The Solvent Emissions Regulations (Northern Ireland) 2004

Application for an extension of an existing permit in relation to installations covered by the Solvent Emissions Directive

4.—(1) Where the prescribed dates for an installation, which is already in part subject to a permit, are determined in accordance with paragraph 19(5) of Part 4 of Schedule 3 to the 2003 Regulations (determination of the prescribed date for an SED installation carrying out activities which are only partly also activities falling within sections 1.1 to 6.9 of Part 1 of Schedule 1 and associated activities) and the prescribed date for part of the SED installation has not yet passed, the operator may make an application to extend the scope of the permit to incorporate the whole of the SED installation.

(2) Subject to paragraph (3), the provisions of paragraph 17 of, and Schedule 7 to, the 2003 Regulations shall apply to an application under paragraph (1) as if it were an application for a variation of a permit under regulation 17(2) of the 2003 Regulations.

(3) In relation to an application under paragraph (1) –

(a) regulation 17 shall apply as if –

(i) for paragraph (4) there were substituted the following paragraph –

“(4) Where an application is duly made to the enforcing authority under regulation 4(1) of the Solvent Emissions Regulations (Northern Ireland) 2004, the enforcing authority shall either extend the scope of the permit subject to the conditions required or authorised to be imposed by regulations 11, 12 and 12A or refuse to extend the permit.”.

(ii) for paragraph (5) there were substituted the following paragraph –

“(5) Where the enforcing authority decides to extend the scope of the permit, it shall serve a notice on the operator (a “variation notice”) specifying how the permit will be extended, the conditions which will be imposed on the part of the installation covered by the extension and the date on which, unless the notice is withdrawn, the extension shall take effect.”.

(iii) for paragraph (7) there were substituted the following paragraph –

(7) Where the enforcing authority decides on an application under regulation 4(1) of the Solvent Emissions Regulations (Northern Ireland) 2004 not to extend the permit, it shall give notice of its decision to the operator in writing.”;

(b) Schedule 7 shall apply as if –

(i) in paragraph 1(e) of Part 1 after “conditions of the permit” there were inserted “and the extension of the scope of the permit”;

(ii) at the end of paragraph 1 there were inserted a new sub-paragraph (h) as follows –

“(h) in the case of an application for a variation to extend the scope of the permit in respect of an SED installation the information specified in paragraph 1B of Part 1 of Schedule 4.”.

(iii) in paragraph 4(1) “or” were deleted from the end of sub-paragraph (a), “or” were inserted at the end of sub-paragraph (b) and there were inserted a new sub-paragraph (c) as follows –

“(c) an application is made under regulation 4(1) of the Solvent Emissions Regulations (Northern Ireland) 2004 to extend the scope of the permit.;

(iv) at the end of paragraph 4(9)(c) there were inserted “or, in the case of an application under regulation 4(1) of the Solvent Emissions Regulations (Northern Ireland) 2004, by the extension of the scope of the permit.”.

(4) Where an application for a variation is made under paragraph (1), the provisions of Part 3 of Schedule 3 to the 2003 Regulations shall be read as if references to an “application for a permit to operate the installation” were references to an “application for variation of a permit,”;

(5) An application for a variation of the conditions of a permit under regulation 3(1), (5), (8), (11) and (12) and an application for variation to extend the scope of the permit under paragraph (1) may be made combined in one application.

Supplementary applications in relation to installations covered by the Solvent Emissions Directive

5.— (1) Where an operator has made or is deemed to have made an application under regulation 10 of the 2003 Regulations to operate an installation containing an SED installation (the “original application”) and –

(a) the operator wishes to make a substantial change in the operation of the SED installation, to install abatement equipment, or to begin using a risk phrase substance or preparation before the original application has been determined; or

(b) the operator wishes to use a reduction scheme and the original application has not been determined by the enforcing authority by 31st August 2005; or

(c) in relation to an installation for which the prescribed date is determined in accordance with paragraph 19(5) of Part 4 of Schedule 3 to the 2003 Regulations (determination of the prescribed date for an SED installation carrying out activities which are only partly also activities falling within sections 1.1 to 6.9 of Part 1 of Schedule 1 and associated activities), the original application is not determined by the enforcing authority before the date for which he is required to apply for a permit for the remaining part of the installation,

the operator may make a supplementary application to the enforcing authority.

(2) A supplementary application under paragraph (1) shall contain –

(a) in the case of an application under paragraph (1)(a), a description of the substantial change in the operation or abatement equipment to be installed or a description of the risk phrase substance or preparation to be used;

(b) in the case of an application under paragraph 1(b), details of the reduction scheme; and

(c) any information which would be required under Schedule 4 to be included in an application to operate the installation which is not in the original application.

(3) Where an operator makes a supplementary application under paragraph (1) –

(a) the original application shall be amended to include the provisions of the supplementary application; and

(b) the resulting application shall be deemed to have been made on the date the supplementary application is made.

Duty for operators applying to use a reduction scheme

6.— (1) Where, in respect of an existing SED installation, an operator makes –

(a) an application for a permit; or

(b) an application for a variation of the conditions of an existing permit or authorisation under regulation 3 or for an extension of an existing permit under regulation 4; or

(c) a supplementary application under regulation 5,

and indicates that he wishes to use a reduction scheme in respect of that SED installation, the operator shall, from 31st October 2005 until the determination date for the SED installation, operate the SED installation in accordance with the requirements of the proposed reduction scheme.

(2) In paragraph (1), the “determination date” shall be interpreted in accordance with Part 3 of Schedule 3 to the 2003 Regulations.

(3) Where an enforcing authority considers that an operator has failed, is failing or is likely to fail to comply with the requirement under paragraph (1), the enforcing authority may serve a notice on the operator requiring him to comply with that requirement and specifying the period within which it shall be complied with.

(4) A notice served under paragraph (3) shall be treated as an enforcement notice served under regulation 24(1) of the 2003 Regulations and the provisions of those Regulations shall be deemed to apply to such a notice.

(5) For the purposes of the discharge of its functions under this regulation the enforcing authority may serve a notice on any person requiring that person to furnish such information as is specified in the notice, in such form and within such period following service of the notice or at such time as is so specified.

(6) A notice served under paragraph (5) shall be treated as a notice served under regulation 28(2) of the 2003 Regulations and the provisions of those Regulations shall be deemed to apply to such a notice.

Duration of regulations 3 to 6

7.— (1) Subject to paragraph (2), regulations 3 to 6 shall cease to have effect on 1st November 2007 (“the sunset date”).

(2) Where –

(a) an operator has made or is deemed to have made an application for a permit to operate an installation containing an SED installation under regulation 10 of the 2003 Regulations; and

(b) the application has not been determined prior to the sunset date,

regulation 6 shall continue to apply until the determination date for that installation.

(3) In paragraph (2) determination date means –

(a) for an SED installation or part of an SED installation, in relation to which a permit is granted, the date on which it is granted, whether in pursuance of the application, or, on an appeal, of a direction to grant it;

(b) for an SED installation or part of an SED installation, in relation to which a permit is refused and the applicant for the permit appeals against the refusal, the date of the affirmation of the refusal;

(c) for an SED installation or part of an SED installation, in relation to which a permit is refused and no appeal is made against the refusal, the date immediately following the last day, determined in accordance with paragraph 2 of Schedule 9 to the 2003 Regulations, on which notice of appeal might have been given;

(d) for an SED installation or part of an SED installation, in relation to which an application is withdrawn in accordance with regulation 6(6) of the 2003 Regulations or deemed to have been withdrawn in accordance with paragraph 4 of Schedule 4 to the 2003 Regulations, the date the application is withdrawn or deemed to have been withdrawn.

Amendment to the Pollution Prevention and Control Regulations (Northern Ireland) 2003

8.— (1) The 2003 Regulations shall be amended in accordance with paragraphs (2) to (12).

(2) In regulation 2(2) (interpretation: general) –

(a) in the definition of “change in operation” for the words “and “substantial change in operation”” to the end there shall be substituted the following –

“and “substantial change in operation” means, in relation to an installation or mobile plant, a change in operation which, in the opinion of the enforcing authority, may have significant negative effects on human beings or the environment and shall include (except in relation to Part 1 of Schedule 3) –

(i)

in relation to a small SED installation which does not fall wholly within the scope of the IPPC Directive, a change of the nominal capacity leading to an increase of emissions of volatile organic compounds of more than 25 percent;

(ii)

in relation to all other SED installations which do not fall within the scope of the IPPC Directive, a change of the nominal capacity leading to an increase of emissions of volatile organic compounds of more than 10 percent;”;

(b) after the definition of “change in operation” there shall be inserted the following –

““directly associated activity” means –

(i)

in relation to an activity carried out in a stationery technical unit and falling within any description in sections 1.1 to 6.9 of Part 1 of Schedule 1, any directly associated activity which has a technical connection with the activity carried out in the stationery technical unit and which could have an effect on pollution, and

(ii)

in relation to an SED activity, any directly associated activity which has a technical connection with the SED activity carried out on the same site and which could have an effect on any discharge of volatile organic compounds into the environment;”;

(c) the definition of “the Directive” shall be deleted;

(d) for the definition of “installation” there shall be substituted the following –

““installation” means (except where used in the term SED installation) –

(i)

a stationary technical unit where one or more activities listed in Part 1 of Schedule 1 are carried out;

(ii)

any other location on the same site where any other directly associated activities are carried out,

and, other than in Schedule 3, references to an installation include references to part of an installation;”;

(e) after the definition of “installation” there shall be inserted the following –

““the IPPC Directive” means Council Directive 96/61/EC(1) concerning integrated pollution prevention and control;”;

(f) in the definition of “mobile plant” before “Part 1” there shall be inserted “sections 1.1 to 6.9 of”;

(g) after the definition of “mobile plant” there shall be inserted the following –

• ““new SED installation” and “existing SED installation” shall be interpreted in accordance with Schedule 3;”;

(h) after the definition of “off-site condition” there shall be inserted the following –

““organic compound” means any compound containing at least the element carbon and one or more of hydrogen, halogens, oxygen, sulphur, phosphorous, silicon or nitrogen, with the exception of carbon oxides and inorganic carbonates and bicarbonates;”;

(i) after the definition of “prescribed” there shall be inserted the following –

““reduction scheme” means a reduction scheme which complies with Annex IIB of the Solvent Emissions Directive;”;

(j) after the definition of “revocation notice” there shall be inserted the following –

““SED activity” means any activity falling within section 7 of Part 1 of Schedule 1”;

“SED installation” means –

(i)

a stationary technical unit where one or more SED activities are carried out; and

(ii)

any other location on the same site where any other directly associated activities are carried out;

“small SED installation” means an SED installation which falls within the lower threshold band of items 1, 3, 4, 5, 8, 10, 13, 16 or 17 of Annex IIA of the Solvent Emissions Directive or, for the other activities of Annex IIA, which have a solvent consumption of less than 10 tonnes/year;.

“the Solvent Emissions Directive” means Council Directive 1999/13/EC(2) on the limitation of emissions of volatile organic compounds due to the use of solvents in certain activities and installations;”; and

(k) after the definition of “variation notice” there shall be inserted the following –

““volatile organic compound” or “VOC” means –

(i)

any organic compound having a vapour pressure of 0.01 kPA or more at 293.15K or having a corresponding volatility under the particular conditions of use, or

(ii)

the fraction of creosote which exceeds a vapour pressure of 0.01 kPA at 293.15K.”.

(3) For all occurrences of the words “the Directive” there shall be substituted “the IPPC Directive”.

(4) In regulation 7 (discharge and scope of functions) –

(a) in paragraph (3) after “and” there shall be inserted “, subject to paragraph (3A),”;

(b) after paragraph (3) there shall be inserted the following –

(3A) The functions conferred or imposed by these Regulations in relation to an SED installation shall be exercisable for the purpose of preventing or reducing emissions of volatile organic compounds into air, soil and water as well as preventing the inclusion or reducing the amount of solvents contained in any products.;

(c) in paragraph (4) after “and” there shall be inserted “, subject to paragraph (4A),”;

(d) after paragraph (4) there shall be inserted the following –

“(4A) The functions conferred or imposed by these Regulations in relation to an SED installation shall be exercisable for the purpose of preventing or reducing emissions of volatile organic compounds into air, soil and water as well as preventing the inclusion or reducing the amount of solvents contained in any products.”;

(e) in paragraph (7) after “paragraphs (4)” there shall be inserted “, (4A)”.

(5) In regulation 10(2) (permits: general provisions) for the words “regulation 12” there shall be inserted “regulations 12 or 12A”.

(6) After Regulation 12 (conditions of permits: specific requirements) there shall be inserted the following regulation –

“Conditions of permits: solvents

12A.   A permit authorising the operation of an SED installation shall contain such conditions as the enforcing authority considers necessary to give effect to the provisions of the Solvent Emissions Directive.”.

(7) In regulation 14 (general binding rules) –

(a) in paragraph (2) for “regulation 12” there shall be substituted “regulations 12 and 12A”;

(b) in paragraph (3) for “regulation 12” there shall be substituted “regulations 12 and 12A”.

(8) In regulation 17 (variation of condition of permits) –

(a) in paragraph (1) for “regulations 11 and 12” there shall be substituted “regulations 11, 12 or 12A”;

(b) in paragraph (4), for “regulations 11 and 12” there shall be substituted “regulations 11, 12 or 12A”.

(9) In Schedule 1 (activities, installations and mobile plant) –

(a) at the end of Part 1 there shall be inserted a new Section 7 as set out in Schedule 1 to these Regulations;

(b) in paragraph 2 of Part 2, for sub-paragraph (2) there shall be substituted the following –

“(2) Sub-paragraph (1) shall not apply to –

(i) an SED activity, or

(ii) an activity which may give rise to an offensive smell noticeable outside the site where the activity is carried out.”;

(c) in paragraphs 3, 4, 5, 6 and 7 of Part 2, before “Part 1” there shall be inserted “sections 1.1 to 6.9 of”;

(d) after paragraph 7 of Part 2 there shall be inserted the following –

“7A.   An activity listed in Section 7 of Part 1 shall include the cleaning of equipment but, except for a surface cleaning activity, not the cleaning of products.”;

(e) in paragraphs 9(4), 10(2) and (3) of Part 2 after “Part C” there shall be inserted “(other than a description in Section 7)”;

(f) for paragraph 20 of Part 3 there shall be substituted the following –

“20.— (1) A Part B or Part C installation where an activity falling within Part B or Part C of Section 6.4 is carried out does not include any location where the associated cleaning of used storage drums prior to painting or their incidental handling in connection with such cleaning is carried out.

(2) Sub-paragraph (1) shall not apply where the location referred to in that sub-paragraph forms part of an SED installation.”;

(10) In Schedule 3 (prescribed date and transitional arrangements) –

(a) in paragraph 5 of Part 1 –

(i) in paragraph (1), for “sub-paragraph (2)” there shall be substituted “sub-paragraphs (2) and (3)”; and

(ii) after sub-paragraph (2), there shall be inserted the following –

“(3) An operator may make an application before the beginning of the relevant period in accordance with regulation 3 of the Solvent Emissions Regulations (Northern Ireland) 2003”;

(b) after Part 2 there shall be inserted new Parts 3 and 4 as set out in Schedule 2 to these Regulations.

(11) In Schedule 4 (grant of permits) –

(a) in paragraph 1(1)(d)(3), at the beginning there shall be inserted “subject to sub-paragraph (3)” and there shall be deleted from “(but excluding” to “Schedule 1)”;

(b) in paragraph 1(1)(e), there shall be deleted from “which will have a technical connection” to “pollution”;

(c) in paragraph 1(1)(m), for “regulation 12” there shall be inserted “or 12A”;

(d) after paragraph 1(2) there shall be inserted the following paragraph –

“(3) The requirement in paragraph 1(1)(d) does not apply to any part of an application which relates to –

(a) an activity falling within Part B of Section 5.1 of Part 1 of Schedule 1;

(b) an SED activity or part of an SED activity (and any directly associated activities) which does not also fall within any description in sections 1.1 to 6.9 of Part 1 of Schedule 1 (and any directly associated activities).”

(e) After paragraph 1A(4) there shall be inserted the following paragraph –

“1B.— (1) An application for a permit to operate an installation which contains an SED installation shall include in addition a description of the measures which are envisaged to guarantee in respect of that installation that the installation is designed, equipped and will be operated in such a manner that the requirements of the Solvent Emissions Directive are met.

(2) That description shall include –

(i) where the operator wishes to use a reduction scheme, details of the proposed reduction scheme;

(ii) where there is used in the SED installation a substance or preparation which because of its content of VOC’s classified as carcinogens, mutagens, or toxic to reproduction under Directive 67/548/EEC(5) as last amended by Commission Directive 98/98/EC(6) is assigned or needs to carry the risk phrases R45, R46, R49, R60 and R61, a timetable for replacing as far as possible such substance or preparation by a less harmful substance or preparation within the shortest possible time taking into account any guidance published under Article 7 of the Solvent Emission Directive.

(3) Where the prescribed date for the installation is determined in accordance with paragraph 19(5) of Part 4 of Schedule 3 (determination of the prescribed date for an SED installation carrying out activities which are only partly also activities falling within sections 1.1 to 6.9 of Part 1 of Schedule 1 and associated activities), sub-paragraph (1) shall not apply to an application to operate that part of the installation which carries on an activity falling within sections 1.1 to 6.9 of Part 1 of Schedule 1.”;

(f) after paragraph 3 there shall be inserted the following paragraph –

“3A.   Paragraph 1(1) shall apply in relation to an application for a permit to operate an installation involving dry cleaning as defined in paragraph (2) of Part C of Section 7 of Part 1 of Schedule 1 (SED activities), as if, in so far as the installation is concerned with the carrying out of that activity, the following sub-paragraphs were substituted for sub-paragraphs (e) to (h) –

(e) the name and model number, description, number, is any and date when the dry cleaning machine was installed, name of its manufacture and its rated capacity;

(f) details of any spot cleaning to be undertaken and details of checking and maintenance procedures to be followed and supervision, training and qualifications of operating staff;

(g) details of the solvents to be used, including a description of any risk phrase solvents;

(h) details of the arrangements for storing solvents prior to use, and used solvents and solvent-contaminated materials, including a description of the location where the materials are stored.”;

(g) for paragraph 8, there shall be substituted the following paragraph –

“8.   Paragraph 5 shall not apply in relation to an application for a permit to operate an installation involving only –

(a) the burning of waste oil in an appliance with a rated thermal input of less than 0.4 megawatts; or

(b) the carrying out of an activity falling within paragraph (d) of Part B of section 1.2 of Part 1 of Schedule 1 (unloading of petrol at service stations); or

(c) dry cleaning as defined in paragraph (2) of Part C of section 7 of Part 1 of Schedule 1 (SED activities).”;

(h) for paragraph 10 there shall be substituted the following –

“10.   Paragraph 9 shall not apply in relation to an application for a permit to operate an installation involving only –

(a) the burning of waste oil in an appliance with a rated thermal input of less then 0.4 megawatts; or

(b) dry cleaning as defined in paragraph (2) of Part C of section 7 of Part 1 of Schedule 1 (SED activities).”.

(12) In Schedule 7 (variation of conditions) –

(a) after paragraph 2 there shall be inserted the following paragraph –

“2A.   Paragraph 2 shall not apply in relation to a change in the operation of part of an installation which carries out an SED activity (and any directly associated activities) which does not fall within any description in sections 1.1 to 6.9 of Part 1 of Schedule 1 (directly associated activities).”;

(b) for paragraph 4(4) there shall be substituted the following –

(4) This paragraph shall not apply in relation to an application for the variation of conditions of a permit or a proposed variation notice in relation to an installation involving only –

(a) the burning of waste oil (as defined in section 1.1 of Part 1 of Schedule 1) in an appliance with a rated thermal input of less than 0.4 megawatts; or

(b) dry cleaning as defined in paragraph (2) of Part C of section 7 of Part 1 of Schedule 1.”.

(1)

O.J. No. L257, 10.10.96, p. 26

(2)

O.J. No. L85, 29.3.1999, p. 1

(3)

Paragraph 1(1)(d) was amended by S.R. 2003 No 390, Regulation 5(8)(a) as amended by S.R. 2004 No. 35

(4)

Paragraph 1A was inserted by S.R. 2003 No. 390, Regulation 5(8)(b) as amended by S.R. 2004 No. 35

(5)

O.J. No. L196, 16.8.1967, p. 1

(6)

O.J. No. L355, 30.12.1998, p. 1