The Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2012 (revoked)

1Citation and commencement

2Interpretation: general

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

4Fit and proper person

5Application to the Crown

7Discharge and scope of functions

8Appointment of chief inspector and other inspectors

9Permits: requirement for a permit

10Permits: general provisions

11Conditions of permits: general principles

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

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

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

15Conditions of permits: Department's notice in relation to emissions into water

16General binding rules

17Review of conditions of permits

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

19Variation of conditions of permits

20Transfer of permits

21Death of a permit holder

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

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

24Revocation of permits

25Fees and charges in relation to permits

PART 3ENFORCEMENT

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

27Enforcement notices

28Suspension notices

29Power of the enforcing authority to prevent or remedy pollution

30Powers of inspectors and others

31Appeals from decisions with respect to permits

PART 5INFORMATION AND PUBLICITY

33Public registers of information

34Exclusion from registers of information affecting national security

35Exclusion from registers of certain confidential information

PART 6PROVISION AS TO OFFENCES

37Enforcement by the High Court

38Admissibility of evidence

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

PART 7THE DEPARTMENT'S POWERS

40Directions to enforcing authorities

41Guidance to enforcing authorities

42Plans relating to emissions

PART 8MISCELLANEOUS AND SUPPLEMENTAL PROVISIONS

43Disclosure of information

SCHEDULE 1ACTIVITIES, INSTALLATIONS AND MOBILE PLANT

PART 1ACTIVITIES

CHAPTER 1ENERGY INDUSTRIES

SECTION 1.1COMBUSTION ACTIVITIES

1Where two or more appliances with an aggregate rated thermal...

1Nothing in this Part applies to any activity falling within...

SECTION 1.2GASIFICATION, LIQUEFACTION AND REFINING ACTIVITIES

1Head (f) does not include— (a) the incineration or pyrolysis...

2In head (f), the heat treatment of oil, other than...

1In this Part— “existing service station” means a service station—...

2Any other expressions used in this Part which are also...

CHAPTER 2PRODUCTION AND PROCESSING OF METALS

SECTION 2.1FERROUS METALS

1In this section, “ferrous alloy” means an alloy of which...

SECTION 2.2NON-FERROUS METALS

1In this Part “net rated thermal input” is the rate...

1In this section “non-ferrous metal alloy” means an alloy which...

2Nothing in paragraph (c) of Part A or in Part...

SECTION 2.3SURFACE TREATING METALS AND PLASTIC MATERIALS

CHAPTER 3MINERAL INDUSTRIES

SECTION 3.1PRODUCTION OF CEMENT AND LIME

SECTION 3.2ACTIVITIES INVOLVING ASBESTOS

1In this section “asbestos” includes any of the following fibrous...

SECTION 3.3MANUFACTURING GLASS AND GLASS FIBRE

SECTION 3.4PRODUCTION OF OTHER MINERAL FIBRES

SECTION 3.5OTHER MINERAL ACTIVITIES

1In Parts B and C— “coal” includes lignite; “designated mineral...

2Nothing in this Part applies to any activity carried out...

SECTION 3.6CERAMIC PRODUCTION

1In these Parts— “clay” includes a blend of clay with...

CHAPTER 4THE CHEMICAL INDUSTRY

1In Part A of the sections of this Chapter, “producing”...

SECTION 4.1ORGANIC CHEMICALS

1In this section, “pre-formulated resin or pre-formulated gel coat” means...

ORGANIC CHEMICALS

1In this section, “pre-formulated resin or pre-formulated gel coat” means...

SECTION 4.2INORGANIC CHEMICALS

1“Carbonaceous material” referred to in (f) includes such materials as...

SECTION 4.3CHEMICAL FERTILISER PRODUCTION

SECTION 4.4PLANT PROTECTION PRODUCTS AND BIOCIDES

SECTION 4.5PHARMACEUTICAL PRODUCTION

SECTION 4.6EXPLOSIVES PRODUCTION

SECTION 4.7MANUFACTURING ACTIVITIES INVOLVING AMMONIA

SECTION 4.8THE STORAGE OF CHEMICALS IN BULK

CHAPTER 5WASTE MANAGEMENT

SECTION 5.1INCINERATION AND CO-INCINERATION OF WASTE

1In this section— “excluded plant” means— a plant treating only...

SECTION 5.2DISPOSAL OF WASTE BY LANDFILL

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

SECTION 5.4DISPOSAL OR RECOVERY OF NON-HAZARDOUS WASTE

SECTION 5.5TEMPORARY AND UNDERGROUND STORAGE OF WASTE

CHAPTER 6OTHER ACTIVITIES

SECTION 6.1PAPER, PULP AND BOARD MANUFACTURING ACTIVITIES

SECTION 6.2CARBON ACTIVITIES

SECTION 6.3TAR AND BITUMEN ACTIVITIES

1In this Part “tar” and “bitumen” include pitch. Part C...

SECTION 6.4COATING ACTIVITIES, PRINTING AND TEXTILE TREATMENTS

1In this Part— “aircraft” includes gliders and missiles; “coating material”...

2The amount of organic solvents used in an activity shall...

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

1In this Part, “coating material” has the same meaning as...

2The amount of organic solvents used in an activity shall...

SECTION 6.6TIMBER ACTIVITIES

1In this Part— “relevant activities” other than sawing are “exempt...

SECTION 6.7ACTIVITIES INVOLVING RUBBER

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

1In this section— “animal” includes a bird or a fish;...

SECTION 6.9INTENSIVE FARMING

1The conditions of permits relating to Intensive Agriculture under this...

SECTION 6.10CARBON CAPTURE AND STORAGE

SECTION 6.11WASTE WATER TREATMENT

CHAPTER 7SOLVENT EMISSIONS

SECTION 7SED ACTIVITIES

1Expressions used both in this Part and in Chapter V...

2For the purposes of this Part— “adhesive” means any mixture,...

PART 2INTERPRETATION OF PART 1

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

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

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

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

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

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

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

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

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

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

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

PART 3INTERPRETATION OF “PART A INSTALLATION” ETC.

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

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

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

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

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

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

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

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

SCHEDULE 2BEST AVAILABLE TECHNIQUES

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

2Sub-paragraphs (a) to (c) and (j) to (l) do not...

SCHEDULE 3PRESCRIBED DATE AND TRANSITIONAL ARRANGEMENTS

PART 1PART A INSTALLATIONS AND MOBILE PLANT

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

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

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

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

PART 2PART B AND PART C INSTALLATIONS AND MOBILE PLANT

5The prescribed date for a Part B or Part C...

PART 3TRANSITIONAL ARRANGEMENTS

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

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

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

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

SCHEDULE 4GRANT OF PERMITS

PART 1APPLICATIONS FOR PERMITS

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

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

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

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

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

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

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

8Any advertisement required by paragraph 7 shall—

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

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

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

PART 2DETERMINATION OF APPLICATIONS

12(1) Subject to paragraph 30, the enforcing authority shall, within...

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

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

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

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

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

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

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

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

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

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

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

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

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

PART 3NATIONAL SECURITY AND CONFIDENTIAL INFORMATION

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

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

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

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

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

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

SCHEDULE 5POLLUTANTS

2Oxides of nitrogen and other nitrogen compounds.

3Carbon monoxide.

4Volatile organic compounds.

5Metals and their compounds.

6Dust including fine particulate matter.

7Asbestos (suspended particulates, fibres).

8Chlorine and its compounds.

9Fluorine and its compounds.

10Arsenic and its compounds.

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

13Polychlorinated dibenzodioxins and polychlorinated dibenzofurans.

2Organophosphorus compounds.

3Organotin compounds.

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

5Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances.

7Metals and their compounds.

8Arsenic and its compounds.

9Biocides and plant protection products.

10Materials in suspension.

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

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

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

SCHEDULE 6COMPENSATION IN RELATION TO OFF-SITE CONDITIONS

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

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

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

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

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

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

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

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

SCHEDULE 7VARIATION OF CONDITIONS

PART 1APPLICATIONS FOR VARIATION OF CONDITIONS

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

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

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

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

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

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

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

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

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

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

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

PART 2VARIATION NOTICES

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

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

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

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

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

PART 3TRANSBOUNDARY NOTIFICATION

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

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

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

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

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

PART 4NATIONAL SECURITY AND CONFIDENTIAL INFORMATION

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

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

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

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

SCHEDULE 8SED INSTALLATIONS

2Interpretation

3Exercise of relevant functions

SCHEDULE 9LARGE COMBUSTION PLANTS

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

3Interpretation

4Exercise of relevant functions

SCHEDULE 10TITANIUM DIOXIDE

2Interpretation

3Exercise of functions

SCHEDULE 11WASTE INCINERATION

2Interpretation

3Exercise of relevant functions

SCHEDULE 12PETROL VAPOUR RECOVERY

2Interpretation

3Exercise of enforcing authority functions

2Interpretation

3Exercise of district council functions

SCHEDULE 13ASBESTOS

2Interpretation

3Exercise of chief inspector's functions

SCHEDULE 14SUPPLEMENTAL PROVISIONS WITH RESPECT TO POWERS OF ENTRY

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

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

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

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

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

SCHEDULE 15APPEALS FROM DECISIONS WITH RESPECT TO PERMITS

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

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

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

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

SCHEDULE 16REGISTERS

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

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

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

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

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

SCHEDULE 17REVOCATIONS

2012 No. 453

Environmental Protection

The Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2012 (revoked)F1

Made14th December 2012

Coming into operation6th January 2013

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F1

Regulations revoked (20.6.2013) by The Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 (S.R. 2013/160), reg. 1, Sch. 17 (with reg. 5)