S.I. No. 138/2013 - European Union (Industrial Emissions) Regulations 2013

“11.2 Disposal or recovery of hazardous waste with a capacity exceeding 10 tonnes per day involving one or more of the following activities:

• (a) biological treatment;

• (b) physico-chemical treatment;

• (c) blending or mixing prior to submission to any of the other activities listed in paragraph 11.2 or 11.3;

• (d) repackaging prior to submission to any of the other activities listed in paragraph 11.2 or 11.3;

• (e) solvent reclamation or regeneration;

• (f) recycling or reclamation of inorganic materials other than metals or metal compounds;

• (g) regeneration of acids or bases;

• (h) recovery of components used for pollution abatement;

• (i) recovery of components from catalysts;

• (j) oil re-defining or other reuses of oil;

• (k) surface impoundment.

11.3 Disposal or recovery of waste in waste incineration plants or in waste co-incineration plants—

• (a) for non-hazardous waste with a capacity exceeding 3 tonnes per hour,

• (b) for hazardous waste with a capacity exceeding 10 tonnes per day.

11.4 (a) Disposal of non-hazardous waste with a capacity exceeding 50 tonnes per day involving one or more of the following activities:

- (i) biological treatment;

- (ii) physico-chemical treatment;

- (iii) pre-treatment of waste for incineration or co-incineration;

- (iv) treatment of slags and ashes;

- (v) treatment in shredders of metal waste, including waste electrical and electronic equipment and end-of-life vehicles and their components.

• (b) Recovery, or a mix of recovery and disposal, of non-hazardous waste with a capacity exceeding 75 tonnes per day involving one or more of the following activities, (other than activities to which the Urban Waste Water Treatment Regulations 2001 ( S.I. No. 254 of 2001 ) apply):

  • (i) biological treatment;

  • (ii) pre-treatment of waste for incineration or co-incineration;

  • (iii) treatment of slags and ashes;

  • (iv) treatment in shredders of metal waste, including waste electrical and electronic equipment and end-of-life vehicles and their components.

• (c) Notwithstanding clause (b), when the only waste treatment activity carried out is anaerobic digestion, the capacity threshold for that activity shall be 100 tonnes per day.

11.5 Landfills, within the meaning of section 5 (amended by Regulation 11(1) of the Waste Management (Certification of Historic Unlicenced Waste Disposal and Recovery Activity) Regulations 2008 ( S.I. No. 524 of 2008 )) of the Act of 1996, receiving more than 10 tonnes of waste per day or with a total capacity exceeding 25,000 tonnes, other than landfills of inert waste.

11.6 Temporary storage of hazardous waste, (other than waste referred to in paragraph 11.5) pending any of the activities referred to in paragraph 11.2, 11.3, 11.5 or 11.7 with a total capacity exceeding 50 tonnes, other than temporary storage, pending collection, on the site where the waste is generated.

11.7 Underground storage of hazardous waste with a total capacity exceeding 50 tonnes.”,

and

• (m) in paragraph 13—

• (i) by substituting the following for paragraph 13.3:

“13.3 Other than production of lime in a kiln referred to in paragraph 10.3, the production of lime.”,

• (ii) by inserting the following after paragraph 13.5 inserted by Regulation 3 of the Environmental Protection Agency Act 1992 (First Schedule) (Amendment) Regulations 2011 ( S.I. No. 308 of 2011 ):

“13.6 Independently operated treatment of waste water (to which the Urban Waste Water Treatment Regulations 2001 do not apply) and discharged by an installation to which Part IV applies.”.

Part 3 Amendment of Waste Management Act 1996

Amendment of section 2 of Act of 1996.

24.

3 O.J. No. L24, 29.1.2008, p. 8.”.

Amendment of section 5 of Act of 1996.

25.

• (a) in subsection (1) by inserting the following definitions—

“ ‘Industrial Emissions Directive’ means Directive 2010/75/EU1 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’ has the same meaning as it has in section 3 (amended by Regulation 4 of the European Union (Industrial Emissions) Regulations 2013) of the Act of 1992;

1 O.J. No. L334, 17.12.2010, p. 17”,

and

• (b) in subsection (2) by deleting subparagraph (c) (inserted by section 20(3) of the Act of 2003).

Amendment of section 32 of Act of 1996.

26.

Amendment of section 39A of Act of 1996.

27.

• (a) in subsection (1) by substituting “or, in relation to an integrated pollution control activity, Part IV of the Act of 1992” for “or Part IV of the Act of 1992”,

• (b) in subsection (2)(b) by substituting “an integrated pollution control activity” for “an activity”,

• (c) in subsection (3)(b) by inserting “for an integrated pollution control activity” after “the grant of a licence”,

• (d) in subsection (4)(a)—

• (i) by substituting “shall be regarded as an integrated pollution control activity” for “shall be regarded as an activity”, and

• (ii) in subparagraph (i) by substituting “a licence for an integrated pollution control activity under Part IV” for “a licence under Part IV”,

and

• (e) in subsection (7) by substituting “or a licence for an integrated pollution control activity under section 82” for “or a licence under section 82”.

Insertion of section 76A of Act of 1996.

28.

“Transitional matters for activities not licensed under this Act consequent upon Industrial Emissions Directive.

76A.(1) In this section—

“earlier Part V” means Part V as it had effect before the coming into operation of the European Union (Industrial Emissions) Regulations 2013;

“licence or revised licence” means a licence or revised licence under Part IV of the Act of 1992.

• (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 waste licence or revised waste licence under the earlier Part V 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 V for a waste licence or revised waste licence and the requirements of regulations made under section 45 in relation to the application for the waste licence or revised waste licence have been complied with by the applicant, and

    • (ii) on or before 7 January 2014—

      • (I) a waste licence or revised waste licence, or, as the case may be, 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 V or, as the case may be, Part IV of the Act of 1992, 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 paragraph 11.2 or 11.3 of the First Schedule to the Act of 1992 provided that Directive 2008/1/EU1 of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (in this section referred to as “Directive 2008/1/EC”) applies to the activity;

  • (b) an activity specified in paragraph 11.4(a)(i) or (ii) or paragraph 11.5 of the First Schedule to the Act of 1992.

• (4) On or after 7 July 2015 a person shall not continue to carry on an activity to which subsection (5) applies unless—

  • (a) on the coming into operation of this section a waste licence or revised waste licence granted under the earlier Part V is in force in relation to that 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 V for a waste licence or revised waste licence and the requirements of regulations made under section 45 in relation to the application for the waste licence or revised waste licence have been complied with by the applicant, and

    • (ii) on or before 7 July 2015—

      • (I) a waste licence or revised waste licence licence, or, as the case may be, a licence or revised licence, on foot of the application referred to in subparagraph (i), subject to subsection (7), is granted if required, under the earlier Part V or, as the case may be, Part IV of the Act of 1992, and

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

• (5) Subsection (4) applies to any of the following activities:

  • (a) an activity specified in paragraph 11.2 or 11.3 of the First Schedule to the Act of 1992 provided that Directive 2008/1/EC does not apply to the activity;

  • (b) an activity specified in paragraph 11.4(a)(iii), 11.4(a)(iv), 11.4(a)(v), 11.4(b), 11.6 or 11.7 of the First Schedule to the Act of 1992.

  (6)(a) Where an application to which subsection (2)(b) refers is determined or completed by the Agency before 30 September 2013 it shall be dealt with by the Agency, and be determined or completed by it under the earlier Part V.

  • (b) Where an application to which subsection (2)(b) refers is determined or completed by the Agency on or after 30 September 2013, it shall, subject to this section, be dealt with by the Agency, and be determined or completed by it, under Part IV of the Act of 1992 and the licence or revised licence concerned shall be deemed to have been granted under Part IV of the Act of 1992 and shall not be a waste licence or a revised waste licence.

  (7)(a) Where an application to which subsection (4)(b) refers is determined or completed by the Agency before 28 February 2014 it shall be dealt with by the Agency, and be determined or completed by it under the earlier Part V.

  • (b) Where an application to which subsection (4)(b) refers is determined or completed by the Agency on or after 28 February 2014, it shall, subject to this section, be dealt with by the Agency, and be determined or completed by it, under Part IV of the Act of 1992 and the licence or revised licence concerned shall be deemed to have been granted under Part IV of the Act of 1992 and shall not be a waste licence or a revised waste licence.

• (8) A waste licence or revised waste licence referred to in subsection (2)(a) in force on the coming into operation of this section or (2)(b) and granted in accordance with subsection (6)(a) under the earlier Part V, shall continue in force as if this section had not come into operation until the Agency, not later than 7 January 2014, shall have—

  • (a) examined the terms of every waste licence and revised waste licence referred to in subsection (2)(a) or (2)(b) which was granted under the earlier Part V and determined whether, having regard to the provisions of the Industrial Emissions Directive, the waste licence or revised waste licence is to be amended to bring it into conformity with that Directive, and

  • (b) if—

    • (i) it has determined that the waste licence or revised waste licence requires to be so amended, completed the amendment in accordance with subsection (11), or

    • (ii) it has determined that the waste licence or revised waste licence does not require to be so amended and accordingly, that no further action is required, declared in writing that it is of that opinion.

• (9) A waste licence or revised waste licence referred to in subsection (4)(a) in force on the coming into operation of this section or (4)(b) and granted, in accordance with subsection (7)(a) under the earlier Part V, shall continue in force as if this section had not come into operation until the Agency, not later than 7 July 2015, shall have—

  • (a) examined the terms of every waste licence and revised waste licence referred to in subsection (4)(a) or (4)(b) which was granted under the earlier Part V and for the time being in force and determined whether, having regard to the provisions of the Industrial Emissions Directive, the waste licence or revised waste licence is to be amended to bring it into conformity with that Directive, and

  • (b) if—

    • (i) it has determined that the waste licence or revised waste licence requires to be so amended, completed the amendment in accordance with subsection (11), or

    • (ii) it has determined that the waste licence or revised waste licence does not require to be so amended and accordingly, that no further action is required, declared in writing that it is of that opinion.

    (10)(a) None of the requirements of section 90 of the Act of 1992 shall apply to the exercise of the power under subsection (8) or (9) but the Agency shall, where appropriate, consult with the licensee before exercising the power.

  • (b) Where the Agency considers that it is necessary for the purpose of performance of the functions conferred on the Agency under subsection (8) or (9), it may give notice to the licensee to furnish to the Agency, within the period specified in the notice, information, documents or other particulars specified in the notice.

  • (c) The Agency shall, as soon as may be after the exercise of the power under subsection (8) or (9), notify particulars of the amendment effected by that exercise to each person who made an objection to the Agency under section 42(3) in relation to any exercise of the powers under section 40 or 46 as respects the waste licence or revised waste licence concerned.

• (11) If the bringing into conformity with the Industrial Emissions Directive of a waste licence or revised waste licence under subsection (8) or (9) can, in the opinion of the Agency, be achieved by amending one or more of the conditions of or schedules to the waste licence or revised waste licence (and the making of the amendment will not significantly alter the character of the licence) then the Agency shall make those amendments of the conditions of or schedules to the waste licence or revised waste licence (which, by virtue of this subsection, it has power to do).

• (12) On and from the performance of its functions by the Agency under subsection (8) or (9)—

  • (a) Part IV of the Act of 1992 applies to the licence in relation to which the Agency has made its determination under either subsection,

  • (b) the licence concerned shall be deemed to have been granted under Part IV of the Act of 1992, and

  • (c) the licence concerned shall not be a waste licence or a revised waste licence.

  1 O.J. No. L24, 29.1.2008, p.8”.

Amendment of First Schedule to Act of 1996.

29.

• (a) in paragraph 6 by substituting “the Industrial Emissions Directive” for “Directive 2008/1/EC”, and

• (b) in paragraph 7 by substituting “the Industrial Emissions Directive” for “Directive 2008/1/EC”.

Part 4Consequential Amendments

Amendment of European Communities (Greenhouse Gas Emissions Trading) Regulations 2012.

30.

Amendment of Waste Management (Management of Waste from the Extractive Industries) Regulations 2009.

31.

“Article 3(10) of Directive 2010/75/EU4.

4 O.J. No. L334, 17.12.2010, p. 17”

for

“Article 2(11) of Directive 96/61/EC4.

4 O.J. No. L257, 10.10.1996, p. 26”.

GIVEN under my Official Seal,

23 April 2013.

PHIL HOGAN,

Minister for the Environment, Community and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations primarily amend the Environmental Protection Agency Act 1992 and the Waste Management Act 1996 to transpose Chapters II and VI of Directive 2010/75/EC of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (Recast). The Regulations apply to the industrial emissions directive activities specified in the First Schedule to the Environmental Protection Agency Act 1992 , as amended by these Regulations.

The Regulations also include other consequential amendments to regulations affected by the transposition of Chapter II of the Directive.

Footnotes