European Union (Industrial Emissions) Regulations 2013

• Jurisdiction: Ireland
• Citation: IR SI 138/2013

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th April, 2013.

I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and to give effect to Directive 2010/75/EU1 of the European Parliament and of the Council of 24 November 2010 hereby make the following regulations:

Part 1

Preliminary and General

Citation.

1. These Regulations may be cited as the European Union (Industrial Emissions) Regulations 2013.

Commencement.

2. Regulations 5, 24 and 25(b) come into operation on 7 January 2014.

Interpretation.

3. In these Regulations—

“Act of 1992” means the Environmental Protection Agency Act 1992 (No. 7 of 1992);

“Act of 1996” means the Waste Management Act 1996 (No. 10 of 1996);

“Act of 2003” means the Protection of the Environment Act 2003 (No. 27 of 2003).

Part 2

Amendment of Environmental Protection Agency Act 1992

Amendment of section 3 of Act of 1992.

4. Section 3 (amended by section 5 of the Act of 2003) of the Act of 1992 is amended—

(a) by inserting the following definitions:

“ ‘BAT conclusions’ means a document containing the parts of a BAT reference document laying down the conclusions on best available techniques, their description, information to assess their applicability, the emission levels associated with the best available techniques, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures;

‘BAT reference document’ in relation to an industrial emissions directive activity, means a document drawn up by the Commission of the European Union in accordance with Article 13 of the Industrial Emissions Directive, resulting from the exchange of information in accordance with that Article of that Directive and describing, in particular, applied techniques, present emissions and consumption levels, techniques considered for the determination of best available techniques as well as BAT conclusions and any emerging techniques, particular consideration having been given to the same matters as are specified in subparagraphs (i) to (xii) of section 5(3)(b);

‘emerging technique’ means a novel technique for an industrial emissions directive activity that, if commercially developed, could provide either a higher general level of protection of the environment or at least the same level of protection of the environment and higher cost savings than existing best available techniques;

‘emission levels associated with the best available techniques’ means the range of emission levels obtained under normal operating conditions using a best available technique or a combination of best available techniques, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions;

‘groundwater’ has the meaning assigned to it by Regulation 3 of the European Communities Environmental Objectives (Groundwater) Regulations 2010 ( S.I. No. 9 of 2010 );

‘hazardous substances’ means substances or mixtures as defined in Article 3 of Regulation (EC) No. 1272/20081 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures;

‘hazardous waste’ means waste that displays one or more of the properties which render it hazardous specified in the Second Schedule (amended by Regulation 24 of the European Communities (Waste Directive) Regulations 2011 ( S.I. No. 126 of 2011 )) to the Act of 1996;

‘industrial emissions directive activity’ means a process, development or operation specified in paragraph 1.1.1, 2.1, 3.1.1, 3.2.1, 3.3.1, 3.4.1, 3.6.1, 4.2.1, 4.3, 5.12, 5.13, 5.14, 5.15, 5.16, 5.17, 6.1, 6.2, 7.2.1, 7.4.1, 7.7.1, 7.8, 8.1, 8.2, 8.3, 8.5.1, 8.6.1, 8.7, 9.3.1, 9.4.1, 9.4.2, 9.4.3, 10.2, 10.3, 10.4, 11.1 (in so far as the process, development or operation specified in paragraph 11.1 is carried on in an installation connected or associated with another activity that is an industrial emissions directive activity), 11.2, 11.3, 11.4, 11.5, 11.6, 11.7, 12.2.1, 12.3, 13.4.1, 13.5 or 13.6 of the First Schedule (amended by Regulation 23 of the European Union (Industrial Emissions) Regulations) and carried out in an installation and an activity shall not be taken to be an industrial emissions directive activity if it is carried out at an installation solely used for research, development or testing of new products and processes;

‘Industrial Emissions Directive’ means Directive 2010/75/EU2 of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (Recast);

‘integrated pollution control activity’ means a process, development or operation specified in paragraph 1.1.2, 1.2, 1.3, 1.4, 3.1.2, 3.2.2, 3.3.2, 3.4.2, 3.5, 3.6.2, 3.7, 3.8, 3.9, 4.1, 4.2.2, 4.4, 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.8, 5.9, 5.10, 5.11, 7.1, 7.2.2, 7.3.1, 7.3.2, 7.3.3, 7.4.2, 7.5, 7.6, 7.7.2, 8.4, 8.5.2, 8.6.2, 9.1, 9.2, 9.3.2, 9.4.4, 10.1, 11.1 (in so far as the process, development or operation specified in paragraph 11.1 is carried on in an installation connected or associated with another activity that is an integrated pollution control activity), 12.1, 12.2.2, 13.1, 13.2, 13.3 or 13.4.2 of the First Schedule (amended by Regulation 23 of the European Union (Industrial Emissions) Regulations) and carried out in an installation;

‘waste’ means any substance or object which the holder discards or intends or is required to discard;

1 O.J. No. L353, 31.12.2008, p. 1

2 O.J. No. L334, 17.12.2010, p. 17”,

(b) in the definition of “emission” by substituting “Part IV, IVA, IVB or IVC” for “Part IV or IVA”, and

(c) by inserting the following subsection after subsection (2A) (inserted by Regulation 3 of the European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 ( S.I. No. 282 of 2012 )):

“(2B) Subject to this Act, a word or expression that is used in this Act in so far as it relates to an industrial emissions directive activity and that is also used in the Industrial Emissions Directive has, unless the context otherwise requires, the same meaning in this Act as it has in that Directive.”.

Amendment of section 3A of Act of 1992.

5. Section 3A (inserted by section 5 of the Act of 2003) of the Act of 1992 is amended by deleting subsections (2) and (3).

Insertion of section 3C of Act of 1992.

6. The Act of 1992 is amended by inserting the following after section 3B (inserted by section 5 of the Act of 2003):

“Industrial Emissions Directive.

3C.(1) The amendments of this Act effected by the European Union (Industrial Emissions) Regulations 2013 are made for the purpose of giving effect to the Industrial Emissions Directive.

(2) The Agency shall be the competent authority for the purposes of the Industrial Emissions Directive.

(3) As competent authority for the purposes of the Industrial Emissions Directive, the Agency shall, amongst other things—

(a) keep itself informed of developments in best available techniques and of the publication of any new or updated BAT conclusions and shall make that information publicly available,

(b) maintain such data and information, provide for the supply of data to the Commission of the European Union and undertake such reporting as may be necessary for the proper implementation of relevant Union acts (including compliance with the requirements of Article 72(1) of the Industrial Emissions Directive), and

(c) when requested to do so by the Minister, participate in the Committee to assist the Commission of the European Union on the basis provided for in Article 75 of the Industrial Emissions Directive.”.

Amendment of section 5 of Act of 1992.

7. Section 5 (inserted by section 7 of the Act of 2003) of the Act of 1992 is amended—

(a) in subsection (1) by substituting “the basis for emission limit values, and in the case of an industrial emissions directive activity other additional licence conditions, designed to prevent” for “the basis for emission limit values designed to prevent”, and

(b) in subsection (3)(a) by substituting “the basis for emission limit values, and in the case of an industrial emissions directive activity other additional licence conditions, for an activity”, for “the basis for emission limit values for an activity”.

Insertion of section 82A of Act of 1992.

8. The Act of 1992 is amended by inserting the following after section 82 (inserted by section 15 of the Act of 2003):

“Transitional matters for activities licensed under this Act consequent upon Industrial Emissions Directive.

82A. (1) In this section “earlier Part IV” means this Part as it had effect before the amendment of it by the European Union (Industrial Emissions) Regulations 2013.

(2) On or after 7 January 2014 a person shall not carry on an activity to which subsection (3) applies unless—

(a) on the coming into operation of this section a licence or revised licence under the earlier Part IV is in force in relation to the activity, or

(b) in respect of the activity—

(i) on the coming into operation of this section an application has been made to the Agency under the earlier Part IV for a licence or revised licence and the requirements of regulations under section 89 in relation to the application for the licence or revised licence have been complied with by the applicant, and

(ii) on or before 7 January 2014—

(I) a licence or revised licence on foot of the application referred to in subparagraph (i), subject to subsection (6), is granted if required, under the earlier Part IV or this Part, as the case may be, and

(II) the licensee concerned commences carrying on the activity.

(3) Subsection (2) applies to any of the following activities:

(a) an activity specified in...