The Solvent Emissions Regulations (Northern Ireland) 2004

PART 4 application to parts 1 to 3

19.—(1) Parts 1 to 3 of this Schedule shall apply subject to the provisions of this Part.

(2) Where an installation is wholly an SED installation and only carries out activities which do not fall within sections 1.1 to 6.9 of Part 1 of Schedule 1 the prescribed date for that installation shall be determined in accordance with Part 3.

(3) Subject to the provisions of sub-paragraphs (4) to (6) below, the prescribed date for installations which carry out an activity falling within a description in sections 1.1 to 6.9 of Part 1 of Schedule 1 (and directly associated activities) shall be determined in accordance with Part 1 or 2.

(4) Subject to sub-paragraphs (5) and (6), where an SED installation carries out activities which are also wholly or partly activities falling within any description in sections 1.1 to 6.9 of Part 1 of Schedule 1 (and any directly associated activities), the prescribed date for that installation shall be determined in accordance with paragraphs 13 and 14 of Part 3 unless –

(a) the activities carried out by the SED installation fall wholly within any description set out in Schedule 1 to the 1998 Regulations under the heading “Part A, Part B or Part C” and are wholly covered by an authorisation granted under Article 6 of the 1997 Order;

(b) the anticipated prescribed date for the installation under Part 1 or 2 is earlier than the anticipated prescribed date for the SED installation under paragraph 13 or 14 of Part 3;

(c) an application to operate the installation has already been made or is already deemed to have been made at the date of coming into operation of the SED Regulations.

(5) Subject to sub-paragraph (6), where an installation –

(a) carries out an SED activity and directly associated activities which are only partly also activities falling within a description in sections 1.1 to 6.9 of Part 1 of Schedule 1 and directly associated activities; and

(b) falls within the exception in sub-paragraph (4)(b);

the installation shall be regarded, for the purposes of this Schedule, as if it were two separate installations one consisting of the part of the installation carrying out activities under sections 1.1 to 6.9 in Part 1 of Schedule 1 (and directly associated activities) for which the prescribed date shall be determined in accordance with Parts 1 or 2 and the other consisting of the remainder of the installation for which the prescribed date shall be determined in accordance with Part 3.

(6) Where sub-paragraph (5) applies the operator may apply in writing to the enforcing authority for consent to make an application at the earliest anticipated prescribed date covering the whole installation.

(7) Where an existing SED installation installs abatement equipment or undergoes a substantial change in operation, the prescribed date for the affected part shall be determined in accordance with paragraphs 15 or 16 of Part 3 unless –

(a) the prescribed date for the installation under Parts 1 or 2 or paragraphs 13 or 14 of Part 3 is earlier than the prescribed date for the affected part of the SED installation under paragraphs 15 or 16 of Part 3, or

(b) in relation to an SED installation which installs abatement equipment, the activities carried out by the affected part of the SED installation fall wholly within any description set out in Schedule 1 to the 1998 Regulations under the heading “Part A” and are wholly covered by an authorisation granted under Article 6 of the 1997 Order.

20.  In this Schedule –

“affected part” means that part of an SED installation which undergoes a substantial change in operation or in which abatement equipment is installed;

“anticipated prescribed date” means –

(a)

in relation to a prescribed date under Part 1 of this Schedule,

(i)

for new installations and mobile plant and for existing Part A installations and existing Part A mobile plant where there is a substantial change to the operation of the installation or mobile plant the last day of a period of 6 months from the last day for making an application for a permit under that Part;

(ii)

for existing Part A installations and Part A mobile plant other than those referred to in sub-paragraph (i), the last day of a period of 9 months from the last day for making an application for a permit under that Part;

(b)

in relation to a prescribed date for a deemed application under paragraph 3 of Part 2 of this Schedule, the last day of a period of 12 months from the relevant date specified in paragraph 10 of that Part;

(c)

in relation to a prescribed date under paragraphs 13 and 14 of Part 3,

(i)

for new installations and mobile plant and for existing Part A installations and existing Part A mobile plant where there is a substantial change to the operation of the installation or mobile plant the last day of a period of 6 months from the last day for making an application for a permit under that Part;

(ii)

for existing Part A installations and Part A mobile plant other than those referred to in sub-paragraph (i), the last day of a period of 9 months from the last day for making an application for a permit under that Part;

“existing SED installation” means –

(a)

an SED installation which was put into operation before 1st April 2001; or

(b)

an SED installation which was subject to a permit on 1st April 2001 or to a full application for a permit and was put into operation on or before 1st April 2002.

“the 1998 Regulations” means the Industrial Pollution Control (Prescribed Processes and Substances) Regulations (Northern Ireland) 1998(1);

“the SED Regulations” means the Solvent Emissions Regulations (Northern Ireland) 2004.

(1)

S.R. 2003 No. 28