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

Type Ni-Statutory-Rule

Publication 2013-06-05

Last updated 2025-04-01

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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Reform history JSON API

Part A

(a) Disposal or recovery of hazardous waste with a capacity exceeding 10 tonnes per day involving one or more of the following activities—

(i) biological treatment;

(ii) physico-chemical treatment;

(iii) blending or mixing prior to submission to any of the other activities listed in sections 5.1 (a) and (c) and this section;

(iv) repackaging prior to submission to any of the other activities listed in sections 5.1 (a) and (c) and this section;

(v) solvent reclamation/regeneration;

(vi) recycling/reclamation of inorganic materials other than metals or metal compounds;

(vii) regeneration of acids or bases;

(viii) recovery of components used for pollution abatement;

(ix) recovery of components from catalysts;

(x) oil re-refining or other reuses of oil;

(xi) surface impoundment.

Part B

Nil.

Part C

Nil.

SECTION 5.4 — DISPOSAL OR RECOVERY OF NON-HAZARDOUS WASTE

Part A

(a) Disposal of non-hazardous waste with a capacity exceeding 50 tonnes per day involving one or more of the following activities, (but excluding activities covered by Council Directive 91/271/EEC[^f00029] of 21 May 1991 concerning urban waste-water treatment as last amended by Council Directive 2013/64/EU )—

(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, (but excluding activities covered by Directive 91/271/EEC as last amended by Council Directive 2013/64/EU )—

(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) When the only waste treatment activity carried out is anaerobic digestion, the capacity threshold for this activity shall be 100 tonnes per day.

Part B

Nil.

Part C

Nil.

SECTION 5.5 — TEMPORARY AND UNDERGROUND STORAGE OF WASTE

Part A

(a) Temporary storage of hazardous waste not covered under section 5.2 pending any of the activities listed in sections 5.1, 5.2, 5.3 and paragraph (b) of this section with a total capacity exceeding 50 tonnes, excluding temporary storage, pending collection, on the site where the waste is generated.

(b) Underground storage of hazardous waste with a total capacity exceeding 50 tonnes.

Part B

Nil.

Part C

Nil.

CHAPTER 6 — OTHER ACTIVITIES

SECTION 6.1 — PAPER, PULP AND BOARD MANUFACTURING ACTIVITIES

Part A

(a) Producing, in industrial plant, pulp from timber or other fibrous materials.

(b) Producing, in industrial plant, paper and card board where the plant has a production capacity of more than 20 tonnes per day.

(c) Production of one or more of the following wood-based panels: oriented strand board, particleboard or fibreboard with a production capacity exceeding 600 m³ per day.

Part B

Nil.

Part C

Nil.

SECTION 6.2 — CARBON ACTIVITIES

Part A

(a) Producing carbon or hard-burnt coal or electro graphite by means of incineration or graphitisation.

Part B

Nil.

Part C

Nil.

SECTION 6.3 — TAR AND BITUMEN ACTIVITIES

Part A

(a) Distilling tar or bitumen in connection with any process of manufacture where the carrying out of the activity by the person concerned at the location in question is likely to involve the use in any period of 12 months of 5 tonnes or more of tar or of bitumen or, in aggregate, of both.

Part B

(a) Any activity not falling within Part A of this section or of section 6.2 involving—

(i) heating, but not distilling, tar or bitumen in connection with any manufacturing activity; or

(ii) oxidising bitumen by blowing air through it, at plant where no other activities described in any section in this Schedule are carried out,

where the carrying out of the activity is likely to involve the use in any period of 12 months of 5 tonnes or more of tar or of bitumen or, in aggregate, of both.

Interpretation of Part B

1In this Part “tar” and “bitumen” include pitch.Part CNil

SECTION 6.4 — COATING ACTIVITIES, PRINTING AND TEXTILE TREATMENTS

Part A

(a) Pre-treating (by operations such as washing, bleaching or mercerisation) or dyeing fibres or textiles in plant with a treatment capacity of more than 10 tonnes per day.

(b) Surface treating substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, in plant with a consumption capacity of more than 150 kg per hour or more than 200 tonnes per year.

Part B

(a) Unless falling within Part A of this section or paragraph (g) of Part A of section 2.1, any activity (other than for the repainting or respraying of road vehicles or parts of road vehicles), involving the repainting or respraying of or of parts of aircraft or railway vehicles where the carrying on of the activity may result in the release into the air of particulate matter or of any volatile organic compound and is likely to involve the use in any period of 12 months of—

(i) 400 tonnes or more of printing ink, paint or other coating material which is applied in solid form; or

(ii) 400 tonnes or more of any metal coating which is sprayed on in molten form.

(b) Unless falling within Part A of this section or paragraph (g) of Part A of section 2.1, any activity (other than for the repainting or respraying of road vehicles or parts of road vehicles), involving the application to a substrate of, or the drying or curing after such applications of, printing ink or paint or any other coating material as, or in the course of, a manufacturing activity where the carrying on of the activity may result in the release into the air of particulate matter or of any volatile organic compound and is likely to involve the use in any period of 12 months of—

(i) 400 tonnes or more of printing ink, paint or other coating material which is applied in solid form; or

(ii) 400 tonnes or more of any metal coating which is sprayed on in molten form.

Part C

(a) Unless falling within Part A or Part B of this section or paragraph (g) of Part A of section 2.1, any process (other than for the repainting or respraying of, or of parts of, aircraft or road or railway vehicles) for applying to a substrate, or drying or curing after such application, printing ink or paint or any other coating material as, or in the course of, a manufacturing activity, where the process may result in the release into the air of particulate matter or of any volatile organic compound and is likely to involve the use in any period of 12 months of—

(i) 20 tonnes or more of printing ink, paint or other coating material which is applied in solid form;

(ii) 20 tonnes or more of any metal coating which is sprayed on in molten form;

(iii) 25 tonnes or more of organic solvents in respect of any cold set web offset printing activity or any sheet fed offset litho printing activity; or

(iv) 5 tonnes or more of organic solvents in respect of any activity not mentioned in sub-paragraph (iii).

(b) Unless falling within Part A of this section, repainting or respraying road vehicles or parts of them if the activity may result in the release into the air of particulate matter or of any volatile organic compound and the carrying on of the activity is likely to involve the use of 1 tonne or more of organic solvents in any period of 12 months.

(c) Repainting or respraying aircraft or railway vehicles or parts of them if the activity may result in the release into the air of particulate matter or of any volatile organic compound and the carrying out of the activity is likely to involve the use in any period of 12 months of—

(i) 20 tonnes or more of any paint or other coating material which is applied in solid form;

(ii) 20 tonnes or more of any metal coatings which are sprayed on in molten form; or

(iii) 5 tonnes or more of organic solvents.

Interpretation of Parts B and C

1In this Part—“aircraft” includes gliders and missiles;“coating material” means paint, printing ink, varnish, lacquer, dye, any metal oxide coating, any adhesive coating, any elastomer coating, any metal or plastic coating and any other coating material.

2The amount of organic solvents used in an activity shall be calculated as—athe total input of organic solvents into the process, including both solvents contained in coating materials and solvents used for cleaning or other purposes; lessbany organic solvents that are removed from the process for re-use or for recovery for re-use.

SECTION 6.5 — THE MANUFACTURE OF DYESTUFFS, PRINTING INK AND COATING MATERIALS

Part A

Nil.

Part B

(a) Unless falling within Part A of any section in this Schedule—

(i) manufacturing or formulating printing ink or any other coating material containing, or involving the use of, an organic solvent, where the carrying out of the activity is likely to involve the use of 200 tonnes or more of organic solvents in any period of 12 months;

(ii) manufacturing any powder for use as a coating material where the process uses lead chromate or triglycidyl isocyanurate and where there is the capacity to produce 400 tonnes or more of such powder in any period of 12 months.

Part C

(a) Unless falling within Part A or Part B of any section in this Schedule—

(i) manufacturing or formulating printing ink or any other coating material containing, or involving the use of, an organic solvent, where the carrying out of the activity is likely to involve the use of 100 tonnes or more, but less than 200 tonnes of organic solvents in any period of 12 months;

(ii) manufacturing any powder for use as a coating material where the process uses lead chromate or triglycidyl isocyanurate and where there is the capacity to produce 200 tonnes or more, but less than 400 tonnes of such powder in any period of 12 months.

Interpretation of Parts B and C

1In this Part, “coating material” has the same meaning as in section 6.4.

2The amount of organic solvents used in an activity shall be calculated as—ithe total input of organic solvents into the process, including both solvents contained in coating materials and solvents for cleaning or other purposes; lessiiany organic solvents, not contained in coating materials, that are removed from the process for re-use or for recovery for re-use.

SECTION 6.6 — TIMBER ACTIVITIES

Part A

(a) Curing, or chemically treating, as part of a manufacturing process, timber or products wholly or mainly made from wood if any substance listed in paragraph 10 of Part 2 of this Schedule is used.

(b) Preservation of wood and wood products with chemicals with a production capacity exceeding 75 m³ per day other than exclusively treating against sapstain.

Part B

Nil.

Part C

(a) Unless falling within Part A of section 6.1, manufacturing products wholly or mainly of wood at any works if the activity involves the sawing, drilling, sanding, shaping, turning, planing , curing or chemical treatment of wood (“relevant activities”) and the throughput of the works in any period of 12 months is likely to be more than—

(i) 10,000 cubic metres, in the case of works at which wood is sawed but at which wood is not subjected to any other relevant activities or is subjected only to relevant activities which are exempt activities; or

(ii) 1,000 cubic metres in any other case.

Interpretation of Part C

1In this Part—“relevant activities” other than sawing are “exempt activities” where, if no sawing were carried out at the works, the activities carried out there would be unlikely to result in the release into the air of any substances listed in paragraph 9 of Part 2 of this Schedule in a quantity which is capable of causing a significant negative effect on human health or the environment;“throughput” shall be calculated by reference to the amount of wood which is subjected to any of the relevant activities, but where, at the same works, wood is subject to two or more relevant activities, no account shall be taken of the second or any subsequent activity;“wood” includes any product consisting wholly or mainly of wood; and“works” includes a sawmill or any other premises on which relevant activities are carried out on wood.

SECTION 6.7 — ACTIVITIES INVOLVING RUBBER

Part A

(a) Manufacturing new tyres (but not remoulds or retreads) if this involves the use in any period of 12 months of 50,000 tonnes or more of one or more of the following—

(i) natural rubber;

(ii) synthetic organic elastomers;

(iii) other substances mixed with them.

Part B

(a) The curing of foam rubber products where hydrogen sulphide is released.

Part C

(a) Unless falling within Part A or B of any section in this Schedule, the mixing, milling or blending of—

(i) natural rubber; or

(ii) synthetic organic elastomers,

if carbon black is used.

(b) Any activity which converts the product of an activity falling within paragraph (a) into a finished product if related to an activity falling within that paragraph.

SECTION 6.8 — THE TREATMENT OF ANIMAL AND VEGETABLE MATTER AND FOOD INDUSTRIES

Part A

(a) Tanning hides and skins at plant with a treatment capacity of more than 12 tonnes of finished products per day.

(b) Slaughtering animals at plant with a carcass production capacity of more than 50 tonnes per day.

(c) Disposing of or recycling animal carcasses or animal waste otherwise than by incineration falling within section 5.1 in plant with a treatment capacity exceeding 10 tonnes per day of animal carcasses or animal waste or, in aggregate, of both.

(d) Treatment and processing, other than exclusively packaging, of the following raw materials, whether previously processed or unprocessed, intended for the production of food or feed from—

(i) only animal raw materials (other than milk) at plant with a finished product production capacity of more than 75 tonnes per day;

(ii) only vegetable raw materials at plant with a finished product production capacity greater than 300 tonnes per day or 600 tonnes per day where the installation operates for a period of no more than 90 consecutive days in any year;

(iii) animal and vegetable raw materials, both in combined and separate products, with a finished product production capacity in tonnes per day greater than—

(aa) 75 if A is equal to 10 or more;

(bb) 300 - (22.5 × A) in any other case; or

(cc) where ‘A’ is the portion of animal material (in % of weight) of the finished product production capacity;

where, when calculating the weight of finished product for the purposes of paragraphs (i) to (iii), the weight of packaging must be ignored.

(e) Treating and processing milk, the quantity of milk received being more than 200 tonnes per day (average value on an annual basis).

Part B

(a) Unless falling within Part A of this section, treating feathers by hydrolysis where hydrogen sulphide or other sulphur containing compounds may be released into the air.

Part C

(a) Processing, storing or drying by the application of heat of the whole or part of any dead animal or any vegetable matter (other than the treatment of effluent so as to permit its discharge into waterways, underground strata or into a sewer unless the treatment involves the drying of any material with a view to its use as animal feedstuff) if—

(i) the processing, storing or drying does not fall within another section of this Schedule or Part A or B of this section and is not an exempt activity; and

(ii) the processing, storing or drying may result in the release into the air of a substance described in paragraph 9 of Part 2 of this Schedule or any offensive smell noticeable outside the premises on which the activity is carried out.

(b) Breeding maggots in any case where 5 kg or more of animal matter or of vegetable matter or, in aggregate, of both are introduced into the process in any week.

Interpretation of section 6.8

1In this section—“animal” includes a bird or a fish;“exempt activity” means—any activity carried out in a farm or agricultural holding other than the manufacture of goods for sale;the manufacture or preparation of food or drink for human consumption but excluding—the extraction, distillation or purification of animal or vegetable oil or fat otherwise than as a activity incidental to the cooking of food for human consumption;any activity involving the use of green offal or the boiling of blood except the cooking of food (other than tripe) for human consumption;the cooking of tripe for human consumption elsewhere than on premises on which it is to be consumed;the fleshing, cleaning and drying of pelts of fur-bearing mammals;any activity carried on in connection with the operation of a knackers yard, as defined in the Animal By-Products Order (Northern Ireland) 2002[^f00030];any activity for the manufacture of soap not falling within Part A of section 4.1;the storage of vegetable matter not falling within any other section of this Schedule;the cleaning of shellfish shells;the manufacture of starch;the processing of animal or vegetable matter at premises for feeding a recognised pack of hounds registered under the Animal By-Products Order (Northern Ireland) 2002;the salting of hides or skins, unless related to any other activity listed in this Schedule;any activity for composting animal or vegetable matter or a combination of both, except where that activity is carried on for the purposes of cultivating mushrooms;any activity for cleaning, and any related activity for drying or dressing seeds, bulbs, corms or tubers;the drying of grain or pulses;any activity for the production of cotton yarn from raw cotton or for the conversion of cotton yarn into cloth;the drying of green crops;“food” includes—drink;articles and substances of no nutritional value which are used for human consumption; andarticles and substances used as ingredients in the preparation of food;“green crops” means alfalfa (Lucerne), clover, grass, perennial ryegrass, tall fescue and other similar crops;“green offal” means the stomach and intestines of any animal, other than poultry or fish, and their contents;“underground strata” has the same meaning as in Article 2(2) of the Water (Northern Ireland) Order 1999[^f00031];“waterways” has the same meaning as in Article 2(2) of the Water (Northern Ireland) Order 1999.

SECTION 6.9 — INTENSIVE FARMING

Part A

(a) Rearing poultry or pigs intensively in an installation with more than:

(i) 40,000 places for poultry;

(ii) 2,000 places for production pigs (over 30 kg); or

(iii) 750 places for sows.

Part B

Nil.

Part C

Nil.

Interpretation of section 6.9

1The conditions of permits relating to Intensive Agriculture under this section shall apply without prejudice to the legislation relating to animal welfare.

SECTION 6.10 — CARBON CAPTURE AND STORAGE

Part A

(a) Capture of carbon dioxide streams from an installation for the purposes of geological storage pursuant to Directive 2009/31/EC [^f00032] of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide as last amended by Directive 2011/92/EU .

Part B

Nil.

Part C

Nil.

SECTION 6.11 — WASTE WATER TREATMENT

Part A

(a) Independently operated treatment of waste water not covered by Directive 91/271/EEC as last amended by Directive 2013/64/EU and discharged by a Part A installation or Part A mobile plant.

Part B

Nil.

Part C

Nil.

CHAPTER 7 — SOLVENT EMISSIONS

SECTION 7 — SED ACTIVITIES

Part A

Nil

Part B

Nil

Part C

(a) The activities listed in the table below if they are operated above the solvent consumption thresholds for that activity.

Activity	Solvent consumption threshold in tonnes/year
Heatset web offset printing	15
Publication rotogravure	25
Other rotogravure, flexography, rotary screen printing, laminating or varnishing units	15
Rotary screen printing on textile/cardboard	30
Surface cleaning using specified substances or mixtures	1
Other surface cleaning	2
Vehicle coating and vehicle refinishing	0.5
Coil coating	25
Other coating activities, including metal, plastic, textile (except rotary screen printing on textile), fabric, film and paper coating	5
Winding wire coating	5
Coating activity applied to wooden surfaces	15
Dry cleaning	0
Wood impregnation	25
Coating activity applied to leather	10
Footwear manufacture	5
Wood and plastic lamination	5
Adhesive coating	5
Manufacture of coating mixtures, varnishes, inks and adhesives	100
Rubber conversion	15
Vegetable oil and animal fat extraction and vegetable oil refining activities	10
Manufacturing of pharmaceutical products	50

Interpretation of Part C

1Expressions used both in this Part and in Chapter V of the IED have the same meaning for the purposes of this Part as they have for the purposes of that Directive.

2For the purposes of this Part—“adhesive” means any mixture, including all the organic solvents or mixtures containing organic solvents necessary for its proper application, which is used to adhere separate parts of a product;“adhesive coating” means any activity in which an adhesive is applied to a surface excluding the application of adhesive and laminating associated with printing activities;“coating activity” means any activity in which a single or a multiple application of a continuous film of a coating is applied (including a step in which the same article is printed using any technique) but does not include the coating of substrate with metals by electrophoretic and chemical spraying techniques;“coil coating” means any activity where coiled steel, stainless steel, coated steel copper alloys or aluminium strip is coated with either a film forming or laminate coating in a continuous process;“consumption” means the total input of organic solvents into an installation per calendar year, or any other twelve month period, less any volatile organic compounds that are recovered for re-use;“dry cleaning” means any industrial or commercial activity using volatile organic compounds to clean garments, furnishing and similar consumer goods excluding the manual removal of stains and spots in the textile and clothing industry;“flexography” means a printing activity using an image carrier of rubber or elastic photopolymers on which the printing areas are above the non-printing areas and liquid inks which dry through evaporation;“footwear manufacture” means any activity of producing complete footwear or parts of footwear;“halogenated organic solvent” means an organic solvent which contains at least one atom of bromine, chlorine, fluorine or iodine per molecule;“heat web offset printing” means a web-fed printing activity using an image carrier in which the printing and non-printing area are in the same plane, where—the non-printing area is treated to attract water and reject ink;the printing area is treated to receive and transmit ink to the surface to be printed; andevaporation takes place in the oven where hot air is used to heat the printed material.“ink” means a mixture, including all the organic solvents or mixtures containing organic solvents necessary for its proper application which is used in a printing activity to impress text or images on to a surface;“laminating associated to a printing activity” means the adhering together of two or more flexible materials to produce laminates;“manufacturing of coating mixtures, varnishes, inks and adhesives” means the manufacture of coating mixtures, varnishes, inks and adhesives as final products and where carried out at the same site the manufacture of intermediates by the mixing of pigments, resins and adhesive materials with organic solvent or other carrier, including—dispersion and predispersion activities;viscosity and tint adjustments; andoperations for filling the final product into its container;“manufacturing of pharmaceutical products” means one or more of the following activities—the chemical synthesis;fermentation;extraction;formulation; orfinishing of pharmaceutical products and where carried out at the same site, the manufacture of intermediate products;“other coating activities” means a coating activity applied to— trailers, defined in categories O1, O2, O3 and O4 in Article 4 of Regulation (EU) 2018/858 metallic and plastic surfaces including the surfaces of airplanes, ships and trains; andtextile, fabric, film and paper surfaces;“printing activity” means any activity (not being a step in a coating activity) for reproducing text and/or images in which, with the use of an image carrier, ink is transferred on to any type of surface, including the use of associated varnishing, coating and laminating techniques;“publication rotogravure” means a rotogravure printing activity used for printing paper for magazines, brochures, catalogues or similar products, using toluene-based inks; “Regulation (EU) 2018/858” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles; “reuse” means the use of organic solvents recovered from an installation for any technical or commercial purpose and including use as a fuel but excluding the final disposal of such recovered organic solvent as waste;“rotary screen printing” means a web-fed printing activity in which liquid ink which dries only through evaporation is passed on to the surface to be printed by forcing it through a porous image carrier, in which the printing area is open and the non-printing area is sealed off;“rotogravure” means a printing activity using a cylindrical image carrier in which the printing area is below the non-printing area and liquid inks which dry through evaporation in which the recesses are filled with ink and the surplus is cleaned off the non-printing area before the surface to be printed contacts the cylinder and lifts the ink from the recesses;“rubber conversion” means—any activity of mixing, milling, blending, calendaring, extrusion and vulcanisation of natural or synthetic rubber; andany ancillary operations for converting natural or synthetic rubber into a finished product;“specified substances or mixtures” mean—until 1st June 2015—any substances or mixtures which because of their content of volatile organic compounds are classified as carcinogens, mutagens, or toxic to reproduction and are assigned or need to carry the risk phrases R45, R46, R49, R60 or R61, or under Regulation (EC) No 1272/2008 as last amended by Commission Regulation 2017/776/EU , are assigned or need to carry the hazard statement H340, H350, H350i, H360D, or H360F; andhalogenated organic compounds which are assigned or need to carry the risk phrases R40 or R68 or the hazard statements H341 or H351; orfrom 1st June 2015, any substances or mixtures which because of their content of volatile organic compounds are classified as carcinogens, mutagens, or toxic to reproduction under Regulation (EC) No 1272/2008 [^f00034] as last amended by Commission Regulation 2017/776/EU , and are assigned or need to carry the hazard statement H340, H350, H350i, H360D or H360F or halogenated volatile organic compounds which are assigned or need to carry the hazard statements H341 or H351;“surface cleaning” means any activity, except dry cleaning, using organic solvents to remove contamination from the surface of material including degreasing but excluding the cleaning of equipment; and a cleaning activity consisting of more than one step before or after any other activity shall be considered as one surface cleaning activity;“vehicle coating” means a coating activity applied to the following vehicles—new cars, defined as vehicles of category M1 in Article 4 of Regulation (EU) 2018/858, and of category N1 in so far as they are coated at the same installation as M1 vehicles;truck cabins, defined as the housing for the driver, and all integrated housing for the technical equipment, of vehicles of categories N2 and N3 in Article 4 of Regulation (EU) 2018/858 ;vans and trucks, defined as vehicles of categories N1, N2 and N3 in Article 4 of Regulation (EU) 2018/858, but not including truck cabins; orbuses, defined as vehicles in categories M2 and M3 in Article 4 of Regulation (EU) 2018/858 ;“varnish” means a transparent coating;“varnishing” means an activity by which varnish or an adhesive coating for the purpose of sealing the packaging material is applied to a flexible material;“vegetable oil and animal fat extraction and vegetable oil refining activities” means any activity to extract vegetable oil from seeds and other vegetable matter, the processing of dry residues to produce animal feed, the purification of fats and vegetable oils derived from seeds, vegetable matter or animal matter;“vehicle refinishing” means any industrial or commercial coating activity and associated degreasing activities performing—the original coating of road vehicles as defined in Article 4 of Regulation (EU) 2018/858 or part of them with refinishing-type materials, where this is carried out away from the original manufacturing line; orthe coating of trailers (including semi-trailers) (category O);“web-fed” means that the material to be printed is fed to the machine from a reel as distinct from separate sheets;“winding wire coating” means any coating activity of metallic conductors used for winding the coils in transformers and motors, etc;“wood and plastic lamination” means any activity to adhere together wood or plastic to produce laminated products;“wood impregnation” means any activity giving a loading of preservative in timber.

PART 2 — INTERPRETATION OF PART 1

1

The following rules apply for the interpretation of Part 1 of this Schedule.

2

(1) Subject to sub-paragraph (2), an activity shall not be taken to be a Part B or Part C activity if it cannot result in the release into the air of a substance listed in paragraph 9 or there is no likelihood that it will result in the release into the air of any such substance except in a quantity which is so trivial that it is incapable of causing pollution or its capacity to cause pollution is insignificant.

(2) Sub-paragraph (1) shall not apply to—

(a) a SED activity; or

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

3

An activity shall not be taken to be an activity falling within sections 1.1 to 7 of Part 1 if it is—

(a) carried out in a working museum to demonstrate an industrial activity of historic interest or if it is carried out for educational purposes in a school as defined by Article 2(1) of the Education and Libraries (Northern Ireland) Order 1986[^f00035];

(b) carried out at an installation or mobile plant solely used for research, development and testing of new products and processes;

(c) the running on or within an aircraft, hovercraft, mechanically propelled road vehicle, railway locomotive or ship or other vessel of an engine which propels or provides electricity for it;

(d) the running of an engine in order to test it before it is installed or in the course of its development; or

(e) carried out as a domestic activity in connection with a private dwelling.

4

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.

5

References in Part 1 to related activities are references to separate activities being carried out by the same person on the same site.

6

(1) This paragraph applies for the purpose of determining whether an activity carried out in a stationary technical unit falls within a description in Part A which refers to capacity, other than design holding capacity.

(2) Where a person carries out several activities falling within the same description in Part A in different parts of the same stationary technical unit or in different stationary technical units on the same site, the capacities of each part or unit shall be added together and the total capacity shall be attributed to each part or unit for the purpose of determining whether the activity carried out in each part or unit falls within a description in Part A.

(3) For the purpose of sub-paragraph (2), no account shall be taken of capacity when determining whether activities fall within the same description.

(4) Where an activity falls within a description in Part A by virtue of this paragraph it shall not be taken to be an activity falling within a description in Part B or Part C (other than a description in section 7).

7

(1) Where an activity falls within a description in Part A and a description in Part B that activity shall be regarded as falling only within the description in Part A.

(2) Where an activity falls within a description in Part A and a description in Part C (other than a description in section 7) that activity shall be regarded as falling only within the description in Part A.

(3) Where an activity falls within a description in Part B and a description in Part C (other than a description in section 7) that activity shall be regarded as falling only within that description which fits it most aptly.

8

In Part 1—

“background quantity” means, in relation to the release of a substance resulting from an activity, such quantity of that substance as is present in—water supplied to the site where the activity is carried out;water abstracted for use in the activity; andprecipitation onto the site on which the activity is carried out;

“Part A activity” means an activity falling within Part A of any section in Part 1;

“Part B activity” means an activity falling within Part B of any section in Part 1;

“Part C activity” means an activity falling within Part C of any section in Part 1.

9

References to, or to the release into the air of, a substance listed in this paragraph are to any of the following substances—

(a) oxides of sulphur and other sulphur compounds;

(b) oxides of nitrogen and other nitrogen compounds;

(d) organic compounds and partial oxidation products;

(e) metals, metalloids and their compounds;

(f) asbestos (suspended particulate matter and fibres), glass fibres and mineral fibres;

(g) halogens and their compounds;

(h) phosphorus and its compounds;

(i) particulate matter.

10

References to, or to the release into water of, a substance listed in this paragraph or to its release in a quantity which, in any period of 12 months, is greater than the background quantity by an amount specified in this paragraph are to the following substances and amounts—

Substance	Amount greater than the background quantity (in grammes) in any period of 12 months
*Where both Atrazine and Simazine are released, the figure for both substances in aggregate is 350 grammes.	*Where both Atrazine and Simazine are released, the figure for both substances in aggregate is 350 grammes.
Mercury and its compounds	200 (expressed as metal)
Cadmium and its compounds	1,000 (expressed as metal)
All isomers of hexachlorocyclohexane	20
All isomers of DDT	5
Pentachlorophenol and its compounds	350 (expressed as PCP)
Hexachlorobenzene	5
Hexachlorobutadiene	20
Aldrin	2
Dieldrin	2
Endrin	1
Polychlorinated Biphenyls	1
Dichlorvos	0.2
1,2 – Dichloroethane	2,000
All isomers of trichlorobenzene	75
Atrazine	350[^f01000]
Simazine	350[^f01000]
Tributyltin compounds	4 (expressed as TBT)
Triphenyltin compounds	4 (expressed as TPT)
Trifluralin	20
Fenitrothion	2
Azinphos-methyl	2
Malathion	2
Endosulfan	0.5

11

(1) References to a substance listed in this paragraph are to any of the following substances—

(a) alkali metals and their oxides and alkaline earth metals and their oxides;

(b) organic solvents;

(d) halogens and their covalent compounds;

(e) metal carbonyls;

(f) organo-metallic compounds;

(g) oxidising agents;

(h) polychlorinated dibenzofuran and any congener thereof;

(i) polychlorinated dibenzo-p-dioxin and any congener thereof;

(j) polyhalogenated biphenyls, terphenyls and naphthalenes;

(k) phosphorus;

(l) pesticides.

(2) In sub-paragraph (1), “pesticide” means any chemical substance or mixture prepared or used for destroying any pest, including those used for protecting plants or wood or other plant products from harmful organisms, regulating the growth of plants, giving protection against harmful creatures, rendering such creatures harmless, controlling organisms with harmful or unwanted effects on water systems, buildings or other structures, or on manufactured products, or protecting animals against ectoparasites.

PART 3 — INTERPRETATION OF “PART A INSTALLATION” ETC.

12

For the purpose of these Regulations—

“Part A installation” means an installation where a Part A activity is carried out (including such an installation where a Part B or Part C activity is also carried out);

“Part B installation” means an installation where a Part B activity is carried out, not being a Part A installation (including such an installation where a Part C activity is also carried out);

“Part C installation” means an installation where a Part C activity is carried out, not being a Part A installation or Part B installation.

13

For the purpose of these Regulations—

“Part A mobile plant” means mobile plant used to carry out a Part A activity (including such plant which is also used to carry out a Part B or Part C activity);

“Part B mobile plant” means mobile plant used to carry out a Part B activity, not being Part A mobile plant;

“Part C mobile plant” means mobile plant used to carry out a Part C activity, not being Part A mobile plant or Part B mobile plant.

14

A Part B installation where an activity falling within paragraph (a) of Part B of section 2.2, or a Part C installation, where an activity falling within paragraph (c) of Part C of section 2.2 is carried out, does not include any location where the associated storage or handling of scrap which is to be heated as part of that activity is carried out, other than a location where scrap is loaded into a furnace.

15

A Part B installation where an activity falling within paragraph (a) of Part B of section 5.1 or a Part C installation, where an activity falling within paragraph (a) or (b) of Part C of section 5.1 is carried out, does not include any location where the associated storage or handling of wastes and residues which are to be incinerated as part of that activity is carried out, other than a location where the associated storage or handling of animal remains, intended for burning in an incinerator used wholly or mainly for the incineration of such remains or residues from the burning of such remains in such an incinerator, is carried out.

16

(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 a SED installation.

17

Where an installation is a Part A installation, a Part B installation or a Part C installation by virtue of the carrying out of an activity which is only carried out during part of a year, that installation shall not cease to be such an installation during the parts of the year when that activity is not being carried out.

18

Where an installation is authorised by a permit granted under these Regulations to carry out Part A activities, Part B activities or Part C activities which are described in Part 1 by reference to a threshold (whether in terms of capacity or otherwise), the installation shall not cease to be a Part A installation, a Part B installation or a Part C installation by virtue of the installation being operated below the relevant threshold, unless the permit ceases to have effect in accordance with these Regulations.

19

In this Part, “Part A activity”, “Part B activity” and “Part C activity” have the meaning given by paragraph 8 in Part 2.

SCHEDULE 2 — BEST AVAILABLE TECHNIQUES

1

Subject to paragraph 2, in determining BAT, special consideration shall be given to the following matters, bearing in mind the likely costs and benefits of a measure and the principles of precaution and prevention—

(a) the use of low-waste technology;

(b) the use of less hazardous substances;

(c) the furthering of recovery and recycling of substances generated and used in the process and of waste where appropriate;

(d) comparable processes, facilities or methods of operation which have been tried with success on an industrial scale;

(e) technological advances and changes in scientific knowledge and understanding;

(f) the nature, effects and volume of the emissions concerned;

(g) the commissioning dates for new or existing installations or mobile plant;

(h) the length of time needed to introduce the best available technique;

(i) the consumption and nature of raw materials (including water) used in the process and the energy efficiency of the process;

(j) the need to prevent or reduce to a minimum the overall impact of the emissions on the environment and the risks to it;

(k) the need to prevent accidents and to minimise the consequences for the environment;

(l) the information published by public international organisations.

2

Sub-paragraphs (a) to (c) and (j) to (l) of paragraph 1 do not apply for the purposes of determining BAT in relation to Part B or Part C installations or Part B or Part C mobile plant.

SCHEDULE 3 — PRESCRIBED DATE AND TRANSITIONAL ARRANGEMENTS

PART 1 — 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 6th January 2013, the prescribed date is 7th January 2013.

2

For a Part A installation or Part A mobile plant—

(a) which has a permit under the Pollution Prevention and Control Regulations (Northern Ireland) 2003[^f00036] valid until 6th January 2014; or

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

the prescribed date is 7th January 2014.

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 7th January 2013 and until 6th July 2015 had a relevant authorisation, the prescribed date is 7th July 2015.

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 7th January 2013.

PART 2 — PART B AND PART C INSTALLATIONS AND MOBILE PLANT

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.

(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.

(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 20th December 2018;

(b) an existing medium combustion plant with a rated thermal input greater than 5 megawatts, the prescribed date is 1st 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 1st January 2029.

PART 3 — 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.

(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.

7

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

PART 4 — 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.

SCHEDULE 4 — GRANT OF PERMITS

PART 1 — APPLICATIONS FOR PERMITS

1

(1) An application to an enforcing authority for a permit under regulation 10 shall be in writing and, subject to paragraphs 1A to 5, shall contain the following information—

(a) the name, telephone number and address (including post code) of the applicant and, if different, any address to which correspondence relating to the application should be sent and, if the applicant is a body corporate, its registered number, the address of its registered or principal office and, if that body corporate is a subsidiary of a holding company, within the meaning of the Companies Act 2006[^f00039], the name of the ultimate holding company and the address of its registered or principal office;

(b) in the case of an application for a permit to operate an installation or Part A mobile plant, the address of the site of the installation or mobile plant and its Irish grid reference, a map or plan showing that site and, in the case of an installation, the location of the installation on that site and the name of any district council in whose district the site is situated;

(c) in the case of an application for a permit to operate a Part B or Part C mobile plant, the name of the district council in whose district the applicant has their principal place of business and the address of that place of business or, where the operator of the mobile plant has their principal place of business outside of Northern Ireland, the name of the district council in whose district the plant was first operated or, where the plant has not been operated in Northern Ireland, the district council in whose district it is intended by the operator that the plant will first be operated;

(d) a description of the installation or mobile plant, the activities listed in Part 1 of Schedule 1 to be carried out in the installation or by means of the mobile plant and, in the case of an installation, any other directly associated activities to be carried out on the same site as the installation;

(e) the nature, quantities and sources of foreseeable emissions from the installation or mobile plant into each environmental medium and a description of any foreseeable significant effects of the emissions on the environment;

(f) for a Part B or Part C installation or a Part B or Part C mobile plant, the reference to emissions from the installation or mobile plant into each environmental medium in head (e) shall be read as a reference to emissions from the installation or mobile plant into the air;

(g) the proposed technology and other techniques for preventing or, where that is not practicable, reducing emissions from the installation or mobile plant;

(h) the proposed measures to be taken to monitor the emissions;

(i) a description of any proposed additional measures to be taken to comply with the general principles set out in regulation 11;

(j) in the case of an application for a permit to operate an installation or mobile plant covered by general binding rules, a statement as to whether the applicant wishes the aspects of the operation of the installation or mobile plant covered by the requirements in the rules to be subject to those requirements instead of conditions included in the permit; and

(k) any additional information which the applicant wishes the enforcing authority to take into account in considering the application.

(2) An application to the chief inspector to operate a Part A installation or Part A mobile plant shall additionally require the following information—

(a) subject to sub-paragraph (4), a site report containing the information required by sub-paragraph (3);

(b) the raw and auxiliary materials and other substances and the energy to be used in or generated by the carrying out of the activities referred to in sub-paragraph (1)(d);

(c) a description of the measures to be taken for the prevention, preparation for re-use, recycling and recovery of waste generated by the operation of the installation or mobile plant;

(d) any relevant information obtained or conclusion arrived at in relation to the installation pursuant to Articles 5, 6, 7 and 9 of Directive 2011/92/EU[^f00040] of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (codification);

(e) in the case of an application for a permit that will authorise the carrying out of a specified waste management activity, any information which the applicant wishes the chief inspector to take into account when considering whether the applicant is a fit and proper person to carry out that activity;

(f) an outline of the main alternatives to the proposed technology, techniques or measures, if any, studied by the applicant; and

(g) a non-technical summary of the information referred to in sub-paragraphs (1) and (2).

(3) The site report required by sub-paragraph (2)(a) shall describe the condition of the site of the Part A installation or Part A mobile plant and shall, in particular, identify any substance in, on or under the land which may constitute a pollution risk.

(4) Where a Part A activity involves the use, production or release of relevant hazardous substances and having regard to the possibility of soil and groundwater contamination at the site of the installation or mobile plant, the operator shall also prepare and submit to the chief inspector a baseline report before starting operation of an installation. The information within the baseline report—

(a) shall contain the information necessary to determine the state of soil and groundwater contamination so as to make a quantified comparison with the state upon definitive cessation of activities, and shall contain at least the following information—

(i) information on the present use and, where available, on past uses of the site; and

(ii) where available, existing information on soil and groundwater measurements that reflect the state at the time the report is drawn up or, alternatively, new soil and groundwater measurements having regard to the possibility of soil and groundwater contamination by those hazardous substances to be used, produced or released by the installation concerned; and

(b) may include, or have attached to it, information produced pursuant to other national ... law which fulfils the requirements of head (a).

(5) The requirements in sub-paragraphs (2)(a) and (4) shall not apply to any part of an application which relates to an activity falling within paragraphs (b), (d), (g) or (h) of Part A of section 5.1 of Schedule 1.

2

An application for a permit to operate a waste incineration installation shall in addition to the information specified in paragraph 1, contain a description of the measures which the operator proposes to undertake in order to ensure that—

(a) the plant is designed, equipped and will be operated in such a manner that the requirements of Chapter IV of the IED are met, taking into account the categories of waste to be incinerated;

(b) the heat generated during the incineration and co-incineration process is recovered as far as practicable, for example through combined heat and power, the generating of process steam or district heating;

(d) the disposal of the residues which cannot be prevented, reduced or recycled will be carried out in conformity with national and European Union law; and

(e) the proposed measurement techniques for emissions into the air and water comply with Annex VI of the IED.

3

An application for a landfill permit, where an activity falling within Part A of section 5.2 in Part 1 of Schedule 1 is carried out, shall contain the following additional information—

(a) a description of the types and total quantity of waste to be deposited;

(b) the proposed capacity of the disposal site;

(d) the proposed operation, monitoring and control plan;

(e) the proposed plan for the closure and after-care procedures; and

(f) the financial provision required by virtue of regulation 4(3)(b).

4

(1) An application for a permit to operate an installation which contains a SED installation shall, in addition to the information specified in paragraphs 1 and where applicable 2, include 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 Chapter V of the IED are met.

(2) That description shall include—

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

(b) where there is used in the SED installation substances or mixtures which, because of their content of volatile organic compounds are classified as carcinogens, mutagens or toxic to reproduction under Regulation No 1272/2008[^f00041] of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures as last amended by Commission Regulation 2017/776/EU are assigned or need to carry the hazard statements H340, H350, H350i, H360D or H360F or the risk phrases R45, R46, R49, R60 or R61, a timetable for replacing such substances or mixtures, as far as possible, by less harmful substances or mixtures within the shortest possible time, taking into account the guidance referred to in Article 64 of the IED.

5

Paragraph 1(1) applies in relation to an application for a permit to operate an installation involving dry cleaning as defined in 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 heads were substituted for heads (d) to (g)—

(d) the model name and number, description, serial number, if any, and date when the dry cleaning machine was installed, name of manufacturer and its rated capacity;

(e) 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;

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

(g) 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;

6

The enforcing authority may, by notice in writing, require the applicant to furnish such further information as may be specified in the notice, within the period so specified, as the enforcing authority may require for the purpose of determining the application and, if the applicant fails to furnish the specified information within the period specified, the application shall, if the enforcing authority gives notice in writing to the applicant that it treats the failure as such, be deemed to have been withdrawn at the end of that period.

7

Subject to paragraph 30, the applicant shall, within the period of 28 days beginning 14 days after the date on which the application is duly made, advertise the application—

(a) in the case of an application for a permit to operate an installation or Part A mobile plant, in at least one newspaper circulating in the locality in which the installation or Part A mobile plant covered by the application will be operated; and

(b) in the case of an application for a permit to operate a Part A installation or Part A mobile plant, in the Belfast Gazette.

8

Any advertisement required by paragraph 7 shall—

(a) state the name of the applicant;

(b) in the case of an application for a permit to operate an installation or Part A mobile plant, state the address of the site of the installation or mobile plant;

(d) state that the application contains a description of any foreseeable significant effects of emissions from the installation or mobile plant on the environment;

(e) state where, and in the case of an application for a permit to operate a Part A installation, or Part A mobile plant how and at what times, any register which contains particulars of the application may be inspected and that it may be inspected free of charge;

(f) explain that any person may make written representations to the enforcing authority within the period of 42 days beginning with the date of the advertisement and give the enforcing authority’s address for receiving the representations; and

(g) explain that any such representations made by any person will be entered in a public register unless that person requests in writing that they should not be so entered, and that where such a request is made there will be included in the register a statement indicating only that representations have been made which have been the subject of such a request.

9

In the case of an application for a permit to operate a Part A installation or Part A mobile plant, the advertisement required by paragraph 7 shall, in addition to any information required by paragraph 8—

(a) explain that the register, specified in paragraph 8(e), contains the particulars of the application, including the information listed in paragraphs 1 to 4; and

(b) where applicable, state that the determination of the application is subject to a national or transboundary environmental impact assessment or to consultations ... in accordance with paragraph 22.

10

Where an application is for a permit to operate more than one installation or mobile plant, the application and the advertisement required by paragraph 7 shall contain the information in relation to each installation or mobile plant.

11

Paragraph 7 shall not apply in relation to an application for a permit to operate an installation involving only—

(1) the carrying out of an activity falling within heads (b), (c), (d) or (e) of Part C of section 1.2 of Part 1 of Schedule 1;

(2) dry cleaning, as defined in section 7 (SED activities) of Part 1 of Schedule 1; or

(3) the carrying out of an activity falling within head (b) of Part C of section 1.1 of Part 1 of Schedule 1.

PART 2 — DETERMINATION OF APPLICATIONS

12

(1) Subject to paragraphs 13 and 30 , the enforcing authority shall, within the period of 14 days from the date of receiving a duly made application for a permit, give notice of the application, enclosing a copy of it, to the following persons—

(a) in the case of an application for a permit to operate an installation or Part A mobile plant, the Regional Agency for Public Health and Social Well-being in whose area the installation or mobile plant will be operated;

(b) in the case of an application for a permit to operate a Part A installation or Part A mobile plant—

(i) the Food Standards Agency[^f00042];

(ii) where the operation of the installation or mobile plant may involve the release of any substance into a sewer vested in the Department for Regional Development, that Department;

(iii) where the operation of the installation or mobile plant may involve an emission which may affect an area of special scientific interest or a European site, the Department of the Environment;

(iv) where the operation of the installation or mobile plant may involve the release of any substance into a harbour managed by a harbour authority, that harbour authority;

(v) where the operation of the installation or mobile plant may involve the release of any substance directly into sea fisheries waters, the Department of Agriculture and Rural Development;

(vi) where the operation of the installation or mobile plant may involve the release of any substance directly into inland fisheries waters, the Department of Culture, Arts and Leisure;

(vii) where the operation of the installation or mobile plant may involve the release of any substance directly into waters under the control of the Loughs Agency or Waterways Ireland, the Loughs Agency or Waterways Ireland;

(viii) where the application will be determined by the chief inspector, the district council in whose district the installation or mobile plant will be operated; and

(ix) where the operation of the installation or mobile plant will involve the carrying out of a specified waste management activity, the Department of the Environment (Planning Service);

(c) in the case of an application for a permit to operate a Part B or Part C installation where the operation of the installation may involve an emission which may affect an area of special scientific interest or a European site, the Department of the Environment;

(d) in the case of an application for a permit to operate an installation or a Part A mobile plant on a site in respect of which a major accident prevention policy document is required under regulation 7 of Control of Major Accident Hazards Regulations (Northern Ireland) 2015 [^f00043] or a safety report is required under Part 3 of those Regulations , the Health and Safety Executive for Northern Ireland;

(e) in the case of an application for a permit to operate a Part C installation involving only the carrying out of an activity falling within heads (b), (c), (d) or (e) of Part C of section 1.2 of Part 1 of Schedule 1, the petroleum licensing authority for that installation; and

(f) in the case of all applications, such other persons as the Department may direct.

(2) In sub-paragraph (1)—

“European site” has the same meaning as in regulation 9(1) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995[^f00044];

“harbour authority” has the same meaning as in section 38(1) of the Harbours Act (Northern Ireland) 1970[^f00045];

“Health and Safety Executive for Northern Ireland” means the Health and Safety Executive established under Article 12 of the Health and Safety at Work (Northern Ireland) Order 1978[^f00046];

“Regional Agency for Public Health and Social Well-being” means the Regional Agency for Public Health and Social Well-being established under Article 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009[^f00047];

“The Loughs Agency” means an agency of the Foyle, Carlingford and Irish Lights Commission, the implementation body for aquaculture and marine matters established under Article 1 of the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland establishing implementation bodies[^f00048];

“petroleum licensing authority” means a district council empowered to grant petroleum spirit licences under the Petroleum (Consolidation) Act (Northern Ireland) 1929[^f00049];

“Waterways Ireland” means the implementation body for inland waterways established under Article 1 of the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland establishing implementation bodies.

13

Paragraph 12 does not apply in relation to an application for—

(1) a permit to operate an installation involving only dry cleaning as defined in section 7 (SED activities) of Part 1 of Schedule 1; or

(2) a permit to operate an installation or mobile plant carrying out only an activity falling within head (b) of Part C of section 1.1 of Part 1 of Schedule 1.

14

(1) If the enforcing authority proposes to grant a permit subject to an off-site condition, it shall, before granting the permit, give a notice which complies with sub-paragraph (2) to every person appearing to it to be a person falling within sub-paragraph (3).

(2) A notice served under sub-paragraph (1) shall—

(a) be in writing;

(b) set out the off-site condition in question;

(c) indicate the nature of the works or things which that condition might require the holder of the permit to carry out or do; and

(d) specify the period allowed for the purpose of paragraph 15 for making representations to the enforcing authority relating to the condition or its possible effects and the manner in which any such representations are to be made.

(3) A person falls within this sub-paragraph if—

(a) that person is the owner, lessee or occupier of land; and

(b) that land is land in relation to which it is likely that, as a consequence of the permit being issued subject to the off-site condition in question, rights will have to be granted by virtue of regulation 13(7) to the holder of the permit.

(4) In sub-paragraph (3), “owner” means the person who—

(a) is for the time being receiving the rack-rent of the land, whether on that persons own account or as agent or trustee for another person; or

(b) would receive the rack-rent if the land were let at a rack-rent,

but does not include a mortgagee not in possession.

15

(1) Any representations made by any persons within the period allowed shall be considered by the enforcing authority in determining the application.

(2) For the purpose of sub-paragraph (1), the period allowed for making representations is—

(a) in the case of any person to whom notice is given pursuant to—

(i) paragraph 12, the period of 42 days beginning with the date on which notice is given; and

(ii) paragraph 14, the period specified in the notice;

(b) in the case of any other person—

(i) for applications, the period of 42 days; and

(ii) for draft determinations, the period of 20 working days,

beginning with the date on which the application or draft determination is advertised pursuant to paragraph 7 or 19.

16

In the case of an application for a permit to operate a Part A installation or Part A mobile plant, any relevant information obtained or conclusion arrived at, pursuant to Articles 5, 6, 7 and 9 of Directive 2011/92/EU[^f00050] on the assessment of the effects of certain public and private projects on the environment as last amended by Directive 2014/52/EU , in relation to the installation shall be taken into consideration by the chief inspector in determining the application.

17

(1) The Department may give directions to the enforcing authority requiring that any particular application or any class of applications for a permit shall be referred to it for determination pending a further direction under sub-paragraph (13).

(2) The enforcing authority shall inform the applicant of the fact that the application is being referred to the Department and forward to the Department any representations which have been made to the enforcing authority within the period allowed.

(3) Where an application for a permit is referred to it under sub-paragraph (1), the Department may afford the applicant and the enforcing authority an opportunity of appearing before and being heard by a person appointed by the Department (the “appointed person”) and it shall do so in any case where a request is duly made by the applicant or the enforcing authority to be so heard.

(4) A request under sub-paragraph (3) shall be in writing and shall be made within the period of 21 days beginning with the day on which the applicant is informed that the application is being referred to the Department.

(5) A hearing held under sub-paragraph (3) may, if the appointed person so decides, be held, wholly or to any extent, in private.

(6) Where the Department causes a hearing to be held under sub-paragraph (3) it shall give the applicant and the enforcing authority at least 28 days notice (or such shorter period of notice as they may agree) of the date, time and place fixed for the holding of the hearing.

(7) In the case of a hearing under sub-paragraph (3) which is to be held wholly or partly in public, the Department shall, at least 21 days before the date fixed for the holding of the hearing—

(a) where the application relates to the operation of an installation or Part A mobile plant, publish a copy of the notice specified in sub-paragraph (6) in at least two newspapers circulating in the locality in which the installation or mobile plant is operated; and

(b) serve a copy of that notice on every person required to be notified under paragraph 12 and on any person who made representations to the enforcing authority with respect to the subject matter of the application.

(8) The Department may vary the date fixed for the holding of any hearing under sub-paragraph (3) and sub-paragraphs (6) and (7) shall apply to the variation of a date as they applied to the date originally fixed.

(9) The Department may also vary the time or place for the holding of a hearing under sub-paragraph (3) and shall give such notice of any variation as appears to it to be reasonable.

(10) The persons entitled to be heard at a hearing under sub-paragraph (3) are—

(a) the applicant;

(b) the enforcing authority; and

(11) Nothing in sub-paragraph (10) shall prevent the appointed person from permitting any other persons to be heard at the hearing and such permission shall not be unreasonably withheld.

(12) After the conclusion of a hearing, the appointed person shall make a report in writing to the Department which shall include the appointed person’s conclusions and recommendations or his reasons for not making any recommendations.

(13) The Department shall, on determining any application transferred to it under this paragraph, give to the enforcing authority such a direction as it thinks fit as to whether it is to grant the application and, if so, as to the conditions that are to be attached to the permit.

18

(1) Except in a case where an application has been referred to the Department under paragraph 17 and subject to paragraph 23, the enforcing authority shall give notice of—

(a) for Part A installations and for Part A mobile plant, its draft determination of an application for a permit, within the period of six months beginning with the day on which it received the duly made application;

(b) for Part B and Part C installations and Part B and Part C mobile plant, its determination of an application for a permit, within the period of six months beginning with the day on which it received the duly made application; and

(2) For the purpose of calculating the periods mentioned in sub-paragraph (1) no account shall be taken of—

(a) any period beginning with the date on which notice is served on the applicant under paragraph 6 and ending on the date on which the applicant furnishes the information specified in the notice;

(b) any period allowed for making representations in relation to a notice given pursuant to paragraph 14 in so far as that period does not overlap with any other period allowed for making representations in accordance with paragraph 15;

(c) where a matter falls to be determined under regulation 34 or 35, any period beginning with the date on which the period of 28 days referred to in paragraph 7 ends and ending on the date on which the application is advertised in accordance with paragraph 30(a);

(d) where separate applications are made to operate different parts of one installation, any period beginning with the date on which notice is served on any of the applicants under paragraph 6 and ending on the date on which the applicant furnishes the information specified in the notice.

19

(1) The enforcing authority shall—

(a) within a period of 3 working days beginning with the date on which notice of a draft determination is given pursuant to paragraph 18(1)(a), advertise the notice on its web-site, and if it considers it appropriate, by any other means; and

(b) take all relevant steps specified in the advertisement as falling to be carried out by the enforcing authority, within the time-periods set out in that advertisement.

(2) In the case of a notice of a draft determination in respect of an application which has been forwarded by the Department to a Member State under paragraph 22, the enforcing authority shall forward copies of the draft determination and of the advertisement made pursuant to this paragraph to the Department at the same time as the draft determination is advertised.

20

(1) An advertisement required by paragraph 19 shall—

(a) explain where, how and at what times any register which contains—

(i) any additional information which is relevant to the determination of the application which has become available after the application is advertised pursuant to paragraph 7;

(ii) a copy of the draft determination;

(iii) information on any guidance issued by the Department to the enforcing authority relevant to the application; and

(iv) information on the arrangements for public participation and the reasons and considerations on which the draft determination is based,

may be inspected and that it may be inspected free of charge;

(b) explain that any person may make representations in writing to the enforcing authority within the period of 20 working days beginning with the date of the advertisement and give the enforcing authority’s address for receiving representations;

(i) no representations are made to the enforcing authority within the period referred to in head (b) and, where applicable, within the period specified under paragraph 24 for the Department to forward representations to the enforcing authority, the enforcing authority shall—

(aa) give notice of its determination; and

(bb) include in the register a copy of the final determination, together with a statement confirming that no representations have been made on the draft determination,

within the period of 5 working days from the date on which the period referred to in head (b) ends or, where applicable, the day on which the period specified under paragraph 24 for the Department to forward representations to the enforcing authority ends; or

(ii) representations are made within the period referred to in head (b), and where applicable, within the period specified under paragraph 24 for the Department to forward representations to the enforcing authority, the enforcing authority shall—

(aa) give notice of its determination;

(bb) include in the register a copy of the final determination, together with information on the reasons and considerations on which the determination is based, including information on the public participation process; and

(cc) advertise the notice on its web-site, and if it considers appropriate, by any other means,

within the period of 15 working days from the day on which the period referred to in head (b) ends or, where applicable, the day on which the period specified under paragraph 24 for the Department to forward representations to the enforcing authority ends or within such longer period as may be agreed with the applicant.

(2) Where the draft determination has been forwarded to the Department pursuant to paragraph 19 (2)—

(a) the enforcing authority shall forward to the Department a copy of the final determination and the information specified in sub-paragraph (1)(c)(i)(bb) or (1)(c)(ii)(bb), by the date by which it is required to give notice of its determination under sub-paragraph (1)(c)(i) or (1)(c)(ii); and

(b) the Department shall forward to the Member State to which the draft determination has been forwarded under paragraph 22, copies of the documents specified in the previous head, as soon as practicable after the date of receipt.

21

If the enforcing authority fails to give notice of its determination or draft determination of an application for a permit within the applicable period allowed by or under paragraph 18 or paragraph 20, the application shall, if the applicant notifies the authority in writing that he treats the failure as such, be deemed to have been refused at the end of that period.

22

Where the Department is aware that the operation of an installation carrying out an activity listed in Annex I to the IED in Northern Ireland is likely to have significant negative effects on the environment of a Member State, or where a Member State likely to be significantly affected so requests, the Department shall forward—

(a) a copy of the application to operate the installation together with a copy of the advertisement made under paragraph 7; and

(b) where applicable, a copy of the draft determination in respect of that application together with a copy of the advertisement made under paragraph 19,

to that Member State at the same time as the application or draft determination is advertised pursuant to paragraph 7 or 19, (or as soon as it becomes so aware or receives such a request, if it becomes so aware or receives such a request after the application or draft determination is advertised but before the application is determined) in order that the application or draft determination may serve as the basis for any consultations necessary in the framework of the bilateral relations between the United Kingdom and that Member State on a reciprocal and equivalent basis, as referred to in Article 26 of the IED.

23

(1) Where an application is forwarded to a Member State pursuant to paragraph 22, the Department shall notify the applicant and the chief inspector and, in a case where the application has not been referred to the Department under paragraph 17—

(a) the chief inspector shall not determine the application or provide his draft determination until the Department has notified him in writing that the bilateral consultations mentioned in paragraph 22 have been completed and has forwarded to him any representations duly made on the application by persons in that Member State which have been forwarded to the Department; and

(b) the period within which to give notice of the determination or to provide a draft determination of the application set out in paragraph 18 shall begin on the date on which the chief inspector receives the Department’s notification that the bilateral consultations have been completed.

(2) In determining an application which is forwarded to a Member State pursuant to paragraph 22 the chief inspector, or the Department if the application has been referred to it, shall take into consideration any representations duly made in that Member State which have been forwarded to the Department.

24

Any representations on the draft determination made in the Member State to which the draft determination has been sent, which have been received by the Department within the period of 22 working days from the date of the Department’s receipt of the draft determination from the enforcing authority, shall be forwarded to the enforcing authority within the period of 3 working days beginning on the day after that period ends.

25

(1) For the purposes of Parts 1 and 2 “working day” means a day which is not a Saturday or a Sunday, Christmas Day, Good Friday or a bank holiday in Northern Ireland under the Banking and Financial Dealings Act 1971[^f00051]

(2) in paragraphs 22, 23 and 24, “Member State” shall be taken to include Norway, Iceland and Liechtenstein.

PART 3 — NATIONAL SECURITY AND CONFIDENTIAL INFORMATION

26

The requirements of paragraph 7 shall not apply in so far as they would require the advertisement of information mentioned in paragraph 8 which is not to be included in the register by virtue of regulation 34 or 35.

27

The requirements of paragraph 12, other than paragraph 12(f), shall not apply in so far as they would require a person mentioned in any of those provisions to be given information which is not included in the register by virtue of regulation 34.

28

Subject to paragraph 29, the requirements of paragraph 12(1)(b)(ii), (iii) and (iv) and (c), shall not apply in so far as they would require a person mentioned in any of those provisions to be given information which is not included in the register by virtue of regulation 35.

29

Paragraph 28 shall not apply in relation to information which is not included in the register by virtue of regulation 35 in so far as—

(a) in the case of the Department for Regional Development, the information is about the release of any substance into a sewer vested in the Department for Regional Development;

(b) in the case of the Department of the Environment, the information is about the release of any substance which may affect a site of special scientific interest or a European site; or

(c) in the case of a harbour authority, the information is about the release of any substance into a harbour managed by that person.

30

Where a matter falls to be determined under regulation 34 or 35—

(a) the period within which an advertisement is to be published under paragraph 7 shall be 28 days beginning 14 days after the day on which the matters to be determined under those regulations are finally disposed of; and

(b) the period for notification under paragraph 12(1) shall be the period of 14 days beginning 14 days after the day on which the matters to be determined under those regulations are finally disposed of.

31

For the purpose of paragraph 30, the matters to be determined under regulation 34 or 35 are finally disposed of—

(a) in a case where the Secretary of State determines under regulation 34 whether or not information is to be included in the register, on the date on which the Secretary of State so determines;

(b) in a case where the enforcing authority determines under regulation 35(2) or (5) that the information in question is commercially confidential, on the date of the enforcing authority’s determination;

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