Northern Ireland Statutory Rule SI 2013 Northern Ireland

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

These Regulations are made under Article 4(1) of the Environment (Northern Ireland) Order 2002. They transpose Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control (Recast)). They also replace existing legislation which is listed in Schedule 17.

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
NIEA
Status
In Force
Penalty ceiling
Imprisonment 1 of 52 obligations carry an unlimited fine. 1 carries different penalties and 50 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Operator20 Any Person4 Applicant2

Plus 26 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Operator — also bound by 803 other Acts
Any Person — also bound by 2684 other Acts
Applicant — also bound by 325 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

2 of 8 sections shown
s.005 Application to the Crown (opens in a new tab) Regulated
  • Crown employees must comply with industrial emission regulationsAny Person
s.007 Discharge and scope of functions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Chief Inspector must monitor Best Available Techniques (BAT) developmentsStatutory regulator
6 other sections in this Part — procedural and definitional
s.001 Citation and commencement (opens in a new tab)
s.002 Interpretation: general (opens in a new tab)
s.003 Interpretation: “best available techniques” or “ BAT ” (opens in a new tab)
s.004 Fit and proper person (opens in a new tab)
s.006 Applications (opens in a new tab)
s.008 Appointment of chief inspector and other inspectors (opens in a new tab)
Part 2

PERMITS

10 of 18 sections shown
s.009 Permits: requirement for a permit (opens in a new tab) Imprisonment
  • Obtain an environmental permit before operating regulated industrial plantAny Person
s.011 Conditions of permits: general principles (opens in a new tab) Regulated
  • Operate industrial installations to prevent and limit pollutionOperator
s.012 Conditions of permits: specific conditions for all installations and mobile plant (opens in a new tab) Regulated
  • Use best available techniques to prevent or reduce emissions from your installationOperator
s.013 Conditions of permits: specific conditions for Part A installations and Part A mobile plant (opens in a new tab) Regulated
  • Comply with environmental permit conditions and reporting requirementsOperator
s.014 Conditions of permits: Materials facilities Regulated
Other duties (1) — Crown / regulator
  • NIEA must include Materials Facilities Code compliance in waste permitsStatutory regulator
s.014 Conditions of permits: specific conditions for Part B and C installations and mobile plant (opens in a new tab) Prosecution
Other duties (1) — Crown / regulator
  • NIEA must set permit conditions to minimise air emissionsStatutory regulator

Unlimited fine

s.016 General binding rules (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Northern Ireland Environment Agency must issue and update general binding rulesCrown / Minister / Government department
s.017 Review of conditions of permits (opens in a new tab) Regulated
  • Submit permit review information when requested by the chief inspectorOperator
s.018 Proposed change in the operation of an installation or mobile plant (opens in a new tab) Regulated
  • Notify NIEA before changing your permitted operationOperator
s.020 Transfer of permits (opens in a new tab) Regulated
  • Apply jointly to transfer an industrial permitOperator
8 other sections in this Part — procedural and definitional
s.010 Permits: general provisions (opens in a new tab)
s.015 Conditions of permits: Department’s notice in relation to emissions into water (opens in a new tab)
s.019 Variation of conditions of permits (opens in a new tab)
s.021 Death of a permit holder (opens in a new tab)
s.022 Surrender of a permit for a Part A installation or Part A mobile plant (opens in a new tab)
s.023 Surrender of a permit for a Part B or Part C installation or Part B or Part C mobile plant (opens in a new tab)
s.024 Revocation of permits (opens in a new tab)
s.025 Fees and charges in relation to permits (opens in a new tab)
Part 3

1 of 5 sections shown
s.026 Duty of the enforcing authority to undertake inspections and to ensure compliance with conditions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • NIEA must inspect industrial sites and report findingsStatutory regulator
4 other sections in this Part — procedural and definitional
s.027 Enforcement notices (opens in a new tab)
s.028 Suspension notices (opens in a new tab)
s.029 Power of the enforcing authority to prevent or remedy pollution (opens in a new tab)
s.030 Powers of inspectors and others (opens in a new tab)
Part 4

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.031 Appeals from decisions with respect to permits (opens in a new tab)
Part 5

1 of 4 sections shown
s.033 Public registers of information (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Authorities must maintain and provide access to public registersStatutory regulator
3 other sections in this Part — procedural and definitional
s.032 Information (opens in a new tab)
s.034 Exclusion from registers of information affecting national security (opens in a new tab)
s.035 Exclusion from registers of certain confidential information (opens in a new tab)
Part 6

0 of 4 sections shown
4 other sections in this Part — procedural and definitional
s.036 Offences (opens in a new tab)
s.037 Enforcement by the High Court (opens in a new tab)
s.038 Admissibility of evidence (opens in a new tab)
s.039 Power of court to order cause of offence to be remedied (opens in a new tab)
Part 7

1 of 3 sections shown
s.041 Guidance to enforcing authorities (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • NIEA must follow government guidance when enforcing industrial emissions rulesStatutory regulator
2 other sections in this Part — procedural and definitional
s.040 Directions to enforcing authorities (opens in a new tab)
s.042 Plans relating to emissions (opens in a new tab)
Part 8

1 of 2 sections shown
s.043 Disclosure of information (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulators and Department may share information for industrial emissions dutiesStatutory regulator
1 other section in this Part — procedural and definitional
s.044 Revocations (opens in a new tab)
Schedules

Schedules

36 of 206 shown
s.002 BEST AVAILABLE TECHNIQUES (opens in a new tab) Regulated
  • Use Best Available Techniques (BAT) to prevent or reduce industrial pollutionAny Person
s.sch003 (1) The enforcing authority may accept a permit issued under... Regulated
  • Notify regulator of incidents and permit breaches immediatelyOperator
s.sch003 The enforcing authority must ensure that the permit is fully... Regulated
Other duties (1) — Crown / regulator
  • NIEA must ensure permits are fully compliant after 20 June 2013Statutory regulator
s.sch004 In the case of an application for a permit to... Regulated
Other duties (1) — Crown / regulator
  • Chief inspector must consider EIA findings when deciding permit applicationsStatutory regulator
s.sch004 (1) The Department may give directions to the enforcing authority... Regulated
Other duties (1) — Crown / regulator
  • Department must provide hearing and notice when permit application is referredCrown / Minister / Government department
s.sch004 An application for a permit to operate a waste incineration... Regulated
  • Include waste incineration compliance measures in permit applicationOperator
s.sch004 Where the Department is aware that the operation of an... Regulated
Other duties (1) — Crown / regulator
  • Department must forward applications to affected Member StatesCrown / Minister / Government department
s.sch004 (1) An application for a permit to operate an installation... Regulated
  • Include solvent emission control measures in your permit applicationApplicant
s.sch007 An application under regulation 19(2) for the variation of the... Regulated
  • Submit a complete application to vary your environmental permit conditionsOperator
s.sch007 The chief inspector shall notify the operator of a Part... Regulated
Other duties (1) — Crown / regulator
  • Chief inspector must notify operators needing a baseline reportStatutory regulator
s.sch007 (1) Subject to paragraph 24(b), an operator notified under paragraph... Regulated
  • Advertise proposed variation notice in local newspaper within 28 daysOperator
s.sch007 Where the Department is aware that an application or a... Regulated
Other duties (1) — Crown / regulator
  • Department must share cross-border permit applications with affected Member StatesCrown / Minister / Government department
s.sch007 Where an application or proposal to serve a variation notice... Regulated
Other duties (1) — Crown / regulator
  • Department must notify operator and chief inspector about cross-border variation consultationsCrown / Minister / Government department
s.sch007 In determining an application or before serving a variation notice... Regulated
Other duties (1) — Crown / regulator
  • Chief inspector must consider representations on applications and variation noticesStatutory regulator
s.sch007 If a proposed change in the operation of a Part... Regulated
  • Provide site report for additional land in permit change applicationOperator
s.sch007 (1) Subject to paragraph 24(b), an operator notified under paragraph... Regulated
  • Advertise permit variation application in local press and Belfast GazetteOperator
s.sch007 (1) The Department may give directions to the enforcing authority... Regulated
Other duties (1) — Crown / regulator
  • NIEA must refer certain permit variation applications to the Department for determinationStatutory regulator
s.sch009a Applications for the grant of a permit Regulated
Other duties (1) — Crown / regulator
  • NIEA must process permit applications within one monthStatutory regulator
s.sch009a Exercise of relevant function Regulated
Other duties (1) — Crown / regulator
  • NIEA must enforce MCPD emission limits and ban persistent dark smokeStatutory regulator
s.sch009a Emission limit values Regulated
  • Keep air emissions from medium combustion plants below legal limitsOperator
s.sch011 WASTE INCINERATION (opens in a new tab) Regulated
  • Do not incinerate waste collected for recycling or re-useOperator
s.sch011 Exercise of relevant functions Regulated
Other duties (1) — Crown / regulator
  • NIEA must ensure waste incineration permits meet IED standards and energy efficiency conditionsStatutory regulator
s.sch011 Waste separately collected for preparing for re-use and recycling not to be incinerated Regulated
  • Do not incinerate separately collected recyclable wasteOperator
s.sch013a An operator of an installation with a total net thermal... Regulated
  • Apply for permit variation before substantial refurbishmentOperator
s.sch013a The application for a variation in the conditions of the... Regulated
  • Include cost-benefit analysis with permit variation applicationOperator
s.sch013a Where the exemption specified in paragraph 12(1) applies, the enforcing... Regulated
Other duties (1) — Crown / regulator
  • Include permit hours limits where exemption appliesStatutory regulator
s.sch013a From 31st December 2015, when considering permit applications and applications... Regulated
Other duties (1) — Crown / regulator
  • Consider cost-benefit and energy efficiency in permit decisionsStatutory regulator
s.sch013a Subject to paragraph 19, where a cost-benefit analysis required pursuant... Regulated
Other duties (1) — Crown / regulator
  • Regulator must impose waste heat conditions where CBA shows net benefitStatutory regulator
s.sch013a Cost-benefit analysis Regulated
Other duties (1) — Crown / regulator
  • Regulator must assess costs and benefits before serving noticeStatutory regulator
s.sch013a An operator of an installation, carrying out an activity with... Regulated
  • Apply for permit variation before substantial refurbishmentOperator
s.sch013a An operator of an installation with a total net thermal... Regulated
  • Apply to vary your permit before substantial refurbishment of a large heat-generating installationOperator
s.sch013a The application for a variation of the conditions of the... Regulated
  • Submit cost-benefit analysis with permit variation applicationOperator
s.sch013a An application to an enforcing authority under regulation 10 for... Regulated
  • Submit cost-benefit analysis on waste heat for new installation permitApplicant
s.sch015 APPEALS FROM DECISIONS WITH RESPECT TO PERMITS (opens in a new tab) Regulated
  • Submit written notice and grounds of appeal against permit decisionsAny Person
s.sch016 (1) A register maintained by an enforcing authority under regulation... Regulated
Other duties (1) — Crown / regulator
  • Enforcing authority must maintain a public register of permit informationStatutory regulator
s.sch016 Where, following an amendment of Schedule 1, these Regulations cease... Regulated
Other duties (1) — Crown / regulator
  • NIEA must remove obsolete register entries within 2–3 months of Schedule 1 amendmentStatutory regulator
170 other schedules
s.001 ACTIVITIES, INSTALLATIONS AND MOBILE PLANT (opens in a new tab)
s.003 PRESCRIBED DATE AND TRANSITIONAL ARRANGEMENTS (opens in a new tab)
s.004 GRANT OF PERMITS (opens in a new tab)
s.005 POLLUTANTS (opens in a new tab)
s.009 LARGE COMBUSTION PLANTS (opens in a new tab)
s.010 TITANIUM DIOXIDE (opens in a new tab)
s.012 PETROL VAPOUR RECOVERY (opens in a new tab)
s.017 REVOCATIONS (opens in a new tab)
s.sch001 References to, or to the release into water of, a...
s.sch001 (1) References to a substance listed in this paragraph are...
s.sch001 For the purpose of these Regulations— “Part A installation” means...
s.sch001 For the purpose of these Regulations— “Part A mobile plant”...
s.sch001 A Part B installation where an activity falling within paragraph...
s.sch001 A Part B installation where an activity falling within paragraph...
s.sch001 (1) A Part B or Part C installation where an...
s.sch001 Where an installation is a Part A installation, a Part...
s.sch001 Where an installation is authorised by a permit granted under...
s.sch001 In this Part, “Part A activity”, “Part B activity” and...
s.sch001 An activity shall not be taken to be an activity...
s.sch001 An activity listed in section 7 of Part 1 shall...
s.sch001 References in Part 1 to related activities are references to...
s.sch001 (1) This paragraph applies for the purpose of determining whether...
s.sch001 (1) Where an activity falls within a description in Part...
s.sch001 In Part 1— “background quantity” means, in relation to the...
s.sch001 References to, or to the release into the air of,...
s.sch002 Subject to paragraph 2, in determining BAT, special consideration shall...
s.sch002 Sub-paragraphs (a) to (c) and (j) to (l) of paragraph...
s.sch003 Save as set out in paragraph 2(b), for a Part...
s.sch003 For a Part A installation or Part A mobile plant—...
s.sch003 For a Part A installation or Part A mobile plant...
s.sch003 For any Part A installation or Part A mobile plant,...
s.sch003 (1) Save as set out in sub-paragraphs (2) and (3),...
s.sch003 The Pollution Prevention and Control Regulations (Northern Ireland) 2003 shall...
s.sch004 (1) An application to an enforcing authority for a permit...
s.sch004 Where an application is for a permit to operate more...
s.sch004 Paragraph 7 shall not apply in relation to an application...
s.sch004 (1) Subject to paragraphs 13 and 30 , the enforcing...
s.sch004 Paragraph 12 does not apply in relation to an application...
s.sch004 (1) If the enforcing authority proposes to grant a permit...
s.sch004 (1) Any representations made by any persons within the period...
s.sch004 (1) Except in a case where an application has been...
s.sch004 (1) The enforcing authority shall— (a) within a period of...
s.sch004 Paragraph 1(1) applies in relation to an application for a...
s.sch004 (1) An advertisement required by paragraph 19 shall—
s.sch004 If the enforcing authority fails to give notice of its...
s.sch004 (1) Where an application is forwarded to a Member State...
s.sch004 Any representations on the draft determination made in the Member...
s.sch004 (1) For the purposes of Parts 1 and 2 “working...
s.sch004 The requirements of paragraph 7 shall not apply in so...
s.sch004 The requirements of paragraph 12, other than paragraph 12(f), shall...
s.sch004 Subject to paragraph 29, the requirements of paragraph 12(1)(b)(ii), (iii)...
s.sch004 Paragraph 28 shall not apply in relation to information which...
s.sch004 An application for a landfill permit, where an activity falling...
s.sch004 Where a matter falls to be determined under regulation 34...
s.sch004 For the purpose of paragraph 30, the matters to be...
s.sch004 Paragraph 1(1) applies in relation to an application for a...
s.sch004 The enforcing authority may, by notice in writing, require the...
s.sch004 Subject to paragraph 30, the applicant shall, within the period...
s.sch004 Any advertisement required by paragraph 7 shall—
s.sch004 In the case of an application for a permit to...
s.sch005 Arsenic and its compounds.
s.sch005 Materials in suspension.
s.sch005 Cyanides.
s.sch005 Substances which contribute to eutrophication (in particular, nitrates and phosphates)....
s.sch005 Substances and mixtures which have been proved to possess carcinogenic...
s.sch005 Substances which have an unfavourable influence on the oxygen balance...
s.sch005 Polychlorinated dibenzodioxins and polychlorinated dibenzofurans.
s.sch005 Substances listed in Annex X to Directive 2000/60/EC.
s.sch005 AIR
s.sch005 WATER
s.sch005 Oxides of nitrogen and other nitrogen compounds.
s.sch005 Organophosphorus compounds.
s.sch005 Carbon monoxide.
s.sch005 Organotin compounds.
s.sch005 Volatile organic compounds.
s.sch005 Substances and mixtures which have been proved to possess carcinogenic...
s.sch005 Metals and their compounds.
s.sch005 Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances.
s.sch005 Dust including fine particulate matter.
s.sch005 Cyanides.
s.sch005 Asbestos (suspended particulates, fibres).
s.sch005 Metals and their compounds.
s.sch005 Chlorine and its compounds.
s.sch005 Arsenic and its compounds.
s.sch005 Fluorine and its compounds.
s.sch005 Biocides and plant protection products.
s.sch006 COMPENSATION IN RELATION TO OFF-SITE CONDITIONS (opens in a new tab)
s.sch006 (1) This Schedule applies in any case where—
s.sch006 In a case where this Schedule applies, any person who...
s.sch006 Subject to paragraph 6(3) and (5)(b), compensation shall be payable...
s.sch006 (1) Subject to sub-paragraph (2), an entitlement to compensation under...
s.sch006 (1) An application for compensation under this Schedule shall be...
s.sch006 (1) The amount to be paid by way of compensation...
s.sch006 (1) Compensation payable under this Schedule in respect of an...
s.sch006 (1) Compensation payable under this Schedule shall carry interest at...
s.sch007 VARIATION OF CONDITIONS (opens in a new tab)
s.sch007 (1) An advertisement required by paragraph 9 shall—
s.sch007 If the enforcing authority fails to give notice of its...
s.sch007 (1) Subject to paragraph (2), this paragraph applies where the...
s.sch007 (1) If the enforcing authority proposes to serve a variation...
s.sch007 (1) In the case of a proposed variation notice affecting...
s.sch007 Any representations on the draft determination made in the Member...
s.sch007 (1) For the purposes of this Schedule “working day” means...
s.sch007 The requirements of paragraph 6(1) and 14(1) shall not apply...
s.sch007 Paragraphs 27, 28 and 29 of Schedule 4 shall apply...
s.sch007 Where a matter falls to be determined under regulation 34...
s.sch007 Paragraph 31 of Schedule 4 shall apply for the purpose...
s.sch007 An application under regulation 19(2) for the variation of the...
s.sch007 The enforcing authority may, by notice in writing to the...
s.sch007 (1) Subject to sub-paragraph (2), this paragraph shall apply where...
s.sch007 (1) Except in a case where an application under regulation...
s.sch007 (1) The enforcing authority shall give notice of their draft...
s.sch008 SED INSTALLATIONS (opens in a new tab)
s.sch008 Application
s.sch008 Interpretation
s.sch008 Exercise of relevant functions
s.sch009 Application
s.sch009 This Schedule applies, from 1st January 2016, in relation to...
s.sch009 Interpretation
s.sch009 Exercise of relevant functions
s.sch009a Medium Combustion Plant
s.sch009a Application
s.sch009a Plant at gas compressor stations
s.sch009a Temporary derogations
s.sch009a Interpretation
s.sch009a Interpretation of this Part
s.sch009a Limited operating hours – existing medium combustion plants
s.sch009a Limited operating hours – new medium combustion plants
s.sch009a Small and micro isolated systems
s.sch009b Specified generators
s.sch009b Application
s.sch009b Interpretation – specified generators
s.sch009b Interpretation – relevant dates and permitting dates
s.sch009b Interpretation - general
s.sch009b Permit conditions: general
s.sch009b Exceptions to permit conditions
s.sch010 Application
s.sch010 Interpretation
s.sch010 Exercise of functions
s.sch011 Application
s.sch011 Interpretation
s.sch013 ASBESTOS (opens in a new tab)
s.sch013 Application
s.sch013 Interpretation
s.sch013 Exercise of chief inspector’s functions
s.sch013a ENERGY EFFICIENCY DIRECTIVE
s.sch013a Application
s.sch013a Paragraphs 3 to 11 shall not apply to—
s.sch013a Paragraphs 6 to 11 shall not apply to individual installations:...
s.sch013a For the purposes of paragraph 14, “connection distance” means—
s.sch013a Subject to paragraph 19, where a cost-benefit analysis, required pursuant...
s.sch013a Paragraphs 17 and 18 do not apply if, in individual...
s.sch013a Interpretation
s.sch013a The provisions of this Schedule apply to installations covered by...
s.sch013a The application for a variation of the conditions of the...
s.sch013a An application to an enforcing authority under regulation 10 for...
s.sch014 SUPPLEMENTAL PROVISIONS WITH RESPECT TO POWERS OF ENTRY (opens in a new tab)
s.sch014 In this Schedule— “relevant power” means a power conferred by...
s.sch014 (1) If it is shown to the satisfaction of a...
s.sch014 (1) Subject to regulation 30(10), information obtained in consequence of...
s.sch014 An inspector who, in the exercise of a relevant power,...
s.sch014 (1) Where an inspector exercises any power conferred by regulation...
s.sch015 (1) A person who wishes to appeal to the Planning...
s.sch015 Notice of appeal in accordance with paragraph 1 is to...
s.sch015 The enforcing authority shall, within 14 days of receipt of...
s.sch015 (1) The Planning Appeals Commission shall determine the appeal and...
s.sch016 REGISTERS (opens in a new tab)
s.sch016 Where an application is withdrawn by the applicant at any...
s.sch016 Nothing in paragraph 1 requires an enforcing authority to keep...
s.sch016 Any details of a formal caution included in a register...

Help complying

Guvnor’s practical routes through this instrument.

Starting a waste business

Complete compliance guide for waste transfer stations, treatment facilities, skip hire, and recycling centres. Covers environmental permits, waste carrier registration, and ongoing …

Responding to environmental enforcement

What to do if you receive an enforcement notice or warning letter from an environmental regulator. Covers types of enforcement action, immediate …

Dealing with a pollution incident

Immediate steps when a pollution incident occurs at your business. Report it, contain it, understand what happens next, and prevent recurrence.

Environmental compliance for manufacturers

A comprehensive introduction to environmental compliance for manufacturing businesses. Covers permits, air emissions, water discharge, waste management, and packaging obligations.

Apply to NIEA for an environmental permit

Northern Ireland has no single environmental permit. Each activity, from waste management and water discharge to industrial emissions and water abstraction, has …
2 more guides that reference this instrument
Control and monitor air emissions Manage your environmental permit compliance

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.