Search Legislation

Advanced Search

The Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013

Changes to legislation:

There are currently no known outstanding effects for the The Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Interpretation: general

    3. 3.Interpretation: “best available techniques” or “BAT”

    4. 4.Fit and proper person

    5. 5.Application to the Crown

    6. 6.Applications

    7. 7.Discharge and scope of functions

    8. 8.Appointment of chief inspector and other inspectors

  3. PART 2

    1. 9.Permits: requirement for a permit

    2. 10.Permits: general provisions

    3. 11.Conditions of permits: general principles

    4. 12.Conditions of permits: specific conditions for all installations and mobile plant

    5. 13.Conditions of permits: specific conditions for Part A installations and Part A mobile plant

    6. 14.Conditions of permits: specific conditions for Part B and C installations and mobile plant

    7. 15.Conditions of permits: Department’s notice in relation to emissions into water

    8. 16.General binding rules

    9. 17.Review of conditions of permits

    10. 18.Proposed change in the operation of an installation or mobile plant

    11. 19.Variation of conditions of permits

    12. 20.Transfer of permits

    13. 21.Death of a permit holder

    14. 22.Surrender of a permit for a Part A installation or Part A mobile plant

    15. 23.Surrender of a permit for a Part B or Part C installation or Part B or Part C mobile plant

    16. 24.Revocation of permits

    17. 25.Fees and charges in relation to permits

  4. PART 3

    1. 26.Duty of the enforcing authority to undertake inspections and to ensure compliance with conditions

    2. 27.Enforcement notices

    3. 28.Suspension notices

    4. 29.Power of the enforcing authority to prevent or remedy pollution

    5. 30.Powers of inspectors and others

  5. PART 4

    1. 31.Appeals from decisions with respect to permits

  6. PART 5

    1. 32.Information

    2. 33.Public registers of information

    3. 34.Exclusion from registers of information affecting national security

    4. 35.Exclusion from registers of certain confidential information

  7. PART 6

    1. 36.Offences

    2. 37.Enforcement by the High Court

    3. 38.Admissibility of evidence

    4. 39.Power of court to order cause of offence to be remedied

  8. PART 7

    1. 40.Directions to enforcing authorities

    2. 41.Guidance to enforcing authorities

    3. 42.Plans relating to emissions

  9. PART 8

    1. 43.Disclosure of information

    2. 44.Revocations

  10. Signature

  11. SCHEDULES

    1. SCHEDULE 1

      ACTIVITIES, INSTALLATIONS AND MOBILE PLANT

      1. PART 1 ACTIVITIES

        1. CHAPTER 1 ENERGY INDUSTRIES

          1. SECTION 1.1 COMBUSTION ACTIVITIES

          2. SECTION 1.2 GASIFICATION, LIQUEFACTION AND REFINING ACTIVITIES

        2. CHAPTER 2 PRODUCTION AND PROCESSING OF METALS

          1. SECTION 2.1 FERROUS METALS

          2. SECTION 2.2 NON-FERROUS METALS

          3. SECTION 2.3 SURFACE TREATING METALS AND PLASTIC MATERIALS

        3. CHAPTER 3 MINERAL INDUSTRIES

          1. SECTION 3.1 PRODUCTION OF CEMENT AND LIME

          2. SECTION 3.2 ACTIVITIES INVOLVING ASBESTOS

          3. SECTION 3.3 MANUFACTURING GLASS AND GLASS FIBRE

          4. SECTION 3.4 PRODUCTION OF OTHER MINERAL FIBRES

          5. SECTION 3.5 OTHER MINERAL ACTIVITIES

          6. SECTION 3.6 CERAMIC PRODUCTION

        4. CHAPTER 4 THE CHEMICAL INDUSTRY

          1. SECTION 4.1 ORGANIC CHEMICALS

          2. SECTION 4.2 INORGANIC CHEMICALS

          3. SECTION 4.3 CHEMICAL FERTILISER PRODUCTION

          4. SECTION 4.4 PLANT PROTECTION PRODUCTS AND BIOCIDES

          5. SECTION 4.5 PHARMACEUTICAL PRODUCTION

          6. SECTION 4.6 EXPLOSIVES PRODUCTION

          7. SECTION 4.7 MANUFACTURING ACTIVITIES INVOLVING AMMONIA

          8. SECTION 4.8 THE STORAGE OF CHEMICALS IN BULK

        5. CHAPTER 5 WASTE MANAGEMENT

          1. SECTION 5.1 INCINERATION AND CO-INCINERATION OF WASTE

          2. SECTION 5.2 DISPOSAL OF WASTE BY LANDFILL

          3. SECTION 5.3 DISPOSAL OR RECOVERY OF HAZARDOUS WASTE OTHER THAN BY INCINERATION OR LANDFILL

          4. SECTION 5.4 DISPOSAL OR RECOVERY OF NON-HAZARDOUS WASTE

          5. SECTION 5.5 TEMPORARY AND UNDERGROUND STORAGE OF WASTE

        6. CHAPTER 6 OTHER ACTIVITIES

          1. SECTION 6.1 PAPER, PULP AND BOARD MANUFACTURING ACTIVITIES

          2. SECTION 6.2 CARBON ACTIVITIES

          3. SECTION 6.3 TAR AND BITUMEN ACTIVITIES

          4. SECTION 6.4 COATING ACTIVITIES, PRINTING AND TEXTILE TREATMENTS

          5. SECTION 6.5 THE MANUFACTURE OF DYESTUFFS, PRINTING INK AND COATING MATERIALS

          6. SECTION 6.6 TIMBER ACTIVITIES

          7. SECTION 6.7 ACTIVITIES INVOLVING RUBBER

          8. SECTION 6.8 THE TREATMENT OF ANIMAL AND VEGETABLE MATTER AND FOOD INDUSTRIES

          9. SECTION 6.9 INTENSIVE FARMING

          10. SECTION 6.10 CARBON CAPTURE AND STORAGE

          11. SECTION 6.11 WASTE WATER TREATMENT

        7. CHAPTER 7 SOLVENT EMISSIONS

          1. SECTION 7 SED ACTIVITIES

      2. PART 2 INTERPRETATION OF PART 1

        1. 1.The following rules apply for the interpretation of Part 1...

        2. 2.(1) Subject to sub-paragraph (2), an activity shall not be...

        3. 3.An activity shall not be taken to be an activity...

        4. 4.An activity listed in section 7 of Part 1 shall...

        5. 5.References in Part 1 to related activities are references to...

        6. 6.(1) This paragraph applies for the purpose of determining whether...

        7. 7.(1) Where an activity falls within a description in Part...

        8. 8.In Part 1— “background quantity” means, in relation to the...

        9. 9.References to, or to the release into the air of,...

        10. 10.References to, or to the release into water of, a...

        11. 11.(1) References to a substance listed in this paragraph are...

      3. PART 3 INTERPRETATION OF “PART A INSTALLATION” ETC.

        1. 12.For the purpose of these Regulations— “Part A installation” means...

        2. 13.For the purpose of these Regulations— “Part A mobile plant”...

        3. 14.A Part B installation where an activity falling within paragraph...

        4. 15.A Part B installation where an activity falling within paragraph...

        5. 16.(1) A Part B or Part C installation where an...

        6. 17.Where an installation is a Part A installation, a Part...

        7. 18.Where an installation is authorised by a permit granted under...

        8. 19.In this Part, “Part A activity”, “Part B activity” and...

    2. SCHEDULE 2

      BEST AVAILABLE TECHNIQUES

      1. 1.Subject to paragraph 2, in determining BAT, special consideration shall...

      2. 2.Sub-paragraphs (a) to (c) and (j) to (l) of paragraph...

    3. SCHEDULE 3

      PRESCRIBED DATE AND TRANSITIONAL ARRANGEMENTS

      1. PART 1 PART A INSTALLATIONS AND MOBILE PLANT

        1. 1.Save as set out in paragraph 2(b), for a Part...

        2. 2.For a Part A installation or Part A mobile plant—...

        3. 3.For a Part A installation or Part A mobile plant...

        4. 4.For any Part A installation or Part A mobile plant,...

      2. PART 2 PART B AND PART C INSTALLATIONS AND MOBILE PLANT

        1. 5.(1) Save as set out in sub-paragraphs (2) and (3),...

      3. PART 3 TRANSITIONAL ARRANGEMENTS

        1. 6.(1) The enforcing authority may accept a permit issued under...

        2. 7.The enforcing authority must ensure that the permit is fully...

      4. PART 4 APPLICATION OF THE POLLUTION PREVENTION AND CONTROL REGULATIONS (NORTHERN IRELAND) 2003

        1. 8.The Pollution Prevention and Control Regulations (Northern Ireland) 2003 shall...

    4. SCHEDULE 4

      GRANT OF PERMITS

      1. PART 1 APPLICATIONS FOR PERMITS

        1. 1.(1) An application to an enforcing authority for a permit...

        2. 1A.Paragraph 1(1) applies in relation to an application for a...

        3. 2.An application for a permit to operate a waste incineration...

        4. 3.An application for a landfill permit, where an activity falling...

        5. 4.(1) An application for a permit to operate an installation...

        6. 5.Paragraph 1(1) applies in relation to an application for a...

        7. 6.The enforcing authority may, by notice in writing, require the...

        8. 7.Subject to paragraph 30, the applicant shall, within the period...

        9. 8.Any advertisement required by paragraph 7 shall—

        10. 9.In the case of an application for a permit to...

        11. 10.Where an application is for a permit to operate more...

        12. 11.Paragraph 7 shall not apply in relation to an application...

      2. PART 2 DETERMINATION OF APPLICATIONS

        1. 12.(1) Subject to paragraphs 13 and 30 , the enforcing...

        2. 13.Paragraph 12 does not apply in relation to an application...

        3. 14.(1) If the enforcing authority proposes to grant a permit...

        4. 15.(1) Any representations made by any persons within the period...

        5. 16.In the case of an application for a permit to...

        6. 17.(1) The Department may give directions to the enforcing authority...

        7. 18.(1) Except in a case where an application has been...

        8. 19.(1) The enforcing authority shall— (a) within a period of...

        9. 20.(1) An advertisement required by paragraph 19 shall—

        10. 21.If the enforcing authority fails to give notice of its...

        11. 22.Where the Department is aware that the operation of an...

        12. 23.(1) Where an application is forwarded to a Member State...

        13. 24.Any representations on the draft determination made in the Member...

        14. 25.(1) For the purposes of Parts 1 and 2 “working...

      3. PART 3 NATIONAL SECURITY AND CONFIDENTIAL INFORMATION

        1. 26.The requirements of paragraph 7 shall not apply in so...

        2. 27.The requirements of paragraph 12, other than paragraph 12(f), shall...

        3. 28.Subject to paragraph 29, the requirements of paragraph 12(1)(b)(ii), (iii)...

        4. 29.Paragraph 28 shall not apply in relation to information which...

        5. 30.Where a matter falls to be determined under regulation 34...

        6. 31.For the purpose of paragraph 30, the matters to be...

    5. SCHEDULE 5

      POLLUTANTS

      1. 1.AIR

      2. 2.Oxides of nitrogen and other nitrogen compounds.

      3. 3.Carbon monoxide.

      4. 4.Volatile organic compounds.

      5. 5.Metals and their compounds.

      6. 6.Dust including fine particulate matter.

      7. 7.Asbestos (suspended particulates, fibres).

      8. 8.Chlorine and its compounds.

      9. 9.Fluorine and its compounds.

      10. 10.Arsenic and its compounds.

      11. 11.Cyanides.

      12. 12.Substances and mixtures which have been proved to possess carcinogenic...

      13. 13.Polychlorinated dibenzodioxins and polychlorinated dibenzofurans.

      14. 1.WATER

      15. 2.Organophosphorus compounds.

      16. 3.Organotin compounds.

      17. 4.Substances and mixtures which have been proved to possess carcinogenic...

      18. 5.Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances.

      19. 6.Cyanides.

      20. 7.Metals and their compounds.

      21. 8.Arsenic and its compounds.

      22. 9.Biocides and plant protection products.

      23. 10.Materials in suspension.

      24. 11.Substances which contribute to eutrophication (in particular, nitrates and phosphates)....

      25. 12.Substances which have an unfavourable influence on the oxygen balance...

      26. 13.Substances listed in Annex X to Directive 2000/60/EC.

    6. SCHEDULE 6

      COMPENSATION IN RELATION TO OFF-SITE CONDITIONS

      1. 1.(1) This Schedule applies in any case where—

      2. 2.In a case where this Schedule applies, any person who...

      3. 3.Subject to paragraph 6(3) and (5)(b), compensation shall be payable...

      4. 4.(1) Subject to sub-paragraph (2), an entitlement to compensation under...

      5. 5.(1) An application for compensation under this Schedule shall be...

      6. 6.(1) The amount to be paid by way of compensation...

      7. 7.(1) Compensation payable under this Schedule in respect of an...

      8. 8.(1) Compensation payable under this Schedule shall carry interest at...

    7. SCHEDULE 7

      VARIATION OF CONDITIONS

      1. PART 1 APPLICATIONS FOR VARIATION OF CONDITIONS

        1. 1.An application under regulation 19(2) for the variation of the...

        2. 2.If a proposed change in the operation of a Part...

        3. 3.An application under regulation 19(2) for the variation of the...

        4. 4.The enforcing authority may, by notice in writing to the...

        5. 5.(1) Subject to sub-paragraph (2), this paragraph shall apply where...

        6. 6.(1) Subject to paragraph 24(b), an operator notified under paragraph...

        7. 7.(1) The Department may give directions to the enforcing authority...

        8. 8.(1) Except in a case where an application under regulation...

        9. 9.(1) The enforcing authority shall give notice of their draft...

        10. 10.(1) An advertisement required by paragraph 9 shall—

        11. 11.If the enforcing authority fails to give notice of its...

      2. PART 2 VARIATION NOTICES

        1. 12.(1) Subject to paragraph (2), this paragraph applies where the...

        2. 13.The chief inspector shall notify the operator of a Part...

        3. 14.(1) Subject to paragraph 24(b), an operator notified under paragraph...

        4. 15.(1) If the enforcing authority proposes to serve a variation...

        5. 16.(1) In the case of a proposed variation notice affecting...

      3. PART 3 TRANSBOUNDARY NOTIFICATION

        1. 17.Where the Department is aware that an application or a...

        2. 18.Where an application or proposal to serve a variation notice...

        3. 19.In determining an application or before serving a variation notice...

        4. 20.Any representations on the draft determination made in the Member...

        5. 21.(1) For the purposes of this Schedule “working day” means...

      4. PART 4 NATIONAL SECURITY AND CONFIDENTIAL INFORMATION

        1. 22.The requirements of paragraph 6(1) and 14(1) shall not apply...

        2. 23.Paragraphs 27, 28 and 29 of Schedule 4 shall apply...

        3. 24.Where a matter falls to be determined under regulation 34...

        4. 25.Paragraph 31 of Schedule 4 shall apply for the purpose...

    8. SCHEDULE 8

      SED INSTALLATIONS

      1. 1.Application

      2. 2.Interpretation

      3. 3.Exercise of relevant functions

    9. SCHEDULE 9

      LARGE COMBUSTION PLANTS

      1. 1.Application

      2. 2.This Schedule applies, from 1st January 2016, in relation to...

      3. 3.Interpretation

      4. 4.Exercise of relevant functions

    10. SCHEDULE 9A

      Medium Combustion Plant

      1. PART 1 General

        1. 1.Application

        2. 2.Interpretation

        3. 3.Applications for the grant of a permit

        4. 4.Exercise of relevant function

      2. PART 2 Emission Limit Values

        1. 5.Interpretation of this Part

        2. 6.Emission limit values

        3. 7.Limited operating hours – existing medium combustion plants

        4. 8.Limited operating hours – new medium combustion plants

        5. 9.Small and micro isolated systems

        6. 10.Plant at gas compressor stations

        7. 11.Temporary derogations

    11. SCHEDULE 9B

      Specified generators

      1. 1.Application

      2. 2.Interpretation – specified generators

      3. 3.Interpretation – relevant dates and permitting dates

      4. 4.Interpretation - general

      5. 5.Permit conditions: general

      6. 6.Exceptions to permit conditions

    12. SCHEDULE 10

      TITANIUM DIOXIDE

      1. 1.Application

      2. 2.Interpretation

      3. 3.Exercise of functions

    13. SCHEDULE 11

      WASTE INCINERATION

      1. 1.Application

      2. 2.Interpretation

      3. 3.Exercise of relevant functions

      4. 4.Waste separately collected for preparing for re-use and recycling not to be incinerated

    14. SCHEDULE 12

      PETROL VAPOUR RECOVERY

      1. PART 1 PVR I

        1. 1.Application

        2. 2.Interpretation

        3. 3.Exercise of enforcing authority functions

      2. PART 2 PVR II

        1. 1.Application

        2. 2.Interpretation

        3. 3.Exercise of district council functions

    15. SCHEDULE 13

      ASBESTOS

      1. 1.Application

      2. 2.Interpretation

      3. 3.Exercise of chief inspector’s functions

    16. SCHEDULE 13A

      ENERGY EFFICIENCY DIRECTIVE

      1. 1.Application

      2. 2.Interpretation

      3. 3.Cost-benefit analysis

      4. 4.An operator of an installation, carrying out an activity with...

      5. 5.The application for a variation of the conditions of the...

      6. 6.An application to an enforcing authority under regulation 10 for...

      7. 7.An operator of an installation with a total net thermal...

      8. 8.The application for a variation of the conditions of the...

      9. 9.An application to an enforcing authority under regulation 10 for...

      10. 10.An operator of an installation with a total net thermal...

      11. 11.The application for a variation in the conditions of the...

      12. 12.Paragraphs 3 to 11 shall not apply to—

      13. 13.Where the exemption specified in paragraph 12(1) applies, the enforcing...

      14. 14.Paragraphs 6 to 11 shall not apply to individual installations:...

      15. 15.For the purposes of paragraph 14, “connection distance” means—

      16. 16.From 31st December 2015, when considering permit applications and applications...

      17. 17.Subject to paragraph 19, where a cost-benefit analysis, required pursuant...

      18. 18.Subject to paragraph 19, where a cost-benefit analysis required pursuant...

      19. 19.Paragraphs 17 and 18 do not apply if, in individual...

      20. 20.The provisions of this Schedule apply to installations covered by...

    17. SCHEDULE 14

      SUPPLEMENTAL PROVISIONS WITH RESPECT TO POWERS OF ENTRY

      1. 1.In this Schedule— “relevant power” means a power conferred by...

      2. 2.(1) If it is shown to the satisfaction of a...

      3. 3.(1) Subject to regulation 30(10), information obtained in consequence of...

      4. 4.An inspector who, in the exercise of a relevant power,...

      5. 5.(1) Where an inspector exercises any power conferred by regulation...

    18. SCHEDULE 15

      APPEALS FROM DECISIONS WITH RESPECT TO PERMITS

      1. 1.(1) A person who wishes to appeal to the Planning...

      2. 2.Notice of appeal in accordance with paragraph 1 is to...

      3. 3.The enforcing authority shall, within 14 days of receipt of...

      4. 4.(1) The Planning Appeals Commission shall determine the appeal and...

    19. SCHEDULE 16

      REGISTERS

      1. 1.(1) A register maintained by an enforcing authority under regulation...

      2. 2.Where an application is withdrawn by the applicant at any...

      3. 3.Where, following an amendment of Schedule 1, these Regulations cease...

      4. 4.Nothing in paragraph 1 requires an enforcing authority to keep...

      5. 5.Any details of a formal caution included in a register...

    20. SCHEDULE 17

      REVOCATIONS

  12. Explanatory Note

Back to top

Options/Help

Print Options

You have chosen to open The Whole Rule

The Whole Rule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Rule as a PDF

The Whole Rule you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Rule

The Whole Rule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: