Article 49 (compliance with emission limit values);
(g)Article 50 (operating conditions);
(h)Article 51(1) to (3) (authorisation to change operating conditions) but ignore the words “Member States may lay down rules governing these authorisations” in Article 51(1);
(i)Article 52 (delivery and reception of waste);
(j)Article 53 (residues);
(k)Article 54 (substantial change);
(l)Article 55 (reporting and public information on waste incineration plants and waste co-incineration plants); and
(m)Article 82(5) and (6) (transitional provisions).
(2) The chief inspector shall ensure that a permit which authorises the incineration or co-incineration of waste with energy recovery shall contain conditions ensuring that the recovery of energy shall take place with a high level of energy efficiency.
(3) The chief inspector shall ensure that a permit which authorises the operation of a waste incineration installation shall contain such conditions as the chief inspector considers necessary to give effect to Article 14 of Directive 2006/66/EC() of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators [as last amended by Directive 2018/849] .
Textual Amendments
Commencement Information
[Waste separately collected for preparing for re-use and recycling not to be incineratedN.I.
4.—(1) Every environmental permit which authorises a waste co-incineration plant or a waste incineration plant is deemed to contain the following condition, unless such a condition in the same terms as that condition is included in the permit.
(2) The condition is that the operator must not accept—
(a)any waste paper, metal, plastic or glass for incineration if that waste has been separately collected for the purpose of preparing for re-use or recycling; and
(b)subject to sub-paragraph (3), any waste for incineration that results from the treatment of waste referred to in paragraph (a), unless incineration of that waste delivers the best environmental outcome in accordance with regulation 17 of the Waste Regulations (Northern Ireland) 2011.
(3) The treatment referred to in sub-paragraph (2)(b) must not be treatment that contravenes sub-paragraph (2)(a) or regulation 9A(2)(a) of the Landfill Regulations (Northern Ireland) 2003.]
Regulation 7
SCHEDULE 12N.I.PETROL VAPOUR RECOVERY
PART 1N.I.PVR I
ApplicationN.I.
1. This Part applies in relation to every Part C activity falling within paragraphs (b) of Part B and paragraphs (a) and (b) of Part C of section 1.2 of Part 1 of Schedule 1.
InterpretationN.I.
2. In this Part, the “PVR I” means European Parliament and Council Directive 94/63/EC() of 20 December 1994 on the control of VOC emissions resulting from the storage of petrol and its distribution from terminals to service stations.
Exercise of enforcing authority functionsN.I.
3.—(1) The enforcing authorities must exercise their relevant functions under regulation 7 so as to ensure compliance with the following provisions of the PVR I—
(a)the first paragraph of Article 3(1), (storage installations at terminals);
(b)the first and last paragraphs of Article 4(1), and 4(3), (loading and unloading of mobile containers at terminals); and
(c)the first paragraph of Article 6(1) (loading into storage installations at service stations).
(2) When interpreting the PVR I for the purposes of this paragraph ignore points 2.3, 3.2 and 3.5 of Annex IV to the PVR I.
PART 2N.I.PVR II
ApplicationN.I.
1. This Part applies in relation to every Part C activity falling within paragraphs (c) to (e) of Part C of section 1.2 of Part 1 of Schedule 1.
[InterpretationN.I.
2.—(1) In this Part, “PVR II” means Directive 2009/126/EC of the European Parliament and of the Council of 21 October 2009 on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations as last amended by Commission Directive 2014/99/EU.]
(2) When interpreting the PVR II for the purposes of this paragraph—
(a)in Articles 3, 4 and 5, ignore the words “Member States shall ensure that” where they occur; and
(b)in Article 4, ignore the words “with effect from the date on which Stage II petrol vapour recovery systems become mandatory pursuant to Article 3”.
Textual Amendments
Commencement Information
Exercise of district council functionsN.I.
3. The district councils must exercise their functions under regulation 7 so as to ensure compliance with the following provisions of the PVR II—
(a)Article 3 (service stations);
(b)Article 4 (minimum level of petrol vapour recovery); and
(c)Article 5 (periodic checks and consumer information).
Regulation 7
SCHEDULE 13N.I.ASBESTOS
ApplicationN.I.
1. This Schedule applies in relation to every activity falling within section 3.2 of Part 1 of Schedule 1.
InterpretationN.I.
2.—(1) In this Schedule, “the Asbestos Directive” means Directive 87/217/EEC of 19 March 1987 on the prevention and reduction of environmental pollution by asbestos().
(2) When interpreting the Asbestos Directive for the purposes of this Schedule—
(a)the competent authority is the chief inspector;
(b)“waste” has the meaning given in the Asbestos Directive; and
(c)in Article 6(1) of that Directive, “regular intervals” means, for the purposes of an installation to which Article 4 applies, intervals of not more than 6 months.
Exercise of chief inspector’s functionsN.I.
3. The chief inspector must exercise his functions under regulation 7 so as to ensure compliance with the following provisions of the Asbestos Directive—
(a)Article 3;
(b)Article 4(1);
(c)Article 5;
(d)Article 6(1) and (2); and
(e)Article 8.
Regulation 7
[SCHEDULE 13AN.I.ENERGY EFFICIENCY DIRECTIVE
ApplicationN.I.
1. This Schedule applies to every installation or mobile plant to which Article 14(5) of the Energy Efficiency Directive applies.
InterpretationN.I.
2. In this Schedule—
“economically justified demand” means demand that does not exceed the needs for heating or cooling and which would otherwise be satisfied at market conditions by energy generation processes other than cogeneration;
“electricity from cogeneration” means electricity generated in a process linked to the production of useful heat and calculated in accordance with the methodology laid down in Annex II of the Energy Efficiency Directive;
“substantial refurbishment” means a refurbishment whose cost exceeds 50% of the investment cost for a new comparable unit, but the fitting of equipment to carry out the activity falling within head (a) of Part A of section 6.10 of Part 1 of Schedule 1 shall not be considered as refurbishment for the purposes of paragraphs 4, 7 and 10 of this Schedule; and
“unit” means any boilers, furnaces, kilns, turbines or engines forming part of an installation which added together have a rated thermal input of more than 20 megawatts.
Cost-benefit analysisN.I.
3. An application to an enforcing authority under regulation 10 for a permit to operate a new installation, carrying out an activity with a total net thermal input exceeding 20 megawatts and generating electricity must be accompanied by a cost-benefit analysis that assesses the costs and benefits of operating the installation or converting the installation to operate as a high-efficiency cogeneration installation.
4. An operator of an installation, carrying out an activity with a total net thermal input exceeding 20 megawatts and generating electricity must apply to the enforcing authority under regulation 19(2) for a variation of the conditions of his permit before undertaking a substantial refurbishment.
5. The application for a variation of the conditions of the permit required by paragraph 4 must be accompanied by a cost-benefit analysis that assesses the costs and benefits of operating the installation, or converting the installation to operate, as a high-efficiency cogeneration installation.
6. An application to an enforcing authority under regulation 10 for a permit to operate a new installation with a total net thermal input exceeding 20 megawatts, other than an installation falling within paragraph 3, and generating waste heat at a useful temperature level, must be accompanied by a cost-benefit analysis that assesses the cost and benefits of utilising the waste heat to satisfy economically justified demand, including through cogeneration, and of the connection of that installation to a district heating and cooling network.
7. An operator of an installation with a total net thermal input exceeding 20 megawatts, and generating waste heat at a useful temperature level must apply to the enforcing authority under regulation 19(2) for a variation of the conditions of his permit before undertaking a substantial refurbishment.
8. The application for a variation of the conditions of the permit required by paragraph 7 must be accompanied by a cost-benefit analysis that assesses the cost and benefits of utilising the waste heat to satisfy economically justified demand, including through cogeneration, and of the connection of that installation to a district heating and cooling network.
9. An application to an enforcing authority under regulation 10 for a permit to operate a new installation with a total net thermal input exceeding 20 megawatts which forms part of a new or existing district heating and cooling network must be accompanied by a cost-benefit analysis that assesses the cost and benefits of utilising the waste heat from nearby installations.
10. An operator of an installation with a total net thermal input exceeding 20 megawatts which forms part of an existing district heating or cooling network must apply to the enforcing authority under regulation 19(2) for a variation in the conditions of his permit before undertaking a substantial refurbishment.
11. The application for a variation in the conditions of the permit required by paragraph 10 must be accompanied by a cost-benefit analysis that assesses the cost and benefits of utilising the waste heat from nearby installations.
12. Paragraphs 3 to 11 shall not apply to—
(1) peak load and back-up electricity generating installations for which the application states that operation under 1,500 operating hours per year as a rolling average over a period of five years is planned; or
(2) installations that need to be located close to a geological storage site approved under Directive 2009/31/EC [as last amended by Directive 2011/92/EU] .
13. Where the exemption specified in paragraph 12(1) applies, the enforcing authority shall include, in the permit, conditions ensuring that the operating hours remain within the constraints specified in paragraph 12(1).
14. Paragraphs 6 to 11 shall not apply to individual installations:
(1) which do not form part of a district cooling network; and
(2) with any of the following—
(a)available waste heat of 100 kilowatts or less;
(b)available waste heat,
(i)greater than 100 kilowatts as hot water or steam, where there is no hot water heat demand greater than 100 kilowatts within the search radius from the source installation as set out in the table below, located within the connection distance from the centre of the source installation; or
(ii)greater than 500 kilowatts as steam, where there is no steam-based heat demand greater than 500 kilowatts and no water heat demand greater than 100 kilowatts within the search radius from the centre of the installation as set out in the table below, located within the connection distance from the centre of the source installation;
(c)a heat demand of—
(i)100 kilowatts or less for hot water heat demands; or
(ii)500 kilowatts or less for steam-based heat demands;
(d)a hot water heat demand greater than 100 kilowatts, with no source of available waste heat greater than 100 kilowatts within the search radius from the centre of the installation as set out in the Table, located within the connection distance from the centre of the demand installation; or
(e)a steam-based heat demand greater than 500 kilowatts, with no source of steam-based waste heat greater than 500 kilowatts within the search radius from the centre of the installation as set out in the Table, located within the connection distance from the centre of the demand installation.
Table
Installation type | Thermal capacity (kilowatts (kW) and megawatts (MW)) | Search radius (km)
(measured from centre of the installation)
|
---|
Hot water demand | >100kW and <3.9 MW | 0.0038 x H, where H = thermal capacity in kW |
≥3.9MW | 15 |
Steam demand | >500kW and <12.5 MW | 0.0012 x H, where H = thermal capacity in kW |
≥12.5 MW | 15 |
Waste heat source (hot water or steam) | >100kW and <3.9 MW | 0.0038 x H, where H = thermal capacity in kW |
≥3.9MW | 15 |
15. For the purposes of paragraph 14, “connection distance” means—
(1) in the case of a hot water heat link, the thermal capacity in kilowatts of the source or demand, whichever is smaller, multiplied by 0.0038; or
(2) in the case of a steam heat link, the thermal capacity in kilowatts of the source or demand, whichever is smaller, multiplied by 0.0012,
expressed in kilometres.
16. From 31st December 2015, when considering permit applications and applications for the variation of conditions, the enforcing authority shall take into account both the outcome of the cost-benefit analysis and the outcome of the United Kingdom’s comprehensive national assessment required by Article 14(1) of the Energy Efficiency Directive.
17. Subject to paragraph 19, where a cost-benefit analysis, required pursuant to paragraphs 3, 5, 6 or 8 shows that benefits exceed costs, the enforcing authority may only grant the permit or vary the conditions of the permit subject to the inclusion of appropriate conditions that will ensure the operation of the installation in a manner shown by that analysis to be cost beneficial.
18. Subject to paragraph 19, where a cost-benefit analysis required pursuant to paragraphs 9 or 11 shows that benefits exceed costs, the regulator may only grant the permit or vary the conditions of the permit subject to the inclusion of appropriate conditions that will ensure the operation of the installation, in conjunction with the utilisation of the waste heat from nearby installations, in a manner shown by that analysis to be cost beneficial.
19. Paragraphs 17 and 18 do not apply if, in individual cases, the enforcing authority decides that there are imperative reasons of law, ownership or finance for it not to apply. In such cases, within two months of its decision, the enforcing authority shall submit a reasoned notification of it to the Department.
20. The provisions of this Schedule apply to installations covered by the IED without prejudice to the requirements of that Directive.]
Regulation 30
SCHEDULE 14N.I.SUPPLEMENTAL PROVISIONS WITH RESPECT TO POWERS OF ENTRY
1. In this Schedule—N.I.
“relevant power” means a power conferred by regulation 30, including a power exercisable by virtue of a warrant under this Schedule; and
“responsible authority”—
(a)
in relation to an inspector appointed under regulation 8(1), means the Department; and
(b)
in relation to an inspector appointed under regulation 8(5), means the district council by which that person is appointed.
2.—(1) If it is shown to the satisfaction of a justice of the peace on sworn information in writing—N.I.
(a)that there are reasonable grounds for the exercise in relation to any premises of a relevant power; and
(b)one or more of the conditions specified in sub-paragraph (2) is fulfilled in relation to those premises,
the justice of the peace may by warrant authorise an inspector to exercise the power in relation to those premises, in accordance with the warrant and, if need be, by force.
(2) The conditions mentioned in sub-paragraph (1)(b) are—
(a)that the exercise of the power in relation to the premises has been refused;
(b)that such a refusal is reasonably apprehended;
(c)that the premises are unoccupied;
(d)that the occupier is temporarily absent from the premises and the case is one of urgency; or
(e)that an application for admission to the premises would defeat the purpose of the proposed exercise of the power.
(3) In a case where regulation 30(5) applies, a justice of the peace shall not issue a warrant under this Schedule by virtue only of being satisfied that the exercise of a power in relation to any premises has been refused, or that a refusal is reasonably apprehended, unless the justice of the peace is also satisfied that the notice required by regulation 30(5) has been given and that the period of that notice has expired.
(4) Every warrant under this Schedule shall continue in force until the purposes for which the warrant was issued have been fulfilled.
3.—(1) Subject to regulation 30(10), information obtained in consequence of the exercise of a relevant power, with or without the consent of any person, is admissible in evidence against that or any other person.N.I.
(2) Without prejudice to the generality of sub-paragraph (1), information obtained by means of monitoring or other apparatus installed on any premises in the exercise of a relevant power, with or without the consent of any person in occupation of the premises, is admissible in evidence in any proceedings against that or any other person.
4. An inspector who, in the exercise of a relevant power, enters any premises which are unoccupied or whose occupier is temporarily absent shall leave the premises as effectually secured against trespassers as the inspector found them.N.I.
5.—(1) Where an inspector exercises any power conferred by regulation 30(3)(a) or (b) or (4), it is the duty of the responsible authority to make full compensation to any person who has sustained loss or damage by reason of—N.I.
(a)the exercise by the inspector of that power; or
(b)the performance of, or failure of the inspector to perform, the duty imposed by paragraph 4.
(2) Compensation shall not be payable by virtue of sub-paragraph (1) in respect of any loss or damage if the loss or damage—
(a)is attributable to the default of the person who sustained it; or
(b)is loss or damage in respect of which compensation is payable under any other provision of the pollution control statutory provisions.
(3) Any dispute as to a person’s entitlement to compensation under this paragraph, or as to the amount of any such compensation, shall be referred to and determined by the Lands Tribunal, and Articles 4 and 5 of the Land Compensation (Northern Ireland) Order 1982() (procedure on reference to the Lands Tribunal and costs) applies to any such determination.
Regulation 31
SCHEDULE 15N.I.APPEALS FROM DECISIONS WITH RESPECT TO PERMITS
1.—(1) A person who wishes to appeal to the Planning Appeals Commission under regulation 31 shall give to the Planning Appeals Commission written notice of the appeal, together with a statement of the grounds of the appeal.N.I.
(2) An appellant may withdraw an appeal by notifying the Planning Appeals Commission in writing.
2. Notice of appeal in accordance with paragraph 1 is to be given—N.I.
(a)in the case of an appeal under regulation 31(1) (a) to (e), before the expiry of the period of six months beginning with the date of the decision or deemed decision which is the subject matter of the appeal;
(b)in the case of an appeal under regulation 31(1)(f), before the expiry of the period of 21 days beginning with the date on which the determination is notified to the person concerned or the determination is deemed to have been made under regulation 35(4);
(c)in the case of an appeal under regulation 31(2) against a revocation notice, before the date on which the revocation takes effect; or
(d)in the case of an appeal under regulation 31(2) against a variation notice, an enforcement notice or a suspension notice, before the expiry of the period of two months beginning with the date of that notice.
3. The enforcing authority shall, within 14 days of receipt of notification of an appeal from the Planning Appeals Commission, provide the Planning Appeals Commission with the names and addresses of—N.I.
(a)any person who was required to be given notice of the subject matter of the appeal under paragraph 12 of Schedule 4 or paragraph 5(3)(b) or 12(3)(c) of Schedule 7;
(b)any person who made representations to the enforcing authority with respect to the subject matter of the appeal; and
(c)any person who appears to the enforcing authority to have a particular interest in the subject matter of the appeal.
4.—(1) The Planning Appeals Commission shall determine the appeal and paragraphs (1), (3), (4) and (5) of Article 111 of the Planning (Northern Ireland) Order 1991 shall apply in relation to the determination of the appeal as they apply in relation to the determination of an appeal under that Order.N.I.
(2) If either party to the appeal so requests, the Planning Appeals Commission shall afford to each of them an opportunity of appearing before and being heard by the Planning Appeals Commission.
(3) A hearing held under sub-paragraph (2) may, if the Planning Appeals Commission so decides, be held wholly or held to any extent, in private.
Regulation 33
SCHEDULE 16N.I.REGISTERS
1.—(1) A register maintained by an enforcing authority under regulation 33 shall contain—N.I.
(a)all particulars of any application made to the enforcing authority for a permit;
(b)all particulars of any notice to the applicant by the enforcing authority under Schedule 4 or Schedule 7 and of any information furnished in response to such a notice;
(c)all particulars of any advertisement published pursuant to Schedule 4 or Schedule 7 and of any representations made by any person in response to such an advertisement, other than representations which the person who made them requested should not be placed in the register;
(d)in a case where any such representations are omitted from the register at the request of the person who made them, a statement by the enforcing authority that representations have been made which have been the subject of such a request (but such statement shall not identify the person who made the representations in question);
(e)all particulars of any representations made by any person required to be given notice under Schedule 4 or Schedule 7;
(f)all particulars of any permit granted by the enforcing authority;
(g)all particulars of any notification to the enforcing authority given under regulation 18(1);
(h)all particulars of any application made to the enforcing authority for the variation, transfer or surrender of a permit;
(i)all particulars of any variation, transfer and surrender of any permit granted by the enforcing authority;
(j)all particulars of any revocation of a permit granted by the enforcing authority;
(k)all particulars of any enforcement notice or suspension notice issued by the enforcing authority or closure notice issued by the chief inspector under regulation 16(1) of the 2003 Landfill Regulations;
(l)all particulars of any notice issued by the enforcing authority withdrawing an enforcement notice or a suspension notice;
(m)all particulars of any notice of appeal under regulation 31 against a decision by the enforcing authority or a notice served by the enforcing authority, along with a statement of the grounds of appeal, a copy of any relevant correspondence between the appellant and the enforcing authority, and a copy of any decision or notice which is the subject matter of the appeal;
(n)all particulars of any representations with respect to the subject matter of the appeal made by any person mentioned in paragraph 3 of Schedule 15, other than representations which the person who made them requested should not be placed in the register;
(o)in a case where any such representations are omitted from the register at the request of the person who made them, a statement by the enforcing authority that representations have been made which have been the subject of such a request (but such statement shall not identify the person who made the representations in question);
(p)all particulars of any written notification of the determination by the Planning Appeals Commission of such an appeal and any report accompanying any such written notification;
(q)details of any conviction of or formal caution given to any person for any offence under regulation 36(1) or regulation 17(1) of the 2003 Landfill Regulations which relates to the operation of an installation or mobile plant under a permit granted by the enforcing authority, or without such a permit in circumstances where one is required by regulation 9, including the name of the person, the date of conviction or formal caution, and, in the case of a conviction, the penalty imposed and the name of the Court;
(r)all particulars of any monitoring information relating to the operation of an installation or mobile plant under a permit granted by the enforcing authority which has been obtained by the enforcing authority as a result of its own monitoring or furnished to the enforcing authority in writing by virtue of a condition of the permit or under regulation 32(2);
(s)in a case where any such monitoring information is omitted from the register by virtue of regulation 35, a statement by the enforcing authority, based on the monitoring information from time to time obtained by or furnished to them, indicating whether or not there has been compliance with any relevant condition of the permit;
(t)all particulars of any other information furnished to the authority in compliance with a condition of the permit, a variation notice, enforcement notice or suspension notice, or regulation 32(2) of these Regulations or a closure notice under regulation 16(1) of the 2003 Landfill Regulations;
(u)all particulars of any report published by an enforcing authority relating to an assessment of the environmental consequences of the operation of an installation in the locality of premises where the installation is operated under a permit granted by the enforcing authority;
(v)all particulars of any direction given to the enforcing authority by the Department under any provision of these Regulations;
(w)all particulars of any conditioning plan submitted under paragraph 1(3) of Schedule 4 to the 2003 Landfill Regulations or notice given under paragraph 1(5) of that Schedule;
(x)all particulars of any notice of a decision under paragraph 1(6) of Schedule 4 to the Landfill Regulations;
(y)all particulars of any notification or report required before definitive closure of a landfill under regulation 15(4) of the 2003 Landfill Regulations; and
(z)all particulars of any advertisement under paragraph 19 of Schedule 4 or paragraph 9 of Schedule 7, the information specified in paragraph 20 of Schedule 4, or 10 of Schedule 7 and all particulars of any representations made by any person in response to such an advertisement, other than representations which the person who made them requested should not be placed on the register.
(2) In the case of a Part A installation or Part A mobile plant, excluding those engaged in the activities described in paragraphs (b), (d), (g) or (h) of Part A of section 5.1, the register shall contain—
(a)the content of any decision on granting, reconsideration or updating of a permit;
(b)the reasons on which the decision was based;
(c)an explanation of how any representations were taken into account;
(d)the title of BAT reference documents relevant to the installation or activity concerned;
(e)how the permit conditions including emission limit values, have been determined in relation to the best available techniques and emission levels associated with the best available techniques;
(f)where a derogation is granted in accordance with regulation 13(3), the specific reasons for that derogation and the conditions imposed; and
(g)upon definitive cessation of activities, information provided by the operator in accordance with regulation 22(4)(c) and (d).
(3) In the case of a Part A installation or Part A mobile plant, excluding those engaged in the activities described in paragraphs (b), (d), (g) or (h) of Part A of section 5.1, the information listed in sub-paragraph 1(f), and (i), 2(a), (b), (f) and (g) shall be made available by the chief inspector via the internet.
2. Where an application is withdrawn by the applicant at any time before it is determined, all particulars relating to that application which are already in the register shall be removed from the register not less than two months and not more than three months after the date of withdrawal of the application, and no further particulars relating to that application shall be entered in the register.N.I.
3. Where, following an amendment of Schedule 1, these Regulations cease to apply to a description of installation or mobile plant, all particulars relating to installations or mobile plant of that description shall be removed from the register by the enforcing authority not less than two months and not more than three months after the date on which the amendment comes into force.N.I.
4. Nothing in paragraph 1 requires an enforcing authority to keep in a register maintained by it —N.I.
(a)monitoring information relating to a particular installation or a mobile plant for more than four years after that information was entered in the register; or
(b)information relating to a particular installation or mobile plant which has been superseded by later information relating to that installation or mobile plant for more than four years after that later information was entered in the register,
but this paragraph does not apply to any aggregated monitoring data relating to overall emissions of any substance or class of substance from installations or mobile plant generally or from any class of installations or mobile plant.
5. Any details of a formal caution included in a register pursuant to paragraph 1(q) shall be removed from the register, by the enforcing authority, after five years have elapsed since the date on which the caution was given.N.I.
Regulation 44
SCHEDULE 17N.I.REVOCATIONS
Table of revoked regulations
Regulations revoked
| References
| Extent of revocation
|
---|
The Pollution Prevention and Control Regulations (Northern Ireland) 2003 | S.R.2003 No.46 | The whole Regulations from 7th January 2014. |
The Large Combustion Plants Regulations (Northern Ireland) 2003 | S.R.2003 No.210 | The whole Regulations from 1st January 2016. |
The Waste Incineration Regulations (Northern Ireland) 2003 | S.R.2003 No.390 | The whole Regulations from 7th January 2014. |
The Waste Incineration (Amendment) Regulations (Northern Ireland) 2004 | S.R.2004 No.35 | The whole Regulations from 7th January 2014. |
The Solvent Emissions Regulations (Northern Ireland) 2004 | S.R.2004 No.36 | The whole Regulations from 7th January 2014. |
The Pollution Prevention and Control (Amendment) Regulations (Northern Ireland) 2004 | S.R.2004 No.507 | The whole Regulations from 7th January 2014. |
The Pollution Prevention and Control (Amendment) and Connected Provisions Regulations (Northern Ireland) 2005 | S.R.2005 No.229 | The whole Regulations from 7th January 2014. |
The Pollution Prevention and Control (Amendment) and Connected Provisions (No.2) Regulations (Northern Ireland) 2005 | S.R.2005 No.285 | The whole Regulations from 7th January 2014. |
The Pollution Prevention and Control (Amendment) (No.3) Regulations (Northern Ireland) 2005 | S.R.2005 No.454 | The whole Regulations from 7th January 2014. |
The Pollution Prevention and Control (Miscellaneous Amendments) Regulations (Northern Ireland) 2006 | S.R.2006 No.98 | The whole Regulations from 7th January 2014. |
The Pollution Prevention and Control (Amendment) Regulations (Northern Ireland) 2007 | S.R.2007 No.245 | The whole Regulations from 7th January 2014. |
The Pollution Prevention and Control (Amendment) Regulations (Northern Ireland 2009 | S.R.2009 No.403 | The whole Regulations from 7th January 2014. |
The Solvent Emissions (Amendment) Regulations (Northern Ireland) 2010 | S.R.2010 No.165 | The whole Regulations from 7th January 2014. |
The Solvent Emissions (Amendment) Regulations (Northern Ireland) 2011 | S.R.2011 No.2 | The whole Regulations from 7th January 2014. |
The Pollution Prevention and Control (Amendment) Regulations (Northern Ireland) 2011 | S.R.2011 No.212 | The whole Regulations from 7th January 2014. |
The Pollution Prevention and Control (Amendment No.2) Regulations (Northern Ireland) 2011 | S.R.2011 No.402 | The whole Regulations from 7th January 2014. |
The Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2012 | S.R.2012 No.453 | The whole Regulations. |