IE
S.I. No. 565/2012 - European Union (Installations and Activities Using Organic Solvents) Regulations 2012.
Table of Provisions (30)
Statutory Text (30 Articles)
1. Name and address of the operator
2. Address of the installation if different from 1 above
3. (
a
) Have you previously been issued with a certificate of compliance for this installation-
(
b
) If yes to 3(
a
), please state the date of expiry of the previous certificate of compliance
4. State the activity or activities carried out or proposed to be carried out at the installation by reference to Schedules 1 and 2 of the Regulations
5. Detail the type or types of organic solvent used or proposed to be used in the activity or activities
6. State the estimated quantity of each type of organic solvent consumed or proposed to be consumed annually in each activity
7. Will abatement equipment be used or is it used currently- If so, briefly describe
8. Are you employing, or do you propose to employ, a solvent reduction scheme under Regulation 10(1)(
b
). If so, detail briefly any reduction targets to be achieved
9. Enclosed
Report from an approved assessor established by the Environmental Protection Agency under Regulation 7 of the European Union (Installations and Activities Using Organic Solvents) Regulations 2012 on the compliance of the installation; and
Application fee of € payable to the local authority.
Signature
Date.
Schedule 8
Certificate of compliance to operate an installation using organic solvents
In accordance with the European Union (Installations and Activities Using Organic Solvents Regulations) 2012,
.................................................. (
insert name of local authority
)
hereby issues a certificate of compliance to
..............(
insert name and address of installation
)
subject to the conditions and recommendations (
if any
) stated below.
This certificate of compliance will expire on (
insert date
) unless revoked sooner by (
insert name of local authority
).
An application for the renewal of this certificate of compliance must be made in writing to (
insert name of local authority
) not less than 28 days prior to the expiry date above.
Conditions for Compliance
Stamp of local authority to be affixed here
Signature of authorised person
Date
GIVEN under my Official Seal,
21 December 2012.
PHIL HOGAN,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations transpose Chapters I, V and VII as well as Annex VII of Directive 2010/75/ EU on industrial emissions. Chapter V sets out special provisions for installations and activities using organic solvents. These Regulations do not apply to installations that are licensed separately by the Environmental Protection Agency (EPA).
The Regulations apply to dry cleaners and other sectoral activities listed in Schedule 1 where the solvent consumption is within or above the thresholds specified in Schedule 2. Such installations must be operated in compliance with these Regulations. Any person or body who contravenes a provision of these Regulations is guilty of an offence and shall be liable to the penalties provided for in Regulation 27.
Local authorities are responsible for the enforcement of the Regulations within their functional area. The EPA is designated as the competent authority under the Regulations and has general supervision over the functions and actions of local authorities. The EPA may publish guidelines to facilitate the implementation of the regulations. The EPA shall appoint a national panel of approved assessors before 30 September 2013 for the purpose of assessing the compliance of installations to which these Regulations apply. Until such time the EPA will appoint an interim approved assessor.
Dry cleaners and other sectoral activities that fall within the scope of these regulations must hold an up to date certificate of compliance from the relevant local authority. In order to acquire a certificate of compliance, an installation must first undergo an inspection by an approved assessor who has been appointed by the EPA. The approved assessor shall determine the compliance of the operator with the environmental parameters of the Directive and these Regulations. The operator then submits the report of the approved assessor to the relevant local authority together with an application fee. The local authority must then decide, within 28 days, whether or not to issue a certificate of compliance. Certificates of compliance may be issued for a period of up to 3 years. Certified operators must submit data to the local authority by 31 January each year enabling the local authority to verify the compliance of the installation.
An application for a renewal of a certificate of compliance must be made at least 28 days prior to its expiry date. Local authorities may renew a certificate of compliance issued under the Emissions of Volatile Organic Compounds from Organic Solvents Regulations 2002 (
S.I. No. 543 of 2002
) that was valid on 31 December 2012. Such certificates may be renewed to be valid up to 30 September 2016. A certificate that has expired shall not be renewed.
1 OJ No. L 334, 17 December, 2010, p.17
2 OJ No. L 143, 30 April, 2004, p.87
3 OJ L 263, 9.10.2007, p. 1.
10. Rubber conversion
Any activity of mixing, milling, blending, calendering, extrusion and vulcanisation of natural or synthetic rubber and any ancillary operations for converting natural or synthetic rubber into a finished product.
11. Surface cleaning
Any activity except dry cleaning using organic solvents to remove contamination from the surface of material including degreasing. A cleaning activity consisting of more than one step before or after any other activity shall be considered as one surface cleaning activity. This activity does not refer to the cleaning of the equipment but to the cleaning of the surface of products.
12. Vegetable oil and animal fat extraction and vegetable oil refining activities
Any activity to extract vegetable oil from seeds and other vegetable matter, the processing of dry residues to produce animal feed, the purification of fats and vegetable oils derived from seeds, vegetable matter and/or animal matter.
13. Vehicle refinishing
Any industrial or commercial coating activity and associated degreasing activities performing either of the following
(
a
) the original coating of road vehicles as defined in Directive 2007/46/EC or part of them with refinishing-type materials, where this is carried out away from the original manufacturing line;
(
b
) the coating of trailers (including semi-trailers) (category O in Directive 2007/46/EC).
14. Winding wire coating
Any coating activity of metallic conductors used for winding the coils in transformers and motors, etc.
15. Wood impregnation
Any activity giving a loading of preservative in timber.
16. Wood and plastic lamination
Any activity to adhere together wood and/or plastic to produce laminated products.
Schedule 2
Thresholds and emission limit values
The emission limit values in waste gases shall be calculated at a temperature of 273,15 K, and a pressure of 101,3 kPa.
Schedule 3
Emission limit values for installations of the vehicle coating industry
17. (1) A report prepared by an approved assessor under Regulation 15 or 16 shall—
(
a
) be prepared having regard to any best practice guidelines published by the Agency under Regulation 5(4),
(
b
) have regard to any further guidance prepared by the Agency on common formats for reporting monitoring data,
(
c
) state whether the application for a certificate of compliance or the application for renewal of a certificate of compliance, as the case may be, should be granted or refused, and state the reasons for the decision, and
(
d
) where it is proposed to grant or renew a certificate of compliance, as the case may be, include such recommendations or conditions as the approved assessor considers necessary to ensure that the installation concerned is established and operated in compliance with these Regulations.
(2) For the purposes of paragraph 1(
d
), any recommendations and conditions shall be consistent with any best practice guidelines published by the Agency under Regulation 5(4).
Issuing of Certificates of Compliance
18. (1) Within 28 days of receipt of an application submitted under Regulation 15, the local authority concerned shall, where it is satisfied that the report from the approved assessor demonstrates that the installation concerned satisfies the requirements of these Regulations as well as any conditions required by the local authority and provided the application fee has been submitted, grant a certificate of compliance to the applicant in the form specified in Schedule 8 and shall include such conditions, if any, proposed in the report from the said approved assessor or required by the local authority.
(2) Within 28 days of receipt of an application submitted under Regulation 16, the local authority concerned shall, where it is satisfied that the report from the approved assessor demonstrates that the installation concerned satisfies the requirements of these Regulations, as well as any conditions required by the local authority and provided the application fee has been submitted, grant a renewal of a certificate of compliance to the applicant in the form specified in Schedule 8 and shall include such conditions, if any, proposed in the report from the said approved assessor or required by the local authority.
(3) A certificate of compliance granted under paragraph 1 or paragraph 2 shall, subject to compliance with any conditions contained therein, be valid for no longer than three calendar years from the date of issue and shall state the date on which it expires.
(4) Where the local authority has reasonable grounds for suspecting that an installation is not being operated in compliance with these Regulations it may refuse to grant a certificate of compliance or to renew a certificate of compliance, as the case may be, and state the reason for the refusal.
(5)(
a
) Where the local authority is not satisfied that a report from an approved assessor satisfies the requirements of these Regulations, it may—
(i) request additional information or a further report from the approved assessor concerned to be submitted within a period of not less than 28 days, or
(ii) reject the application as invalid and state the reason for its decision.
(
b
) For the purposes of calculating the 28 day period specified in paragraphs 1 and 2, a period of time allowed for a response to a request under paragraph 5(
a
)(i) shall not be taken into account.
(6) A decision under paragraphs 1, 2, 4 or 5(
a
)(i) shall be notified in writing by the local authority concerned to the applicant.
(7) Certificates of compliance issued by a local authority under the Emissions of Volatile Organic Compounds from Organic Solvents Regulations 2002 (
S.I. No. 543 of 2002
) that were valid on 31 December 2012 may be renewed by a local authority under these Regulations to be valid up to 30 September 2016.
(8) A local authority may revoke a certificate of compliance issued under these Regulations before its expiry date where it has reasonable grounds for suspecting that an installation is not being operated in compliance with these Regulations or if there is a failure by the operator to provide data enabling the local authority to verify compliance either annually or when requested.
Instances of Non-Compliance
19. (1) Where the operator of an installation to which these Regulations apply becomes aware that a requirement of these Regulations has been breached or is being breached, as the case may be, the said operator shall—
(
a
) inform their local authority immediately, and
(
b
) immediately take the measures necessary to ensure compliance is restored within the shortest possible time.
(2) The local authority shall require the operator to take any appropriate complementary measures that it considers necessary to restore compliance.
(3) In the case of an instance of non-compliance with the requirements of these Regulations which poses an immediate danger to human health, or threatens to cause an immediate significant adverse effect upon the environment, the operation of the installation or relevant part thereof shall be suspended until compliance is restored to the satisfaction of the local authority.
Incidents and Accidents
20. (1) Notwithstanding the European Communities (Environmental Liability) Regulations 2008 (
S.I. No. 547 of 2008
), in the event of any incident or accident occurring which could significantly affect the environment, the operator shall—
(
a
) inform the local authority immediately, and
(
b
) immediately take any measures necessary to limit the environmental consequences and to prevent further possible incidents.
(2) The local authority shall require the operator to take any appropriate complementary measures that it considers necessary to limit the environmental consequences and to prevent further possible incidents or accidents.
Monitoring
21. (1) The Agency shall establish and implement a monitoring programme for the purpose of reporting to the Commission in accordance with the Directive.
(2) Each local authority shall carry out or cause to be carried out in respect of its functional area—
(
a
) such monitoring, sampling and analyses as may be directed by the Agency, and
(
b
) maintain such records as are necessary to provide information required by the Agency.
Authorised Persons
22. (1) The Agency or a local authority may appoint in writing any person to be an authorised person for the purposes of ensuring compliance with these Regulations.
(2) Any person appointed as an authorised person for the purposes of
Section 7
of the
Air Pollution Act 1987
(No. 6 of 1987) shall also be considered to be an authorised person for the purposes of these Regulations.
(3) An authorised person shall be furnished with a certificate of his or her appointment and when exercising a power conferred on him or her under these Regulations shall, if requested by any person thereby affected, produce the certificate or a copy of it to that person for inspection.
(4) Subject to paragraph 5, an authorised person may for the purpose of insuring that these Regulations are being complied with—
(
a
) at all reasonable times, enter any premises which he or she has reason to believe is being operated as an installation to which these Regulations apply and inspect the premises,
(
b
) require the operator of the installation or connected with any equipment at that installation to produce to him or her any records that are in the operator’s power or control and to give to him or her such information as he or she may reasonably require in relation to any substances or mixtures that is used, prepared or stored at the premises,
(
c
) inspect and take copies of, or take extracts from, any such records,
(
d
) there or at any other place carry out or have carried out such examinations, inspections or tests of any substances or mixtures or equipment found on the premises and, if the authorised person so thinks fit, remove or have removed from there for a reasonable period to facilitate such examination, testing or inspection,
(
e
) examine any procedure connected with the installation to which these Regulations apply or maintenance of equipment found on the premises,
(
f
) take, without payment, such samples of any substances or mixtures as the authorised person may reasonably require and carry out or have carried out on such samples there or elsewhere such checks and inspections as he or she considers necessary,
(
g
) seize and detain substances or mixtures which the authorised person reasonably suspects are hazardous substances under Regulation 9.
(5) An authorised person shall not, other than with the consent of the occupier, enter a private dwelling unless he or she has obtained a warrant from the District Court under paragraph 7 authorising such entry.
(6) An authorised person, where he or she considers it necessary, may be accompanied by a member of the Garda Síochána when performing any powers conferred on an authorised person by this Regulation.
(7) If a judge of the District Court is satisfied, on the sworn information of an authorised person that there are reasonable grounds for suspecting that a premises or private dwelling is being used as an installation to which these Regulations apply, the judge may issue a warrant authorising an authorised person or persons, accompanied, if appropriate, by a member or members of the Garda Síochána at any time within one month from the date of issue of the warrant, on production of the warrant if so requested, to enter those premises or part of it, if need be by reasonable force, and exercise all or any of the powers conferred on an authorised officer under this Regulation.
(8) An operator shall comply with any reasonable request made by an authorised person and shall not obstruct or interfere with an authorised person carrying out their duties under these Regulations.
Sampling of Substances or Mixtures
23. (1) Where an authorised person takes a sample of any substances or mixtures for the purposes of these Regulations, the said authorised person shall, at the time of the taking of the sample, attach to the container or packaging, as the case may be, a label specifying the date on which the sample was taken, the installation at which it was taken and an identification number.
(2) Evidence given or to be given in respect of any test, examination or analysis of a sample of any substances or mixtures taken pursuant to these Regulations shall—
(
a
) identify such sample by reference to the identification number given to it for the purposes of paragraph 1, and
(
b
) in relation to the said sample, be evidence, without further proof, of the result of the test, examination or analysis until the contrary is shown.
Duty of Operators to Provide Information
24. (1) The operator of a premises or installation to which these Regulations apply shall supply any information, record or data requested by a local authority or the Agency for the purpose of verifying compliance with these Regulations.
(2) An operator shall not provide any information, record or data that is false or misleading.
Reporting
25. (1) In addition to the requirements of Regulation 10(4), the Agency shall, in accordance with Article 72 of the Directive, report to the Commission on the implementation of the Directive and these Regulations
(2) Local authorities shall supply to the Agency, upon request, any record or data with regard to the enforcement of these Regulations for the purposes of paragraph 1.
Offences
26. (1) A person or body who contravenes or fails to comply with a provision of these Regulations is guilty of an offence.
(2) Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(3) Where the affairs of a body corporate are managed by its members, paragraph 2 shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.
Penalties
27. (1) A person guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding a class A fine or imprisonment for a term not exceeding six months, or to both such fine and such imprisonment.
(2) A person guilty of an offence under these Regulations is liable on conviction on indictment to a fine not exceeding €100,000 or to imprisonment for a term not exceeding one year or to both such fine and such imprisonment.
Prosecutions
28. (1) An offence under these Regulations may be brought and prosecuted summarily by, as appropriate, the Agency or a local authority.
(2) Notwithstanding the provisions of section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under these Regulations may be initiated at any time within 2 years from the date of the commission of the offence.
(3) Where a person or body is convicted of an offence under these Regulations the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Agency or local authority, as the case may be, the costs and expenses, measured by the court, incurred by the Agency or local authority in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of employees, consultants and advisers, as the case may be.
(4) Where a court imposes a fine, or affirms or varies a fine imposed by another court for an offence under these Regulations, arising from a prosecution taken by the Agency or a local authority, it shall, on the application of the Agency or local authority (made before the time of such imposition, affirmation or variation), provide by order for the payment of the amount of the fine to the Agency or local authority concerned.
Revocation
29. The following are revoked
(
a
) Emissions of Volatile Organic Compounds from Organic Solvents Regulations 2002 (
S.I. No. 543 of 2002
), and
(
b
) Emissions of Volatile Organic Compounds from Organic Solvents (Amendment) Regulations 2010 (
S.I. No. 165 of 2010
).
Schedule 1
Technical provisions relating to installations and activities using organic solvents
Activities
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of
1
st January
, 2013.
I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by
section 3
of the
European Communities Act, 1972
(No. 27 of 1972) and for the purpose of giving effect to Chapters I, V and VII of Directive 2010/75/EU of the European Parliament and the Council of 24 November 2010
1
, hereby make the following Regulations
Citation