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

Regulation 9

SCHEDULE 3 N.I. PRESCRIBED DATE AND TRANSITIONAL ARRANGEMENTS

PART 1 N.I. PART A INSTALLATIONS AND MOBILE PLANT

1.  Save as set out in paragraph 2(b), for a Part A installation or Part A mobile plant which comes into operation after 6^th January 2013, the prescribed date is 7^th January 2013. N.I.

Commencement Information

I1 Sch. 3 para. 1 in operation at 20.6.2013, see reg. 1

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

(a) which has a permit under the Pollution Prevention and Control Regulations (Northern Ireland) 2003(1) valid until 6^th January 2014; or

(b) for which a duly made permit application was submitted before 7^th January 2013 and which will come into operation before 7^th January 2014,

the prescribed date is 7^th January 2014.

Commencement Information

I2 Sch. 3 para. 2 in operation at 20.6.2013, see reg. 1

3.  For a Part A installation or Part A mobile plant where the activity carried out in the installation or mobile plant is not listed in Schedule 1 to the Pollution Prevention and Control Regulations (Northern Ireland) 2003 and which came into operation before 7^th January 2013 and until 6^th July 2015 had a relevant authorisation, the prescribed date is 7^th July 2015. N.I.

Commencement Information

I3 Sch. 3 para. 3 in operation at 20.6.2013, see reg. 1

4.  For any Part A installation or Part A mobile plant, other than those specified in paragraphs 1 to 3 of this Part, the prescribed date is 7^th January 2013. N.I.

Interpretation of Part 1

“relevant authorisation” means, in relation to the operation of a Part A installation or Part A mobile plant—

(a)

where the operation of the installation or mobile plant before 7^th January 2013 required a waste management licence under the Waste Management Licensing Regulations (Northern Ireland) 2003(2), a licence under those Regulations; or

(b)

in any other case, planning permission granted under the Planning (Northern Ireland) Order 1991(3).

Commencement Information

I4 Sch. 3 para. 4 in operation at 20.6.2013, see reg. 1

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

[F1 5.— (1) Save as set out in sub-paragraphs (2) and (3), the prescribed date for a Part B or Part C installation or a Part B or Part C mobile plant is 7th January 2013. N.I.

(2) In the case of an installation or mobile plant, which will carry out only an activity falling within head (b) of Part C of section 1.1 of Schedule 1 and which comes into operation in the period from the operational date, the prescribed date is the operational date.

(3) In the case of an installation or mobile plant, carrying out only an activity falling within head (b) of Part C of section 1.1 of Schedule 1 and which came into operation in the period ending on the operational date, the prescribed date shall be the date on which the plant is first operated, after a substantial refurbishment first takes place in the period from the operational date.

[F2 (2) In the case of an installation or mobile plant, carrying out only an activity falling within head (c) of Part C of section 1.1 of Schedule 1, for—

(a) a new medium combustion plant, the prescribed date is 20^th December 2018;

(b) an existing medium combustion plant with a rated thermal input greater than 5 megawatts, the prescribed date is 1^st January 2024; and

(c) an existing medium combustion plant with a rated thermal input of less than or equal to 5 megawatts, the prescribed date is 1^st January 2029.]

Interpretation of Part 2

“operational date” means, the date on which the Pollution Prevention and Control (Industrial Emissions) (Amendment) Regulations (Northern Ireland) 2014 come into operation;

“substantial refurbishment” means, in relation to paragraph 5, a refurbishment whose cost exceeds 50% of the investment cost for a new comparable unit, but the fitting of equipment to carry out the activity falling within head (a) of Part A of section 6.10 of Schedule 1 shall not be considered as refurbishment; and

“unit” means any boilers, furnaces, kilns, turbines or engines forming part of an installation which added together have a rated thermal input of more than 20 megawatts.]

Textual Amendments

F1 Sch. 3 para. 5 substituted (10.12.2014) by The Pollution Prevention and Control (Industrial Emissions) (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/304), regs. 1, 10

F2 Sch. 3 para. 5(2) inserted (20.3.2018) by The Pollution Prevention and Control (Industrial Emissions) (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/33), regs. 1, 5(1)

PART 3 N.I. TRANSITIONAL ARRANGEMENTS

6.—(1) The enforcing authority may accept a permit issued under the Pollution Prevention and Control Regulations (Northern Ireland) 2003 as a permit for the purposes of these Regulations after the prescribed date. N.I.

(2) A permit issued under the Pollution Prevention and Control Regulations (Northern Ireland) 2003, which is accepted as a permit for the purposes of these Regulations, and which authorises an activity listed in Schedule 1 of these Regulations shall be deemed to contain the appropriate activity description from Schedule 1 of these Regulations.

(3) A Part A permit, or a permit for an activity listed in section 7 of Schedule 1, which is accepted as a permit for the purposes of these Regulations, is deemed to contain the following conditions, unless such conditions are included in the permit—

(a) in the event that the operation of an installation or mobile plant gives rise to an incident or accident which significantly affects the environment, the operator must immediately—

(i) inform the regulator;

(ii) take the measures necessary to limit the environmental consequences of such an incident or accident; and

(iii) take the measures necessary to prevent further possible incidents or accidents;

(b) in the event of a breach of any permit condition the operator of an installation or mobile plant must immediately—

(i) inform the regulator; and

(ii) take the measures necessary to ensure that compliance is restored within the shortest possible time;

(c) in the event of a breach of any permit condition which poses an immediate danger to human health or threatens to cause an immediate significant adverse effect on the environment, the operator of a regulated facility must immediately suspend the operation of the installation or mobile plant or the relevant part of it until compliance with the permit conditions has been restored.

Commencement Information

I5 Sch. 3 para. 6 in operation at 20.6.2013, see reg. 1

7.  The enforcing authority must ensure that the permit is fully compliant with these Regulations after the prescribed date. N.I.

Commencement Information

I6 Sch. 3 para. 7 in operation at 20.6.2013, see reg. 1

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

8.  The Pollution Prevention and Control Regulations (Northern Ireland) 2003 shall not apply to any installation or mobile plant permitted under these Regulations. N.I.

Commencement Information

I7 Sch. 3 para. 8 in operation at 20.6.2013, see reg. 1

(1)

S.R 2003 No.46, the relevant amendments are S.I. 2003/3311, S.R. 2003 No. 390, S.R. 2003 No. 496, S.R. 2004 No. 36, S.R. 2004No. 507, S.R. 2005 No. 285, S.R. 2005 No. 300, S.R. 2005 No. 454, S.R. 2006 No. 98, S.R. 2006 No. 280, S.R. 2007 No. 245, S.I. 2007/2325, S.R. 2009 No. 159, S.R. 2009 No. 403, S.R. 2011 No. 2, S.R. 2011 No. 127, S.R. 2011 No. 212 and S.R. 2011 No. 402

(2)

S.R.2003 No.493

(3)

S.I. 1991/1220 (N.I.11)