The Solvent Emissions Regulations (Northern Ireland) 2004

Explanatory Note

(This note is not part of the Regulations.)

These Regulations implement, in Northern Ireland, the provisions of European Council Directive 1999/13/EC on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations (the Directive).

The Directive requires all installations carrying out activities listed in Annex I of the Directive above the thresholds in Annex IIA of the Directive to comply with certain emission limit values (SED installations).

The majority of SED installations are already regulated under either the Pollution Prevention and Control Regulations (Northern Ireland) 2003 (S.R. 2003 No. 46) (“the 2003 Regulations”) or the Industrial Pollution Control (Northern Ireland) Order 1997 (“the 1997 Order”). These Regulations use the existing pollution control regime set out under the 1997 Order and the 2003 Regulations to deliver the requirements of the Directive. As a result, these Regulations adjust the transitional provisions of the 1997 Order and the 2003 Regulations to align them with the requirements of the Directive.

Regulations 3 to 7 deal with transitional amendments to incorporate the requirements of the Directive into the existing pollution control regime under the 2003 Regulations.

Regulation 3 deals with applications for variations of conditions of existing permits or authorisations granted under the 2003 Regulations or the 1997 Order for installations which contain new or existing SED installations with the purpose of incorporating the Directive requirements into the permit or authorisation.

Regulation 4 sets out the transitional provisions dealing with extensions of existing permits under the 2003 Regulations covering part of SED installation with the purpose of extending the scope of the permit to incorporate the whole of the SED installation.

Regulation 5 enables the operator to be able to make supplementary applications modifying applications made under regulation 10 of the 2003 Regulations in the situations specified in paragraphs 1(a) to (c) of regulation 5.

Regulation 6 sets out the duties of operators wishing to operate an SED installation in accordance with the requirements of a reduction scheme as defined in regulation 2 of the 2003 Regulations as amended by these Regulations.

Regulation 7 specifies the duration of the transitional arrangements set out in regulations 3 to 6.

Regulation 8 makes amendments to the 2003 Regulations to incorporate the requirements of the Directive. Regulation 8(6) inserts a new regulation 12A into the 2003 Regulations requiring permits authorising the operation of a SED installation to include such conditions as the enforcing authority considers necessary to give effect to the provisions of the Solvent Emissions Directive. Regulation 8(7) and Schedule 1 to these Regulations add a new Section 7 to Schedule 1 to the 2003 Regulations. The new Section 7 provides for activities listed in the table when operated above solvent consumption thresholds for that activity to be Part C activities. Regulation 8(10) amends the transitional amendments in Schedule 3 to the 2003 Regulations and insert new Parts 3 and 4 to that Schedule as set out in Schedule 2 to these Regulations.

Copies of the Directive may be obtained at http://europa.eu.int/eur –lex/en/index.html and from the Stationery Office Ltd., 16 Arthur Street, Belfast BT1 4GD.