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2004 No. 36

ENVIRONMENT

The Solvent Emissions Regulations (Northern Ireland) 2004

  Made 6th February 2004 
  Coming into operation 27th February 2004 

The Department of the Environment, in exercise of the powers conferred upon it by Article 4 of the Environment (Northern Ireland) Order 2002[1] ("the 2002 Order"), and of all other powers enabling it in that behalf and having, in accordance with Article 4(4) of the 2002 Order, consulted district councils and such bodies or persons appearing to it to be representative of the interests of district councils as it considers appropriate, such bodies and persons appearing to it to be representative of the interests of industry, agriculture and business as it considers appropriate and such bodies or persons as it considers appropriate, hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Solvent Emissions Regulations (Northern Ireland) 2004 and shall come into operation on 27th February 2004.

Interpretation
    
2.  - (1) In these regulations -

    (2) Subject to regulation 3(17) in these Regulations, words and expressions which are defined in Regulation 2 of, and Schedule 3 to, the 2003 Regulations shall have the same meaning as in those Regulations.

Application for variation of the conditions of an existing authorisation or permit in relation to installations covered by the Solvent Emissions Directive
     3.  - (1) Where -

the operator of the installation shall within the period of 4 months beginning on the date of coming into operation of these Regulations make an application under regulation 17 of the 2003 Regulations for a variation of the conditions of that permit.

    (2) Where -

the operator shall within the period of 4 months beginning on the date of coming into operation of these Regulations either make an application under Article 11 of the 1997 Order for a variation of the conditions of the authorisation, or, in the case of an SED installation falling wholly within any description of processes set out in Schedule 1 to the 1998 Regulations under the heading "Part A", make an application for a permit to operate the whole installation under regulation 10 of the 2003 Regulations.

    (3) Where -

the operator shall within a period of 4 months beginning on the date of coming into operation of these Regulations make an application under Article 11 of the 1997 Order for a variation of the conditions of the authorisation or, in the case of an SED installation falling wholly within any description of processes set out in Schedule 1 to the 1998 Regulations under the heading "Part A", make an application for a permit to operate the whole installation under regulation 10 of the 2003 Regulations.

    (4) Where -

the operator shall within the period of 4 months beginning on the date of coming into operation of these Regulations make an application under Article 11 of the 1997 Order for a variation of the conditions of the authorisation or, in the case of an SED installation falling wholly within any description of processes set out in Schedule 1 to the 1998 Regulations under the heading "Part A", make an application for a permit to operate the whole installation under regulation 10 of the 2003 Regulations.

    (5) Subject to paragraph (1), where an installation which contains an existing SED installation is subject to a permit, the operator of the installation shall by the SED date make an application under regulation 17 of the 2003 Regulations for a variation of the conditions of that permit.

    (6) Subject to paragraphs (2), (3) and (4) where the activities carried out by an existing SED installation -

the operator shall by the SED date make an application under Article 11 of the 1997 Order for a variation of the conditions of the authorisation or make an application for a permit to operate the whole installation under regulation 10 of the 2003 Regulations or, in the case of an SED installation falling wholly within any description of processes set out in Schedule 1 to the 1998 Regulations under the heading "Part A", make an application for a permit to operate the whole installation under regulation 10 of the 2003 Regulations.

    (7) Paragraphs (1) to (6) do not apply if the permit or authorisation already includes all conditions necessary to meet the requirements of the Solvent Emissions Directive.

    (8) Where -

the operator shall make an application under regulation 17 of the 2003 Regulations for a variation of the conditions of the permit and may not make the substantial change in operation or install the abatement equipment before the positive determination date.

    (9) Where -

the operator shall either make an application under Article 11 of the 1997 Order for a variation of the conditions of the authorisation, or in the case of an SED installation falling wholly within any description of processes set out in Schedule 1 to the 1998 Regulations under the heading "Part A", make an application for a permit to operate the whole installation under regulation 10 of the 2003 Regulations and may not make the substantial change or install the abatement equipment before the positive determination date.

    (10) Where -

the operator shall make an application under regulation 17 of the 2003 Regulations for a variation of the conditions of the permit or an application under Article 11 of the 1997 Order for a variation of the conditions of the authorisation and the operator may not begin using the substance or preparation before the positive determination date.

    (11) Where after the coming into operation of these Regulations -

the operator shall within 4 months of the date on which the risk phrase is assigned to that substance or preparation make an application under Article 11 of the 1997 Order for a variation of the conditions of the authorisation or an application under regulation 17 of the 2003 Regulations for a variation of the conditions of the permit.

    (12) Paragraphs (1) and (8) shall not apply to an installation containing an SED installation which undergoes a substantial change in operation where the total emissions of the SED installation do not exceed those that would have been permitted had the substantially changed part of the SED installation been subject to a permit containing conditions necessary to ensure that the SED installation complied with the requirements of Articles 5, 8 and 9 of the Solvent Emissions Directive.

    (13) An application under this regulation shall contain the information specified in paragraph 1B of Part 1 of Schedule 4 to the 2003 Regulations.

    (14) Where an operator fails to comply with any of the requirements of this regulation, the enforcing authority shall serve a notice on the operator specifying the relevant requirement, requiring him to comply with the requirement and specifying the period within which it shall be complied with.

    (15) A notice served under paragraph (14) shall be treated for the purposes of the 2003 Regulations as an enforcement notice served under regulation 24(1) of the 2003 Regulations and the provisions of those Regulations shall be deemed to apply to such a notice.

    (16) For the purposes of this regulation -

Application for an extension of an existing permit in relation to installations covered by the Solvent Emissions Directive
    
4.  - (1) Where the prescribed dates for an installation, which is already in part subject to a permit, are determined in accordance with paragraph 19(5) of Part 4 of Schedule 3 to the 2003 Regulations (determination of the prescribed date for an SED installation carrying out activities which are only partly also activities falling within sections 1.1 to 6.9 of Part 1 of Schedule 1 and associated activities) and the prescribed date for part of the SED installation has not yet passed, the operator may make an application to extend the scope of the permit to incorporate the whole of the SED installation.

    (2) Subject to paragraph (3), the provisions of paragraph 17 of, and Schedule 7 to, the 2003 Regulations shall apply to an application under paragraph (1) as if it were an application for a variation of a permit under regulation 17(2) of the 2003 Regulations.

    (3) In relation to an application under paragraph (1) -

    (7) Where the enforcing authority decides on an application under regulation 4(1) of the Solvent Emissions Regulations (Northern Ireland) 2004 not to extend the permit, it shall give notice of its decision to the operator in writing.";

    (3) For all occurrences of the words "the Directive" there shall be substituted "the IPPC Directive".

    (4) In regulation 7 (discharge and scope of functions) -

    (3A) The functions conferred or imposed by these Regulations in relation to an SED installation shall be exercisable for the purpose of preventing or reducing emissions of volatile organic compounds into air, soil and water as well as preventing the inclusion or reducing the amount of solvents contained in any products.;

    (5) In regulation 10(2) (permits: general provisions) for the words "regulation 12" there shall be inserted "regulations 12 or 12A".

    (6) After Regulation 12 (conditions of permits: specific requirements) there shall be inserted the following regulation -

    (7) In regulation 14 (general binding rules) -

    (8) In regulation 17 (variation of condition of permits) -

    (9) In Schedule 1 (activities, installations and mobile plant) -

    (10) In Schedule 3 (prescribed date and transitional arrangements) -

    (11) In Schedule 4 (grant of permits) -

    (12) In Schedule 7 (variation of conditions) -

    (4) This paragraph shall not apply in relation to an application for the variation of conditions of a permit or a proposed variation notice in relation to an installation involving only -



Sealed with the Official Seal of the Department of the Environment on


6th February 2004.

L.S.


Judena Goldring
A Senior Officer of the Department of the Environment


SCHEDULE 1
Regulation 8(9)

SECTION 7

SED ACTIVITIES

Part A
Nil

Part B
Nil

Part C
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 substances or preparations which because of their content of volatile organic compounds classified as carcinogens, mutagens or toxic to reproduction under Directive 67/548/EEC[12] are assigned or need to carry one or more of the risk phrases R45, R46, R49, R60 or R61, or halogenated VOC's which are assigned or need to carry the risk phase R40 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 preparations, 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

    (1) Expressions used both in this Part and in the Solvent Emissions Directive have the same meaning for the purposes of this Part as they have for the purposes of that Directive.

    (2) For the purposes of this Part -



SCHEDULE 2
Regulation 8(10)


NEW PARTS 3 AND 4 OF SCHEDULE 3 TO THE 2003 REGULATIONS (PRESCRIBED DATE AND TRANSITIONAL ARRANGEMENTS)




PART 3

SED INSTALLATIONS

     13. The prescribed date for a new SED installation is -

     14.  - (1) Subject to paragraphs 15 and 16, the prescribed date for an existing SED installation is -

    (2) For the purposes of sub-paragraph (1) the relevant date for an existing SED installation is -

     15.  - (1) Where there was a substantial change in the operation of an existing SED installation on or after 1st April 2001 and before the date of coming into operation of the SED Regulations, the prescribed date for that part of the SED installation affected by the change shall be -

    (2) Where an existing SED installation undergoes a substantial change, the prescribed date for the part of the installation affected by the change shall be the date on which the change is made, if earlier than the date which would be the prescribed date for the SED installation under this part.

    (3) Sub-paragraphs (1) and (2) do not apply to that part of the SED installation which undergoes a substantial change where the total emissions of the SED installation do not exceed those that would have been permitted had the substantially changed part been subject to a permit containing conditions necessary to ensure that the SED installation complied with the requirements of Article 5 of the Solvent Emissions Directive.

     16.  - (1) Where an existing SED installation installed abatement equipment on or after 1st April 2001 and before the coming into operation of the SED Regulations, the prescribed date for the affected part shall be -

    (2) Subject to sub-paragraph (3), where after the date of coming into operation of the SED Regulations abatement equipment is installed in an installation, the prescribed date for the affected part shall be the date on which the abatement equipment is installed if earlier than the date which would be the prescribed date for the SED installation under this Part.

    (3) Where the abatement equipment is to be installed in an installation in respect of which the operator has made an application to use a reduction scheme, the prescribed date for the affected part shall be the determination date for that affected part.

     17.  - (1) Where -

the application to be made shall relate only to the SED installation and the operator shall be deemed to have made an application to operate the rest of the installation at the same date.

    (2) Schedule 4 shall not apply to a deemed application under sub-paragraph (1).

    (3) Where sub-paragraph (1) applies, the enforcing authority shall, within 1 month of the date on which the application is deemed to have been made, notify the operator of the installation of the deemed application and of the requirements of sub-paragraph (4).

    (4) The enforcing authority shall give notice of its determination of a deemed application under sub-paragraph (1) to the applicant at the same time as it gives notice of its determination of the application relating to the SED installation.

     18.  - (1) Expressions used both in this Part and in the Solvent Emissions Directive have the same meaning for the purposes of this Part as they have for the Solvent Emissions Directive.

    (2) In this Part -



PART 4

APPLICATION TO PARTS 1 TO 3

     19.  - (1) Parts 1 to 3 of this Schedule shall apply subject to the provisions of this Part.

    (2) Where an installation is wholly an SED installation and only carries out activities which do not fall within sections 1.1 to 6.9 of Part 1 of Schedule 1 the prescribed date for that installation shall be determined in accordance with Part 3.

    (3) Subject to the provisions of sub-paragraphs (4) to (6) below, the prescribed date for installations which carry out an activity falling within a description in sections 1.1 to 6.9 of Part 1 of Schedule 1 (and directly associated activities) shall be determined in accordance with Part 1 or 2.

    (4) Subject to sub-paragraphs (5) and (6), where an SED installation carries out activities which are also wholly or partly activities falling within any description in sections 1.1 to 6.9 of Part 1 of Schedule 1 (and any directly associated activities), the prescribed date for that installation shall be determined in accordance with paragraphs 13 and 14 of Part 3 unless -

    (5) Subject to sub-paragraph (6), where an installation -

the installation shall be regarded, for the purposes of this Schedule, as if it were two separate installations one consisting of the part of the installation carrying out activities under sections 1.1 to 6.9 in Part 1 of Schedule 1 (and directly associated activities) for which the prescribed date shall be determined in accordance with Parts 1 or 2 and the other consisting of the remainder of the installation for which the prescribed date shall be determined in accordance with Part 3.

    (6) Where sub-paragraph (5) applies the operator may apply in writing to the enforcing authority for consent to make an application at the earliest anticipated prescribed date covering the whole installation.

    (7) Where an existing SED installation installs abatement equipment or undergoes a substantial change in operation, the prescribed date for the affected part shall be determined in accordance with paragraphs 15 or 16 of Part 3 unless -

     20. In this Schedule -



EXPLANATORY NOTE

(This note is not part of the Regulations.)


These Regulations implement, in Northern Ireland, the provisions of European Council Directive 1999/13/EC on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations (the Directive).

The Directive requires all installations carrying out activities listed in Annex I of the Directive above the thresholds in Annex IIA of the Directive to comply with certain emission limit values (SED installations).

The majority of SED installations are already regulated under either the Pollution Prevention and Control Regulations (Northern Ireland) 2003 (S.R. 2003 No. 46) ("the 2003 Regulations") or the Industrial Pollution Control (Northern Ireland) Order 1997 ("the 1997 Order"). These Regulations use the existing pollution control regime set out under the 1997 Order and the 2003 Regulations to deliver the requirements of the Directive. As a result, these Regulations adjust the transitional provisions of the 1997 Order and the 2003 Regulations to align them with the requirements of the Directive.

Regulations 3 to 7 deal with transitional amendments to incorporate the requirements of the Directive into the existing pollution control regime under the 2003 Regulations.

Regulation 3 deals with applications for variations of conditions of existing permits or authorisations granted under the 2003 Regulations or the 1997 Order for installations which contain new or existing SED installations with the purpose of incorporating the Directive requirements into the permit or authorisation.

Regulation 4 sets out the transitional provisions dealing with extensions of existing permits under the 2003 Regulations covering part of SED installation with the purpose of extending the scope of the permit to incorporate the whole of the SED installation.

Regulation 5 enables the operator to be able to make supplementary applications modifying applications made under regulation 10 of the 2003 Regulations in the situations specified in paragraphs 1(a) to (c) of regulation 5.

Regulation 6 sets out the duties of operators wishing to operate an SED installation in accordance with the requirements of a reduction scheme as defined in regulation 2 of the 2003 Regulations as amended by these Regulations.

Regulation 7 specifies the duration of the transitional arrangements set out in regulations 3 to 6.

Regulation 8 makes amendments to the 2003 Regulations to incorporate the requirements of the Directive. Regulation 8(6) inserts a new regulation 12A into the 2003 Regulations requiring permits authorising the operation of a SED installation to include such conditions as the enforcing authority considers necessary to give effect to the provisions of the Solvent Emissions Directive. Regulation 8(7) and Schedule 1 to these Regulations add a new Section 7 to Schedule 1 to the 2003 Regulations. The new Section 7 provides for activities listed in the table when operated above solvent consumption thresholds for that activity to be Part C activities. Regulation 8(10) amends the transitional amendments in Schedule 3 to the 2003 Regulations and insert new Parts 3 and 4 to that Schedule as set out in Schedule 2 to these Regulations.

Copies of the Directive may be obtained at
http://europa.eu.int/eur -lex/en/index.html and from the Stationery Office Ltd., 16 Arthur Street, Belfast BT1 4GD.


Notes:

[1] S.I. 2002/3153 (N.I. 7); Directive 1999/13/EC was designated for the purposes of paragraph 20(2)(d) of Schedule 1 to the 2002 Order by the Environment (Designation of Relevant Directives) Order (Northern Ireland) 2003 (S.R. 2003 No. 209)back

[2] S.I. 1997 No. 2777 (N.I. 18)back

[3] S.R. 1998 No. 28back

[4] S.R. 2003 No. 46, relevant amending Regulations are S.R. 2003 No. 390 as amended by S.R. 2004 No. 35back

[5] O.J. No. L196, 16.8.1967, p. 1 as last amended by Commission Directive 98/98/EC (O.J. No. L355, 30.12.1998, p. 1)back

[6] O.J. No. L257, 10.10.96, p. 26back

[7] O.J. No. L85, 29.3.1999, p. 1back

[8] Paragraph 1(1)(d) was amended by S.R. 2003 No 390, Regulation 5(8)(a) as amended by S.R. 2004 No. 35back

[9] Paragraph 1A was inserted by S.R. 2003 No. 390, Regulation 5(8)(b) as amended by S.R. 2004 No. 35back

[10] O.J. No. L196, 16.8.1967, p. 1back

[11] O.J. No. L355, 30.12.1998, p. 1back

[12] O.J. No. L196, 16.8.1967, p. 1 as last amended by Commission Directive 98/98/EC (O.J. No. L355, 30.12.1998, p. 1)back

[13] O.J. No. L42, 23.2.1970, p. 1 as amended by Directive 97/27/EC (O.J. No. L233, 25.8.1997, p. 1)back

[14] S.R. 2003 No. 28back



ISBN 0 33795392 9


  © Crown copyright 2004

Prepared 20 February 2004


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