Environmental Protection Agency (Integrated Pollution Control) (Licensing) (Amendment) Regulations 2022

Jurisdiction: Republic of Ireland

Commencement: 25^th August 2022

Amends: Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013
Mini Summary

Duties
Part II: Applications
These Regulations require an applicant, to publish a notice in a newspaper circulated in the district and display a site notice on the land or structure concerned before an application is made.

If the Agency thinks a notice published in a newspaper and/or displayed on site is misleading or inadequate, they shall require the applicant to publish or display further notices.

A notice is also required to be given to the planning authority under section 87(1)(a) of the EPA Act 1992 must:

• give the name and address of the applicant;
• state the location or postal address to which the application relates;
• specify the class or classes and nature of the integrated pollution control activity;
• where the application is required to be accompanied by an environmental impact statement:
  • state that such a statement will be submitted to the Agency with the application;
  • state that the environmental impact statement and any further information relating to the effects on the environment of the emissions from the activity which may be given to the Agency in the course of its consideration of the application, will be made available; and
  • indicate the name of the planning authority to which a copy of the environmental impact stamen has been submitted; and
  • state that a copy of the application for the licence may be inspected on the Agency’s website or obtained from the Agency.

An application must be submitted to the Agency. The application must contain the particulars outlined in Regulations 9. A summary of which is below:

• the name, address and telephone number of the applicant;
• the location and postal address of the premises;
• the name of the planning authority in whose functional area the activity is or will be carried out;
• in the case of a discharge of any trade effluent or other matter to a sewer, the name of the sanitary authority;
• in the case of an established activity, the number of employees and other persons working or engaged in connection with the activity on the date after which a licence is required and during normal levels of operation, or in any other case, the gross capital cost of the activity to which the application relates;
• if an application for permission for the development is currently under consideration by the planning authority concerned or An Bord Pleanala, a written confirmation of that fact with either a copy of the environmental impact statement or a letter stating an environmental impact statement is not required;
• if an application for permission for the development has been granted by the planning authority concerned or An Bord Pleanala, a copy of the grant of permission together with either a copy of the environmental impact statement or a letter stating an environmental impact statement is not required;
• specify the raw and ancillary materials, substances, preparations, fuels and energy which will be produced by or utilised in the activity;
• describe the plant, methods, processes, ancillary processes, abatement, recovery and treatment systems, and operating procedures for the activity;
• indicate how the requirements of section 83(5)(a)(i) to (v), (vii), and (viii) to (x) of the EPA Act 1992 will be met;
• give particulars of the source, nature, composition, temperature, volume, level, rate, method of treatment and location of emissions and the period or periods during which the emissions are, or will be made;
• identify monitoring and sampling points and outline proposals for monitoring emissions and the environmental consequences of any such emissions;
• provide details and an assessment of the impacts of any existing or proposed emission on the environment and detail the measures to prevent or eliminate these emissions;
• outline the main alternatives, if any, to the proposals contained in the application which were studied by the applicant;
• describe the condition of the site of the installation;
• specify the measures to be taken to comply with an environmental quality standard where such a standard requires stricter conditions to be attached to a licence than would otherwise be determined by reference to best available techniques;
• describe the measures to be taken for minimising pollution over long distances or in the territory of other states;
• describe the measures to be taken under abnormal operating conditions, including start-up, shutdown, leaks, malfunctions, breakdowns and momentary stoppages;
• describe the measures to be taken on and following the permanent cessation of the activity or part of the activity to avoid any risk of environmental pollution and to return the site of the activity to a satisfactory state;
• describe the arrangements for the prevention or minimisation of waste and, where waste is produced, the on and off-site arrangements for the recovery or disposal of solid and liquid wastes;
• specify the quantity and nature of the waste or wastes produced or to be produced;
• state whether the activity consists of, comprises, or is for the purposes of an establishment to which the European Communities (Control of Major Accident Hazards involving Dangerous Substances) Regulations 2006 apply;
• describe, in the case of an activity which gives rise, or could give rise, to an emission containing a hazardous substance which is discharged to an aquifier and is specified in Council Directive 80/68/EEC, the arrangements necessary to comply with the directive; and
• include a non-technical summary of information provided in relation to the matters specified in subparagraphs (c) and (f) to (u).

The application must also be accompanied by:

• a copy of the newsletter notice,
• a copy of the site notice
• a copy of the notice given to the planning authority under section 87(1)(a) of the EPA Act 1992,
• a copy of any plans, reports and supporting documentation; and
• the relevant fee.

The Agency may grant or refuse an application.

Part 3: Review of Licences
This part outlines the process for reviewing licences.

Part 4: Consideration of Applications or Reviews
This outlines the particulars that the Agency will consider for applications and reviews.

Part 5: Notifications and publications
Part 5 provides information on what the Agency must publish during the application process of a licence.

Part 6: Objections
Part 6 provides information on the form and content of objections to an application for a licence and the subsequent process to be followed.

Part 7: Register
The Agency is required to keep a register of each application for a licence and each notification given in writing to the licensee. The register must contain the particulars outlined in regulation 38.

Part 8: Miscellaneous
Part 8 contains additional information including offences and revocations.

Amendment
A small revision is made to the definition of ‘application for permission’ to include developments by state authorities, namely a Minister of the Government or the Commissioners.

Regulation 9 (Application for a licence) of the 2013 Regulations is also revised to ensure that an application for a licence submitted to Environmental Protection Agency (EPA) also contains a written confirmation from the planning authority or An Board Pleanála that an environmental impact assessment report was exempted from being required as per the Planning and Development Act 2000  if that is the case, in the following 2 scenarios.

1. When an application for permission for the development is currently under consideration by the planning authority concerned or An Bord Pleanála.
2. When an application for permission for the development has been granted by the planning authority concerned or An Bord Pleanála.