Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013
What this means for your business
- Enforced by
- Environment Agency, NIEA
- Applies to
- United Kingdom
- On this page
- 11 compliance obligations, 1 practical guide
What you must do
11 compliance obligations under this legislation — 1 can result in imprisonment.
Management duties 8
Comply with any general binding rules that apply to your installation
If a general binding rule (GBR) is made for your Part A industrial installation or mobile plant, you must operate that plant in line with the rule’s requirements. You can ask the enforcing authority to record the GBR as a condition on your permit, and once it is recorded the rule is treated just like any other permit condition.
Comply with permit conditions for Part A installations and mobile plant
If your business runs a Part A installation or mobile plant, you must follow every condition set out in your permit. This includes meeting emission limits based on best‑available‑techniques, carrying out regular monitoring and reporting, notifying the regulator of any incident or breach, and stopping work immediately if a danger to health or the environment arises.
Consider key factors when assessing Best Available Techniques (BAT)
When you need to decide what the best available technique is for your plant or mobile equipment, you must take into account a set list of matters – such as low‑waste technologies, less hazardous substances, recycling, proven large‑scale methods, new scientific knowledge, the size and type of emissions, start‑up dates, how quickly the technique can be introduced, raw material and energy use, the need to minimise environmental impact and accident risk, and relevant international guidance. For certain Part B or C installations some of these points do not apply.
Do not incinerate waste collected for reuse or recycling
If you run a waste incineration or co‑incineration plant you must not accept waste such as paper, metal, plastic or glass that has been separately collected for the purpose of re‑use or recycling. Only if you can prove that burning the waste gives the best environmental outcome may you accept it, and your operating permit must contain a condition that reflects this rule.
Include and comply with permit conditions for Part B/C installations and mobile plant
Unlimited fineIf you run a Part B or Part C industrial installation or a Part B/C mobile plant, you must make sure your environmental permit contains conditions that prevent or, where that isn’t possible, reduce air emissions. Those conditions and the emission limits must be based on best‑available‑technique and take account of your plant’s specific technology, location and local environment. If a mobile plant operates on a site with a separate installation permit, the installation’s permit conditions take priority.
Keep regulator‑provided information confidential
If the Department or an enforcing authority gives you information about your emissions permit or any other matter under these regulations, you must not pass that information on to anyone else unless the law specifically allows it. This protects trade secrets and national‑security interests and you won’t be penalised for sharing it when you follow the rules.
Obtain a permit before operating installations after the prescribed date
5 years imprisonmentIf you run any plant, factory or mobile equipment that could emit pollutants, you must have an official permit before you start operating after the date set out in the regulations. You can only operate within the limits the permit allows.
Operate installations to prevent pollution and meet BAT standards
If your business runs a Part A industrial installation or mobile plant under a permit, you must run it so that pollution is prevented, best‑available‑technique (BAT) is applied, waste is avoided or managed responsibly, energy is used efficiently, accidents are prevented, and the site is restored when the activity stops. Failure to do so can lead to criminal prosecution.
Notifications 2
Submit joint application to transfer your permit
If you want to sell or give away all or part of your pollution‑prevention permit, you must apply together with the buyer to the enforcing authority. The application must include the original permit, the required fee, contact details, and a site map if only part of the permit is being transferred, plus any information showing the buyer is fit‑and‑proper. The authority will then issue a new permit to the buyer (or endorse the existing one) within the prescribed time‑frame.
Submit written appeal with grounds within the required time limit
If you want to challenge a decision about an industrial emissions permit, you must send a written notice of appeal to the Planning Appeals Commission and explain the reasons for the appeal. This must be done before the deadline that applies to your type of decision (e.g., up to six months after the decision, 21 days for certain notices, before a revocation takes effect, or two months for variation/enforcement notices). Failing to do so means you lose the right to appeal.
Policies 1
Follow the Materials Facilities Code when running a permitted facility
If you get a permit to run a materials facility, you must operate it in line with the Materials Facilities Code. This means putting in place the operating procedures, checks and monitoring the code requires, and keeping evidence that you’re meeting those standards.
Penalties for non-compliance
3 penalties under this legislation. 1 can result in imprisonment. 3 carry an unlimited fine.
Contravene regulation 9(1)
Unlimited fine and/or 5 years imprisonment
Include and comply with permit conditions for Part B/C installations and mobile plant
Unlimited fine
Obtain a permit before operating installations after the prescribed date
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
65 classified provisions from this legislation.
Duties 16
- Schedule 2 BEST AVAILABLE TECHNIQUES
- s.5 Application to the Crown those powers
- s.7 Discharge and scope of functions chief inspector
- s.9 Permits: requirement for a permit person
- s.11 Conditions of permits: general principles pollution risk and
- s.13 Conditions of permits: specific conditions for Part A installations and Part A mobile plant
- s.14 Conditions of permits: specific conditions for Part B and C installations and mobile plant
- s.16 General binding rules The Department
- s.20 Transfer of permits account
- s.26 Duty of the enforcing authority to undertake inspections and to ensure compliance with conditions enforcing authority
- s.33 Public registers of information
- s.41 Guidance to enforcing authorities
- s.43 Disclosure of information enforcing authority
- Conditions of permits: Materials facilities Conditions of permits: Materials facilities The enforcing authority
- Schedule 11 WASTE INCINERATION The chief inspector
- Schedule 15 APPEALS FROM DECISIONS WITH RESPECT TO PERMITS person who was required
Powers 14
- s.6 Applications
- s.8 Appointment of chief inspector and other inspectors
- s.15 Conditions of permits: Department’s notice in relation to emissions into water
- s.17 Review of conditions of permits
- s.24 Revocation of permits
- s.27 Enforcement notices
- s.28 Suspension notices
- s.29 Power of the enforcing authority to prevent or remedy pollution
- s.30 Powers of inspectors and others
- s.32 Information
- s.34 Exclusion from registers of information affecting national security
- s.37 Enforcement by the High Court
- s.39 Power of court to order cause of offence to be remedied
- s.40 Directions to enforcing authorities
Definitions 14
- Schedule 1 ACTIVITIES, INSTALLATIONS AND MOBILE PLANT
- s.2 Interpretation: general the 2003 Landfill Regulations baseline report change in operation
- s.3 Interpretation: “best available techniques” or “ BAT ” BAT available techniques best
- Schedule 5 POLLUTANTS
- Schedule 9 LARGE COMBUSTION PLANTS
- Schedule 10 TITANIUM DIOXIDE
- Schedule 12 PETROL VAPOUR RECOVERY
- s.25 Fees and charges in relation to permits
- Schedule 6 COMPENSATION IN RELATION TO OFF-SITE CONDITIONS grantor relevant interest
- Schedule 8 SED INSTALLATIONS
- Schedule 9A Medium Combustion Plant
- Schedule 9B Specified generators
- Schedule 13 ASBESTOS the Asbestos Directive regular intervals waste
- Schedule 14 SUPPLEMENTAL PROVISIONS WITH RESPECT TO POWERS OF ENTRY relevant power
Exemptions 13
- Schedule 3 PRESCRIBED DATE AND TRANSITIONAL ARRANGEMENTS
- Schedule 4 GRANT OF PERMITS
- s.10 Permits: general provisions
- s.12 Conditions of permits: specific conditions for all installations and mobile plant
- s.18 Proposed change in the operation of an installation or mobile plant
- s.19 Variation of conditions of permits
- s.22 Surrender of a permit for a Part A installation or Part A mobile plant
- s.31 Appeals from decisions with respect to permits
- s.35 Exclusion from registers of certain confidential information
- s.42 Plans relating to emissions
- Schedule 7 VARIATION OF CONDITIONS
- Schedule 13A ENERGY EFFICIENCY DIRECTIVE
- Schedule 16 REGISTERS