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

[^key-c920b986b215c09ea7803e4d5a69f8e8]: Words in reg. 2(1) substituted (18.12.2020) by The Waste (Circular Economy) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/285), regs. 1(1), 11(2)(c)

[^key-840ff6c5a2d167ab68b7c14996f5f57b]: Words in reg. 2(1) substituted (18.12.2020) by The Waste (Circular Economy) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/285), regs. 1(1), 11(2)(d)

[^key-a3de282548df008c9550ec3620f514bf]: Words in reg. 2(1) substituted (18.12.2020) by The Waste (Circular Economy) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/285), regs. 1(1), 11(2)(e)

[^key-cb1d3237513b654d55bd4f921d68bc83]: Reg. 11(3)(b) substituted (18.12.2020) by The Waste (Circular Economy) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/285), regs. 1(1), 11(3)

[^key-f048db8da94b7d7e321a98a6ba314faf]: Words in reg. 13(10) substituted (18.12.2020) by The Waste (Circular Economy) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/285), regs. 1(1), 11(4)

[^key-31e4ecf4bce8e1fd73455560df185ee1]: Words in Sch. 11 para. 3(3) inserted (18.12.2020) by The Waste (Circular Economy) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/285), regs. 1(1), 11(5)(a)

[^key-532c21af970c288d7b4d9a53c22a625a]: Words in reg. 7(16) omitted (31.12.2020) by virtue of The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 2 para. 2(2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-b216902b8d0abeefd03bac3557502997]: Word in reg. 26(6) omitted (31.12.2020) by virtue of The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 2 para. 2(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-ac22720cec94e6a47acdfd6b5178d53e]: Reg. 26(6)(c) omitted (31.12.2020) by virtue of The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 2 para. 2(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-9b3bdc49b5f458f77edee03bcebd5192]: Words in reg. 26(8)(c) omitted (31.12.2020) by virtue of The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 2 para. 2(3)(c); 2020 c. 1, Sch. 5 para. 1(1)

[^key-6f382b85d6a8fe5e732100ad8c6b19b3]: Words in reg. 32(3) omitted (31.12.2020) by virtue of The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 2 para. 2(4); 2020 c. 1, Sch. 5 para. 1(1)

[^key-56e076dca36b2c52705e5fc0fe03ed28]: Words in Sch. 4 para. 1(4)(b) omitted (31.12.2020) by virtue of The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 2 para. 2(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-bc4ca3fdb9a26cd33b336df448c42e55]: Words in Sch. 4 para. 9(b) omitted (31.12.2020) by virtue of The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 2 para. 2(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-4191fa692671f497a7113a10f0078a4f]: Word in Sch. 4 para. 19(2) substituted (31.12.2020) by The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 2 para. 2(5)(c); 2020 c. 1, Sch. 5 para. 1(1)

[^key-51a9d361814948a82f1d992563db5c9b]: Word in Sch. 4 para. 22 substituted (31.12.2020) by The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 2 para. 2(5)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^M_F_ec87dfaa-fa40-414d-c0b8-963e333be9f3]: Words in Sch. 4 para. 22 substituted (31.12.2020) by The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 2 para. 2(5)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-99162d26ccc356b399d710f0a70bad0b]: Words in Sch. 4 para. 23 substituted (31.12.2020) by The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 2 para. 2(5)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^M_F_af97e077-93cb-4072-a8f7-5da9492b1369]: Word in Sch. 4 para. 23 substituted (31.12.2020) by The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 2 para. 2(5)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-ab6767502c3b349cbf9429bd2d9bc864]: Words in Sch. 7 para. 6(2)(g) omitted (31.12.2020) by virtue of The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 2 para. 2(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-31611c35e67d5d8a73e8cd53447b606e]: Word in Sch. 7 para. 9(2) substituted (31.12.2020) by The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 2 para. 2(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-e215561a8da28318b5d5c336fb75138b]: Words in Sch. 7 para. 14(2)(g)(ii) omitted (31.12.2020) by virtue of The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 2 para. 2(6)(c); 2020 c. 1, Sch. 5 para. 1(1)

[^key-d8e82c95a2dbbe458d8a38490874dc0c]: Word in Sch. 7 para. 17 substituted (31.12.2020) by The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 2 para. 2(6)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-9b5ba7dab3b6ced973f63d29030107a4]: Words in Sch. 7 para. 17 substituted (31.12.2020) by The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 2 para. 2(6)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-b4cfd45db0625f014b8af0e71b7f5836]: Word in Sch. 7 para. 18 substituted (31.12.2020) by The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 2 para. 2(6)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-618702c0a509582052e7e42269101614]: Words in Sch. 7 para. 18 substituted (31.12.2020) by The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 2 para. 2(6)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-e2f59b49debbc24e22b61cd87889d766]: Word in Sch. 7 para. 19 substituted (31.12.2020) by The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 2 para. 2(6)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-11e9fc3ce3d9ad85a9a83a0a87b03896]: Words in Sch. 7 para. 19 substituted (31.12.2020) by The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 2 para. 2(6)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-aa41c3f5d26d3c1f2ebbf71180f40223]: Words in Sch. 9A para. 11(5)(a) omitted (31.12.2020) by virtue of The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 2 para. 2(7)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-d8df7f6a36db9b58cb54109479846145]: Sch. 9A para. 11(5)(b) omitted (31.12.2020) by virtue of The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 2 para. 2(7)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-5a260d6ab8d60a86d9977be4a011e716]: Reg. 14A inserted (1.4.2025) by The Waste (Materials Facilities) Regulations (Northern Ireland) 2025 (S.R. 2025/18), regs. 1, 3(4)

[^key-dd77356bc8016aa572e7f43344cf67d7]: Words in reg. 2(1) inserted (1.4.2025) by The Waste (Materials Facilities) Regulations (Northern Ireland) 2025 (S.R. 2025/18), regs. 1, 3(1)(a)

[^key-e95ddbe8b89ce7d9093dce369a6d9468]: Words in reg. 2(1) inserted (1.4.2025) by The Waste (Materials Facilities) Regulations (Northern Ireland) 2025 (S.R. 2025/18), regs. 1, 3(1)(b)

[^key-4254cf1b372db0632606dcd699d7bbf4]: Words in reg. 2(1) inserted (1.4.2025) by The Waste (Materials Facilities) Regulations (Northern Ireland) 2025 (S.R. 2025/18), regs. 1, 3(1)(c)

[^key-6356dd3581e591753e4c45e7e605707c]: Reg. 2(1): semi colon substituted for full stop (1.4.2025) by The Waste (Materials Facilities) Regulations (Northern Ireland) 2025 (S.R. 2025/18), regs. 1, 3(1)(d)

[^key-6a8c7443ff0d92ff44b75e3cdfdca23e]: Words in reg. 2(1) inserted (1.4.2025) by The Waste (Materials Facilities) Regulations (Northern Ireland) 2025 (S.R. 2025/18), regs. 1, 3(1)(e)

[^key-0aea69b3c715c4b20694d9c813f2820d]: Words in reg. 10(2) substituted (1.4.2025) by The Waste (Materials Facilities) Regulations (Northern Ireland) 2025 (S.R. 2025/18), regs. 1, 3(2)

[^key-d3cc88a328f430afac81ad2bc74c681c]: Words in reg. 12(1) substituted (1.4.2025) by The Waste (Materials Facilities) Regulations (Northern Ireland) 2025 (S.R. 2025/18), regs. 1, 3(3)

[^key-73b3c45a2d1dfb781db3e8c120b7626d]: Words in reg. 19(1) substituted (1.4.2025) by The Waste (Materials Facilities) Regulations (Northern Ireland) 2025 (S.R. 2025/18), regs. 1, 3(5)

[^key-29642805fefef21589b4493ff22f60b5]: Words in reg. 19(4) substituted (1.4.2025) by The Waste (Materials Facilities) Regulations (Northern Ireland) 2025 (S.R. 2025/18), regs. 1, 3(6)

1A

Paragraph 1(1) applies in relation to an application for 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, as if the following head was substituted for heads (e) to (j) of that paragraph—

• (e) a cost-benefit analysis;

SCHEDULE 13A — ENERGY EFFICIENCY DIRECTIVE

Application

1

This Schedule applies to every installation or mobile plant to which Article 14(5) of the Energy Efficiency Directive applies.

Interpretation

2

In this Schedule—

• “economically justified demand” means demand that does not exceed the needs for heating or cooling and which would otherwise be satisfied at market conditions by energy generation processes other than cogeneration;

• “electricity from cogeneration” means electricity generated in a process linked to the production of useful heat and calculated in accordance with the methodology laid down in Annex II of the Energy Efficiency Directive;

• “substantial refurbishment” means a refurbishment whose cost exceeds 50% of the investment cost for a new comparable unit, but the fitting of equipment to carry out the activity falling within head (a) of Part A of section 6.10 of Part 1 of Schedule 1 shall not be considered as refurbishment for the purposes of paragraphs 4, 7 and 10 of this Schedule; and

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

Cost-benefit analysis

3

An application to an enforcing authority under regulation 10 for a permit to operate a new installation, carrying out an activity with a total net thermal input exceeding 20 megawatts and generating electricity must be accompanied by a cost-benefit analysis that assesses the costs and benefits of operating the installation or converting the installation to operate as a high-efficiency cogeneration installation.

4

An operator of an installation, carrying out an activity with a total net thermal input exceeding 20 megawatts and generating electricity must apply to the enforcing authority under regulation 19(2) for a variation of the conditions of his permit before undertaking a substantial refurbishment.

5

The application for a variation of the conditions of the permit required by paragraph 4 must be accompanied by a cost-benefit analysis that assesses the costs and benefits of operating the installation, or converting the installation to operate, as a high-efficiency cogeneration installation.

6

An application to an enforcing authority under regulation 10 for a permit to operate a new installation with a total net thermal input exceeding 20 megawatts, other than an installation falling within paragraph 3, and generating waste heat at a useful temperature level, must be accompanied by a cost-benefit analysis that assesses the cost and benefits of utilising the waste heat to satisfy economically justified demand, including through cogeneration, and of the connection of that installation to a district heating and cooling network.

7

An operator of an installation with a total net thermal input exceeding 20 megawatts, and generating waste heat at a useful temperature level must apply to the enforcing authority under regulation 19(2) for a variation of the conditions of his permit before undertaking a substantial refurbishment.

8

The application for a variation of the conditions of the permit required by paragraph 7 must be accompanied by a cost-benefit analysis that assesses the cost and benefits of utilising the waste heat to satisfy economically justified demand, including through cogeneration, and of the connection of that installation to a district heating and cooling network.

9

An application to an enforcing authority under regulation 10 for a permit to operate a new installation with a total net thermal input exceeding 20 megawatts which forms part of a new or existing district heating and cooling network must be accompanied by a cost-benefit analysis that assesses the cost and benefits of utilising the waste heat from nearby installations.

10

An operator of an installation with a total net thermal input exceeding 20 megawatts which forms part of an existing district heating or cooling network must apply to the enforcing authority under regulation 19(2) for a variation in the conditions of his permit before undertaking a substantial refurbishment.

11

The application for a variation in the conditions of the permit required by paragraph 10 must be accompanied by a cost-benefit analysis that assesses the cost and benefits of utilising the waste heat from nearby installations.

12

Paragraphs 3 to 11 shall not apply to—

• (1) peak load and back-up electricity generating installations for which the application states that operation under 1,500 operating hours per year as a rolling average over a period of five years is planned; or

• (2) installations that need to be located close to a geological storage site approved under Directive 2009/31/EC as last amended by Directive 2011/92/EU .

13

Where the exemption specified in paragraph 12(1) applies, the enforcing authority shall include, in the permit, conditions ensuring that the operating hours remain within the constraints specified in paragraph 12(1).

14

Paragraphs 6 to 11 shall not apply to individual installations:

• (1) which do not form part of a district cooling network; and

• (2) with any of the following—

• (a) available waste heat of 100 kilowatts or less;

• (b) available waste heat,

• (i) greater than 100 kilowatts as hot water or steam, where there is no hot water heat demand greater than 100 kilowatts within the search radius from the source installation as set out in the table below, located within the connection distance from the centre of the source installation; or

• (ii) greater than 500 kilowatts as steam, where there is no steam-based heat demand greater than 500 kilowatts and no water heat demand greater than 100 kilowatts within the search radius from the centre of the installation as set out in the table below, located within the connection distance from the centre of the source installation;

• (c) a heat demand of—

• (i) 100 kilowatts or less for hot water heat demands; or

• (ii) 500 kilowatts or less for steam-based heat demands;

• (d) a hot water heat demand greater than 100 kilowatts, with no source of available waste heat greater than 100 kilowatts within the search radius from the centre of the installation as set out in the Table, located within the connection distance from the centre of the demand installation; or

• (e) a steam-based heat demand greater than 500 kilowatts, with no source of steam-based waste heat greater than 500 kilowatts within the search radius from the centre of the installation as set out in the Table, located within the connection distance from the centre of the demand installation.

Installation type	Thermal capacity (kilowatts (kW) and megawatts (MW))	Search radius (km)(measured from centre of the installation)
Hot water demand	>100kW and <3.9 MW	0.0038 x H, where H = thermal capacity in kW
Hot water demand	≥3.9MW	15
Steam demand	>500kW and <12.5 MW	0.0012 x H, where H = thermal capacity in kW
Steam demand	≥12.5 MW	15
Waste heat source (hot water or steam)	>100kW and <3.9 MW	0.0038 x H, where H = thermal capacity in kW
Waste heat source (hot water or steam)	≥3.9MW	15

15

For the purposes of paragraph 14, “connection distance” means—

• (1) in the case of a hot water heat link, the thermal capacity in kilowatts of the source or demand, whichever is smaller, multiplied by 0.0038; or

• (2) in the case of a steam heat link, the thermal capacity in kilowatts of the source or demand, whichever is smaller, multiplied by 0.0012,

expressed in kilometres.

16

From 31st December 2015, when considering permit applications and applications for the variation of conditions, the enforcing authority shall take into account both the outcome of the cost-benefit analysis and the outcome of the United Kingdom’s comprehensive national assessment required by Article 14(1) of the Energy Efficiency Directive.

17

Subject to paragraph 19, where a cost-benefit analysis, required pursuant to paragraphs 3, 5, 6 or 8 shows that benefits exceed costs, the enforcing authority may only grant the permit or vary the conditions of the permit subject to the inclusion of appropriate conditions that will ensure the operation of the installation in a manner shown by that analysis to be cost beneficial.

18

Subject to paragraph 19, where a cost-benefit analysis required pursuant to paragraphs 9 or 11 shows that benefits exceed costs, the regulator may only grant the permit or vary the conditions of the permit subject to the inclusion of appropriate conditions that will ensure the operation of the installation, in conjunction with the utilisation of the waste heat from nearby installations, in a manner shown by that analysis to be cost beneficial.

19

Paragraphs 17 and 18 do not apply if, in individual cases, the enforcing authority decides that there are imperative reasons of law, ownership or finance for it not to apply. In such cases, within two months of its decision, the enforcing authority shall submit a reasoned notification of it to the Department.

20

The provisions of this Schedule apply to installations covered by the IED without prejudice to the requirements of that Directive.

SCHEDULE 9A — Medium Combustion Plant

PART 1 — General

Application

1

This Schedule applies—

• (a) in relation to every new medium combustion plant from 20th December 2018;

• (b) in relation to every existing medium combustion plant from the date specified in paragraph 5 of Part 2 of Schedule 3, as appropriate.

Interpretation

2

When interpreting the MCPD for the purposes of this Schedule—

• (a) an expression that is defined in Part 1 of these Regulations has the meaning given in that Part;

• (b) the competent authority is the enforcing authority;

• (c) “general binding rule” means a rule published under regulation 16.

Applications for the grant of a permit

3

• (1) The enforcing authority must ensure that every application for the grant of a permit—

• (a) includes the information specified in Annex I to the MCPD;

• (b) specifies which (if any) of paragraphs 7 to 11 of Part 2 of this Schedule is considered relevant to the application.

• (2) Subject to sub-paragraph (3), the enforcing authority must start the procedure for determining an application for the grant of a permit within one month of the operator providing the information referred to in sub-paragraph (1) and must inform the operator of the start of the procedure.

• (3) Sub-paragraph (2) applies only when the operator has submitted an application that complies with sub-paragraph (1).

Exercise of relevant function

4

• (1) The enforcing authority must exercise its relevant functions so as to ensure compliance with the following provisions of the MCPD—

• (a) Article 4;

• (b) Articles 5(1) and (2);

• (c) Article 5(6);

• (d) Article 6(1);

• (e) Article 6(2);

• (f) Article 6(7);

• (g) Article 6(13);

• (h) Article 7 (except Article 7(8));

• (i) Articles 8(2) and (3); and

• (i) Article 9.

• (2) In exercising its relevant functions, the enforcing authority must ensure that there is no persistent emission of dark smoke, where “dark smoke” has the meaning given in section 2(3) of Clean Air (Northern Ireland) Order 1981.

• (3) In exercising its relevant functions so as to ensure compliance with Article 6(1), (2), (7) or (13) of the MCPD, the enforcing authority must ensure that permits include emission limit values set in accordance with the provisions of Part 2 of this Schedule.

PART 2 — Emission Limit Values

Interpretation of this Part

5

In this Part—

• “Ambient Air Quality Directive” means Directive 2008/50/EC of the European Parliament and of the Council of 21st May 2008 on ambient air quality and cleaner air for Europe;

• “Annex I” means Annex I of the MCPD;

• “Annex II” means Annex II of the MCPD;

• “biomass”, “dust”, “emission limit value”, “micro isolated system”, “nitrogen oxides”, “operating hours”, “small isolated system” and “zone” have the respective meanings given in Article 3 of the MCPD; andany reference to emissions expressed in mg/Nm³ is to those emissions defined in accordance with Annex II.

Emission limit values

6

• (1) Sub-paragraphs (2) to (4) apply, subject to paragraphs 7 to 11.

• (2) From 20th December 2018, emissions into the air of sulphur dioxide, nitrogen oxides and dust from a new medium combustion plant must not exceed the emission limit values set out in Part 2 of Annex II (but with the modification that footnote (3) in Table 2 of that Part is to be read as if for “may be” there were substituted “are”).

• (3) From 1st January 2025, emissions into the air of sulphur dioxide, nitrogen oxides and dust from an existing medium combustion plant with a rated thermal input greater than 5 megawatts must not exceed the emission limit values set out in Tables 2 and 3 of Part 1 of Annex II.

• (4) From 1st January 2030, emissions into the air of sulphur dioxide, nitrogen oxides and dust from an existing medium combustion plant with a rated thermal input of less than or equal to 5 megawatts must not exceed the emission limit values set out in Tables 1 and 3 of Part 1 of Annex II.

Limited operating hours – existing medium combustion plants

7

• (1) An existing medium combustion plant which operates for no more than 500 operating hours per year, is not required to comply with the emission limit values set out in Tables 1, 2, and 3 of Part 1 of Annex II, provided that the operator has signed a declaration in accordance with paragraph 7 of Annex I.

• (2) An existing medium combustion plant, is not required to comply with the emission limit values set out in Tables 1, 2, and 3 of Part 1 of Annex II where it operates for no more than 1000 operating hours per year to provide backup power production in islands connected to an electricity transmission system or distribution system, in the event of an interruption of the main power supply to an island, provided that the operator has signed a declaration in accordance with paragraph 7 of Annex 1.

• (3) Where an existing medium combustion plant firing solid fuels falls within sub-paragraph (1) or sub-paragraph (2), an emission limit value for dust of 200mg/Nm³ applies.

• (4) For the purposes of sub-paragraph (2, “transmission system” and “distribution system” have the meanings given in Article 3 of The Electricity (Northern Ireland) Order 1992.

Limited operating hours – new medium combustion plants

8

• (1) A new medium combustion plant which operates for no more than 250 operating hours per year, is not required to comply with the emission limit values set out in Part 2 of Annex II, provided that the operator has signed a declaration in accordance with paragraph 7 of Annex I.

• (2) Where a new medium combustion plant firing solid fuels falls within sub-paragraph (1), an emission limit value for dust of 100mg/Nm³ applies.

Small and micro isolated systems

9

Existing medium combustion plants which are part of a small isolated system or a micro isolated system are only required to comply with the emission limit values set out in Tables 1, 2 and 3 of Part 1 of Annex II from 1st January 2030.

Plant at gas compressor stations

10

An existing medium combustion plant—

• (a) with a rated thermal input greater than 5 megawatts; and

• (b) which is used to drive gas compressor stations required to ensure the safety and security of a national gas transmission system;

is not required to comply with the emission limit values for nitrogen oxides set out in Table 3 of Part 1 of Annex II before 1st January 2030.

Temporary derogations

11

• (1) This sub-paragraph applies in relation to a medium combustion plant which normally uses low sulphur fuel, where the operator is unable to comply with the relevant emission limit values for sulphur dioxide in paragraph 6, because of an interruption in the supply of low-sulphur fuel resulting from a serious shortage.

• (2) Where sub-paragraph (1) applies, the enforcing authority may grant a derogation from the obligation to comply with those emission limit values for such period, up to a maximum of six months, if the operator satisfies the enforcing authority that it is justified under the circumstances.

• (3) This sub-paragraph applies in relation to a medium combustion plant using only gaseous fuel where—

• (a) the plant has to resort exceptionally to the use of other fuels because of an interruption in the supply of gas; and

• (b) as a result of using those other fuels, the plant would need to be equipped with secondary abatement equipment in order to comply with the relevant emission limit values for sulphur dioxide, nitrogen oxides and dust in paragraph 6.

• (4) Where sub-paragraph (3) applies, the enforcing authority may grant a derogation from the obligation to comply with the relevant emission limit values in paragraph 6—

• (a) for a maximum of 10 days; or

• (b) for such longer period, if the operator satisfies the enforcing authority it is justified under the circumstances.

• (5)

• (a) Where a district council is theenforcing authority and it grants a derogation under sub-paragraphs (2) or (4) it must inform the Department immediately....

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 9B — Specified generators

Application

1

This Schedule applies in relation to every specified generator from the permitting date.

Interpretation – specified generators

2

• (1) In this Schedule “specified generator” means—

• (a) a generator, other than an excluded generator, with a rated thermal input—

• (i) more than or equal to 1 megawatt and less than 50 megawatts; or

• (ii) in the case of a generator used to meet a capacity agreement or an agreement to provide balancing services, less than 50 megawatts; or

• (b) where two or more generators falling within paragraph (a)(i) or (ii) are operated—

• (i) on the same site;

• (ii) by the same operator; and

• (iii) for the same purpose,

those generators together;

• (c) where two or more generators, other than excluded generators—

• (i) are operated as set out in paragraph (b)(i) to (iii); and

• (ii) together have a rated thermal input more than or equal to 1 megawatt and less than 50 megawatts, even if one or more of the generators has a rated thermal input of less than 1 megawatt,

those generators together.

• (2) For the purposes of paragraph (1)—

• “excluded generator” means—generators subject to the provisions of Chapter II or Chapter III of the Industrial Emissions Directive,back-up generators operated for the purpose of testing for no more than 50 hours per year,

• “generator” means any combustion plant which is used for the purpose of generating electricity, but does not include any generator that is mobile unless it is connected to—an electricity transmission system or distribution system, orother apparatus, equipment or appliances at a site, if these are part of the complete infrastructure of the site;

• “mobile” means any apparatus, equipment or appliance which is—constructed or adapted for being transported from place to place, orportable, and designed or intended to be moved from place to place.

Interpretation – relevant dates and permitting dates

3

• (1) The “relevant date” in relation to a generator means—

• (a) 1st January 2019, in the case of a new generator;

• (b) 1st October 2019, in the case of an existing generator with a rated thermal input greater than 5 megawatts and less than 50 megawatts which—

• (i) has an emission of nitrogen oxides of equal to or greater than 500mg/ Nm³; and

• (ii) operates for more than 50 hours per year;

• (c) 1st January 2025, in the case of an existing generator with a rated thermal input greater than 5 megawatts and less than 50 megawatts which—

• (i) has an emission of nitrogen oxides of less than 500mg/ Nm³; or

• (ii) operates for less than or equal to 50 hours per year;

• (d) 1st January 2030, in the case of an existing generator with a rated thermal input equal to or less than 5 megawatts.

• (2) The “permitting date”—

• (a) in relation to a specified generator falling within paragraph 2(1)(a), is the relevant date in relation to that specified generator;

• (b) in relation to a specified generator falling within paragraph 2(1)(b) or (c), is the earliest of the relevant dates in relation to the generators comprising that specified generator.

• (3) For the purposes of sub-paragraph (1)—

• “existing generator” means a generator with a rated thermal input equal to or greater than 1 megawatt and less than 50 megawatts which came into operation before 1st December 2016, or;

• “new generator” means any specified generator which is not an existing generator.

• (4) For the purposes of this paragraph, in the case of a generator which is comprised in a specified generator falling within paragraph 2(1)(b) or (c), the generator is deemed to have the total rated thermal input of all the generators comprised in the specified generator.

Interpretation - general

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In this Schedule—

• “back-up generator” means a generator operated for the sole purpose of maintaining power supply at a site during an on-site emergency;

• “balancing services” means any services procured by the transmission system operator in order to balance demand and supply, and to ensure the security and quality of electricity supply;

• “capacity auction” means a capacity auction conducted under Chapter F [of the Capacity Market Code] for allocating Awarded Capacity to Capacity Market Units and includes T-1 Auctions, T-2 Auctions, T-3 Auctions and T-4 Auctions;

• “capacity market framework agreement” means the agreement (including an Accession Deed) under which a person becomes bound by this Code;

• “distribution system” has the meaning given in Article 3 of The Electricity (Northern Ireland) Order 1992;

• “emission limit value” means the permissible maximum quantity of a substance contained in the waste gases from a generator which may be discharged into the air during a given period;

• “nitrogen oxides” means nitric oxide and nitrogen dioxide;

• “transmission system” has the meaning given in Article 3 of The Electricity (Northern Ireland) Order 1992;

• “transmission system operator” means the person or persons operating the transmission system for Northern Ireland; andany reference to emissions expressed in mg/Nm³ is to those emissions defined in accordance with Annex II of the Medium Combustion Plant Directive.

Permit conditions: general

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• (1) Subject to paragraph 6, the enforcing authority must exercise its relevant functions in relation to specified generators so as to ensure that they are operated, from the relevant date, in such a way that—

• (a) there is compliance with an emission limit value for nitrogen oxides of 190mg/Nm³;

• (b) where secondary abatement is required to ensure compliance with the requirement in paragraph (a), the emission limit value for nitrogen oxides is met—

• (i) in the case of an existing generator or a new generator which was, but has ceased to be, an existing generator, within 20 minutes of the specified generator commencing operation, or;

• (ii) in the case of any other new generator, within 10 minutes of the specified generator commencing operation,

and in every case emissions must be monitored at least every three years;

• (c) there is no persistent emission of dark smoke, where “dark smoke” has the meaning given in paragraph 3(1) of the Clean Air (Northern Ireland) Order 1981.

• (2) Where compliance with air quality aspects of an environmental quality standard requires stricter conditions for the operation of a specified generator, or a generator comprised in a specified generator falling within paragraph 2(1)(b) or (c), from the permitting date the enforcing authority must include additional or stricter measures in the permit to comply with those standards, including a stricter emission limit value than that specified in sub-paragraph (1)(a).

• (3) In the case of a specified generator falling within paragraph 2(1)(b) or (c), the requirements of sub-paragraph (1) must be met by every generator comprising that specified generator from the relevant date relating to that generator.

Exceptions to permit conditions

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• (1) Paragraph 5 does not apply in relation to—

• (a) a specified generator used at a site to which it is not reasonably practicable to supply mains power;

• (b) a specified generator that is a back-up generator for which the operator has demonstrated to the enforcing authority a genuine need to carry out routine testing for more than 50 hours per year.

• (2) Paragraph 5 does not apply—

• (a) until 1st January 2025 in relation to an existing generator—

• (i) with a rated thermal input greater than 5 megawatts but not more than 50 megawatts;

• (ii) with nitrogen oxide emissions of 500mg/Nm³ or greater;

• (iii) which operates for more than 50 hours per year;

• (b) in relation to an existing generator—

• (i) falling within sub-paragraph (2)(a);

• (ii) that is operated only for the purpose of a capacity market framework agreement entered into before 1st December 2016;

for the period in which that capacity agreement remains in force, or until 1st January 2025, whichever is later.

• (3) Where a specified generator falls within sub-paragraphs (1) or (2), the enforcing authority must exercise its functions from the relevant date to ensure that the generator will not give rise to an exceedance of the limit values for nitrogen dioxide specified in the case of a generator operated in Northern Ireland, in Schedule 2 to the Air Quality Standards (Northern Ireland) Regulations 2010.

• (4) Paragraph 5 does not apply in relation to an existing generator—

• (a) with a rated thermal input greater than 5 megawatts and less than 50 megawatts which—

• (i) has an emission of nitrogen oxides of less than 500mg/Nm³; or

• (ii) operates for no more than 50 hours per year; or

• (b) with a rated thermal input greater than or equal to 1 megawatt but no greater than 5 megawatts;

where it is operated only for the purpose of a capacity market framework agreement entered into before 1st December 2016, during the period in which that capacity market framework agreement remains in force.

• (5) Paragraph 5 does not apply in relation to an existing generator with a rated thermal input of less than 1 megawatt where it is operated only for the purpose of a capacity market framework agreement entered into before 1st December 2016, during the period in which that capacity market framework agreement remains in force.

• (6) In the case of a generator comprised in a specified generator falling within paragraph 2(1)(b) or (c)—

• (a) the generator is deemed to have the total rated thermal input of all the generators comprised in the specified generator for the purposes of sub-paragraphs (2), (4) and (5), and;

• (b) “relevant date” in sub-paragraph (3) means the relevant date relating to that generator.

Waste separately collected for preparing for re-use and recycling not to be incinerated

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• (1) Every environmental permit which authorises a waste co-incineration plant or a waste incineration plant is deemed to contain the following condition, unless such a condition in the same terms as that condition is included in the permit.

• (2) The condition is that the operator must not accept—

• (a) any waste paper, metal, plastic or glass for incineration if that waste has been separately collected for the purpose of preparing for re-use or recycling; and

• (b) subject to sub-paragraph (3), any waste for incineration that results from the treatment of waste referred to in paragraph (a), unless incineration of that waste delivers the best environmental outcome in accordance with regulation 17 of the Waste Regulations (Northern Ireland) 2011.

• (3) The treatment referred to in sub-paragraph (2)(b) must not be treatment that contravenes sub-paragraph (2)(a) or regulation 9A(2)(a) of the Landfill Regulations (Northern Ireland) 2003.

Conditions of permits: Materials facilities

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The enforcing authority shall ensure that a permit granted or varied on or after 1st April 2025 authorising the operation of a materials facility contains a condition requiring the holder of the permit to comply with the Materials Facilities Code.

Conditions of permits: Department’s notice in relation to emissions into water

General binding rules

Review of conditions of permits

Proposed change in the operation of an installation or mobile plant

Variation of conditions of permits

Transfer of permits

Death of a permit holder

Surrender of a permit for a Part A installation or Part A mobile plant

Surrender of a permit for a Part B or Part C installation or Part B or Part C mobile plant

Revocation of permits

Fees and charges in relation to permits