The Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013

Conditions in permits

9.—(1) Subject to regulation 10, the Secretary of State must—

(a) set conditions in a permit to secure the matters in paragraph (2); and

(b) in setting conditions on the basis of best available techniques, give particular consideration to the criteria listed in Schedule 1 in determining those techniques but must not prescribe the use of any particular technique or technology.

(2) The matters referred to in paragraph (1)(a) are that—

(a) the operator complies with the principles in regulation 7(3);

(b) in respect of a pollutant listed in Schedule 2 which is likely to be emitted from the offshore combustion installation in significant quantities, there are controls on the emissions in the form of—

(i) emission limit values for the pollutant;

(ii) where the Secretary of State considers it appropriate, equivalent parameters or technical measures; or

(iii) a combination of such values, parameters or measures,

and that those controls have regard to the total mass of the emissions from the offshore combustion installation, the nature of the pollutant and its potential to transfer pollution from one medium to another;

(c) in respect of waste generated by the offshore combustion installation, there are appropriate measures to monitor and control that waste;

(d) in respect of a pollutant which may be emitted from the offshore combustion installation, there are suitable emission monitoring requirements for such an emission, which include—

(i) measurement methodology, frequency and evaluation procedure;

(ii) where the Secretary of State intends to set less strict emission limit values as provided by regulation 10(1), that the results of emission monitoring are provided for the same periods and with the same reference conditions as would apply to emission levels associated with the best available techniques; and

(iii) the provision at least annually of information on the basis of the results of emission monitoring under paragraphs (i) and (ii) and such other data which enables the Secretary of State to verify compliance with the permit;

(e) in respect of subparagraph (d)(ii) where it applies, there are requirements to provide a summary of the results of emission monitoring which allows a comparison with the emission levels associated with the best available techniques;

(f) in respect of pollution which may travel long distances or to another member State, there are appropriate controls to minimise that travel;

(g) in respect of an operation of the offshore combustion installation other than a normal operation, including start-up and shutdown, leaks, malfunctions, momentary stoppages and definitive cessation of operation, there are controls which minimise risks to the environment from such an operation;

(h) in respect of any incident or accident which may significantly affect the environment, the operator immediately—

(i) informs the Secretary of State and any other public authority which has responsibilities concerning such incidents or accidents; and

(ii) takes the measures required to limit the environmental consequences and to prevent further possible incidents or accidents; and

(i) in respect of any breach of the conditions in a permit, the operator as soon as possible informs the Secretary of State and takes the necessary measures to restore compliance.

(3) The Secretary of State—

(a) must include conditions in a permit which enable the Secretary of State to assess compliance with emission limit values; and

(b) may include such other conditions in a permit as the Secretary of State thinks fit.