EU Air Requirements
S.I. No. 180/2011 –
Air Quality Standards Regulations 2011.
I, PHIL HOGAN, Minister for the Environment, Heritage 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 Council Directive 2008/50/EC1 of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe, hereby make the following Regulations:
Citation
1. These Regulations may be cited as the Air Quality Standards Regulations 2011.
Entry into Force
2. These Regulations shall come into effect on 12 April 2011.
Definitions
3. (1) In these Regulations—
“Agency” means the Environmental Protection Agency established under section 19 of the Environmental Protection Agency Act 1992 (No. 7 of 1992);
“Commission” means the Commission of the European Communities;
“Department” means the Department of the Environment, Heritage and Local Government;
“Directive” means Directive 2008/50/EC of the European Parliament and of the Council on ambient air quality and cleaner air for Europe;
“Local authority” means-
(a) a county council, and
(b) a city council,
within the meaning of the Local Government Act 2001 ;
“Minister” means the Minister for the Environment, Heritage and Local Government;
“particulate matter” means PM2.5 and PM10;
(2) A word or expression which is used in these Regulations and which is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.
Scope
4. These Regulations:
(a) make provisions necessary for the implementation of Directive 2008/50/EC on ambient air quality and cleaner air for Europe;
(b) establish limit values and, as appropriate, alert thresholds for concentrations of certain pollutants in ambient air intended to avoid, prevent or reduce harmful effects on human health and the environment as a whole;
(c) provide for the assessment of concentrations of certain pollutants in ambient air on the basis of methods and criteria common to the Member States of the European Communities;
(d) provide for the obtaining of adequate information on concentrations of certain pollutants in ambient air and ensure that it is made available to the public, inter alia by means of alert thresholds; and
(e) provide for the maintenance of ambient air quality where it is good and the improvement of ambient air quality in other cases with respect to certain pollutants.
Competent Authority
5. (1) For the purposes of these Regulations and the Directive the Environmental Protection Agency is the competent authority responsible for—
(a) assessing ambient air quality in the territory of the State;
(b) approving, or causing to be approved, such ambient air quality measuring devices (including but not limited to methods, equipment, networks and laboratories) as are deemed necessary by the Agency for the implementation of the Directive;
(c) ensuring, or causing to be ensured, the accuracy of the measurement by measuring devices and checking, or causing to be checked, the maintenance of such accuracy by those devices, in particular by internal quality controls carried out in accordance, inter alia, with the requirements of European quality assurance standards;
(d) the analysis of assessment methods;
(e) co-ordination within the State of Community-wide quality assurance programmes organised by the Commission of the European Communities; and
(f) co-operation with the other Member States and the Commission.
(2) Where relevant the Agency shall comply with the quality assurance for ambient air quality assessment requirements set out in Schedule 1.
(3) Where a local authority is monitoring, or proposes to monitor, any pollutant within the scope of these Regulations, it shall consult with the Agency as regards the arrangements to satisfy the monitoring requirements under these Regulations.
(4) For the purpose of ensuring compliance with these Regulations the Agency may give instruction to a local authority in relation to monitoring, reporting and the implementation of measures necessary for effective pollution control and preservation of best ambient air quality.
Zones
6. (1) The Agency shall establish zones and agglomerations throughout the territory of the State for the purpose of air quality assessment and air quality management.
(2) The Agency must review the classification of zones at least every five years, and must do so more frequently than every five years if there are significant changes in the activities which may affect levels of pollutants in ambient air.
(3) Exceedances of upper and lower assessment thresholds shall be determined on the basis of concentrations during the previous five years where sufficient data are available. An assessment threshold shall be deemed to have been exceeded if it has been exceeded during at least three separate years out of those previous five years.
(4) Where fewer than five years’ data are available, the Agency may combine measurement campaigns of short duration during the period of the year and at locations likely to be typical of the highest pollution levels with results obtained from information from emission inventories and modelling to determine exceedances of the upper and lower assessment thresholds.
(5) Where measurements are supplemented by modelling or indicative measurement then the Agency must take account of the results of those supplementary methods in assessing ambient air quality for the purposes of these Regulations.
Assessment of ambient air quality in relation to sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide
Assessment thresholds
7. (1) The upper and lower assessment thresholds specified in Schedule 2, shall apply to sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide.
(2) The Agency shall classify each zone according to whether or not the upper or lower assessment thresholds have been exceeded.
(3) The alert threshold for concentrations of sulphur dioxide and nitrogen dioxide in ambient air shall be that specified in Schedule 12.
Assessment criteria
8. (1) The Agency must assess the level of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide in ambient air in all zones.
(2) In all zones where the level of those pollutants exceeds the upper assessment threshold referred to in Regulation 7(1), fixed measurements must be used, but may be supplemented by modelling or indicative measurements or both in order to provide adequate information on the spatial distribution of the ambient air quality.
(3) In all zones where the level of those pollutants is below the lower assessment threshold referred to in Regulation 7(1), modelling or estimation techniques or both may be used instead of measurement.
(4) In all other zones a combination of fixed measurements together with modelling or indicative measurements or both may be used.
(5) The Agency must measure PM2.5 at a rural background location away from significant sources of air pollution, in order to provide information on an annual average basis on the total mass concentration and chemical speciation concentrations of that pollutant in line, where appropriate, with the following criteria:
(a) monitoring shall be coordinated with the monitoring strategy and measurement programme of the Cooperative Programme for Monitoring and Evaluation of the Long-range Transmission of Air Pollutants in Europe (EMEP); and
(b) measurements for determining the total mass concentration must be carried out in accordance with the criteria set out in sections A and C of Schedule 1 and 4.
(6) The Agency shall inform the Commission of the measurement methods used in the measurement of the chemical composition of PM2.5.
(7) Measurements must be taken in accordance with the reference measurement methods specified in Section A and Section C of Schedule 6.
(8) Alternative methods to those referred to in Regulation 8.7 may be used provided the conditions set out in Section B of Schedule 6 are complied with.
Location and number of sampling points
9. (1) The Agency shall determine the location of sampling points for the measurement of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide in ambient air in accordance with the criteria specified in Schedule 3.
(2) In zones where fixed measurement is the sole source of information for the assessment of air quality, the number of sampling points must be more than or equal to the minimum number specified in Section A of Schedule 5 for the purpose of assessing compliance with limit values and alert thresholds.
(3) In zones other than agglomerations where fixed measurement is the sole source of information for the assessment of air quality, the number of sampling points must be more than or equal to the minimum number specified in Section C of Schedule 5 for the purpose of assessing compliance with critical levels for the protection of vegetation.
(4) In zones where the information from fixed measurement is supplemented by information from modelling or indicative measurement or both, the number of sampling points in either Section A or C of Schedule 5 may be reduced by up to 50% provided that the following conditions are met:
(a) the supplementary methods provide sufficient information for the assessment of air quality in relation to limit values or alert thresholds;
(b) the supplementary methods provide sufficient information to inform the public as to the state of ambient air quality, and
(c) the number of sampling points to be installed and the spatial resolution of other techniques are sufficient for the concentration of the relevant pollutant to be established in accordance with the data quality objectives specified in Section A of Schedule 5 and enable assessment results to meet the criteria in Section B of the same Schedule.
Measures to ensure compliance and to maintain good air quality
10. (1) The Agency shall identify those areas, consisting of zones or agglomerations in whole or in part, where the levels of pollutants in ambient air are below the limit values for the protection of human health specified in Schedule 11.
(2) The Agency shall identify those areas, consisting of zones or agglomerations in whole or in part, where the levels of pollutants in ambient air are below the critical levels for the protection of vegetation specified in Schedule 13
(3) The local authority shall, as necessary, in consultation with the Agency:
(a) identify sources of pollutants in ambient air;
(b) notify the levels and the sources of the emissions contributing to the levels to any statutory body or agency, the discharge of whose functions will be or may be affected by the measures specified under paragraph (c); and
(c) specify, in consultation with the statutory body or agency concerned:
(i) the measures necessary to ensure that levels of pollutants are maintained below the respective limit values specified in Schedule 11 and respective critical levels specified in Schedule 13; and
(ii) the dates by which such measures shall be taken.
(4) The Minister, the Agency and the local authority shall take the necessary action to maintain the levels of those pollutants below the limit values and critical levels and shall endeavor to preserve the best ambient air quality, compatible with sustainable development.
11. (1) For the purpose of ensuring compliance with limit values in zones or agglomerations where levels of pollutants in ambient air exceed the respective values specified in Schedules 11 the Agency shall:
(a) identify those areas, consisting of zones or agglomerations in whole or in part, where the levels exceed the limit values specified in Schedule 11;
(b) identify the sources of pollutants contributing to the exceedance;
(c) notify the exceedances and the sources contributing to the exceedances to the relevant local authority in whose functional area each zone or agglomeration or part of a zone or agglomeration or specified source of the emissions exists or any other statutory body or agency, the discharge of whose functions will be or may be affected by the measures specified under paragraph (d);
(d) specify, in consultation with the local authority, statutory body or agency concerned:
(i) all the measures directed in particular at the dominant sources of emissions to ensure that levels do not exceed the limit values specified in Schedule 11; and
(ii) the dates by which such measures shall be taken.
(2) The Minister, the Agency and the local authority shall take the necessary action to ensure that pollutant levels are reduced below the limit values specified in Schedule 11.
12. (1) The agency shall ensure that measures pursuant to Regulations 10 and 11:
(a) shall not, when taken in respect of PM2.5 or ozone, entail disproportionate costs; and
(b) shall in the case of industrial installations covered by Directive 2010/75/EU2 , mean the application of BAT as defined by Article 2(11) of that Directive.
(2) The functions, duties and responsibilities of the Agency and local authorities and other statutory body or agency concerned, shall be coordinated and integrated as appropriate and in so far as possible with plans, programmes and other actions in respect of pollutants which are assessed and managed under other relevant legislation.
Assessment of ambient air quality in relation to ozone
Assessment criteria
13. (1) The Agency shall ensure that fixed measurements are taken in any zone where the concentrations of ozone have exceeded the long-term objectives specified in Schedule 7 during any of the previous five years of measurement.
(2) Where fewer than five years’ data are available, the Agency may, for the purposes of determining whether the longterm objectives referred to in Regulation 13.1 have been exceeded during those five years, combine the results from measurement campaigns of short duration carried out when and where levels are likely to be at their highest, with the results obtained from emission inventories and modelling.
(3) For the purposes of Regulation 13.1 measurements must be taken in accordance with the reference measurement methods specified in point 8 of Section A of Schedule 6.
(4) Alternative methods to those referred to in Regulation 13.2 may be used provided the conditions set out in Section B of Schedule 6 are complied with.
(5) The Agency shall inform the Minister and the Commission of the methods used to sample and measure volatile organic compounds (VOC).
Location and number of sampling points
14. (1) The Agency shall determine the location of sampling points for the measurement of ozone in accordance with the criteria set out in Schedule 8.
(2) In zones where fixed measurement is the sole source of information for the assessment of air quality, the number of sampling points must be more than or equal to the minimum number specified in Section A of Schedule 9.
(3) In zones where the concentrations of ozone have been below the long-term objectives for each of the previous five years of measurement, the number of sampling points must be determined in accordance with the criteria set out in Section B of Schedule 9.
(4) In zones where the information from fixed measurement is supplemented by information from modelling or indicative measurement or both, the number of ozone sampling points may be reduced provided that the following conditions are met—
(a) the supplementary methods provide sufficient information for the assessment of air quality in relation to target values, long-term objectives, information and alert thresholds;
(b) the number of sampling points to be installed and the spatial resolution of supplementary methods are sufficient for the concentration of ozone to be established in accordance with the data quality objectives set out in Section A of Schedule 1 and to enable assessment results to meet the criteria specified in Section B of the same Schedule; and
(c) there is at least one ozone sampling point in each zone.
(d) nitrogen dioxide is measured at all remaining ozone sampling points except at rural background stations.
(5) The Agency must ensure that nitrogen dioxide is continuously measured at no less than 50% of ozone sampling points except at rural background stations as set out in Schedule 9, where other measurement methods may be used.
(6) The Agency shall ensure that concentrations of the ozone precursor substances listed in Schedule 10 are measured at one or more ozone sampling points.
(7) The Agency may choose the location and number of sampling points for measurements of ozone precursor substances taking into account the objectives and methods set out in Schedule 10.
Measures to ensure compliance with ozone target values and to maintain good air quality
15. (1) The Minister, the Agency and the local authority shall take all necessary measures not entailing disproportionate costs to ensure that ozone target values and long-term objectives, as specified in Schedule 7, are attained.
(2) In zones and agglomerations in which a target value for ozone is exceeded the Agency and the local authority, or local authorities as appropriate, shall ensure that the programme prepared pursuant to Article 6 of Council Directive 2001/81/EC on national emission ceilings for certain atmospheric pollutants is implemented in order to attain target values save where not achievable through measures not entailing disproportionate costs.
(3) For zones and agglomerations in which the levels of ozone in ambient air are higher than the long-term objectives but below, or equal to, the target values, the Minister, the Agency and the local authority shall prepare and implement cost-effective measures with the aim of achieving the long-term objectives. Those measures shall, at least, be consistent with all the air quality plans and the programme referred to in Regulation 15(2).
(4) For the purpose of ensuring continued compliance with ozone target values and long-term objectives in zones or agglomerations the Agency shall identify the measures by which such values can be attained and the means by which the best ambient air quality standards may be preserved, insofar as factors including the transboundary nature of ozone pollution and meteorological conditions permit,
(5) The Agency shall advise the relevant local authority, or local authorities as appropriate and any statutory agency or body with relevant functional responsibility of any such measures identified under Regulation 15(4).
(6) The Agency and the local authority, or local authorities as appropriate, shall through proportionate measures promote the preservation of best ambient air quality compatible with sustainable development and a high level of environmental and human health protection
Ambient air quality management
Fine Particulate Matter PM2.5
16. (1) The Agency shall calculate the average exposure indicator (AEI) for PM2.5 for the State for 2011, 2015 and 2020 based on an average annual measurement derived from measurements at all the sampling points in urban background locations averaged over 3 calendar years in accordance with Section A of Schedule 14.
(2) The Agency shall ensure that the distribution of sampling points used for calculating the AEI adequately reflects the exposure of the general population.
(3) The number of sampling points used for calculating the AEI shall be more than or equal to the minimum number specified in Section B of Schedule 5.
(4) For the purpose of ensuring that current concentrations of PM2.5 in ambient air do not exceed 25µg/m3 and that the AEI for 2015 does not exceed the exposure concentration obligation of 20µg/m3 the Agency shall:
(a) identify those areas, consisting of zones or agglomerations in whole or in part, where the levels risk exceedance;
(b) identify the main contributing sources;
(c) notify this information to the relevant local authority in whose functional area each zone or agglomeration or part of a zone or agglomeration or specified source of the emissions exists or any other statutory body or agency, the discharge of whose functions will be or may be affected by the measures specified under paragraph (d);
(d) specify, in consultation with the local authority, statutory body or agency concerned:
(i) all the measures directed in particular at the dominant sources of emissions to ensure that levels do not exceed the specified values; and
(ii) the dates by which such measures shall be taken.
(5) The Minister, the Agency and the local authority shall ensure that the values specified for PM2.5 in regulation 16.4 are not exceeded..
17. (1) The Agency shall establish the national exposure reduction target for PM2.5 in accordance with Section B of Schedule 14.
(2) The Minister, the Agency and the local authority shall take all necessary measures not entailing disproportionate costs to reduce exposure to PM2.5 with a view to attaining the national exposure reduction target established by the Agency.
Alert Thresholds
18. (1) Where any of the information or alert thresholds for pollutants in Schedules 12 are exceeded in relation to the relevant averaging periods set out in that Schedule, the Agency will make such information available to prescribed bodies and ensure that the public are informed by means of radio, television, newspapers or the internet.
(2) The Agency shall communicate to the Minister and the Commission, on a provisional basis, information concerning the levels recorded and the duration of the periods during which the alert threshold or information threshold was exceeded.
Contributions from natural sources
19. (1) The Agency shall transmit to the Commission, for a given year, lists of zones and agglomerations where exceedances of limit values for a given pollutant are attributable to natural sources
(2) The Agency shall provide information on concentrations and sources and the evidence demonstrating that the exceedances are attributable to natural sources.
Exceedances attributable to winter-sanding or —salting of roads
20. (1) The Agency may designate zones or agglomerations within which limit values for PM10 are exceeded in ambient air due to the re-suspension of particulates following winter-sanding or —salting of roads.
(2) The Agency shall send the Commission lists of any such zones or agglomerations together with information on concentrations and sources of PM10 therein.
(3) When informing the Commission the Agency shall provide the necessary evidence to demonstrate that any exceedances are due to re-suspended particulates and that reasonable measures have been taken to lower the concentrations.
(4) In the case of zones and agglomerations referred to in Regulation 20(1), the Agency needs to establish the air quality plan provided for in Regulation 22 only in so far as exceedances are attributable to PM10 sources other than winter-sanding or salting of roads.
Plans, information and reporting
Short-term action plans
21. (1) The Agency shall identify and notify to the relevant local authority or authorities, including, if appropriate, competent authorities in neighbouring zones in the State, those areas, consisting of zones and agglomerations in whole or in part, where the Agency considers measures are likely to be necessary to be taken in the short-term where there is a risk that the levels of pollutants will exceed one or more of the alert thresholds specified in Schedule 12.
(2) Where there is a risk that the alert threshold for ozone specified in Schedule 2 will be exceeded, such identification and notification shall take into account particular local circumstances and be occasioned where the Agency is of the view that there is a significant potential, taking into account national geographical, meteorological and economic conditions, for reducing the risk, or for reducing the duration or severity, of any such exceedance.
(3) Where there is a risk that the alert threshold for ozone will be exceeded, the short-term action plan shall take account of Commission Decision 2004/279/EC3 .
(4) When notified by the Agency or where a local authority or local authorities consider such measures are likely to be necessary, the local authority, or local authorities as appropriate, shall prepare an air pollution short-term action plan indicating the measures to be taken in the short-term to reduce the risk of the alert threshold being exceeded, or the duration or severity of any such exceedance and providing, as appropriate, for measures to control, and, where necessary, reduce or suspend activities, including motor vehicle traffic, which contribute or may contribute to the alert threshold being exceeded.
(5) The Agency may set trigger levels of concentrations of ozone in ambient air, exceedance of which require the preparation of air pollution short-term action plans.
(6) A local authority, or local authorities as appropriate, shall make available free of charge to the public and to any environmental organisation, consumer organisation, organisation representing the interests of sensitive populations and health care body considered relevant by the local authority or local authorities, or which so requests, the results of any investigations and the content of specific air pollution action plans as well as information on the implementation of such plans.
Air quality plans
22. (1) Where, in given zones or agglomerations, the levels of pollutants in ambient air exceed any limit value or target value, plus any relevant margin of tolerance in each case, the Agency shall ensure that air quality plans are established for those zones and agglomerations in order to achieve the related limit value or target value.
(2) For the purpose of Regulation 22(1) the Agency shall:
(a) identify and notify to the relevant local authority or authorities those areas, consisting of zones and agglomerations in whole or in part, where the Agency considers measures are likely to be necessary to ensure compliance with the limit value or values for the relevant pollutant within the time limit specified in the relevant Schedule for that pollutant; and
(b) provide to the local authority or authorities concerned all data relevant to the air quality assessment for the area concerned.
(3) The local authority or authorities so notified shall prepare a clear, comprehensible and accessible air quality plan, or review and revise an existing plan, to ensure compliance with the limit value or values within the time limit specified for the relevant pollutant or pollutants.
(4) Where the attainment date for a limit value has passed, the air quality plan must set out the measures intended to ensure compliance with limit value as soon as possible.
(5) Air quality plans must include the information listed in Schedule 15.
(6) Air quality plans must be communicated to the Minister and the Commission no later than two years after the end of the year the first exceedance was observed.
(7) Where an air quality plan is required in relation to more than one pollutant, the Agency must ensure the plans are integrated in relation to all pollutants concerned.
(8) Wherever possible, air quality plans must be consistent with other plans drawn up in accordance with obligations imposed under Council Directive 2001/80/EC on the limitation of emissions of certain pollutants into the air from large combustion plants4 , Council Directive 2001/81/EC on national emission ceilings for certain atmospheric pollutants5 , and Council Directive 2002/49/EC on assessment and management of environmental noise6 .
Public information
23. (1) The Agency shall take appropriate steps, including the use of the internet, press and other easily accessible media, to ensure that clear and comprehensible information on the ambient air concentrations of pollutants within the scope of these regulations is accessible and is routinely made available to the public and to any appropriate organisations, including environmental organisations, consumer organisations, organisations representing the interests of sensitive populations and other health care organisations considered relevant by the Agency or to any organisation which so requests.
(2) The information referred to in Regulation 23(1) shall be updated and made available as follows:-
(a) for sulphur dioxide, nitrogen dioxide and oxides of nitrogen and particulate matter, on at least a daily basis, and in the case of hourly values for sulphur dioxide and nitrogen dioxide, wherever practicable on an hourly basis;
(b) for carbon monoxide, as a maximum running average over eight hours at least on a daily basis, and where practicable on an hourly basis;
(c) for lead, on a three monthly basis;
(d) for benzene, as an average value over the preceding 12 months, on at least a three-monthly basis; and
(e) for ozone, on at least a daily basis, and wherever appropriate and practicable, on an hourly basis.
(3) The information referred to in Regulation 23(1) shall indicate at least:—
(a) any exceedance of the concentrations in the limit values and alert thresholds, if relevant, over the appropriate averaging period specified in Schedules 11 and 12;
(b) short assessment in relation to the limit values and alert thresholds;
(c) appropriate information regarding effects on health;
(d) forecasting of ambient air quality where practicable; and
(e) details of air quality plans where available.
(4) In cases where either the information threshold or the alert threshold specified in Schedule 12 for nitrogen dioxide, sulphur dioxide or ozone is exceeded the Agency shall inform the bodies prescribed in Schedule 17 and make available the following information to the public as soon as possible:
(a) the location or area where thresholds are exceeded;
(b) the type of threshold exceeded (information or alert threshold);
(c) the time at which the threshold was exceeded and the duration of the incident;
(d) in the case of ozone, the highest 1-hour and 8-hour mean concentration;
(e) information on preventive action to reduce pollution or public exposure to it, including an indication of the main source sectors and recommendations for action to reduce emissions.
(5) The Agency shall consult with the Health Service Executive, Met Éireann and other relevant organisations as appropriate to ensure that information on possible health effects and forecasting further expected exceedances, as specified in Schedule 16, is made available to the public.
(6) Information must be distributed free of charge in a clear and comprehensible manner taking into account the requirements of Council Directive 2007/2/EC on establishing an infrastructure for spatial information in the European Community7 .
Annual reports
24. (1) The Agency shall publish an annual report for all the pollutants for each calendar year no later than 30 September of the following year.
(2) Annual reports must contain the following information—
(a) details of all cases where levels of pollutants have exceeded limit values, target values, long term objectives, information and alert thresholds set out in Schedules 7, 11 and 12 for the relevant averaging periods.
(b) a summary assessment of the effects of the cases referred to in paragraph (a),
(c) lists of any zones and agglomeration where exceedances of limit values for a given pollutant are attributable to natural sources.
Transboundary air pollution
25. (1) The Agency must notify the Minister and the relevant local authority, or local authorities as appropriate, in the event of an alert threshold, limit value or target value plus any relevant margin of tolerance or long-term objective being exceeded due to significant transboundary transport of air pollution or their precursors either:
(a) within the State; or
(b) in another Member State owing to transboundary transport of air pollution originating from within the State
(2) The Agency shall consult with the local authority or local authorities as appropriate as well as the relevant competent authorities in other Member States or third countries as appropriate, as to any remedial action that might be appropriate where it considers that a transboundary air pollution issue under Regulation 25.1 has arisen.
(3) Where a local authority, or local authorities as appropriate, prepare an air pollution short-term action plan under Regulation 21, with proposed measures that will or may impact upon a neighbouring zone or zones in other Member States, or where pollutant concentrations at risk of exceeding the alert threshold are due largely to precursor emissions in other Member States, the local authority, or local authorities as appropriate, shall consult with, and shall send all appropriate information pertaining to the plan to the competent authorities in those Member States with a view to co-operating, where appropriate, in the drawing up of joint short-term action plans.
(4) Where information or alert thresholds are exceeded in locations close to the borders of the State—
(a) the relevant local authority affected must inform the Agency,
(b) the Agency must provide prompt information to the competent authorities in other Member States as appropriate.
Reporting
26. (1) The Agency shall make available to the Minister and the Commission information on ambient air quality for each calendar year by no later than 30 September.
(2) The information referred to in in Regulation 26.1 shall include the following:
(a) the changes made in that year to zones and agglomerations established under Regulation 6;
(b) the list of zones and agglomerations in which the levels of one or more pollutants are higher than the limit values plus the margin of tolerance where applicable or higher than target values or critical levels; and for these zones and agglomerations:
(i) levels assessed and, if relevant, the dates and periods when such levels were observed;
(ii) if appropriate, an assessment on contributions from natural sources and from re-suspension of particulates following winter-sanding or —salting of roads to the levels assessed, as declared to the Commission under Regulations 19 and 20.
Revocations
27. The following are revoked:
(1) The Environmental Protection Agency Act, 1992 (Ambient Air Quality Assessment and Management) Regulations 1999 ( S.I. No. 33 of 1999 ),
(2) The Air Quality Standards Regulations 2002 ( S.I. No. 271 of 2002 ), and
(3) Ozone in Ambient Air Regulations 2004 ( S.I. No. 53 of 2004 ).
/images/ls
GIVEN under the Official Seal of the Minister for the Environment, Heritage and Local Government,
12 April 2011.
PHIL HOGAN,
Minister for the Environment, Heritage and Local Government.
EXPLANATORY NOTE
(This note is not part of the Regulations and does not purport to be a legal interpretation.)
These Regulations implement Directive 2008/50/EC on ambient air quality and cleaner air for Europe (this Directive replaces Council Directive 96/62/EC on ambient air quality assessment and management, Council Directive 1999/30 EC relating to limits for sulphur dioxide, nitrogen dioxide, oxides of nitrogen, particulate matter and lead in ambient air, Council Directive 2000/69/EC relating to limit values for benzene and carbon monoxide in ambient air and Council Directive 2002/3/EC relating to ozone in ambient air.)
The Environmental Protection Agency is the competent authority for the purpose of Directive 2008/50/EC and these Regulations. The Agency is required to send an annual report to the Minister for the Environment, Heritage and Local Government and to the European Commission.
These Regulations also provide for the dissemination of public information, including information on any exceedances of the target values, the reasons for the exceedances, the area(s) in which they occurred and appropriate information regarding effects on health and impact on the environment.
These Regulations replace S.I. No. 33 of 1999 , S.I. No. 271 of 2002 and S.I. No. 53 of 2004 which are revoked.
SCHEDULE 1
A.Data quality objectives for ambient air quality assessment
Sulphur dioxide, nitrogen dioxide and oxides of nitrogen and carbon monoxide
Benzene
Particulate matter (PM10/ PM2.5) andlead
Ozone and related NO and NO2
Fixed measurements
(1)
Uncertainty Minimum data capture
Minimum time coverage:
— urban background and traffic
— industrial sites
15%
90%
_
_
25%
90%
35% (2)
90%
25%
90%
_
_
15%
90% during summer
75% during winter
_
_
Indicative measurements
Uncertainty
Minimum data capture
Minimum time coverage
25%
90%
14% (4)
30%
90%
14% (3)
50%
90%
14% (4)
30%
90%
>10% during summer
Modelling uncertainty:
Hourly
Eight-hour averages
Daily averages
Annual averages
50%
50%
50%
30%
_
_
_
50%
_
_
Not yet defined
50%
50%
50%
_
_
Objective estimation Uncertainty
75%
100%
100%
75%
(1) Member States may apply random measurements instead of continuous measurements for benzene, lead and particulate matter if they can demonstrate to the Commission that the uncertainty, including the uncertainty due to random sampling, meets the quality objective of 25% and the time coverage is still larger than the minimum time coverage for indicative measurements. Random sampling must be evenly distributed over the year in order to avoid skewing of results. The uncertainty due to random sampling may be determined by the procedure laid down in ISO 11222 (2002) ‘Air Quality — Determination of the Uncertainty of the Time Average of Air Quality Measurements’. If random measurements are used to assess the requirements of the PM10 limit value, the 90,4 percentile (to be lower than or equal to 50 µg/m3) should be evaluated instead of the number of exceedances, which is highly influenced by data coverage.
(2) Distributed over the year to be representative of various conditions for climate and traffic.
(3) One day’s measurement a week at random, evenly distributed over the year, or eight weeks evenly distributed over the year.
(4) One measurement a week at random, evenly distributed over the year, or eight weeks evenly distributed over the year.
The uncertainty (expressed at a 95% confidence level) of the assessment methods will be evaluated in accordance with the principles of the CEN Guide to the Expression of Uncertainty in Measurement (ENV 13005-1999), the methodology of ISO 5725:1994 and the guidance provided in the CEN report ‘Air Quality — Approach to Uncertainty Estimation for Ambient Air Reference Measurement Methods’ (CR 14377:2002E). The percentages for uncertainty in the above table are given for individual measurements averaged over the period considered by the limit value (or target value in the case of ozone), for a 95% confidence interval. The uncertainty for the fixed measurements shall be interpreted as being applicable in the region of the appropriate limit value (or target value in the case of ozone).
The uncertainty for modelling is defined as the maximum deviation of the measured and calculated concentration levels for 90 % of individual monitoring points, over the period considered, by the limit value (or target value in the case of ozone), without taking into account the timing of the events. The uncertainty for modelling shall be interpreted as being applicable in the region of the appropriate limit value (or target value in the case of ozone). The fixed measurements that have to be selected for comparison with modelling results shall be representative of the scale covered by the model.
The uncertainty for objective estimation is defined as the maximum deviation of the measured and calculated concentration levels, over the period considered, by the limit value (or target value in the case of ozone), without taking into account the timing of the events.
The requirements for minimum data capture and time coverage do not include losses of data due to the regular calibration or the normal maintenance of the instrumentation.
B. Results of air quality assessment
The following information shall be compiled for zones or agglomerations within which sources other than measurement are employed to supplement information from measurement or as the sole means of air quality assessment:
— a description of assessment activities carried out,
— the specific methods used, with references to descriptions of the method,
— the sources of data and information,
— a description of results, including uncertainties and, in particular, the extent of any area or, if relevant, the length of road within the zone or agglomeration over which concentrations exceed any limit value, target value or longterm objective plus margin of tolerance, if applicable, and of any area within which concentrations exceed the upper assessment threshold or the lower assessment threshold,
— the population potentially exposed to levels in excess of any limit value for protection of human health.
C. Quality assurance for ambient air quality assessment: data validation
1. To ensure accuracy of measurements and compliance with the data quality objectives laid down in Section A, the appropriate competent authorities and bodies designated pursuant to Article 3 shall ensure the following:
— that all measurements undertaken in relation to the assessment of ambient air quality pursuant to Articles 6 and 9 are traceable in accordance with the requirements set out in Section 5.6.2.2 of the ISO/IEC 17025:2005,
— that institutions operating networks and individual stations have an established quality assurance and quality control system which provides for regular maintenance to assure the accuracy of measuring devices,
— that a quality assurance/quality control process is established for the process of data collection and reporting and that institutions appointed for this task actively participate in the related Community-wide quality assurance programmes,
— that the national laboratories, when appointed by the appropriate competent authority or body designated pursuant to Article 3, that are taking part in Community-wide intercomparisons covering pollutants regulated in this Directive, are accredited according to EN/ISO 17025 by 2010 for the reference methods referred to in Schedule 6. These laboratories shall be involved in the coordination on Member States territory of the Community wide quality assurance programmes to be organised by the Commission and shall also coordinate, on the national level, the appropriate realisation of reference methods and the demonstration of equivalence of nonreference methods.
2. All reported data under Article 27 shall be deemed to be valid except data flagged as provisional.
SCHEDULE 2
Determination of requirements for assessment of concentrations of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10 and PM2.5), lead, benzene and carbon monoxide in ambient air within a zone or agglomeration
A. Upper and lower assessment thresholds
The following upper and lower assessment thresholds will apply:
1. Sulphur dioxide
Health protection
Vegetation protection
Upper assessment threshold
60% of 24-hour limit value (75 µg/m3, not to be exceeded more than 3 times in any calendar year)
60% of winter critical level (12 µg/m3)
Lower assessment threshold
40% of 24-hour limit value (50 µg/m3, not to be exceeded more than three times in any calendar year)
40% of winter critical level (8 µg/m3)
2. Nitrogen dioxide and oxides of nitrogen
Hourly limit value for the protection of human health (NO2)
Annual limit value for the protection of human health (NO2)
Annual critical level for the protection ofvegetation & natural ecosystems (NOx)
Upper assessment threshold
70% of limit value (140 µg/m3, not to be exceeded more than 18 times in any calendar year)
80% of limit value(32 µg/m3)
80% of critical level(24 µg/m3)
Lower assessment threshold
50% of limit value (100 µg/m3, not to be exceeded more than 18 times in any calendar year)
65% of limit value(26 µg/m3)
65% of critical level(19,5 µg/m3)
3. Particulate matter — PM10 and PM2.5
24-hour average PM10
Annual average PM10
Annual average PM2.58
Upper assessment threshold
70% of limit value (35 µg/m3, not to be exceeded more than 35 times in any calendar year)
70% of limit value(28 µg/m3)
70% of limit value(17 µg/m3)
Lower assessment threshold
50% of limit value (25 µg/m3, not to be exceeded more than 35 times in any calendar year)
50% of limit value(20 µg/m3)
50% of limit value(12 µg/m3)
8The upper assessment threshold & the lower assessment threshold for PM2.5 do not apply to the measurements to assess compliance with the PM2.5 exposure reduction target for the protection of human health.
4. Lead
Annual average
Upper assessment threshold
70% of limit value (0,35 µg/m3)
Lower assessment threshold
50% of limit value (0,25 µg/m3)
5. Benzene
Annual average
Upper assessment threshold
70% of limit value (3,5 µg/m3)
Lower assessment threshold
40% of limit value (2 µg/m3)
6. Carbon monoxide
Eight-hour average
Upper assessment threshold
70% of limit value (7 mg/m3)
Lower assessment threshold
50% of limit value (5 mg/m3)
B. Determination of exceedances of upper and lower assessment thresholds
Exceedances of upper and lower assessment thresholds shall be determined on the basis of concentrations during the previous five years where sufficient data are available. An assessment threshold shall be deemed to have been exceeded if it has been exceeded during at least three separate years out of those previous five years.
Where fewer than five years’ data are available, Member States may combine measurement campaigns of short duration during the period of the year and at locations likely to be typical of the highest pollution levels with results obtained from information from emission inventories and modelling to determine exceedances of the upper and lower assessment thresholds.
SCHEDULE 3
Assessment of ambient air quality and location of sampling points for the measurement of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10 and PM2.5), lead, benzene and carbon monoxide in ambient air
A. General
Ambient air quality shall be assessed in all zones and agglomerations in accordance with the following criteria:
1. Ambient air quality shall be assessed at all locations except those listed in paragraph 2, in accordance with the criteria established by Sections B and C for the location of sampling points for fixed measurement. The principles established by Sections B and C shall also apply in so far as they are relevant in identifying the specific locations in which concentration of the relevant pollutants are established where ambient air quality is assessed by indicative measurement or modelling.
2. Compliance with the limit values directed at the protection of human health shall not be assessed at the following locations:
(a) any locations situated within areas where members of the public do not have access and there is no fixed habitation;
(b) in accordance with Article 2(1), on factory premises or at industrial installations to which all relevant provisions concerning health and safety at work apply;
(c) on the carriageway of roads; and on the central reservations of roads except where there is normally pedestrian access to the central reservation.
B. Macroscale siting of sampling points
1. Protection of human health
(a) Sampling points directed at the protection of human health shall be sited in such a way as to provide data on the following:
— the areas within zones and agglomerations where the highest concentrations occur to which the population is likely to be directly or indirectly exposed for a period which is significant in relation to the averaging period of the limit value(s),
— levels in other areas within the zones and agglomerations which are representative of the exposure of the general population,
(b) Sampling points shall in general be sited in such a way as to avoid measuring very small micro-environments in their immediate vicinity, which means that a sampling point must be sited in such a way that the air sampled is representative of air quality for a street segment no less than 100 m length at traffic-orientated sites and at least 250 m x 250 m at industrial sites, where feasible;
(c) Urban background locations shall be located so that their pollution level is influenced by the integrated contribution from all sources upwind of the station. The pollution level should not be dominated by a single source unless such a situation is typical for a larger urban area. Those sampling points shall, as a general rule, be representative for several square kilometres;
(d) Where the objective is to assess rural background levels, the sampling point shall not be influenced by agglomerations or industrial sites in its vicinity, i.e. sites closer than five kilometres;
(e) Where contributions from industrial sources are to be assessed, at least one sampling point shall be installed downwind of the source in the nearest residential area. Where the background concentration is not known, an additional sampling point shall be situated within the main wind direction;
(f) Sampling points shall, where possible, also be representative of similar locations not in their immediate vicinity;
(g) Account shall be taken of the need to locate sampling points on islands where that is necessary for the protection of human health.
2. Protection of vegetation and natural ecosystems
Sampling points targeted at the protection of vegetation and natural ecosystems shall be sited more than 20 km away from agglomerations or more than 5 km away from other built-up areas, industrial installations or motorways or major roads with traffic counts of more than 50,000 vehicles per day, which means that a sampling point must be sited in
such a way that the air sampled is representative of air quality in a surrounding area of at least 1,000 km2. A Member State may provide for a sampling point to be sited at a lesser distance or to be representative of air quality in a less extended area, taking account of geographical conditions or of the opportunities to protect particularly vulnerable areas.
Account shall be taken of the need to assess air quality on islands.
C. Microscale siting of sampling points
In so far as is practicable, the following shall apply:
— the flow around the inlet sampling probe shall be unrestricted (free in an arc of at least 270°) without any obstructions affecting the airflow in the vicinity of the sampler (normally some metres away from buildings, balconies, trees and other obstacles and at least 0,5 m from the nearest building in the case of sampling points representing air quality at the building line),
— in general, the inlet sampling point shall be between 1,5 m (the breathing zone) and 4 m above the ground. Higher positions (up to 8 m) may be necessary in some circumstances. Higher siting may also be appropriate if the station is representative of a large area,
— the inlet probe shall not be positioned in the immediate vicinity of sources in order to avoid the direct intake of emissions unmixed with ambient air,
— the sampler’s exhaust outlet shall be positioned so that recirculation of exhaust air to the sampler inlet is avoided,
— for all pollutants, traffic-orientated sampling probes shall be at least 25 m from the edge of major junctions and no more than 10 m from the kerbside.,
The following factors may also be taken into account:
— interfering sources,
— security,
— access,
— availability of electrical power and telephone communications,
— visibility of the site in relation to its surroundings,
— safety of the public and operators,
— the desirability of co-locating sampling points for different pollutants,
— planning requirements.,
D. Documentation and review of site selection
The site-selection procedures shall be fully documented at the classification stage by such means as compass-point photographs of the surrounding area and a detailed map. Sites shall be reviewed at regular intervals with repeated documentation to ensure that selection criteria remain valid over time.
SCHEDULE 4
MEASUREMENTS AT RURAL BACKGROUND LOCATIONS IRRESPECTIVE OF CONCENTRATION
A. Objectives
The main objectives of such measurements are to ensure that adequate information is made available on levels in the background. This information is essential to judge the enhanced levels in more polluted areas (such as urban background, industry related locations, traffic related locations), assess the possible contribution from long-range transport of air pollutants, support source apportionment analysis and for the understanding of specific pollutants such as particulate matter. It is also essential for the increased use of modelling also in urban areas.
B. Substances
Measurement of PM2.5 must include at least the total mass concentration and concentrations of appropriate compounds to characterise its chemical composition. At least the list of chemical species given below shall be included.
SO42-
Na+
NH4+
Ca2+
Element carbon (EC)
NO3-
K+
Cl-
Mg2+
Organic carbon (OC)
C. Siting
Measurements should be taken in particular in rural background areas in accordance with parts A, B and C of Schedule 3.
SCHEDULE 5
Criteria for determining minimum numbers of sampling points for fixed measurement of concentrations of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10, PM2.5), lead, benzene and carbon monoxide in ambient air
A. Minimum number of sampling points for fixed measurement to assess compliance with limit values for the protection of human health and alert thresholds in zones and agglomerations where fixed measurement is the sole source of information
1. Diffuse sources
Population of agglomeration or zone (thousands)
If maximum concentrations exceed the upper assessment threshold (1)
If maximum concentrations are between the upper and lower assessment thresholds
Pollutants except PM
PM (2) (sum of PM10 and PM2.5)
Pollutants except PM
PM (2) (sum of PM10 and PM2.5)
0-249
1
2
1
1
250-499
2
3
1
2
500-749
2
3
1
2
750-999
3
4
1
2
1,000-1,499
4
6
2
3
1,500-1,999
5
7
2
3
2,000-2,749
6
8
3
4
2,750-3,749
7
10
3
4
3,750-4,749
8
11
3
6
4,750-5,999
9
13
4
6
≥6,000
10
15
4
7
(1) For nitrogen dioxide, particulate matter, benzene and carbon monoxide: to include at least one urban background monitoring station and one traffic-orientated station provided this does not increase the number of sampling points. For these pollutants, the total number of urban-background stations and the total number of traffic oriented stations in a Member State required under Section A(1) shall not differ by more than a factor of 2. Sampling points with exceedances of the limit value for PM10 within the last three years shall be maintained, unless a relocation is necessary owing to special circumstances, in particular spatial development.
(2) Where PM2.5 and PM10 are measured in accordance with Article 8 at the same monitoring station, these shall count as two separate sampling points. The total number of PM2.5 and PM10 sampling points in a Member State required under Section A(1) shall not differ by more than a factor of 2, and the number of PM2.5 sampling points in the urban background of agglomerations and urban areas shall meet the requirements under Section B of Schedule 5.
2. Point sources
For the assessment of pollution in the vicinity of point sources, the number of sampling points for fixed measurement shall be calculated taking into account emission densities, the likely distribution patterns of ambient-air pollution and the potential exposure of the population.
B. Minimum number of sampling points for fixed measurement to assess compliance
with the PM2.5 exposure reduction target for the protection of human health
One sampling point per million inhabitants summed over agglomerations and additional urban areas in excess of 100,000 inhabitants shall be operated for this purpose. Those sampling points may coincide with sampling points under Section A.
C. Minimum number of sampling points for fixed measurements to assess compliance with critical levels for the protection of vegetation in zones other than agglomerations
If maximum concentrations exceed the upper assessment threshold
If maximum concentrations are between upper and lower assessment threshold
1 station every 20,000 km2
1 station every 40,000 km2
In island zones the number of sampling points for fixed measurement should be calculated taking into account the likely distribution patterns of ambient-air pollution and the potential exposure of vegetation.
SCHEDULE 6
Reference methods for assessment of concentrations of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10 and PM2.5), lead, benzene, carbon monoxide, and ozone
A. Reference measurement methods
1. Reference method for the measurement of sulphur dioxide
The reference method for the measurement of sulphur dioxide is that described in EN 14212:2005 ‘Ambient air quality
— Standard method for the measurement of the concentration of sulphur dioxide by ultraviolet fluorescence’.
2. Reference method for the measurement of nitrogen dioxide and oxides of nitrogen
The reference method for the measurement of nitrogen dioxide and oxides of nitrogen is that described in EN 14211:2005 ‘Ambient air quality — Standard method for the measurement of the concentration of nitrogen dioxide and nitrogen monoxide by chemiluminescence’.
3. Reference method for the sampling and measurement of lead
The reference method for the sampling of lead is that described in Section A(4) of this Schedule. The reference method for the measurement of lead is that described in EN 14902:2005 ‘Standard method for measurement of Pb/Cd/As/Ni in the PM10 fraction of suspended particulate matter’.
4. Reference method for the sampling and measurement of PM10
The reference method for the sampling and measurement of PM10 is that described in EN 12341:1999 ‘Air Quality — Determination of the PM10 fraction of suspended particulate matter — Reference method and field test procedure to demonstrate reference equivalence of measurement methods’.
5. Reference method for the sampling and measurement of PM2.5
The reference method for the sampling and measurement of PM2.5 is that described in EN 14907:2005 ‘Standard gravimetric measurement method for the determination of the PM2.5 mass fraction of suspended particulate matter’.
6. Reference method for the sampling and measurement of benzene
The reference method for the measurement of benzene is that described in EN 14662:2005, parts 1, 2 and 3 ‘Ambient air quality — Standard method for measurement of benzene concentrations’.
7. Reference method for the measurement of carbon monoxide
The reference method for the measurement of carbon monoxide is that described in EN 14626:2005 ‘Ambient air quality — Standard method for the measurement of the concentration of carbon monoxide by non-dispersive infrared spectroscopy’.
8. Reference method for measurement of ozone
The reference method for the measurement of ozone is that described in EN 14625:2005 ‘Ambient air quality — Standard method for the measurement of the concentration of ozone by ultraviolet photometry’.
B. Demonstration of equivalence
1. A Member State may use any other method which it can demonstrate gives results equivalent to any of the methods referred to in Section A or, in the case of particulate matter, any other method which the Member State concerned can demonstrate displays a consistent relationship to the reference method. In that event the results achieved by that method must be corrected to produce results equivalent to those that would have been achieved by using the reference method.
2. The Commission may require the Member States to prepare and submit a report on the demonstration of equivalence in accordance with paragraph 1.
3. When assessing the acceptability of the report mentioned in paragraph 2, the Commission will make reference to its guidance on the demonstration of equivalence (to be published). Where Member States have been using interim factors to approximate equivalence, the latter shall be confirmed and/or amended with reference to the Commission’s guidance.
4. Member States should ensure that whenever appropriate, the correction is also applied retroactively to past measurement data in order to achieve better data comparability.
C. Standardisation
For gaseous pollutants the volume must be standardised at a temperature of 293 K and an atmospheric pressure of 101,3 kPa. For particulate matter and substances to be analysed in particulate matter (e.g. lead) the sampling volume refers to ambient conditions in terms of temperature and atmospheric pressure at the date of measurements.
D. Introduction of new equipment
All new equipment purchased for implementation of this Directive must comply with the reference method or equivalent by 11 June 2010.
All equipment used in fixed measurements must comply with the reference method or equivalent by 11 June 2013.
E. Mutual recognition of data
In carrying out the type approval to demonstrate that equipment meets the performance requirements of the reference methods listed in Section A, competent authorities and bodies designated pursuant to Schedule 3 shall accept test reports issued in other Member States by laboratories accredited to EN ISO 17025 for carrying out such testing.
SCHEDULE 7
OZONE TARGET VALUES AND LONG-TERM OBJECTIVES
A. Definitions and criteria
1. Definitions
AOT40 (expressed in (µg/m3) • hours) means the sum of the difference between hourly concentrations greater than 80 µg/m3 (= 40 parts per billion) and 80 µg/m3 over a given period using only the one-hour values measured between 8.00 and 20.00 Central European Time (CET) each day.
2. Criteria
The following criteria shall be used for checking validity when aggregating data and calculating statistical parameters:
Parameter
Required proportion of valid data
One hour values
75% (i.e. 45 minutes)
Eight hours values
75% of values (i.e. six hours)
Maximum daily 8 hours mean from hourly running 8 hours
75% of the hourly running eight hours averages (i.e. 18 eight-hourly averages per day)
AOT40
90% of the one hour values over the time period defined for calculating the AOT40 value (1)
Annual mean
75% of the one hour values over summer (April to September) and 75 % over winter (January to March, October to December) seasons separately
Number of exceedances and maximum values per month
90% of the daily maximum eight hours mean values (27 available daily values per month)
90 % of the one hour values between 8.00 and 20.00 CET
Number of exceedances and maximum values per year
five out of six months over the summer season (April to September)
(1) In cases where all possible measured data are not available, the following factor shall be used to calculate AOT40 values:
/images/en.si.2011.0180.0001.jpg
(*) being the number of hours within the time period of AOT40 definition, (i.e. 08:00 to 20:00 CET from 1 May to 31 July each year, for vegetation protection and from 1 April to 30 September each year for forest protection).
B. Target Values
Objective
Averaging period
Target value
Date by which target value should be met (1)
Protection of humanhealth
Maximum dailyeight-hour mean (2)
120 µg/m3 not to be exceeded on more than 25 days per calendar year averaged over three years (3)
1. 1.2010
Protection ofvegetation
May to July
AOT40 (calculated from 1 h values) 18 000 µg/m3 • h averaged over five years (3)
1.1.2010
(1) Compliance with target values will be assessed as of this date. That is, 2010 will be the first year the data for which is used in calculating compliance over the following three or five years, as appropriate.
(2) The maximum daily eight-hour mean concentration shall be selected by examining eight-hour running averages, calculated from hourly data and updated each hour. Each eight —hour average so calculated shall be assigned to the day on which it ends. i.e. the first calculation period for any one day will be the period from 17:00 on the previous day to 01:00 on that day; the last calculation period for any one day will be the period from 16:00 to 24:00 on the day.
(3) If the three or five year averages cannot be determined on the basis of a full and consecutive set of annual data, the minimum annual data required for checking compliance with the target values will be as follows:
— for the target value for the protection of human health: valid data for one year,
— for the target value for the protection of vegetation: valid data for three years.
C. Long-term objectives
Objective
Averaging period
Longterm objective
Date by whichthe longterm objective should be met
Protection of humanhealth
Maximum daily eight-hour mean within a calendar year
120 µg/m3
not defined
Protection ofvegetation
May to July
AOT40 (calculated from 1 h values)6 000 µg/m3 • h
not defined
SCHEDULE 8
Criteria for classifying and locating sampling points for assessments of ozone concentrations
The following apply to fixed measurements:
Macroscale siting
Type of station
Objectives of measurement
Representativeness(1)
Macroscale siting criteria
Urban
Protection of human health: to assess the exposure of the urban population to ozone, i.e. where population density and ozone concentration are relatively high and representative of the exposure of the general population
A few km2
Away from the influence of local emissions such as traffic, petrol stations, etc.; vented locations where well mixed levels can be measured; locations such as residential and commercial areas of cities, parks (away from the trees), big streets or squares with very little or no traffic, open areas characteristic of educational, sports or recreation facilities
Suburban
Protection of human health and vegetation: to assess the exposure of the population and vegetation located in the outskirts of the agglomeration, where the highest ozone levels, to which the population and vegetation are likely to be directly or indirectly exposed occur
Some tens of km2
At a certain distance from the area of maximum emissions, downwind following the main wind direction/directions during conditions favourable to ozone formation; where population, sensitive crops or natural ecosystems located in the outer fringe of an agglomeration are exposed to high ozone levels; where appropriate, some suburban stations also upwind of the area of maximum emissions, in order to determine the regional background levels of ozone
Rural
Protection of human health and vegetation: to assess the exposure of population, crops and natural ecosystems to sub-regional scale ozone concentrations
Sub-regionallevels(somehundredsof km2)
Stations can be located in small settlements and/or areas with natural ecosystems, forests or crops; representative for ozone away from the influence of immediate local emissions such as industrial installations and roads; at open area sites, but not on summits of higher mountains
Ruralbackground
Protection of vegetation and human health: to assess the exposure of crops and natural ecosystems to regional-scale ozone concentrations as well as exposure of the population
Regional/national/continentallevels(1 000 to10 000 km2)
Station located in areas with lower population density, e.g. with natural ecosystems, forests, at a distance of at least 20 km from urban and industrial areas and away from local emissions; avoid locations which are subject to locally enhanced formation of ground-near inversion conditions, also summits of higher mountains; coastal sites with pronounced diurnal wind cycles of local character are not recommended.
(1) Sampling points should, where possible, be representative of similar locations not in their immediate vicinity.
For rural and rural background stations the location shall, where appropriate, be coordinated with the monitoring requirements of Commission Regulation (EC) No 1737/2006 of 7 November 2006 laying down detailed rules for the implementation of Regulation (EC) No 2152/2003 of the European Parliament and of the Council concerning monitoring of forests and environmental interactions in the Community (1).
B. Microscale siting
In so far as is practicable the procedure on microscale siting in Section C of Schedule 3 shall be followed, ensuring also that the inlet probe is positioned well away from such sources as furnaces and incineration flues and more than 10 m from the nearest road, with distance increasing as a function of traffic intensity.
C. Documentation and review of site selection
The procedures in Section D of Schedule 3 shall be followed, applying proper screening and interpretation of the monitoring data in the context of the meteorological and photochemical processes affecting the ozone concentrations measured at the respective sites.
SCHEDULE 9
Criteria for determining the minimum number of sampling points for fixed measurement of concentrations of ozone
A. Minimum number of sampling points for fixed continuous measurements to assess compliance with target values, long-term objectives and information and alert thresholds where such measurements are the sole source of information
Population (x 1 000)
Agglomerations (urban and suburban) (1)
Other zones (suburban and rural) (1)
Rural background
<250
1
1 station/50,000 km2 as an average density over all zones per country (2)
<500
1
2
<1000
2
2
<1500
3
3
<2000
3
4
<2750
4
5
<3750
5
6
<3750
One additional station per2 million inhabitants
One additional station per2 million inhabitants
(1) At least 1 station in suburban areas, where the highest exposure of the population is likely to occur. In agglomerations at least 50 % of the stations shall be located in suburban areas.
(2) 1 station per 25,000 km2 for complex terrain is recommended.
B. Minimum number of sampling points for fixed measurements for zones and agglomerations attaining the longterm objectives
The number of sampling points for ozone shall, in combination with other means of supplementary assessment such as air quality modelling and collocated nitrogen dioxide measurements, be sufficient to examine the trend of ozone pollution and check compliance with the long-term objectives. The number of stations located in agglomerations and other zones may be reduced to one-third of the number specified in Section A. Where information from fixed measurement stations is the sole source of information, at least one monitoring station shall be kept. If, in zones where there is supplementary assessment, the result of this is that a zone has no remaining station, coordination with the number of stations in neighbouring zones shall ensure adequate assessment of ozone concentrations against long-term objectives. The number of rural background stations shall be one per 100,000 km2.
SCHEDULE 10
MEASUREMENTS OF OZONE PRECURSOR SUBSTANCES
A. Objectives
The main objectives of such measurements are to analyse any trend in ozone precursors, to check the efficiency of emission reduction strategies, to check the consistency of emission inventories and to help attribute emission sources to observed pollution concentrations.
An additional aim is to support the understanding of ozone formation and precursor dispersion processes, as well as the application of photochemical models.
B. Substances
Measurement of ozone precursor substances shall include at least nitrogen oxides (NO and NO2), and appropriate volatile organic compounds (VOC). A list of volatile organic compounds recommended for measurement is given below:
1-Butene
Isoprene
Ethyl benzene
Ethane
Trans-2-Butene
n-Hexane
m + p-Xylene
Ethylene
cis-2-Butene
i-Hexane
o-Xylene
Acetylene
1,3-Butadiene
n-Heptane
1,2,4-Trimethylebenzene
Propane
n-Pentane
n-Octane
1,2,3-Trimethylebenzene
Propene
i-Pentene
I-Octane
1,3,5-Trimethylebenzene
n-Butane
1-Pentene
Benzene
Formaldehyde
i-Butane
2-Pentene
Toluene
Total non-methane hydrocarbons
C. Siting
Measurements shall be taken in particular in urban or suburban areas at any monitoring site set up in accordance with the requirements of this Directive and considered appropriate with regard to the monitoring objectives referred to in Section A.
SCHEDULE 11
LIMIT VALUES FOR THE PROTECTION OF HUMAN HEALTH
A. Criteria
Without prejudice to Schedule 1, the following criteria shall be used for checking validity when aggregating data and calculating statistical parameters:
Parameter
Required proportion of valid data
One hour values
75% (i.e. 45 minutes)
Eight hours values
75% of values (i.e. 6 hours)
Maximum daily 8 hours mean
75% of the hourly running eight hours averages(i.e. 18 eight-hourly averages per day)
24-hour values
75% of hourly averages(i.e. at least 18 hour values)
Annual mean
90% (1) of the one hour values or (if not available) 24-hour values over the year
(1) The requirements for the calculation of annual mean do not include losses of data due to the regular calibration or the normal maintenance of the instrumentation.
Averaging Period
Limit value
Margin of tolerance
Date by which limit value is to be met
Sulphur dioxide
One hour
350 µg/m3, not to be exceeded more than 24 times a calendar year
150 µg/m3 (43 %)
— (1)
One day
125 µg/m3, not to be exceeded more than 3 times a calendar year
None
— (1)
Nitrogen Dioxide
One hour
200 µg/m3, not to be exceeded more than 18 times a calendar year
50% on 19 July 1999, decreasing on 1 January 2001 and every 12 months thereafter by equal annual percentages to reach 0 % by 1 January 2010
1 January 2010
Calendar year
40 µg/m3
50% on 19 July 1999, decreasing on 1 January 2001 and every 12 months thereafter by equal annual percentages to reach 0 % by 1 January 2010
1 January 2010
Averaging Period
Limit value
Margin of tolerance
Date by which limit value is to be met
Benzene
Calendar year
5 µg/m3
5 µg/m3 (100 %) on 13 December 2000, decreasing on 1 January 2006 and every 12 months thereafter by 1 g/m3 to reach 0 % by 1 January 2010
1 January 2010
Carbon monoxide
maximum daily eight hour mean (2)
10 mg/m3
60 %
— (1)
Lead
Calendar year
0,5 µg/m3 (3)
100 %
— (3)
PM10
One day
50 µg/m3, not to be exceeded more than 35 times a calendar year
50%
— (1)
Calendar year
40 µg/m3
20%
— (1)
(1) Already in force since 1 January 2005
(2) The maximum daily eight hour mean concentration will be selected by examining eight hour running averages, calculated from hourly data and updated each hour. Each eight hour average so calculated will be assigned to the day on which it ends i.e. the first calculation period for any one day will be the period from 17:00 on the previous day to 01:00 on that day; the last calculation period for any one day will be the period from 16:00 to 24:00 on that day.
(3) Already in force since 1 January 2005. Limit value to be met only by 1 January 2010 in the immediate vicinity of the specific industrial sources situated on sites contaminated by decades of industrial activities. In such cases, the limit value until 1 January 2010 will be 1,0 µg/m3. The area in which higher limit values apply must not extend further than 1,000 m from such specific sources.
SCHEDULE 12
INFORMATION AND ALERT THRESHOLDS
A. Alert thresholds for pollutants other than ozone
To be measured over three consecutive hours at locations representative of air quality over at least 100 km2 or an entire zone or agglomeration, whichever is the smaller.
Pollutant
Alert threshold
Sulphur dioxide
500 µg/m3
Nitrogen dioxide
400 µg/m3
B. Information and alert thresholds for ozone
Purpose
Averaging period
Threshold
Information
1 hour
180 µg/m3
Alert
1 hour (1)
240 µg/m3
(1) For the implementation of Article 24, the exceedance of the threshold is to be measured or predicted for three consecutive hours.
SCHEDULE 13
CRITICAL LEVELS FOR THE PROTECTION OF VEGETATION
Averaging period
Critical level
Margin of tolerance
Sulphur dioxide
Calendar year and winter(1 October to 31 March)
20 µg/m3
None
Oxides of nitrogen
Calendar year
30 µg/m3 NOx
None
SCHEDULE 14
NATIONAL EXPOSURE REDUCTION TARGET, TARGET VALUE AND LIMIT VALUE FOR PM2.5
A. Average exposure indicator
The Average Exposure Indicator expressed in µg/m3 (AEI) shall be based upon measurements in urban background locations in zones and agglomerations throughout the territory of a Member State. It should be assessed as a three-calendar year running annual mean concentration averaged over all sampling points established pursuant to Section B of Schedule 5. The AEI for the reference year 2010 shall be the mean concentration of the years 2008, 2009 and 2010.
However, where data are not available for 2008, Member States may use the mean concentration of the years 2009 and 2010 or the mean concentration of the years 2009, 2010 and 2011. Member States making use of these possibilities shall communicate their decisions to the Commission by 11 September 2008.
The AEI for the year 2020 shall be the three-year running mean concentration averaged over all those sampling points for the years 2018, 2019 and 2020. The AEI is used for the examination whether the national exposure reduction target is met.
The AEI for the year 2015 shall be the three-year running mean concentration averaged over all those sampling points for the years 2013, 2014 and 2015. The AEI is used for the examination whether the exposure concentration obligation is met.
B. National exposure reduction target
Exposure reduction target relative to the AEI in 2010
Year by which the exposure reduction target should be met
Initial concentration in µg/m3
Reduction target in percent
2020
<8,5 = 8,5
0%
>8,5 — <13
10%
= 13 — <18
15%
= 18 — <22
20%
≥22
All appropriate measures to achieve 18 µg/m3
Where the AEI in the reference year is 8,5 µg/m3 or less the exposure reduction target shall be zero. The reduction target shall be zero also in cases where the AEI reaches the level of 8,5 µg/m3 at any point of time during the period from 2010 to 2020 and is maintained at or below that level.
C. Exposure concentration obligation
Exposure concentration obligation
Year by which the obligation value is to be met
20 µg/m3
2015
D. Target value
Averaging period
Target value
Date by which target value should be met
Calendar year
25 µg/m3
1 January 2010
E. Limit value
Averaging period
Limit value
Margin of tolerance
Date by which limit value is to be met
STAGE 1
Calendar year
25 µg/m3
20% on 11 June 2008, decreasing on the next 1 January and every 12 months thereafter by equal annual percentages to reach 0% by 1 January 2015
1 January 2015
STAGE 2 (1)
Calendar year
20 µg/m3
1 January 2020
(1) Stage 2 — indicative limit value to be reviewed by the Commission in 2013 in the light of further information on health and environmental effects, technical feasibility and experience of the target value in Member States.
SCHEDULE 15
Information to be included in the local, regional or national air quality plans for improvement in ambient air quality
A. Information to be provided under article 23 (air quality plans)
1. Localisation of excess pollution
(a) region;
(b) city (map);
(c) measuring station (map, geographical coordinates).
2. General information
(a) type of zone (city, industrial or rural area);
(b) estimate of the polluted area (km2) and of the population exposed to the pollution;
(c) useful climatic data;
(d) relevant data on topography;
(e) sufficient information on the type of targets requiring protection in the zone.
3. Responsible authorities
Names and addresses of persons responsible for the development and implementation of improvement plans.
4. Nature and assessment of pollution
(a) concentrations observed over previous years (before the implementation of the improvement measures);
(b) concentrations measured since the beginning of the project;
(c) techniques used for the assessment.
5. Origin of pollution
(a) list of the main emission sources responsible for pollution (map);
(b) total quantity of emissions from these sources (tonnes/year);
(c) information on pollution imported from other regions.
6. Analysis of the situation
(a) details of those factors responsible for the exceedance (e.g. transport, including cross-border transport, formation of secondary pollutants in the atmosphere);
(b) details of possible measures for the improvement of air quality.
7. Details of those measures or projects for improvement which existed prior to 11 June 2008, i.e:
(a) local, regional, national, international measures;
(b) observed effects of these measures.
8. Details of those measures or projects adopted with a view to reducing pollution following the entry into force of this Directive:
(a) listing and description of all the measures set out in the project;
(b) timetable for implementation;
(c) estimate of the improvement of air quality planned and of the expected time required to attain these objectives.
9. Details of the measures or projects planned or being researched for the long term.
10. List of the publications, documents, work, etc., used to supplement information required under this Schedule.
B. Information to be provided under article 22(1)
1. All information as laid down in Section A.
2. Information concerning the status of implementation of the following Directives:
1. Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States on measures to be taken against air pollution by emissions from motor vehicles (1);
2. Directive 94/63/EC of the European Parliament and of the Council of 20 December 1994 on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations (2);
3. Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (3);
4. Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery (4);
5. Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels (5);
6. Council Directive 1999/13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations (6);
7. Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels (7);
8. Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste (8);
9. Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants;
10. Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants;
11. Directive 2004/42/EC of the European Parliament and of the Council of 21 April 2004 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products (9);
12. Directive 2005/33/EC of the European Parliament and of the Council of 6 July 2005 amending Directive 1999/32/EC as regards the sulphur content of marine fuels (10);
13. Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (11);
14. Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services (12).
(1) OJ L 76, 6.4.1970, p. 1. Directive as last amended by Directive 2006/96/EC (OJ L 363, 20.12.2006, p. 81).
(2) OJ L 365, 31.12.1994, p. 24. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).
(3) OJ L 24, 29.1.2008, p. 8.
(4) OJ L 59, 27.2.1998, p. 1. Directive as last amended by Directive 2006/105/EC.
(5) OJ L 350, 28.12.1998, p. 58. Directive as amended by Regulation (EC) No 1882/2003.
(6) OJ L 85, 29.3.1999, p. 1. Directive as last amended by Directive 2004/42/EC of the European Parliament and of the Council (OJ L 143, 30.4.2004, p. 87).
(7) OJ L 121, 11.5.1999, p. 13. Directive as last amended by Directive 2005/33/EC of the European Parliament and of the Council (OJ L 191, 22.7.2005, p. 59).
(8) OJ L 332, 28.12.2000, p. 91.
(9) OJ L 143, 30.4.2004, p. 87.
(10) OJ L 191, 22.7.2005, p. 59.
(11) OJ L 275, 20.10.2005, p. 1. Directive as last amended by Regulation (EC) No 715/2007 (OJ L 171, 29.6.2007, p. 1).
(12) OJ L 114, 27.4.2006, p. 64.
3. Information on all air pollution abatement measures that have been considered at appropriate local, regional or national level for implementation in connection with the attainment of air quality objectives, including:
(a) reduction of emissions from stationary sources by ensuring that polluting small and medium sized stationary combustion sources (including for biomass) are fitted with emission control equipment or replaced;
(b) reduction of emissions from vehicles through retrofitting with emission control equipment. The use of economic
incentives to accelerate take-up should be considered;
(c) procurement by public authorities, in line with the handbook on environmental public procurement, of road
vehicles, fuels and combustion equipment to reduce emissions, including the purchase of:
— new vehicles, including low emission vehicles,
— cleaner vehicle transport services,
— low emission stationary combustion sources,
— low emission fuels for stationary and mobile sources,
(d) measures to limit transport emissions through traffic planning and management (including congestion pricing, differentiated parking fees or other economic incentives; establishing low emission zones);
(e) measures to encourage a shift of transport towards less polluting modes;
(f) ensuring that low emission fuels are used in small, medium and large scale stationary sources and in mobile sources;
(g) measures to reduce air pollution through the permit system under Directive 2008/1/EC, the national plans under Directive 2001/80/EC, and through the use of economic instruments such as taxes, charges or emission trading.
(h) where appropriate, measures to protect the health of children or other sensitive groups.
SCHEDULE 16
PUBLIC INFORMATION
1. Member States shall ensure that up-to-date information on ambient concentrations of the pollutants covered by this Directive is routinely made available to the public.
2. Ambient concentrations provided shall be presented as average values according to the appropriate averaging period as laid down in Schedule 7 and Schedule 11 to 14. The information shall at least indicate any levels exceeding air quality objectives including limit values, target values, alert thresholds, information thresholds or long term objectives of the regulated pollutant. It shall also provide a short assessment in relation to the air quality objectives and appropriate information regarding effects on health, or, where appropriate, vegetation.
3. Information on ambient concentrations of sulphur dioxide, nitrogen dioxide, particulate matter (at least PM10), ozone and carbon monoxide shall be updated on at least a daily basis, and, wherever practicable, information shall be updated on an hourly basis. Information on ambient concentrations of lead and benzene, presented as an average value for the last 12 months, shall be updated on a three-monthly basis, and on a monthly basis, wherever practicable.
4. Member States shall ensure that timely information about actual or predicted exceedances of alert thresholds, and any information threshold is provided to the public. Details supplied shall include at least the following information:
(a) information on observed exceedance(s):
— location or area of the exceedance,
— type of threshold exceeded (information or alert),
— start time and duration of the exceedance,
— highest one hour concentration and in addition highest eight hour mean concentration in the case of ozone;
(b) forecast for the following afternoon/day(s):
— geographical area of expected exceedances of information and/or alert threshold,
— expected changes in pollution (improvement, stabilisation or deterioration), together with the reasons for those changes;
(c) information on the type of population concerned, possible health effects and recommended behaviour:
— information on population groups at risk,
— description of likely symptoms,
— recommended precautions to be taken by the population concerned,
— where to find further information;
(d) information on preventive action to reduce pollution and/or exposure to it: indication of main source sectors; recommendations for action to reduce emissions;
(e) in the case of predicted exceedances, Member State shall take steps to ensure that such details are supplied to the extent practicable.
SCHEDULE 17
PRESCRIBED BODIES
(1) The Minister for Health
(2) The Health Service Executive
(3) Local Authorities
(4) An Bord Pleanála
(5) Cystic Fibrosis Association of Ireland
(6) The Asthma Society of Ireland
(7) Met Éireann
(8) Teagasc
SCHEDULE 18
Zones and Agglomerations
Zones and Agglomerations as set by the Agency at the time these regulations were signed into law. These zones and agglomerations are subject to ongoing review by the Agency in fulfilling its function under Regulation 6.
Agglomeration A — Dublin Conurbation
The Restricted Area of Dublin, as specified in the First Schedule to the Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 to 2003.
Zone B — Cork Conurbation
The Restricted Area of Cork, as specified in the First Schedule to the Air Pollution
Act 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 to 2003.
Zone C — Other Cities and Large Towns
Limerick City comprising the following Electoral Divisions
Abbey A, B, C and D
Ballinacurra A and B
Ballynanty
Castle A, B, C and D
Coolraine
Custom House
Dock A, B, C and D
Farranshone
Galvone A and B
Glentworth A, B and C
Johns A, B and C
Killeely A and B
Market
Prospect A and B
Rathbane
St. Laurence
Shannon A and B
Singland A and B
Ballycummin
Ballysimon
Ballyvarra
Limerick North Rural
Limerick South Rural
Roxborough
Galway City comprising the following Electoral Divisions
Ballybaan
Baile an Bhriotaigh
Bearna
An Caisleán Gearr
Claddagh
Dangan
Eyre Square
An Cnocán Carrach
Lough Atalia
Mionlach
Mervue
Murroogh
Newcastle
Nuns Island
Rahoon
Renmore
Rockbarton
Paróiste San Nicoláis
Salthill
Shantalla
Taylors Hill
Wellpark
Waterford City comprising the following Electoral Divisions:
Ballybeg North and South
Ballybricken West
Ballymaclode
Ballynakill
Ballynaneashagh
Ballytruckle
Bilberry
Centre A and B
Cleaboy
Custom House A and B
Farranshoneen
Ferrybank
Gracedieu
Grange North and South
Grange Upper
Kilbarry
Kingsmeadow
Larchville
Lisduggan
Military Road
Morrissons Avenue East
Morrison’s Avenue West
Morrissons Road
Mount Sion
Newports Square
Newtown
Park
Poleberry
Roanmore
Shortcourse
Slievekeale
The Glen
Ticor North and South
Kilculliheen
Aglish
Drogheda and environs comprising the following Electoral Divisions:
Fair Gate; St. Laurence Gate; West Gate; St. Peters; and St. Marys.
Dundalk and environs comprising the following Electoral Divisions:
Dundalk Urban Nos. 1, 2, 3 and 4; Castletown; Dundalk Rural; and Haggardstown.
Bray and environs comprising the following Electoral Divisions:
Bray Nos. 1, 2, 3 and 4; Rathmichael (Bray); and Kilmacanoge.
Navan and environs comprising the following Electoral Divisions:
Navan Urban and Navan Rural.
Ennis and environs comprising the following Electoral Divisions:
Ennis Nos. 1, 2, 3 and 4 Urban; Clareabbey; Doora; Ennis Rural; and Spancelhill
Tralee and environs comprising the following Electoral Divisions:
Tralee Urban; Blennerville; and Tralee Rural
Kilkenny and environs comprising the following Electoral Divisions:
Kilkenny Nos. 1 and 2 Urban; and Kilkenny Rural.
Carlow and environs comprising the following Electoral Divisions:
Carlow Urban; Graigue Urban; Ballinacarrig; Carlow Rural; and Graigue Rural.
Naas comprising the following Electoral Divisions:
Naas Urban.
Sligo and environs comprising the following Electoral Divisions:
Sligo East, North and West; and Knockaree.
Newbridge and environs comprising the following Electoral Divisions:
Droichead Nua, Droichead Nua (Newbridge) Urban; Droichead Nua, Droichead Nua (Newbridge) Rural; and Morristownbiller.
Mullingar and environs comprising the following Electoral Divisions:
Mullingar North and South Urban; Mullingar Rural; and Castle.
Wexford and environs comprising the following Electoral Divisions:
Wexford Nos. 1, 2 and 3 Urban; and Wexford Rural.
Letterkenny and environs comprising the following Electoral Divisions:
Letterkenny Urban; Ballymacool; Castlewray; Corravaddy; Edenacarnan; Letterkenny Rural; and Magheraboy.
Athlone and environs comprising the following Electoral Divisions:
Athlone East and West Urban; Athlone East Rural; and Moydrum.
Celbridge and environs comprising the following Electoral Divisions:
Celbridge; and Donaghcumper.
Clonmel and environs comprising the following Electoral Divisions:
Clonmel East and West Urban; Clonmel Rural; and Inishlounaght.
Balbriggan and environs comprising the following Electoral Divisions:
Balbriggan Rural; and Balbriggan Urban
Zone D — Rural Ireland
Remainder of the State excluding Agglomeration A, and Zones B and C.
1 O.J. No. L 152 of 11 June 2008
2 O.J. No. L334/17 of 24 November 2010.
3 O.J. No. L 87 of 25 March 2004
4 O.J. No. L 309 of 27 November 2001
5 O.J. No. L 309 of 27 November 2001
6 O.J. No. L 189 of 18 July 2002
7 O.J. No. L 108 of 25 April 2007
8The upper assessment threshold & the lower assessment threshold for PM2.5 do not apply to the measurements to assess compliance with the PM2.5 exposure reduction target for the protection of human health.
S.I. No. 739/2022 –
Ambient Air Quality Standards Regulations 2022
“Iris Oifigiúil” of 10th January, 2023.
I, Eamon Ryan Minister for the Environment, Climate and Communications, 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 Council Directive 2008/50/EC of the European Parliament and of the Council of 21 May 20081 , as amended, hereby make the following regulations:
Citation
1. These Regulations may be cited as the Ambient Air Quality Standards Regulations 2022.
Entry into Force
2. These Regulations shall come into effect on 31 of December 2022.
Definitions
3. (1) In these Regulations—
“Agency” means the Environmental Protection Agency established under section 19 of the Environmental Protection Agency Act 1992 (No. 7 of 1992);
“Commission” means the Commission of the European Communities;
“Department” means the Department of the Environment, Climate and Communications;
“Directive” means Directive 2008/50/EC of the European Parliament and of the Council on ambient air quality and cleaner air for Europe (as amended);
“Local authority” means –
(a) a county council, and
(b) a city council,
within the meaning of the Local Government Act 2001 ;
“Minister” means the Minister for the Environment, Climate and Communications.
(2) A word or expression which is used in these Regulations, and which is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.
Scope
4. These Regulations—
(a) make provisions necessary for the implementation of the Directive;
(b) establish limit values and, as appropriate, alert thresholds for concentrations of certain pollutants in ambient air intended to avoid, prevent or reduce harmful effects on human health and the environment as a whole;
(c) provide for the assessment of concentrations of certain pollutants in ambient air on the basis of methods and criteria common to the Member States of the European Communities;
(d) provide for the obtaining of adequate information on concentrations of certain pollutants in ambient air and ensure that it is made available to the public; and
(e) provide for the maintenance of ambient air quality where it is good and the improvement of ambient air quality in other cases with respect to certain pollutants.
Competent Authority
5. (1) For the purposes of these Regulations and the Directive the Agency is the competent authority responsible for—
(a) assessing ambient air quality in the State;
(b) approving, or causing to be approved, such ambient air quality measuring devices (including but not limited to methods, equipment, networks and laboratories) as are deemed necessary by the Agency for the implementation of the Directive;
(c) ensuring, or causing to be ensured, the accuracy of the measurement by measuring devices and checking, or causing to be checked, the maintenance of such accuracy by those devices, in particular by internal quality controls carried out in accordance, inter alia, with the requirements of European quality assurance standards;
(d) the analysis of assessment methods;
(e) co-ordination within the State of Community-wide quality assurance programmes organised by the Commission; and
(f) co-operation with the other Member States and the Commission.
(2) Where relevant the Agency shall comply with the quality assurance for ambient air quality assessment requirements set out in Section C of Annex I of the Directive
(3) Where a local authority is monitoring, or proposes to monitor, any pollutant within the scope of these Regulations, it shall consult with the Agency as regards the arrangements to satisfy the monitoring requirements under these Regulations.
(4) For the purpose of ensuring compliance with these Regulations the Agency may give instructions to a local authority in relation to monitoring, reporting and the implementation of measures necessary for effective pollution control and preservation of best ambient air quality.
Zones
6. (1) The Agency shall establish zones and agglomerations throughout the territory of the State and notify these to the Minister. Air quality assessment and air quality management shall be carried out in all these zones and agglomerations.
(2) The Agency shall review the classification of zones at least every five years and shall do so more frequently than every five years if there are significant changes in the activities which may affect levels of pollutants in ambient air and notify to the Minister any changes required to the zones, agglomerations or their classification.
Assessment of ambient air quality in relation to sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide
Assessment Regime
7. (1) The upper and lower assessment thresholds specified in Section A of Annex II of the Directive shall apply to sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide. The Agency shall classify each zone in relation to those assessment thresholds.
(2) The classification referred to in paragraph 2 shall be reviewed at least every 5 years in accordance with the procedure laid down in Section B of Annex II of the Directive.
The Agency shall review classifications more frequently in the event of significant changes in activities relevant to the ambient concentrations of sulphur dioxide, nitrogen dioxide or, where relevant, oxides of nitrogen, particulate matter (PM1 0, PM2 ·5), lead, benzene or carbon monoxide.
Assessment criteria
8. (1) The Agency shall assess the level of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide in ambient air in all zones in accordance with the criteria set out in Articles 6(2), 6(3), 6(4) and Annex III of the Directive.
(2) The Agency shall measure fine particulate matter (PM2.5) at a rural background location away from significant sources of air pollution, for the purposes of providing, at a minimum, information on the total mass concentration and chemical speciation concentrations of that pollutant, on an annual average basis, and this shall be conducted using the following criteria—
(a) one sampling point shall be installed every 100,000 km2;
(b) where appropriate, monitoring shall be coordinated with the monitoring strategy and measurement programme of the Cooperative Programme for Monitoring and Evaluation of the Long-range Transmission of Air Pollutants in Europe (EMEP); and
(c) Sections A and C of Annex I of the Directive shall apply in relation to the data quality objectives for mass concentration measurements of particulate matter and Annex IV of the Directive shall apply in its entirety.
(3) The Agency shall inform the Commission of the measurement methods used in the measurement of the chemical composition of PM2.5.
Location and number of sampling points (general)
9. (1) The Agency shall determine the location of sampling points for the measurement of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide in ambient air in accordance with the criteria specified in Annex III of the Directive.
(2) In each zone and agglomeration where fixed measurement is the sole source of information for assessing air quality, the number of sampling points for each relevant pollutant shall not be less than the minimum number of sampling points specified in Section A of Annex V of the Directive.
(3) In zones and agglomerations within which the information from fixed measurement is supplemented by information from modelling or indicative measurement, or both, the number of sampling points specified in Section A of Annex V of the Directive may be reduced by up to 50% provided that the following conditions are met—
(a) the supplementary methods provide sufficient information for the assessment of air quality in relation to limit values or alert thresholds;
(b) the supplementary methods provide adequate information to inform the public as to the state of ambient air quality; and
(c) the number of sampling points to be installed and the spatial resolution of other techniques are sufficient for the concentration of the relevant pollutant to be established in accordance with the data quality objectives specified in Section A of Annex I of the Directive and enable assessment results to meet the criteria in Section B of Annex I of the Directive.
The results of modelling or indicative measurement or both shall be taken into account by the Agency for the assessment of air quality with respect to the limit values.
Reference measurement methods
10. (1) The Agency shall ensure that measurements are taken in accordance with the reference measurement methods specified in Section A and Section C of Annex VI of the Directive.
(2) The Agency shall notify the Minister and the Commission if alternative measurement methods are being used subject to compliance with the conditions set out in Section B of Annex VI of the Directive.
Assessment of ambient air quality in relation to ozone
Assessment criteria
11. (1) The Agency shall ensure that fixed measurements are taken in any zone where the concentrations of ozone have exceeded the long-term objectives specified in Section C of Annex VII of the Directive during any of the previous five years of measurement.
(2) Where fewer than five years’ data are available, the Agency may, for the purposes of determining whether the long-term objectives referred to in paragraph (1) have been exceeded during those five years, combine the results from measurement campaigns of short duration carried out when and where levels are likely to be at their highest, with the results obtained from emission inventories and modelling.
Location and number of ozone sampling points (ozone)
12. (1) The Agency shall determine the location of sampling points for the measurement of ozone in accordance with the criteria set out in Annex VIII of the Directive.
(2) The sampling points for fixed measurements of ozone in each zone or agglomeration within which measurement is the sole source of information for the assessment of air quality shall not be less than the minimum number specified in Section A of Annex IX of the Directive.
(3) For zones and agglomerations within which the information from sampling points for fixed measurement is supplemented by information from modelling or indicative measurement or both, the number of ozone sampling points specified in Section A of Annex IX of the Directive may be reduced provided that the following conditions are met—
(a) the supplementary methods provide sufficient information for the assessment of air quality in relation to target values, long-term objectives, information and alert thresholds;
(b) the number of sampling points to be installed and the spatial resolution of supplementary methods are sufficient for the concentration of ozone to be established in accordance with the data quality objectives set out in Section A of Annex I of the Directive and to enable assessment results to meet the criteria specified in Section B of Annex I;
(c) there is at least one ozone sampling point in each zone and agglomeration;
(d) nitrogen dioxide is measured at all remaining ozone sampling points except at rural background stations as referred to in Section A of Annex VIII.
The results of modelling or indicative measurement or both shall be taken into account by the Agency for the assessment of air quality with respect to the target values for ozone.
(4) The Agency shall ensure that nitrogen dioxide is measured at a minimum of 50% of ozone sampling points required under Section A of Annex IX of the Directive. That measurement shall be continuous except at rural background stations, as referred to in Section A of Annex VIII of the Directive, where other measurement methods may be used.
(5) In zones and agglomerations where the concentrations of ozone have been below the long-term objectives for each of the previous five years of measurement, the number of sampling points shall be determined in accordance with the criteria set out in Section B of Annex IX of the Directive.
(6) The Agency shall ensure that at least one sampling point is installed and operated to supply data on concentrations of the ozone precursor substances listed in Annex X of the Directive. The Agency shall choose the number and location of the stations at which of ozone precursor substances are to be measured taking into account the objectives and methods set out in Annex X of the Directive.
Reference Measurement Methods
13. (1) For the purposes of regulation 11 (1) measurements must be taken in accordance with the reference measurement methods specified in point 8 of Section A of Annex VI of the Directive.
(2) Alternative methods to those referred to in paragraph (1) may be used provided the conditions set out in Section B of Annex VI of the Directive are complied with.
(3) The Agency shall inform the Minister and the Commission of the methods used to sample and measure volatile organic compounds (VOC) as listed in Annex X of the Directive.
Ambient Air Quality Management
Requirements where levels are lower than the limit values
14. (1) The Agency shall identify those areas, consisting of zones or agglomerations in whole or in part, where the levels of sulphur dioxide, nitrogen dioxide, PM10 and PM2.5, lead, benzene and carbon monoxide in ambient air are below the limit values specified in Annexes XI and XIV of the Directive.
(2) The Minister, the Agency and the local authority, as appropriate, shall take the necessary actions to ensure that the levels of pollutants are maintained below the limit values specified in Annexes XI and XIV of the Directive and shall endeavour to preserve the best ambient air quality, compatible with sustainable development.
Limit Values and Alert Thresholds
15. (1) The Minister, the Agency and the local authority, as appropriate, shall ensure that, throughout the zones or agglomerations, the levels of sulphur dioxide, PM1 0, lead and carbon monoxide in ambient air do not exceed the limit values specified in Annex XI of the Directive. In respect of nitrogen dioxide and benzene that the limit values specified in Annex XI of the Directive may not be exceeded from the dates specified therein.
(2) The Agency shall assess compliance with the requirements of this Regulation in accordance with Annex III of the Directive.
(3) The margins of tolerance laid down in Annex XI of the Directive shall apply in accordance with Articles 22(3) and 23(1) of the Directive.
(4) The alert thresholds for concentrations of sulphur dioxide and nitrogen dioxide in ambient air shall be those laid down in Section A of Annex XII of the Directive.
Critical Levels
16. (1) The Agency shall identify those areas, consisting of zones or agglomerations in whole or in part, where the levels of pollutants in ambient air exceed and are below the critical levels specified in Annex XIII of the Directive as assessed in accordance with Section A of Annex III of the Directive.
(2) Where fixed measurements are the sole source of information for assessing air quality, the number of sampling points shall not be less that the minimum number specified in Section C of Annex V of the Directive. Where that information is supplemented by indicative measurements or modelling, the minimum number of sampling points may be reduced by up to 50% so long as the assessed concentrations of the relevant pollutant can be established in accordance with the data quality objectives specified in Section A of Annex I of the Directive.
Fine Particulate Matter PM2.5 exposure reduction target for the protection of human health
17. (1) The Minister, the Agency and the local authority, as appropriate, shall take all necessary measures not entailing disproportionate costs to reduce exposure to PM2.5 with a view to attaining the national exposure reduction target established by the Agency in accordance with Article 15 (1) and (2) of the Directive.
(2) The Agency shall calculate the average exposure indicator (AEI) for PM2.5 for the State based on an average annual measurement derived from measurements at all the sampling points in urban background locations averaged over 3 calendar years in accordance with Section A of Annex XIV of the Directive.
(3) The Agency shall, in accordance with Annex III of the Directive, ensure that the distribution of sampling points used for calculating the AEI adequately reflects the exposure of the general population.
(4) The number of sampling points used for calculating the AEI shall be more than or equal to the minimum number specified in Section B of Annex V of the Directive.
PM2.5 target value and limit value for the protection of human health
18. (1) The Minister, the Agency and the local authority, as appropriate, shall take all necessary measures not entailing disproportionate costs to ensure that concentrations of PM2.5 in ambient air do not exceed the target value laid down in Section D of Annex XIV of the Directive as from the date specified therein.
(2) The Minister, the Agency and the local authority, as appropriate, shall take all necessary measures not entailing disproportionate costs to ensure that concentrations of PM2.5 in ambient air do not exceed the limit value laid down in Section E of Annex XIV of the Directive throughout the zones and agglomerations. Compliance with this requirement shall be assessed in accordance with Annex III of the Directive.
(3) The margin of tolerance laid down in Section E of Annex XIV of the Directive shall apply in accordance with Article 23(1) of the Directive.
Measures to ensure compliance and to maintain good air quality
19. (1) In order to ensure compliance with the requirements of these regulations the Agency shall—
(a) identify sources of pollutants in ambient air;
(b) notify the levels and the sources of the emissions contributing to the levels to any statutory body or agency, the discharge of whose functions will be or may be affected by the measures specified under paragraph (c); and
(c) specify, in consultation with the statutory body or agency concerned;
(i) the measures necessary to ensure that levels of pollutants are maintained below the respective limit values specified in Annex XI of the Directive and respective critical levels specified in Annex XIII of the Directive; and
(ii) the dates by which such measures shall be taken.
(2) The Minister, the Agency and the local authority, as appropriate, shall take the necessary action to maintain the levels of those pollutants below the limit values and critical levels specified in Annex XI and Annex XIV of the Directive and shall endeavour to preserve the best ambient air quality, compatible with sustainable development.
Measures to ensure compliance with ozone target values and to maintain good air quality
20. (1) The Minister, the Agency and the local authority, as appropriate, shall take all necessary measures not entailing disproportionate costs to ensure that ozone target values and long-term objectives, as specified in Annex VII of the Directive, are attained.
(2) In zones and agglomerations in which a target value for ozone is exceeded the Agency and the local authority, or local authorities as appropriate, shall ensure that the programme prepared pursuant to Article 6 of Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants2 is implemented in order to attain target values save where not achievable through measures not entailing disproportionate costs.
(3) For zones and agglomerations in which the levels of ozone in ambient air are higher than the long-term objectives but below, or equal to, the target values, the Minister, the Agency and the local authority shall prepare and implement cost-effective measures with the aim of achieving the long-term objectives. Those measures shall, at least, be consistent with all the air quality plans and the programme referred to in paragraph (2) of this Regulation.
(4) In zones and agglomerations in which ozone levels meet the long-term objectives the Minister, Agency and the local authority, as appropriate, shall, in so far as factors including the transboundary nature of ozone pollution and meteorological conditions permit, maintain those levels below the long-term objectives and shall preserve through proportionate measures the best ambient air quality compatible with sustainable development and a high level of environmental and human health protection.
(5) The Minister and/or the Agency shall advise the relevant local authority, or local authorities as appropriate and any statutory agency or body with relevant functional responsibility of any such measures identified under paragraph (4).
Exceedance of Information or Alert Thresholds
21. (1) Where any of the information or alert thresholds for pollutants in Annex XII of the Directive are exceeded in relation to the relevant averaging periods set out in that Annex, the Agency shall make such information available to prescribed bodies and ensure that the public are informed by means of radio, television, newspapers or the internet.
(2) The Agency shall communicate to the Minister and the Commission, on a provisional basis, information concerning the levels recorded and the duration of the periods during which the alert threshold or information threshold was exceeded.
Contributions from natural sources
22. (1) The Agency shall transmit to the Commission, for a given year, lists of zones and agglomerations where exceedances of limit values for a given pollutant are attributable to natural sources.
(2) The Agency shall provide information on concentrations and sources and the evidence demonstrating that the exceedances are attributable to natural sources.
Exceedances attributable to winter-sanding or salting of roads
23. (1) The Agency may designate zones or agglomerations within which limit values for PM10 are exceeded in ambient air due to the re-suspension of particulates following winter-sanding or salting of roads.
(2) The Agency shall send the Commission lists of any such zones or agglomerations together with information on concentrations and sources of PM10 therein.
(3) When informing the Commission, the Agency shall provide the necessary evidence to demonstrate that any exceedances are due to re-suspended particulates and that reasonable measures have been taken to lower the concentrations.
(4) Without prejudice to Article 20 of the Directive, in the case of zones and agglomerations referred to in paragraph (1), the Agency needs to establish the air quality plan provided for in Regulation 24 only in so far as exceedances are attributable to PM10 sources other than winter-sanding or salting of roads.
Plans, information and reporting
Air quality plans
24. (1) Where, in given zones or agglomerations, the levels of pollutants in ambient air exceed any limit value or target value, plus any relevant margin of tolerance in each case, the Agency shall ensure that air quality plans are established for those zones and agglomerations in order to achieve the related limit value or target value specified in Annexes XI and XIV of the Directive.
(2) For the purpose of Paragraph (1) the Agency shall—
(a) identify and notify to the relevant local authority or authorities those areas, consisting of zones and agglomerations in whole or in part, where the Agency considers measures are likely to be necessary to ensure compliance with the limit value or values for the relevant pollutant within the time limit specified in the relevant Annex of the Directive for that pollutant; and
(b) provide to the local authority or authorities concerned all data relevant to the air quality assessment for the area concerned.
(3) The local authority or authorities so notified shall prepare a clear, comprehensible and accessible air quality plan, or review and revise an existing plan, to ensure compliance with the limit value or values within the time limit specified for the relevant pollutant or pollutants.
(4) Where the attainment date for a limit value has passed, the air quality plan must set out the measures intended to ensure compliance with limit value as soon as possible.
(5) Air quality plans shall incorporate at least the information listed in Section A of Annex XV of the Directive and may include measures pursuant to Article 24 of the Directive.
(6) Air quality plans shall be submitted by the local authority or authorities to the Minister for evaluation and approval no less than sixteen months after the end of the year the first exceedance was observed, and the Minister shall communicate the approved plan to the Commission no later than two years after the end of the year the first exceedance was observed.
(7) Where an air quality plan is required in relation to more than one pollutant, the local authority or authorities must ensure the plans are integrated in relation to all pollutants concerned.
(8) Wherever possible, air quality plans must be consistent with other plans drawn up in accordance with obligations imposed under Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants3 , Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants4 , and Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise5 .
Short-term action plans
25. (1) Where, in a given zone or agglomeration, there is a risk that the levels of pollutants will exceed one or more of the alert thresholds specified in Annex XII of the Directive, or one or more limit values or target values specified in Annexes VII, XI and XIV of the Directive, the Agency shall notify the Minister and direct the relevant local authority or authorities to draw up short term action plans indicating the measures to be taken in the short term in order to reduce the risk or duration of such an exceedance.
(2) Where there is a risk that the alert threshold for ozone specified in Section B of Annex XII of the Directive will be exceeded, such identification, notification and direction outlined in paragraph (1) shall only apply where the Agency is of the view that there is a significant potential, taking into account national geographical, meteorological and economic conditions, to reduce the risk, duration or severity, of such an exceedance.
(3) A short-term action plan pursuant to paragraph (1) shall take account of Commission Decision 2004/279/EC6 .
(4) A short-term action plan pursuant to paragraph (1) shall include the information requirements of Section A of Annex XV of the Directive as appropriate to the exceedance type and shall be submitted to the Minister and the Agency for evaluation and approval, no less than 3 months from the date of notification by the Agency of the risk of an exceedance.
(5) The short-term action plans referred to in paragraph (1), may, depending on the individual case, provide for effective measures to control, and, where necessary, reduce or suspend activities which contribute to the risk of the respective limit values, or target values or alert thresholds being exceeded. Those action plans may include measures in relation to motor vehicle traffic, construction works, ships at berth and the use of industrial plants or products and domestic heating. Specific actions aiming at protection of sensitive population groups, including children, may also be considered in the framework of these plans.
(6) The Agency may set trigger levels of concentrations of ozone in ambient air, exceedance of which require the preparation of air pollution short-term action plans.
(7) When a local authority, or local authorities as appropriate, has drawn up a short-term action plan, they shall make available free of charge to the public and to appropriate organisations such as environmental organisations, consumer organisations, organisation representing the interests of sensitive population groups, other relevant health care bodies and the relevant industrial federations both the results of their investigations on the feasibility and the content of specific short term action plans as well as information on the implementation of such plans.
Transboundary air pollution
26. (1) The Agency shall notify the Minister and the relevant local authority, or local authorities as appropriate, in the event of an alert threshold, limit value or target value plus any relevant margin of tolerance or long-term objective being exceeded due to significant transboundary transport of air pollution or their precursors either—
(a) within the State; or
(b) in another Member State owing to transboundary transport of air pollution originating from within the State.
(2) The Agency and/or the Minister shall consult with the local authority or local authorities as appropriate as well as the relevant competent authorities in other Member States or third countries as appropriate, to cooperate and, where appropriate, draw up joint activities, such as the preparation of joint or coordinated air quality plans pursuant to Article 23 of the Directive in order to remove such exceedances through the application of appropriate but proportionate measures.
(3) The Commission shall be notified and invited to present and to assist in any co-operation pursuant to paragraph (2).
(4) Where a local authority, or local authorities as appropriate, prepare an air pollution short-term action plan under Regulation 25, with proposed measures that will or may impact upon a neighbouring zone or zones in other Member States, or where pollutant concentrations at risk of exceeding the alert threshold are due largely to precursor emissions in other Member States, the local authority, or local authorities as appropriate, shall consult with, and shall send all appropriate information pertaining to the plan to the competent authorities in those Member States with a view to co-operating, where appropriate, in the drawing up of joint short-term action plans.
(5) Where information or alert thresholds are exceeded in locations close to the borders of the State—
(a) the relevant local authority affected shall inform the Agency;
(b) the Agency shall provide prompt information to the competent authorities in other Member States as appropriate;
(c) The information shall also be made available to the public by the Agency.
In drawing up plans as provided for in paragraph 2 and 4 and in informing the public as referred to in paragraph 5, the Agency and/or the Minister, will seek cooperation with third countries, and in particular with candidate countries where appropriate.
Information and Reporting
Public information
27. (1) The Agency shall ensure that the public as well as appropriate organisations, including environmental organisations, consumer organisations, organisations representing the interests of sensitive populations, other relevant health-care bodies and the relevant industrial federations or to any organisation which so requests are informed, adequately and in good time, of the following—
(a) ambient air quality in accordance with Annex XVI of the Directive;
(b) any postponement decisions pursuant to Article 22(1) of the Directive;
(c) any exemptions pursuant to Article 22(2) of the Directive;
(d) air quality plans as provided for in Article 22(1) and Article 23 and programmes referred to in Article 17(2) of the Directive.
The Agency shall take appropriate steps, including the use of the internet, press and other easily accessible media, to ensure that clear and comprehensible information on the ambient air concentrations of pollutants within the scope of these regulations is accessible and is routinely made available to the public.
(2) The information referred to in paragraph (1) shall be made available as follows—
(a) for sulphur dioxide, nitrogen dioxide and oxides of nitrogen and particulate matter, on at least a daily basis, and in the case of hourly values for sulphur dioxide and nitrogen dioxide, wherever practicable on an hourly basis;
(b) for carbon monoxide, as a maximum running average over eight hours at least on a daily basis, and where practicable on an hourly basis;
(c) for lead, on a three-monthly basis;
(d) for benzene, as an average value over the preceding 12 months, on at least a three-monthly basis; and
(e) for ozone, on at least a daily basis, and wherever appropriate and practicable, on an hourly basis.
(3) The information referred to in paragraph (1) shall indicate at least —
(a) any exceedance of the concentrations in the limit values and alert thresholds, if relevant, over the appropriate averaging period specified in Annexes XI and XII of the Directive;
(b) short assessment in relation to the limit values and alert thresholds;
(c) appropriate information regarding effects on health;
(d) forecasting of ambient air quality where practicable; and
(e) details of air quality plans and programmes referred to in Article 17(2) of the Directive.
(4) In cases where either the information threshold or the alert threshold specified in Annex XII of the Directive for nitrogen dioxide, sulphur dioxide or ozone is exceeded the Agency shall inform the bodies prescribed in Schedule 1 and make available the following information to the public as soon as possible—
(a) the location or area where thresholds are exceeded;
(b) the type of threshold exceeded (information or alert threshold);
(c) the time at which the threshold was exceeded and the duration of the incident;
(d) in the case of ozone, the highest 1-hour and 8-hour mean concentration;
(e) information on preventive action to reduce pollution or public exposure to it, including an indication of the main source sectors and recommendations for action to reduce emissions.
(5) The Agency shall consult with the Health Service Executive, Met Éireann and other relevant organisations as appropriate to ensure that information on possible health effects and forecasting further expected exceedances, as specified in Annex XVI of the Directive, is made available to the public.
(6) Information must be distributed free of charge in a clear and comprehensible manner taking into account the requirements of Council Directive 2007/2/EC on establishing an infrastructure for spatial information in the European Community7 .
(7) The Minister will inform the public that the Agency is the competent authority designated in relation to the tasks referred to in Article 3 of the Directive.
Annual reports
28. (1) The Agency shall publish an annual report for all the pollutants for each calendar year no later than 30 September of the following year.
(2) Annual reports must contain the following information—
(a) details of all cases where levels of pollutants have exceeded limit values, target values, long term objectives, information and alert thresholds set out in Annexes VII, XI and XII of the Directive for the relevant averaging periods;
(b) a summary assessment of the effects of the cases referred to in sub paragraph (a);
(c) lists of any zones and agglomeration where exceedances of limit values for a given pollutant are attributable to natural sources.
Reporting
29. (1) The Agency shall make available to the Minister and the Commission information on ambient air quality for each calendar year by no later than 30 September unless otherwise directed under the implementing measures referred to in Article 28(2) of the Directive.
(2) The information referred to in paragraph (1) shall include the following—
(a) the changes made in that year to zones and agglomerations established under Regulation 6;
(b) the list of zones and agglomerations in which the levels of one or more pollutants are higher than the limit values plus the margin of tolerance where applicable or higher than target values or critical levels; and for these zones and agglomerations—
(i) levels assessed and, if relevant, the dates and periods when such levels were observed;
(ii) if appropriate, an assessment on contributions from natural sources and from re-suspension of particulates following winter-sanding or salting of roads to the levels assessed, as declared to the Commission under Regulations 22 and 23.
Revocations
30. (1) The following regulation is revoked:
(i) The Air Quality Standards Regulations 2011 ( S.I. No. 180 of 2011 ) as amended by Regulation 5 of the Air Quality Standards (Amendment) and Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air (Amendment) Regulations 2016 (S.I. 659 of 2016).
/images/ls
GIVEN under my Official Seal,
22 December, 2022.
EAMON RYAN,
Minister for the Environment,
Climate and Communications.
EXPLANATORY NOTE
(This note is not part of the Regulations and does not purport to be a legal interpretation.)
These Regulations provide for the implementation of Directive 2008/50/EC on ambient air quality and cleaner air for Europe (as amended).
The regulations set the limit values and alert thresholds for air pollution for particular pollutants and also specific the requirements for monitoring and reporting air quality data.
The Environmental Protection Agency is the competent authority for the purpose of Directive 2008/50/EC and these Regulations.
These Regulations replace S.I. No. 180 of 2011 , as amended by SI 659 of 2016, which is revoked.
SCHEDULE 1
Prescribed Bodies
(1) The Minister for Health
(2) The Health Service Executive
(3) Local Authorities
(4) Cystic Fibrosis Association of Ireland
(5) The Asthma Society of Ireland
(6) Met Éireann
(7) Teagasc
1 O.J. No. L 152 of 11 June 2008
2 O.J. No. L309/23 of 27 November 2011
3 O.J. No. L 309 of 27 November 2001
4 O.J. No. L 309 of 27 November 2001
5 O.J. No. L 189 of 18 July 2002
6 O.J. No. L 87 of 25 March 2004
7 O.J. No. L 108 of 25 April 2007
S.I. No. 374/1997 –
Environmental Protection Agency Act, 1992 (Control of Volatile Organic Compound Emissions Resulting From Petrol Storage and Distribution) Regulations, 1997
ENVIRONMENTAL PROTECTION AGENCY ACT, 1992 (CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS RESULTING FROM PETROL STORAGE AND DISTRIBUTION) REGULATIONS, 1997
INDEX
PART I
PRELIMINARY AND GENERAL
1.
Citation
2.
Commencement
3.
References
4.
Definitions
PART II
DUTIES OF VARIOUS PERSONS
5.
Duty of permit holder under the Directive compliance dates
6.
Duty to apply for a permit
7.
Duty of a carrier and permit holder obligations thereto
PART III
APPLICATION FOR A PERMIT
8.
Granting of permit by Agency duration, form, requirements
9.
Notice of intention to apply newspaper and site notices
10.
Making an application and Agency reviews
11.
Fees for making an application
12.
Procedure on receipt of an application notice to certain bodies
13.
Establishment of a register of applications/permits
PART IV
CONSIDERATION OF APPLICATIONS
14.
Making of submissions on an application
15.
Withdrawal of an application
16.
Decisions on an application
17.
Notice and publication of proposed decisions
18.
Availability of documents
PART V
OBJECTIONS
19.
Form and content of an objection
20.
Circulation of objections
21.
Power of the Agency to request submissions by objectors
22.
Power of the Agency to request submission of documents, particulars or information by an objector.
23.
Withdrawal of objections
24.
Notification of oral hearings
25
Procedure at oral hearings
26.
Power to require attendance at oral hearings
27.
Adjournment or reopening of oral hearings
28.
Other matters may be taken into account by the Agency
29.
Decision by Agency on objections
30.
Notice and publication of decisions on objections
PART VI
ENFORCEMENT, OFFENCES, PROSECUTIONS
31.
Agency empowered to be competent authority
32.
Authorised persons
FIRST SCHEDULE – FORM OF APPLICATION FOR A PERMIT
SECOND SCHEDULE – FORM OF PERMIT
THIRD SCHEDULE – FORM OF REGISTER OF PERMITS
FOURTH SCHEDULE – REQUIREMENTS FOR STORAGE INSTALLATIONS AT TERMINALS
FIFTH SCHEDULE – REQUIREMENTS FOR LOADING AND UNLOADING INSTALLATIONS AT TERMINALS
SIXTH SCHEDULE – REQUIREMENTS FOR LOADING AND STORAGE AT TERMINALS AND SERVICE STATIONS WHERE THE INTERMEDIATE STORAGE OF VAPOURS IS CARRIED OUT
SEVENTH SCHEDULE – SPECIFICATIONS FOR BOTTOM LOADING, VAPOUR COLLECTION AND OVERFILL PROTECTION OF EUROPEAN ROAD TANKERS
S.I. No. 374 of 1997.
Environmental Protection Agency Act, 1992 (Control of volatile organic compound emissions resulting from petrol storage and distribution) Regulations, 1997.
The Minister for the Environment and Local Government in exercise of the powers conferred on him by Sections 6 , 11 , 13 and 53 of the Environmental Protection Agency Act, 1992 (No. 7 of 1992) and for the purposes of giving effect to the provisions of Directive 94/63/EC(1) on the control of volatile organic compound emissions resulting from the storage of petrol and its distribution between terminals or from terminals to service stations, hereby makes the following Regulations.
(1) O. J. NO L 365/24 of 31 December 1994
PART I
1. These Regulations may be cited as the Environmental Protection Agency Act, 1992 (Control of volatile organic compound emissions resulting from petrol storage and distribution) Regulations, 1997.
2. These. Regulations shall come into operation on the 1st day of October, 1997.
3. (1) In these Regulations, any reference to an. article or schedule which is not otherwise identified is a reference to an article or schedule of these Regulations.
(2) In these Regulations, any reference to a sub-article or paragraph which is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs.
4. In these Regulations:
(1) a word or phrase which has been assigned a meaning by the Directive has that meaning except where otherwise indicated;
“the Agency” means the Environmental Protection Agency established by the Minister under the Environmental Protection Agency (Establishment) Order, 1993;
“applicant” means an applicant for a permit or for a review of a permit, as appropriate, under these Regulations and shall be construed accordingly;
“application” means an application for a permit or for a review of a permit, as appropriate, under these Regulations and shall be construed accordingly;
“carrier” means,
( a ) in relation to mobile containers carried by road, a person who is the registered owner of a composite vehicle, articulated vehicle, tank trailer, or tank semi-trailer, comprising one or more fixed or demountable tanks or of any other vehicle used for the conveyance or delivery of petrol to or from a storage installation at a terminal or a storage tank at a service station, and,
( b ) in relation to mobile containers carried otherwise than by road, every person carrying petrol in a tank by rail or by waterways;
“the Directive” means Council Directive 94/63/EC;
“existing petrol storage installations, loading installations, service stations, mobile containers and terminals” means such installations, service stations, mobile containers and terminals which were in operation before the coming into operation of these Regulations;
“harbour authority” has the same meaning as in the Harbours Act, 1946 ;
“local authority” means for the purposes of these Regulations:
( a ) the council of a county, or
( b ) the corporation of a county or other borough;
“manager” means the person having the general management and control of a terminal;
“mobile container” means:
( a ) any tank used, solely or in part, for the transfer of petrol from one terminal to another or from a terminal to a service station by road by a composite vehicle, articulated vehicle, tank trailer, or tank semi-trailer, comprising one or more fixed or demountable tanks or by any other vehicle used for the conveyance or delivery of petrol to or from a storage installation at a terminal or a storage tank at a service station, and,
( b ) any tank used, solely or in part, for the transfer of petrol from one terminal to another or from a terminal to a service station by rail or by waterways;
“new petrol storage installations, loading installations, service stations, mobile containers and terminals” means such installations, service stations, mobile containers and terminals other than existing installations, service stations, mobile containers and terminals;
‘”objection” means an objection made under article 19 of these Regulations;
“objector” means a person who makes an objection under article 19 of these Regulations;
“oral hearing” means an oral hearing held by the Agency under article 24 of these Regulations;
“party to the objection” means
(i) an objector, or
(ii) the applicant for a permit, or the permit holder in the case of a review of a permit, in relation to which an objection is made by another person (other than a person acting on behalf of the applicant or permit holder, as appropriate)
and “party” shall be construed accordingly;
“permit” means, for the purposes of these Regulations, a statement by the Agency in the form set out in the Second Schedule that it is satisfied that a terminal complies with the appropriate requirements of the Directive and a reference to a permit shall include a first permit or a review of a permit, as appropriate;
“petrol” means any petroleum derivative, with or without additives, having a reid vapour pressure of 27.6 kilopascals or more, which is intended for use as a fuel for motor vehicles, except liquefied petroleum gas (LPG);
“rail tanker” means a mobile container used solely, or in part, for the transport of petrol by rail;
“road tanker” means a mobile container used solely, or in part, for the transport of petrol by road;
“throughput” means the largest total annual quantity of petrol loaded from a storage installation at a terminal into mobile containers or vice versa during the three preceding years before the appropriate dates for compliance with the requirements of article 5.
(2) Where a requirement of or under these Regulations requires submissions or observations to be made, or documents, particulars or other information to be submitted, to the Agency within a specified period and the last day of that period is a Saturday, a Sunday, a public holiday (within the meaning of the Holidays (Employees) Act, 1973 ) or any other day on which the offices of the Agency are closed, the submissions or observations, or documents, particulars or other information, as the case maybe, shall be regarded as having been received before the expiration of that period if received by the Agency on the next following day on which the offices of the Agency are open.
PART II
5. (1) It shall be the duty of the owner of a terminal with regard to its design and the duty of the manager of a terminal with regard to its operation to ensure that petrol storage installations at terminals shall be designed, operated and maintained, as appropriate, in accordance with the Fourth Schedule and that equipment for the purpose of loading petrol into, or unloading petrol from, mobile containers at terminals shall be designed, operated and maintained, as appropriate, in accordance with the requirements of the Fourth and Seventh Schedules and, where intermediate storage of vapours is permitted by the Fifth Schedule, with the further requirements of the Sixth Schedule.
(2) Sub-article (1) shall apply as regards the design, operation and maintenance, as appropriate, of storage installations at terminals:
(i) from the first day of January, 1998 in the case of new installations;
(ii) from the thirty first day of December, 1998 in the case of existing installations where the throughput loaded into or from mobile containers at a terminal is greater than 50,000 tons per year;
(iii) from the thirty first day of December, 2001 in the case of existing installations where the throughput loaded into or from mobile containers at a terminal is greater than 25,000 tons per year;
(iv) from the thirty first day of December, 2004 in the case of all other existing storage installations at terminals.
(3) Sub-article (1) shall apply as regards the design, operation and maintenance, as appropriate, of equipment for the purpose of loading petrol into, or unloading petrol from, mobile containers at terminals:
(i) from the first day of January, 1998 in the case of new terminals for loading petrol into, or unloading petrol from road tankers, rail tankers and/or vessel;
(ii) from the thirty first day of December, 1998 in the case of existing terminals for loading petrol into, or unloading petrol from, road tankers, rail tankers and/or vessels where the throughput is greater than 150,000 tons per year;
(iii) from the thirty first day of December, 2001 in the case of existing terminals for loading petrol into, or unloading petrol from, road tankers, rail tankers and/or vessels where the throughput is greater than 25,000 tons per year;
(iv) from the thirty first day of December, 2004 in the case of all other existing loading installations at terminals for loading petrol into, or unloading petrol from, road tankers and rail tankers.
(4) Sub-article (3) shall not apply to existing terminals with a throughput of less than 10,000 tons per year, or to new terminals with a throughput of less than 5,000 tons per year located in small remote islands.
(5) The Agency, may, in its discretion, and upon a request in writing from a manager not later than six months before the coming into operation of the appropriate dates under sub-articles (2) or (3), as appropriate, unless the date of compliance is specified as the first day of January, 1998 in which case not later than six weeks prior to that date, decide that in a case where the throughput at a terminal prior to the coming into operation of these Regulations or prior to compliance with any requirements required by any appropriate dates contained therein would, but for the provisions of this sub-article, require compliance by such terminal with any or all of sub-articles (1), (2) and (3), as appropriate, but that where current throughput at the time of mandatory application for a permit required under article 6 has been reduced to below the appropriate thresholds set out in sub-articles (2) and (3), and where the Agency is satisfied that there will be no future increase in through put for the maximum period of a permit required under article 8 for that terminal had it been subject to compliance with any or all of sub-articles (1), (2) and (3), as appropriate, the said terminal shall not be deemed to be a terminal requiring to comply with the provisions of this article until and unless the throughput subsequently increases to require compliance with any or all of sub-articles (1), (2) and (3), as appropriate.
(6) Where a permit has been granted but operations at the permitted terminal have not commenced within three years after the date on which the permit was granted, or have ceased for a period of not less than three years after the grant of a permit, the permit shall cease to have effect provided all matters required to be undertaken as part of, or as a consequence to, the permit have been completed to the satisfaction of the Agency.
(7) Where a terminal has obtained a permit but subsequent to the grant of the permit and within the duration of the permit in accordance with article 8, the throughput at the permitted terminal falls below the appropriate thresholds under sub-articles (2) or (3), as appropriate, the permit holder may notify the Agency in writing of the reduced throughput and may request a cancellation of the permit.
(8) From the thirty first day of December, 2004, the requirements for bottom loading equipment set out in the Seventh Schedule shall apply to all road tanker loading gantries at all terminals other than terminals referred to in sub-article (4)
(9) All terminals, other than terminals referred to in sub-article (4), with loading facilities for road tankers, shall be equipped with not less than one gantry which meets the specifications for bottom loading equipment set out in the Seventh Schedule, in accordance with the appropriate dates set out in sub-article (3).
6. It shall be the duty of a manager to obtain from the Agency a permit stating that article 5 (1), (2), (3), (8) and (9), as appropriate, have been complied with to the Agency’s satisfaction.
7. (1) It shall be the duty of a carrier:
( a ) to satisfy himself/herself that a current, valid permit has been granted under article 8 prior to loading petrol into his/her mobile container, or unloading petrol from his/her mobile container, at a terminal, and,
( b ) to keep available a record of the date, time and quantity of all loading and unloading of petrol made at terminals from the date of loading or unloading for a period of not less than one calendar month for production upon the request of an authorised person.
(2) It shall be the duty of a manager:
( a ) to produce a permit granted under article 8 upon request to do so by a carrier, prior to the loading of petrol into a mobile container, or the unloading of petrol from a mobile container, at a terminal,
( b ) to display for the purposes of inspection a copy of the permit, granted under article 8, in a prominent position within the cartilage of the terminal.
PART III
8. (1) The Agency may grant a permit, with or without conditions, for a period of not more than three years, or may refuse to grant a permit for a terminal under this article.
(2) A permit granted under this article shall contain the particulars set out in the Second Schedule and such other particulars or conditions as the Agency may deem appropriate.
9. (1) The applicant for a permit shall:
( a ) within a period of two weeks prior to the making of application, publish in a newspaper circulating in the district in which the terminal is or will be situate notice of the intention to make the application in accordance with sub-article (2) and,
( b ) not later than the making of the application, give notice of the application by the erection or fixing of a notice on the land or structure concerned, hereinafter referred to as a “site notice”, in accordance with sub-articles (3), (4), and (5).
(2) A notice published in a newspaper pursuant to sub-article (1)(a) shall contain as a heading the words “APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR A PERMIT and shall
(i) give the name and address of the applicant,
(ii) state the location or postal address of the terminal to which the application relates,
(iii) state that a copy of the application may be inspected at or obtained from the headquarters of the Agency.
(3) A site notice erected or fixed pursuant to sub-article (1)(b) on any land or structure shall—
(i) be painted or inscribed, or printed and affixed, on a durable material,
(ii) be securely erected or fixed in a conspicuous position—
( a ) on or within five metres of the main entrance to the terminal from a public road,
( b ) on any other part of the land or structure adjoining a public road and shall be so erected or fixed and the text shall be so painted, inscribed or printed that the notice shall be capable of being read by persons using the said public road,
( c ) where the terminal to which an application relates does not adjoin a public road, a site notice shall be erected or fixed in a conspicuous position on the land or structure so as to be easily visible and legible by persons outside the land or structure.
(4) A site notice erected or fixed on any land or structure pursuant to sub-article (1) shall be headed “APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR A PERMIT” and shall—
(i) give the name and address of the applicant,
(ii) state the location or postal address of the terminal to which the application relates,
(iii) state that a copy of the application may be inspected at or obtained from the headquarters of the Agency.
(5) A site notice in accordance with this article shall be maintained in position for at least one month after the making of an application, and shall be renewed or replaced if it is removed or becomes defaced or illegible within the period during which it is required to be displayed.
(6) Where
( a ) a period of more than two weeks has elapsed between the publication in a newspaper of a notice in accordance with sub-article (1) and the making of the relevant application, or,
( b ) it appears to the Agency that any notice published or given in pursuance of sub-article (1)
(i) if published in a newspaper, does not comply with the provisions of sub-article(2), or,
(ii) if erected or fixed on any land or structure, does not comply with the provisions of sub-articles (3), (4) or (5), as appropriate, or,
(iii) in either case, because of its content or for any other reason, is misleading or inadequate for the information of the public,
the Agency shall require the applicant to publish, erect or fix such further notice in such manner, whether in a newspaper or otherwise, in such terms as it may specify and to submit to it such evidence as it may specify in relation to compliance with any such requirement.
10. (1) An application for a permit under article 6 shall be made to the Agency in the form set out in the First Schedule:
( a ) in the case of an initial application not later than six months prior to the dates set out in article 5 (2) or (3), as appropriate, unless the date of compliance is specified as the first day of January, 1998 in which case not later than six weeks prior to that date, and,
( b ) in the case of an application for review of the permit not less than six months before the expiry date stated on the most recent permit granted by the Agency unless a terminal has subsequently increased its throughput so as to require a first permit under articles 5(2) or (3), as appropriate, for that size of terminal by the appropriate date set out in those articles.
(2) A permit may be reviewed at anytime by the Agency with the consent of, or at the behest of, the manager.
(3) The Agency may review a permit at any time where it has reason to believe that a provision of, or a condition attached to, a permit has been breached or where it considers that any emission from the terminal to which the permit relates constitutes a significant risk of environmental pollution.
(4) Where the Agency proposes to review a permit under the provisions of sub-article (2) it shall require the applicant for review of a permit to publish a notice of the Agency’s intention to review a permit in a newspaper circulating in the district in which the terminal is or will be situate within one week of the date of notification to that effect by the Agency to the applicant.
(5) Where the Agency proposes to review a permit under the provisions of sub-article (3) it shall serve notice in writing to the manager indicating that a submission relating to the review may be made in writing to the Agency within one month of the date of receipt of such notice.
(6) A notice served pursuant to sub-article (5) may require the manager to submit such plans, documents, drawings, maps, evidence or other information and particulars as the Agency considers necessary for the purpose of the review.
(7) Where the manager holder fails or refuses to comply with any requirement of the Agency under sub-article (6) within one month from the date of the notice the Agency may, notwithstanding such failure or refusal, proceed with its proposed decision of the review.
(8) Every notice published in accordance with sub-article (4) shall indicate the reference number given to the permit in the register of permits, established under article 15.
(9) An application shall not be deemed valid unless it contains a signed original and five copies of the full application in accordance with sub-article (1).
(10) Where the Agency considers that an application does not comply with the requirements of sub-article (1), it may, as it considers appropriate, having regard to the extent of the failure to comply with the said requirements, by notice in writing
(i) inform the applicant of such failure of compliance and that the application cannot be considered by the Agency, or
(ii) require the applicant to furnish such further particulars, plans, drawings, maps or copies as may be necessary to comply with the said requirements, or,
(iii) determine the application having regard to the material furnished therewith.
11. The fee for the making of an application for a permit under article 10 shall be decided at the Agency’s discretion and taking into account the size, nature and complexity of the application.
12. (1) The Agency shall notify the bodies set out in this article, of the receipt of an application as soon as is practicable after its receipt:
( a ) the National Authority for Occupational Safety and Health,
( b ) the planning authority in whose functional area the terminal is, or will be, located,
( c ) any harbour authority in whose functional area the terminal is, or will be, located.
(2) The Agency shall, by not later than the third working day following a particular week, make .available a list of the applications.
(3) The list referred to in sub-article (2) shall, for a period of not less than two months
(i) be displayed in or at the headquarters of the Agency in a position convenient for public inspection during office hours, and
(ii) be made available for such charge, if any, not exceeding the reasonable cost of making a copy thereof, at the headquarters of the Agency during office hours.
(4) The list referred to in sub-article (2) shall, in respect of each application to which it relates, indicate
(i) the reference number given to the application in the register of permits established under article 13,
(ii) the name and address of the applicant,
(iii) the location or postal address of the terminal to which the application relates,
(iv) the date of receipt of the application, and,
(v) where a copy of the application may be obtained.
13. (1) Every application for a permit under these Regulations shall be recorded by the Agency in a register to be established by the Agency in the format set out in the Third Schedule and shall be given a reference number therein.
(2) The register specified in sub-article (1) shall be available for public inspection at the headquarters of the Agency during office hours.
(3) A copy of an entry in the register specified in sub-article (1) shall be issued to a person requesting it on the payment by him or her to the Agency of such fee as the Agency shall fix not exceeding the reasonable cost of making the copy.
PART IV
14. Any person may make a submission in writing with regard to an application at any time prior to the making of a proposed decision on an application by the Agency under article 16.
15. (1) An application for a permit may be withdrawn at any time before the making of a decision by the Agency on the application.
(2) Where the Agency is of the opinion that an application has been abandoned it may give to the applicant a notice stating that fact and requiring that person within a period specified in the notice (being a period of not less than fourteen or not more than twenty-eighth days beginning on the date of the giving of the notice), to make to the Agency a submission in writing as to why the application should not be regarded as having been withdrawn.
(3) Where a notice has been given under sub-article (2), the Agency may, at any time after the expiration of the period specified in the notice, and after considering the submission, if any, made to the Agency pursuant to the notice, declare that the application to which the notice relates shall be regarded as having been withdrawn.
(4) Where pursuant to this article the Agency declares that an application is to be regarded as having been withdrawn, any submission made under article 14 shall not be further considered by the Agency.
16. (1) The Agency may upon an application being made under article 10 of these Regulations decide to grant, with or without conditions, or to refuse to grant,
( a ) a permit, not later than the dates set out in articles 5(2) or (3), as appropriate, in the form set out in the Second Schedule, or
( b ) a reviewed permit, not later than four months after the date of receipt of an application
and such decision shall hereinafter be referred to as the “proposed decision”.
(2) Where it appears to the Agency that it would not be possible or appropriate, because of the particular circumstances of an application, to decide on an application, in accordance with the provisions of sub-article (1), the Agency shall give notice in writing of the reasons why it would not be possible or appropriate, as the case may be, to do so and shall specify the date before which the Agency intends to canny out such procedures to the following:
( a ) the applicant or permit holder, as appropriate,
( b ) the planning authority in whose functional area the terminal is or will be situate,
( c ) where in the Agency’s discretion it deems practicable, every person who has made written submissions on the application under article 14.
(3) Where a notice has been given under sub-article (2), the Agency shall take all such steps as are open to it to ensure that the procedures are carried out before the date specified in the notice.
(4) In determining an application for a permit the Agency may impose conditions that connection lines and pipe installations at terminals are regularly inspected for leaks and that equipment for, and procedures to ensure, the shut down of loading operations are installed for the ‘purposes of meeting the requirements of the Fifth, Sixth and Seventh Schedules.
17. (1) The Agency shall inform the applicant in writing of its proposed decision on an application.
(2) The Agency shall inform in writing the bodies prescribed in article 12 of its proposed decision.
18. (1) The Agency shall make the documents or other items specified in sub-article (2) available for public inspection during office hours, other than such information contained in the application and other documents or items submitted in accordance with sub-article (2) as the Agency may determine, at the headquarters of the Agency from as soon as may be after receipt of the documents or other items until one month after the date on which the proposed decision is given.
(2) The following are specified for the purposes of sub-article (1)—
( a ) an application,
( b ) such other notices as are given by the Agency under these regulations in respect of the application,
( c ) such information, particulars, plans, drawings, maps, evidence, notices, objections, submissions, views or observations as were received or obtained by the Agency from the applicant or permit holder, as appropriate, or from any other person in accordance with these Regulations in respect of the application,
( d ) any written submissions received by the Agency upon the application,
( e ) copy of the proposed decision.
(3) Copies of the documents or other items specified in sub-article (2) shall be available during office hours for such charge, if any, as the Agency may fix not exceeding the reasonable cost of making a copy, from the time of receipt of
same by the Agency.
PART V
19. (1) Subject to the provisions of sub-article (2) any person may make an objection, in writing, to the Agency’s proposed decision on an application, within one month commencing on the date of the notification by the Agency of the proposed decision.
(2) An objection, under sub-article (1) shall—
( a ) be made in writing,
( b ) state the name and address of the objector,
( c ) state the reference number of the application in the register of permits established under article 13 and the subject matter of the objection,
( d ) state the grounds for the objection and the reasons, considerations and arguments on which they are based, and
( e ) be accompanied by a fee of £200
(3) Without prejudice to article 21 an objector shall not be entitled to elaborate in writing upon, or make further submissions in writing in relation to, the grounds for the objection stated in the objection or to submit further grounds of objection and any such elaboration, submission, or further grounds for the objection that is or are received by the Agency shall not be considered by it.
(4) An objection shall be accompanied by such documents, particulars or other information relating to the objection as the objector considers necessary or appropriate.
(5) An objection shall be made –
( a ) by sending the objection by prepaid post to the headquarters of the Agency, or
( b ) by leaving the objection with an employee of the Agency at the headquarters of the Agency during office hours.
(6) The Agency shall as soon as may be after receipt of an objection acknowledge such receipt.
(7) Where no objection is made under this article the Agency shall be bound by its proposed decision to grant, with or without conditions, or to refuse to grant, a permit and shall confirm its proposed decision as its final decision.
20. (1) The Agency shall, as soon as may be after receipt of an objection, give a copy thereof to each party to the objection.
(2) Each other party to the objection may make submissions in writing to the Agency in relation to the objection within a period of one month beginning on the day on which a copy of the objection is sent to that party by the Agency.
(3) Any submissions received by the Agency after the expiration of the period mentioned in sub-article (2) shall not be considered by the Agency.
(4) Where no submissions have been received from a party to an objection within the period mentioned in sub-article (2), the Agency may without further notice to that party consider the objection.
(5) Without prejudice to article 21, a party to the objection shall not be entitled to elaborate in writing upon any submissions made in accordance with sub-article (2) or make any further submissions in writing in relation to the objection and any such elaboration or submission that its received by the Agency shall not be considered by it.
21. Where the Agency is of the opinion that, in the particular circumstances of an objection, it is appropriate in the interests of justice, to request a party to the objection to make submissions in relation to any matter which has arisen in relation to the objection, the Agency may, in its discretion, notwithstanding articles 19(3) and (5), 20(5) and 28(4), give notice under this article
( a ) requesting that party, within a period specified in the notice (not being less than fourteen or more than twenty-eight days beginning on the date of the giving of the notice) to make to the Agency a submission in writing in relation to the matter in question, and,
( b ) stating that, if a submission in writing is not received before the expiration of the period specified in the notice, the Agency will, after the expiration of that period and without farther notice to the party, proceed with its consideration of the objection and make a decision on the application.
22. Where the Agency is of the opinion that any document, particulars or other information is or are necessary for the purposes of enabling it to consider an objection, the Agency may give to any party to the objection a notice under this article—
( a ) requiring that party, within a period specified in the notice (being a period of not less than fourteen or more than twenty-eight days beginning on the date of the giving of the notice) to submit to the Agency such document, particulars or other information (which document, particulars or other information shall be specified in the notice), and
( b ) rating that, in default of compliance with the requirements of the notice, the Agency will, after the expiration of the period so specified and without further notice to the party, make a decision on the application.
23. (1) Where the Agency is of the opinion that an objection has been abandoned, it may give to the party who made the objection a notice stating that fact and requiring that party, within a period specified in the notice (being a period of not less than fourteen or more than twenty-eight days beginning on the date of the giving of the notice), to make to the Agency a submission in writing as to why the objection should not be considered as having been withdrawn.
(2) Where a notice has been given under sub-article (1), the Agency may, at any time after the expiration of the period specified in the notice, and after considering the submission, if any, made to the Agency pursuant to the notice, declare that the objection to which the notice relates shall be regarded as having been withdrawn.
24. (1) Any person who has made an objection in accordance with article 19 to a proposed decision made by the Agency may request an oral hearing by the Agency within one month commencing on the date of the notification by the Agency of the proposed decision and such request shall contain the name and address of the person, the subject matter of, and the full grounds for, the request for an oral hearing, and be accompanied by a fee of £100
(2) The Agency shall have an absolute discretion to hold, or to refuse to hold, an oral hearing. Where the Agency decides to hold an oral hearing it shall give the following persons not less than seven days notice in writing of the time and place of the oral hearing or such shorter notice as may be accepted by all parties—
(i) the applicant, or the permit holder, as appropriate,
(ii) the planning authority in whose functional area the terminal is or will be situate, and,
(iii) all those from whom objections under article 19 were received.
(3) The Agency may, at any time before the opening of an oral hearing, alter the time or place of the opening of an oral hearing and, in the event of such alteration, the Agency shall give the persons specified in sub-article (2) not less than seven days notice in writing of the new time and place or such shorter notice as may be accepted by any such persons.
25. (1) A person appointed to conduct an oral hearing shall have discretion as to the conduct of the hearing and in particular shall
( a ) conduct the hearing without undue formality,
( b ) permit any party to the objection, the planning authority in whose functional area the terminal is or will be situate, or such employee of the Agency as the Agency may decide, to appear in person or to be represented by another person,
( c ) decide the order of appearance of persons to be heard.
(2) Where the Agency has given notice in accordance with article 28(2) of its intention to take into account matters ‘other than those raised by the parties to the objection, the parties shall be permitted, if present, to make submissions in relation to the said matters to the person conducting the oral hearing.
(3) A person appointed by the Agency to conduct an oral hearing shall be appointed in writing by the Agency to be an authorised person for the purposes of these Regulations.
26. (1) Subject to sub-article (2), the person appointed to conduct an oral hearing may, by giving notice in that behalf in writing to any party to the objection, such employee of the Agency as the Agency may decide or the planning authority in whose functional area the terminal is or will be situate, require that party, employee or authority to attend at such time and place as is specified in the notice and to produce any documents, particulars, or other information in his/her or its possession, custody or control.
(2) The following provisions shall have effect for the purposes of sub-article (1)—
( a ) it should not be necessary for a person to attend in compliance with a notice at a place more than ten miles from a person’s ordinary place of residence unless such sum as will cover the reasonable and necessary expenses of the attendance has been paid or tendered to that person;
( b ) the Agency shall pay or tender to any person whose attendance is required such sum as the Agency, following consultation with the person appointed to conduct the oral hearing, considers will cover the reasonable and necessary expenses of the attendance;
( c ) any person who in compliance with a notice has attended at any place shall, save insofar as the reasonable and necessary expenses of the attendance have already been paid to that person, be paid those expenses by the Agency, and those expenses, save as aforesaid, shall, in default of being so paid, be recoverable as a simple contract debt in any court of competent jurisdiction.
(3) A person to whom a notice under sub-article (1) has been given shall not refuse or wilfully neglect to attend in accordance with the notice or shall not wilfully alter, suppress, conceal or destroy any documents, particulars or other information to which the notice relates or having so attended shall not refuse or wilfully fail to produce any documents, particulars or other information to which the notice relates.
(4) A person appointed to conduct an oral hearing may require an officer of the harbour authority, local authority, sanitary authority or planning authority concerned to provide any information which that person reasonably requires for the purpose of the hearing, and it shall be the duty of the officer concerned to comply with the requirement.
27. (1) Subject to sub-articles (2) and (3), the person appointed to conduct an oral hearing may—
( a ) adjourn or resume the oral hearing,
( b ) having obtained the consent of the Agency, reopen the hearing, or,
( c ) notwithstanding that any party to the objection has failed to attend a hearing, proceed with the hearing.
(2) Notice of the time and place of an oral hearing that has been adjourned indefinitely or the reopening of an oral hearing shall be given in writing by the Agency to the persons specified in article 24(2) not less than seven days before the said time or such shorter period as may be accepted by all such persons.
(3) Unless the Agency considers it expedient to do so and so directs, an oral hearing shall not be reopened after the report thereon has been made to the Agency.
(4) If, for any reason, the person appointed to conduct an oral hearing is unable or fails to conduct, or to complete the conduct of, an oral hearing or, for any reason, is unable or fails to furnish a written report on an oral hearing to the Agency, the Agency may appoint another person to conduct the oral hearing or to conduct a new oral hearing.
28. (1) The Agency may in considering an objection take into account matters other than those raised by a party to the objection.
(2) The Agency shall give notice in writing to each party to the objection of the matters that it proposes to take into account under sub-article (1) and shall indicate in that notice
( a ) in a case where the Agency proposes to hold in oral hearing of an objection, or where an oral hearing of the objection has been concluded and is reopened in accordance with article 27(1), that submissions in relation to the said matters maybe made to the person appointed to conduct the oral hearing, or,
( b ) in a case where the Agency does not propose to hold an oral hearing of the objection, or where an oral hearing of the objection has been concluded and the Agency does not propose to consent to the reopening of the hearing, that submissions in relation to the said matters may be made to the Agency in writing within a period specified in the notice (being a period of riot less than fourteen or more than twenty-eight days beginning on the date of the giving of the notice).
(3) Submissions as aforesaid that are received by the Agency after the expiration of the period referred to in sub-article (2)(b) shall not be considered by the Agency.
(4) Without prejudice to article 21, where a party to an objection makes a submission to the Agency in accordance with sub-article (2)(b), that party shall not be entitled to elaborate in writing upon that submission or to make further submissions in writing in relation to the matters referred to in sub-article (1) and any such elaboration or submissions that are received by the Agency shall not be considered by it.
29. (1) The Agency shall, in relation to a proposed decision made in accordance with article 16 which is the subject of an objection made pursuant to article 19, decide to:
— confirm the proposed decision or,
— modify the proposed decision by the addition, revision or withdrawal of conditions or,
— refuse to grant a permit as proposed by a decision
as appropriate and not later than three months after the expiration of the objection period specified in article 19(1),
(2) Where it appears to the Agency that it would not be possible or appropriate, because of the particular circumstances of an objection, to carry out the procedures for the consideration of an objection, whether or not an oral hearing is held, within three months beginning on the day after the expiration of the objection period specified in article 19(1), the Agency shall give notice in writing to each party to the objection of the reasons why it would not be possible or appropriate, as the case may be, to do so and shall specify the date before which the Agency intends to carry out such procedures.
(3) Where a notice has been given under sub-article (2), the Agency shall take all such steps as are open to it to ensure that the procedures are carried out before the date specified in the notice.
30. (1) The Agency shall notify the applicant in writing of a decision made in accordance with article 29.
(2) The Agency shall inform each of the following in writing of a decision made in accordance with article 29.
( a ) the planning authority in whose functional area the terminal is, or will be situate,
( b ) any person who has made an objection under article 19, and, (c) the National Authority for Occupational Safety and Health.
(3) A notification under sub-articles (1) and (2) shall be accompanied by a copy of the decision referred to.
(4) The Agency shall, not later than the third working day following a particular week, make available a list containing details of the decisions referred to in sub-article ( I ) given by the Agency during that week.
(5) A copy of the list referred to in sub-article (4) shall, for a period of not less than one month commencing on the date on which the decision was given
(i) be displayed in, or at, the headquarters of the Agency in a position convenient for public inspection during office hours, and,
(ii) be made available for such charge, if any, not exceeding the reasonable cost of making the copy, at the headquarters of the Agency during office hours.
(6) A copy of the list referred to in sub-article (4) may, in addition to the requirements of sub-article (5), be displayed in any other place which the Agency considers appropriate or made available for such charge, if any, not exceeding the reasonable cost of making the copy, to any person, group or body likely to be interested.
(7) A copy of the list referred to in sub-article (4) or the relevant portion of such list shall, in addition to the requirements of sub-article (5), within 7 days of the date of the giving of the decision be published in a newspaper circulating in the district in which the terminal is or will be situate.
(8) A list referred to in sub-article (4) shall, in respect of each decision on an application to which it relates, indicate
(i) the reference number given to the application to which the decision applies in the register of permits established under article 13,
(ii) the name and address of the applicant,
(iii) the location, or postal address of the terminal to which the application relates,
(iv) the nature of the Directive compliance requirement under Article 5(1), (2) and (3) as appropriate,
(v) the nature of the decision, (vi) the date of the giving of the decision, (vi) where a copy of the decision may be obtained.
PART VI
31. The Agency shall be deemed to be the’ competent authority for the purposes of the Directive and shall enforce the relevant provisions of the Regulations accordingly.
32. (1) The Agency may authorise in writing any person, hereinafter referred to as an “authorised person”, for the purposes of examination, investigation and enforcement of these regulations.
(2) Every authorised person shall be furnished with a certificate of this authorisation and when exercising any power provided by or under these Regulations, the authorised person shall, if requested by any person affected, produce the certificate to that person.
(3) An authorised person may, in respect of any terminal or mobile container:
( a ) inspect any terminal or mobile container, and such records or such documents, as the authorised person, having regard to all the circumstances, considers necessary for the purposes of these Regulations,
( b ) require from a carrier or a manager, such information as the authorised person, having regard to all the circumstances, considers necessary for the purposes of these Regulations.
FIRST SCHEDULE
Application for a permit for the satisfactory design, operation and maintenance of storage installations and/or loading and unloading equipment at a terminal in accordance with the Environmental Protection Agency Act, 1992 (Control of volatile organic compound emissions resulting from petrol storage and distribution) Regulations, 1997.
NOTE: THESE PARTICULARS ARE THE MINIMUM REQUIREMENTS FOR THE MAKING OF AN APPLICATION. ADDITIONAL INFORMATION MAY BE REQUESTED FROM THE APPLICANT AT ANY TIME PRIOR TO THE MAKING OF A DECISION ON THE APPLICATION UNDER THESE REGULATIONS.
1. Applicant ( State whether owner, licensee or person having management/control of terminal)
2. Name and address/registered office of the applicant
3. Location of terminal
4. {First Permit (Tick as appropriate)
{Renewal of Permit
State date of previous permit
5. Throughput of terminal
6. State whether application for storage installations or loading/unloading equipment or both
7. State number of bottom loading gantries
8. Is intermediate storage of vapours undertaken at terminal? (If so, provide details)
9. State proposed measurement and analysis methods and their frequency
10. State frequency of checks for leaks in connection lines and pipe installations
11. State shut down procedures for loading operations
12. State mean vapour concentration in vapour-recovery unit exhaust (to be not greater than 3 5g/Nm3)
13. State that requirements of the Environmental Protection Agency Act, 1992 (Control of volatile organic compound emissions resulting from petrol storage and distribution) Regulations, 1997 are being satisfactorily met and give brief details
14. Full fee attached (£ 5,000)
15. Copy of newspaper notice
16. Copy of the text of site notice
17. Original and five copies of application attached (tick yes/no)
Declaration
I, ————————, hereby certify that to the best of my knowledge and belief the above particulars are true and that the requirements of the Environmental Protection Agency Act, 1992 (Control of volatile organic compound emissions resulting from petrol storage and distribution) Regulations, 1997 in relation to the above named terminal have been complied with.
Date of Application
For EPA Use
Date of receipt
Seal of the Agency
SECOND SCHEDULE
Permit for the satisfactory design, operation and maintenance of storage installations and/or loading and unloading equipment at a terminal granted in compliance with the Environmental Protection Agency Act, 1992 (Control of volatile organic compound emissions resulting from the storage of petrol and its distribution) Regulations, 1997.
1. Applicant
Name and address/registered office of the company, firm or person
2. Location Of the terminal
3. {First Permit (Tick as appropriate)
{Renewal of Permit
State date of previous permit
4. EPA Register of Permits Number
5. Terminal throughput
6. Permit for storage installations ( ) or loading/unloading equipment ( ) or both( ) (Tick as appropriate)
7. Type and frequency of Measurement and analysis methods (see conditions below also)
8. Type and frequency of inspection of connection lines and pipe installations for leaks (see conditions below also)
9. Equipment and procedures to ensure the shut down of loading operations for the purposes of meeting the requirements of the Directive (see conditions below also)
10. Fee Paid in fall (£5,000))(Tick yes/no)
The Environmental Protection Agency,———————-, being the competent authority for the purposes of the Environmental Protection Agency Act, 1992 (Control of volatile organic compound emissions resulting from petrol storage and distribution) Regulations, 1997 hereby declares that the above application for the issue of a permit has been duly considered and that, subject to the conditions listed hereunder, a permit is hereby granted to ————————–with regard to the terminal located at ————————-for a period of———————- until ———————–subject to the conditions set out below.
Conditions:
0) No conditions imposed (tick if appropriate)
1)
2)
3)
Date of issue of permit
Seal of the Agency to be affixed here
THIRD SCHEDULE
REGISTER OF PERMITS
1. This register of permits is required under article 13 of these Regulations and shall be established and maintained for public inspection at the headquarters of the Agency. The register shall contain, at minimum, the following entries in respect of each application for a permit or review of a permit, as appropriate:
(1) Register reference number
(2) Name and address of the applicant, or permit holder, as the case may be
(3) The nature of the Directive compliance requirement under article 5(1), (2) and (3) as appropriate
(4) The location or postal address of the terminal to which the application relates
(5) Date of notification to the Agency under article 5(5) that throughput has fallen below specified threshold before coming into effect of deadline and request to the Agency for a derogation from Directive compliance and date and nature (upheld/refused specify) of Agency decision thereon
(6) Date of notification under article 5(7) that throughput has fallen below specified threshold and request to Agency for a cancellation of permit
(7) Date and nature of decision by Agency made under article 5(7) on request for cancellation of a permit
(8) Date on which the Agency is in receipt of the application made under article 10(1)
(9) Date on which an application is withdrawn under article 15(1)
(10) Date on which Agency notifies applicant to confirm that an application is abandoned in accordance with article 15(2)
(11) Date of notice to permit holder under article 10(5) that submission on a review of permit may be made
(12) Date of notice to applicant that application not deemed complete under article 10(10)
(13) Number, and date of receipt, of written submissions, if any, received under article 14
(14) Date, and nature (specify issued with or without conditions/refused) of proposed decision on the application under article 16(1)
(15) Date of notice under article 16(2) of extension of proposed decision period on application, specking date by which decision to be made
(16) Date of notice of proposed decision to applicant/permit holder under article
17(1) and to other bodies under article 17(2)
(17) Number, and date, of objections (if any) made under article 19(1)
(18) Date of request to party to an objection to make submission under article 21
(19) Date of notice to party to an objection to supply documents etc. under article 22
(20) Date of notice to party to an objection on withdrawal of an objection under article 23.
(21) Date of a request to hold an oral hearing under article 24(1)
(22) Date and venue of an oral hearing under article 24 and of any adjournment/resumption/reopening (specify) under article 27
(23) Date and nature (specify upheld/modification/withdrawn) of a decision on objection under article 29(1)
(24) Date of notice of decision under article 30
(25) The frequency or periods within which monitoring reports or other information are required to be submitted to the Agency by or under a condition attached to a permit.
2. Each application for a permit, shall be given a reference number in the register of permits and such number shall refer consequently to each notification given in writing to the applicant/permit holder, as appropriate, in respect of a decision on said application or, in relation to any notice in relation to an objection on a decision on said application or, on any notification required under these Regulations in relation to said application or any decision thereon.
FOURTH SCHEDULE
REQUIREMENT FOR STORAGE INSTALLATIONS AT TERMINALS
1. The external wall and roofs of tanks above ground must be painted in a colour with a total radiant heat reflectance of 70% or more. These operations may be programmed so as to be carried out as part of the usual maintenance cycles of the tanks within a period of three years.
This provision shall not apply to tanks linked to a vapour-recovery unit which conforms with the requirements set out in paragraph 2 of the Fifth Schedule. Tanks with external floating roofs must be equipped with a primary seal to cover the annular space between the tank wall and the outer periphery of the floating roof and with a secondary seal fitted above the primary seal. The seals should be designed to achieve an overall containment of vapours of 95% or more as compared to a comparable fixed-roof tank with no vapour containment controls (i.e. a fixed-roof tank with only vacuum/pressure relief valves).
3. All new storage installations at terminals where vapour-recovery is required under article 5 of the regulations must be either:
(a) fixed-roof tanks connected to the vapour-recovery unit in conformity with the requirements of the Fifth Schedule; or
(b) designed with a floating roof, either external or internal, equipped with primary and secondary seals to meet the performance requirements set out in paragraph 2 above.
Requirements for vapour containment controls mentioned in this paragraph do not apply to fixed-roof tanks at terminals where intermediate storage of vapours is permitted according to paragraph I of the Fifth Schedule.
4. Existing fixed-roof-tanks must either:
(a) be connected to a vapour-recovery unit in conformity with the requirements of the Fifth Schedule; or
(b) have an internal floating roof with a primary seal which should be designed to achieve an overall containment of vapours of 90% or more in relation to a comparable fixed-roof tank with no vapour controls.
The requirements of this paragraph shall not apply to existing (be in operation before the coming into effect of these Regulations) horizontal tanks or to existing vertical tanks with a diameter of less than 6m at terminals with a throughput of less than 10,000 tonnes per year.
Requirements for vapour-containment controls mentioned in this paragraph do not apply to fixed-roof tanks at terminals where intermediate storage of vapours is permitted according to paragraph 1 of the Fifth Schedule.
FIFTH SCHEDULE
REQUIREMENTS FOR LOADING AND UNLOADING INSTALLATIONS AT TERMINALS
1. Displacement vapours from the mobile container being loaded must be returned through a vapour tight connection line to a vapour-recovery unit for regeneration at the terminal.
This provision does not apply to top-loading tankers where a top-loading system is permitted.
At terminals which load petrol onto vessels, a vapour incineration unit may be substituted for a vapour-recovery unit if vapour-recovery is unsafe or technically impossible because of the volume of return vapour. The requirements concerning atmospheric emissions from the vapour-recovery unit shall also apply to the vapour incineration unit.
At terminals with a throughput of less than 25,000 tonnes per year, intermediate storage of vapours may be substituted for immediate vapour-recovery at the terminal.
2. The mean concentration of vapours in the exhaust from the vapour-recovery unit corrected for dilution during treatment must not exceed 35 g/normal cubic metre (Nm3) for any one hour.
Measurements must be made over the course of one fall working day (seven hours minimum) of normal throughput.
Measurements may be continuous or discontinuous. If discontinuous measurements are employed, at least four measurements per hour must be made.
The overall measurement error due to the equipment used, the calibration gas and the procedure used must not exceed 10% of the measured value.
The equipment used must be capable of measuring concentrations at least as low as 3g/Nm3.
The precision must be at least 95% of the measured value.
3. The competent authority shall ensure that the connection lines and pipe installations are checked regularly for leaks.
4. Competent authorities shall ensure that loading operations are shut down at the gantry in the case of a leak of vapour. Equipment for such shutdown operations must be installed at the gantry.
5. Where top-loading of mobile containers is permitted, the outlet of the loading arm must be kept near the bottom of the mobile container, in order to avoid splash loading.
SIXTH SCHEDULE
REQUIREMENTS FOR LOADING AND STORAGE AT TERMINALS AND SERVICE STATIONS WHERE THE INTERMEDIATE STORAGE OF VAPOURS IS CARRIED OUT
Vapours displaced by the delivery of petrol into storage installations at terminals and into storage tanks at service stations and in fixed roof tanks used for the intermediate storage of vapours must be returned through a vapour-tight connection line to the mobile container delivering the petrol.
Loading operations may not take place unless these arrangements are in place and properly functioning.
SEVENTH SCHEDULE
SPECIFICATIONS FOR BOTTOM-LOADING, VAPOUR COLLECTION AND OVERFILL PROTECTION OF EUROPEAN ROAD TANKERS
1. Couplings
1.1 The liquid coupler on the loading arm must be a female coupler which must mate with a 4 inch API (101.6mm) male adapter located on the vehicle as defined by:
API Recommended Practice 1004
Seventh Edition, November, 1988.
Bottom loading and vapour-recovery for MC-306 tank motor vehicles (Section 2.1.1.1 – Type of adapter used for bottom loading).
1.2 The vapour-collection coupler on the loading-gantry vapour-collection hose must be a cam-and-groove female coupler which must mate with a 4 inch (101.6mm) cam-and-groove male adapter located on the vehicle as defined by:
API Recommended Practice 1004
Seventh Edition, November, 1988.
Bottom loading and vapour-recovery for MC-306 tank motor vehicles (Section 4.1.1.2 -Vapour-recovery adapter).
2. Loading Conditions
2.1 The normal liquid-loading rate must be 2,300 litres per minute (maximum 2,500 litres per minute) per loading arm.
2.2 When the terminal is operating at peak demand, its loading gantry vapour collection system, including the vapour-recovery unit, is allowed to generate a maximum counter-pressure of 55 millibar on the vehicle side of the vapour-collection adapter.
2.3 All approved bottom-loading vehicles will carry an identification plate which Specifies the maximum permitted number of loading arms which must be operated simultaneously whilst ensuring that no vapours are released via the compartment P and V valves, when the maximum plant back pressure is 55 millibar as specified in 2.2.
3 Connection of vehicle earth/overfill detection
The loading gantry must be equipped with an overtime detection control unit which, when connected to the vehicle, must provide a failsafe permission signal to enable loading, providing no compartment-overfill sensors detect a high level.
3.1 The vehicle must be connected to the control unit on the gantry via a 10-pin industry standard electrical connector. The male connector must be mounted on the vehicle and the female connector must be attached to a flying lead connected to the gantry-mounted control unit.
3.2 The high level detectors on the vehicle must be either 2-wire thermistor sensors, 2-wire optical sensors, 5-wire optical sensors or a compatible equivalent, provided the system is failsafe. Thermistors must have a negative temperature coefficient.
3.3 The gantry control unit must be suitable for both 2-wire and 5-wire vehicle systems.
3.4 The vehicle must be bonded to the gantry via the common return wire of the overfill sensors, which must be connected to pin 10 on the male connector via the vehicle chassis. Pin 10 on the female connector must be connected to the control unit enclosure which must be connected to the gantry earth.
3.5. All approved bottom-loading vehicles must carry an identification plate (see 2.30 which specifies the type of overfill-detection sensors installed (i.e. 2—wire or 5-wire).
4. Location of the connections
4.1 The design of the liquid-loading and vapour collection facilities on the loading gantry must be based on the following vehicle-connection envelope.
4.1.1 The height of the centre line of the liquid adapters must be; maximum 1.4 metres (unladen); minimum 0.5 metres (laden), the preferred height being 0.7 to 1.0 metres.
4.1.2 The horizontal spacing of the adapters must be not less than 0.25 metres (preferred maximum spacing is 0.3 metres).
4.1.3 All liquid adapters must be located within an envelope not exceeding 2.5 metres in height.
4.1.4 The vapour-collection adapter should be located preferably to the right of the liquid adapters and at a height not exceeding 1.5 metres (unladen) and not less than 0.5 metres (laden).
4.2 The earth/overfill connector must be located to the right of the liquid and vapour-collection adapters and at a height not exceeding 1.5 metres (unladen) and not less than 0.5 metres (laden).
4.3 The above connections must be located on one side of the vehicle only.
5. Safety interlocks
5.1. Earth/Overfill detection
Loading must not be permitted unless a permissive signal is provided by the combined earth/overfill control unit.
In the event titan overfill condition or a loss of vehicle earth, the control unit on the gantry must close the gantry-loading control valve.
5.2. Vapour-collection detection
Loading must not be permitted unless the vapour-collection hose has been connected to the vehicle and there is a free passage for the displaced vapours to flow from the vehicle into the plant vapour-collection system.
Given under the Official Seal of the Minister for the Environment and Local Government
this 10th, day of September, 1997
Noel Dempsey
Minister for the Environment
and Local Government
EXPLANATORY NOTE
These Regulations transpose elements of Directive 94/63/EC into Irish law to introduce controls on volatile organic compound emissions resulting from petrol storage and distribution at terminals. The Regulations provide for the operation of a system of permits by the Environmental Protection Agency. Other provisions of Directive 94/63/EC are transposed by the AIR POLLUTION ACT, 1987 (PETROLEUM VAPOUR EMISSIONS) REGULATIONS, 1997. ( S.I. No. 375 of 1997 )
S.I. No. 374/1997 –
Environmental Protection Agency Act, 1992 (Control of Volatile Organic Compound Emissions Resulting From Petrol Storage and Distribution) Regulations, 1997
ENVIRONMENTAL PROTECTION AGENCY ACT, 1992 (CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS RESULTING FROM PETROL STORAGE AND DISTRIBUTION) REGULATIONS, 1997
INDEX
PART I
PRELIMINARY AND GENERAL
1.
Citation
2.
Commencement
3.
References
4.
Definitions
PART II
DUTIES OF VARIOUS PERSONS
5.
Duty of permit holder under the Directive compliance dates
6.
Duty to apply for a permit
7.
Duty of a carrier and permit holder obligations thereto
PART III
APPLICATION FOR A PERMIT
8.
Granting of permit by Agency duration, form, requirements
9.
Notice of intention to apply newspaper and site notices
10.
Making an application and Agency reviews
11.
Fees for making an application
12.
Procedure on receipt of an application notice to certain bodies
13.
Establishment of a register of applications/permits
PART IV
CONSIDERATION OF APPLICATIONS
14.
Making of submissions on an application
15.
Withdrawal of an application
16.
Decisions on an application
17.
Notice and publication of proposed decisions
18.
Availability of documents
PART V
OBJECTIONS
19.
Form and content of an objection
20.
Circulation of objections
21.
Power of the Agency to request submissions by objectors
22.
Power of the Agency to request submission of documents, particulars or information by an objector.
23.
Withdrawal of objections
24.
Notification of oral hearings
25
Procedure at oral hearings
26.
Power to require attendance at oral hearings
27.
Adjournment or reopening of oral hearings
28.
Other matters may be taken into account by the Agency
29.
Decision by Agency on objections
30.
Notice and publication of decisions on objections
PART VI
ENFORCEMENT, OFFENCES, PROSECUTIONS
31.
Agency empowered to be competent authority
32.
Authorised persons
FIRST SCHEDULE – FORM OF APPLICATION FOR A PERMIT
SECOND SCHEDULE – FORM OF PERMIT
THIRD SCHEDULE – FORM OF REGISTER OF PERMITS
FOURTH SCHEDULE – REQUIREMENTS FOR STORAGE INSTALLATIONS AT TERMINALS
FIFTH SCHEDULE – REQUIREMENTS FOR LOADING AND UNLOADING INSTALLATIONS AT TERMINALS
SIXTH SCHEDULE – REQUIREMENTS FOR LOADING AND STORAGE AT TERMINALS AND SERVICE STATIONS WHERE THE INTERMEDIATE STORAGE OF VAPOURS IS CARRIED OUT
SEVENTH SCHEDULE – SPECIFICATIONS FOR BOTTOM LOADING, VAPOUR COLLECTION AND OVERFILL PROTECTION OF EUROPEAN ROAD TANKERS
S.I. No. 374 of 1997.
Environmental Protection Agency Act, 1992 (Control of volatile organic compound emissions resulting from petrol storage and distribution) Regulations, 1997.
The Minister for the Environment and Local Government in exercise of the powers conferred on him by Sections 6 , 11 , 13 and 53 of the Environmental Protection Agency Act, 1992 (No. 7 of 1992) and for the purposes of giving effect to the provisions of Directive 94/63/EC(1) on the control of volatile organic compound emissions resulting from the storage of petrol and its distribution between terminals or from terminals to service stations, hereby makes the following Regulations.
(1) O. J. NO L 365/24 of 31 December 1994
PART I
1. These Regulations may be cited as the Environmental Protection Agency Act, 1992 (Control of volatile organic compound emissions resulting from petrol storage and distribution) Regulations, 1997.
2. These. Regulations shall come into operation on the 1st day of October, 1997.
3. (1) In these Regulations, any reference to an. article or schedule which is not otherwise identified is a reference to an article or schedule of these Regulations.
(2) In these Regulations, any reference to a sub-article or paragraph which is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs.
4. In these Regulations:
(1) a word or phrase which has been assigned a meaning by the Directive has that meaning except where otherwise indicated;
“the Agency” means the Environmental Protection Agency established by the Minister under the Environmental Protection Agency (Establishment) Order, 1993;
“applicant” means an applicant for a permit or for a review of a permit, as appropriate, under these Regulations and shall be construed accordingly;
“application” means an application for a permit or for a review of a permit, as appropriate, under these Regulations and shall be construed accordingly;
“carrier” means,
( a ) in relation to mobile containers carried by road, a person who is the registered owner of a composite vehicle, articulated vehicle, tank trailer, or tank semi-trailer, comprising one or more fixed or demountable tanks or of any other vehicle used for the conveyance or delivery of petrol to or from a storage installation at a terminal or a storage tank at a service station, and,
( b ) in relation to mobile containers carried otherwise than by road, every person carrying petrol in a tank by rail or by waterways;
“the Directive” means Council Directive 94/63/EC;
“existing petrol storage installations, loading installations, service stations, mobile containers and terminals” means such installations, service stations, mobile containers and terminals which were in operation before the coming into operation of these Regulations;
“harbour authority” has the same meaning as in the Harbours Act, 1946 ;
“local authority” means for the purposes of these Regulations:
( a ) the council of a county, or
( b ) the corporation of a county or other borough;
“manager” means the person having the general management and control of a terminal;
“mobile container” means:
( a ) any tank used, solely or in part, for the transfer of petrol from one terminal to another or from a terminal to a service station by road by a composite vehicle, articulated vehicle, tank trailer, or tank semi-trailer, comprising one or more fixed or demountable tanks or by any other vehicle used for the conveyance or delivery of petrol to or from a storage installation at a terminal or a storage tank at a service station, and,
( b ) any tank used, solely or in part, for the transfer of petrol from one terminal to another or from a terminal to a service station by rail or by waterways;
“new petrol storage installations, loading installations, service stations, mobile containers and terminals” means such installations, service stations, mobile containers and terminals other than existing installations, service stations, mobile containers and terminals;
‘”objection” means an objection made under article 19 of these Regulations;
“objector” means a person who makes an objection under article 19 of these Regulations;
“oral hearing” means an oral hearing held by the Agency under article 24 of these Regulations;
“party to the objection” means
(i) an objector, or
(ii) the applicant for a permit, or the permit holder in the case of a review of a permit, in relation to which an objection is made by another person (other than a person acting on behalf of the applicant or permit holder, as appropriate)
and “party” shall be construed accordingly;
“permit” means, for the purposes of these Regulations, a statement by the Agency in the form set out in the Second Schedule that it is satisfied that a terminal complies with the appropriate requirements of the Directive and a reference to a permit shall include a first permit or a review of a permit, as appropriate;
“petrol” means any petroleum derivative, with or without additives, having a reid vapour pressure of 27.6 kilopascals or more, which is intended for use as a fuel for motor vehicles, except liquefied petroleum gas (LPG);
“rail tanker” means a mobile container used solely, or in part, for the transport of petrol by rail;
“road tanker” means a mobile container used solely, or in part, for the transport of petrol by road;
“throughput” means the largest total annual quantity of petrol loaded from a storage installation at a terminal into mobile containers or vice versa during the three preceding years before the appropriate dates for compliance with the requirements of article 5.
(2) Where a requirement of or under these Regulations requires submissions or observations to be made, or documents, particulars or other information to be submitted, to the Agency within a specified period and the last day of that period is a Saturday, a Sunday, a public holiday (within the meaning of the Holidays (Employees) Act, 1973 ) or any other day on which the offices of the Agency are closed, the submissions or observations, or documents, particulars or other information, as the case maybe, shall be regarded as having been received before the expiration of that period if received by the Agency on the next following day on which the offices of the Agency are open.
PART II
5. (1) It shall be the duty of the owner of a terminal with regard to its design and the duty of the manager of a terminal with regard to its operation to ensure that petrol storage installations at terminals shall be designed, operated and maintained, as appropriate, in accordance with the Fourth Schedule and that equipment for the purpose of loading petrol into, or unloading petrol from, mobile containers at terminals shall be designed, operated and maintained, as appropriate, in accordance with the requirements of the Fourth and Seventh Schedules and, where intermediate storage of vapours is permitted by the Fifth Schedule, with the further requirements of the Sixth Schedule.
(2) Sub-article (1) shall apply as regards the design, operation and maintenance, as appropriate, of storage installations at terminals:
(i) from the first day of January, 1998 in the case of new installations;
(ii) from the thirty first day of December, 1998 in the case of existing installations where the throughput loaded into or from mobile containers at a terminal is greater than 50,000 tons per year;
(iii) from the thirty first day of December, 2001 in the case of existing installations where the throughput loaded into or from mobile containers at a terminal is greater than 25,000 tons per year;
(iv) from the thirty first day of December, 2004 in the case of all other existing storage installations at terminals.
(3) Sub-article (1) shall apply as regards the design, operation and maintenance, as appropriate, of equipment for the purpose of loading petrol into, or unloading petrol from, mobile containers at terminals:
(i) from the first day of January, 1998 in the case of new terminals for loading petrol into, or unloading petrol from road tankers, rail tankers and/or vessel;
(ii) from the thirty first day of December, 1998 in the case of existing terminals for loading petrol into, or unloading petrol from, road tankers, rail tankers and/or vessels where the throughput is greater than 150,000 tons per year;
(iii) from the thirty first day of December, 2001 in the case of existing terminals for loading petrol into, or unloading petrol from, road tankers, rail tankers and/or vessels where the throughput is greater than 25,000 tons per year;
(iv) from the thirty first day of December, 2004 in the case of all other existing loading installations at terminals for loading petrol into, or unloading petrol from, road tankers and rail tankers.
(4) Sub-article (3) shall not apply to existing terminals with a throughput of less than 10,000 tons per year, or to new terminals with a throughput of less than 5,000 tons per year located in small remote islands.
(5) The Agency, may, in its discretion, and upon a request in writing from a manager not later than six months before the coming into operation of the appropriate dates under sub-articles (2) or (3), as appropriate, unless the date of compliance is specified as the first day of January, 1998 in which case not later than six weeks prior to that date, decide that in a case where the throughput at a terminal prior to the coming into operation of these Regulations or prior to compliance with any requirements required by any appropriate dates contained therein would, but for the provisions of this sub-article, require compliance by such terminal with any or all of sub-articles (1), (2) and (3), as appropriate, but that where current throughput at the time of mandatory application for a permit required under article 6 has been reduced to below the appropriate thresholds set out in sub-articles (2) and (3), and where the Agency is satisfied that there will be no future increase in through put for the maximum period of a permit required under article 8 for that terminal had it been subject to compliance with any or all of sub-articles (1), (2) and (3), as appropriate, the said terminal shall not be deemed to be a terminal requiring to comply with the provisions of this article until and unless the throughput subsequently increases to require compliance with any or all of sub-articles (1), (2) and (3), as appropriate.
(6) Where a permit has been granted but operations at the permitted terminal have not commenced within three years after the date on which the permit was granted, or have ceased for a period of not less than three years after the grant of a permit, the permit shall cease to have effect provided all matters required to be undertaken as part of, or as a consequence to, the permit have been completed to the satisfaction of the Agency.
(7) Where a terminal has obtained a permit but subsequent to the grant of the permit and within the duration of the permit in accordance with article 8, the throughput at the permitted terminal falls below the appropriate thresholds under sub-articles (2) or (3), as appropriate, the permit holder may notify the Agency in writing of the reduced throughput and may request a cancellation of the permit.
(8) From the thirty first day of December, 2004, the requirements for bottom loading equipment set out in the Seventh Schedule shall apply to all road tanker loading gantries at all terminals other than terminals referred to in sub-article (4)
(9) All terminals, other than terminals referred to in sub-article (4), with loading facilities for road tankers, shall be equipped with not less than one gantry which meets the specifications for bottom loading equipment set out in the Seventh Schedule, in accordance with the appropriate dates set out in sub-article (3).
6. It shall be the duty of a manager to obtain from the Agency a permit stating that article 5 (1), (2), (3), (8) and (9), as appropriate, have been complied with to the Agency’s satisfaction.
7. (1) It shall be the duty of a carrier:
( a ) to satisfy himself/herself that a current, valid permit has been granted under article 8 prior to loading petrol into his/her mobile container, or unloading petrol from his/her mobile container, at a terminal, and,
( b ) to keep available a record of the date, time and quantity of all loading and unloading of petrol made at terminals from the date of loading or unloading for a period of not less than one calendar month for production upon the request of an authorised person.
(2) It shall be the duty of a manager:
( a ) to produce a permit granted under article 8 upon request to do so by a carrier, prior to the loading of petrol into a mobile container, or the unloading of petrol from a mobile container, at a terminal,
( b ) to display for the purposes of inspection a copy of the permit, granted under article 8, in a prominent position within the cartilage of the terminal.
PART III
8. (1) The Agency may grant a permit, with or without conditions, for a period of not more than three years, or may refuse to grant a permit for a terminal under this article.
(2) A permit granted under this article shall contain the particulars set out in the Second Schedule and such other particulars or conditions as the Agency may deem appropriate.
9. (1) The applicant for a permit shall:
( a ) within a period of two weeks prior to the making of application, publish in a newspaper circulating in the district in which the terminal is or will be situate notice of the intention to make the application in accordance with sub-article (2) and,
( b ) not later than the making of the application, give notice of the application by the erection or fixing of a notice on the land or structure concerned, hereinafter referred to as a “site notice”, in accordance with sub-articles (3), (4), and (5).
(2) A notice published in a newspaper pursuant to sub-article (1)(a) shall contain as a heading the words “APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR A PERMIT and shall
(i) give the name and address of the applicant,
(ii) state the location or postal address of the terminal to which the application relates,
(iii) state that a copy of the application may be inspected at or obtained from the headquarters of the Agency.
(3) A site notice erected or fixed pursuant to sub-article (1)(b) on any land or structure shall—
(i) be painted or inscribed, or printed and affixed, on a durable material,
(ii) be securely erected or fixed in a conspicuous position—
( a ) on or within five metres of the main entrance to the terminal from a public road,
( b ) on any other part of the land or structure adjoining a public road and shall be so erected or fixed and the text shall be so painted, inscribed or printed that the notice shall be capable of being read by persons using the said public road,
( c ) where the terminal to which an application relates does not adjoin a public road, a site notice shall be erected or fixed in a conspicuous position on the land or structure so as to be easily visible and legible by persons outside the land or structure.
(4) A site notice erected or fixed on any land or structure pursuant to sub-article (1) shall be headed “APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR A PERMIT” and shall—
(i) give the name and address of the applicant,
(ii) state the location or postal address of the terminal to which the application relates,
(iii) state that a copy of the application may be inspected at or obtained from the headquarters of the Agency.
(5) A site notice in accordance with this article shall be maintained in position for at least one month after the making of an application, and shall be renewed or replaced if it is removed or becomes defaced or illegible within the period during which it is required to be displayed.
(6) Where
( a ) a period of more than two weeks has elapsed between the publication in a newspaper of a notice in accordance with sub-article (1) and the making of the relevant application, or,
( b ) it appears to the Agency that any notice published or given in pursuance of sub-article (1)
(i) if published in a newspaper, does not comply with the provisions of sub-article(2), or,
(ii) if erected or fixed on any land or structure, does not comply with the provisions of sub-articles (3), (4) or (5), as appropriate, or,
(iii) in either case, because of its content or for any other reason, is misleading or inadequate for the information of the public,
the Agency shall require the applicant to publish, erect or fix such further notice in such manner, whether in a newspaper or otherwise, in such terms as it may specify and to submit to it such evidence as it may specify in relation to compliance with any such requirement.
10. (1) An application for a permit under article 6 shall be made to the Agency in the form set out in the First Schedule:
( a ) in the case of an initial application not later than six months prior to the dates set out in article 5 (2) or (3), as appropriate, unless the date of compliance is specified as the first day of January, 1998 in which case not later than six weeks prior to that date, and,
( b ) in the case of an application for review of the permit not less than six months before the expiry date stated on the most recent permit granted by the Agency unless a terminal has subsequently increased its throughput so as to require a first permit under articles 5(2) or (3), as appropriate, for that size of terminal by the appropriate date set out in those articles.
(2) A permit may be reviewed at anytime by the Agency with the consent of, or at the behest of, the manager.
(3) The Agency may review a permit at any time where it has reason to believe that a provision of, or a condition attached to, a permit has been breached or where it considers that any emission from the terminal to which the permit relates constitutes a significant risk of environmental pollution.
(4) Where the Agency proposes to review a permit under the provisions of sub-article (2) it shall require the applicant for review of a permit to publish a notice of the Agency’s intention to review a permit in a newspaper circulating in the district in which the terminal is or will be situate within one week of the date of notification to that effect by the Agency to the applicant.
(5) Where the Agency proposes to review a permit under the provisions of sub-article (3) it shall serve notice in writing to the manager indicating that a submission relating to the review may be made in writing to the Agency within one month of the date of receipt of such notice.
(6) A notice served pursuant to sub-article (5) may require the manager to submit such plans, documents, drawings, maps, evidence or other information and particulars as the Agency considers necessary for the purpose of the review.
(7) Where the manager holder fails or refuses to comply with any requirement of the Agency under sub-article (6) within one month from the date of the notice the Agency may, notwithstanding such failure or refusal, proceed with its proposed decision of the review.
(8) Every notice published in accordance with sub-article (4) shall indicate the reference number given to the permit in the register of permits, established under article 15.
(9) An application shall not be deemed valid unless it contains a signed original and five copies of the full application in accordance with sub-article (1).
(10) Where the Agency considers that an application does not comply with the requirements of sub-article (1), it may, as it considers appropriate, having regard to the extent of the failure to comply with the said requirements, by notice in writing
(i) inform the applicant of such failure of compliance and that the application cannot be considered by the Agency, or
(ii) require the applicant to furnish such further particulars, plans, drawings, maps or copies as may be necessary to comply with the said requirements, or,
(iii) determine the application having regard to the material furnished therewith.
11. The fee for the making of an application for a permit under article 10 shall be decided at the Agency’s discretion and taking into account the size, nature and complexity of the application.
12. (1) The Agency shall notify the bodies set out in this article, of the receipt of an application as soon as is practicable after its receipt:
( a ) the National Authority for Occupational Safety and Health,
( b ) the planning authority in whose functional area the terminal is, or will be, located,
( c ) any harbour authority in whose functional area the terminal is, or will be, located.
(2) The Agency shall, by not later than the third working day following a particular week, make .available a list of the applications.
(3) The list referred to in sub-article (2) shall, for a period of not less than two months
(i) be displayed in or at the headquarters of the Agency in a position convenient for public inspection during office hours, and
(ii) be made available for such charge, if any, not exceeding the reasonable cost of making a copy thereof, at the headquarters of the Agency during office hours.
(4) The list referred to in sub-article (2) shall, in respect of each application to which it relates, indicate
(i) the reference number given to the application in the register of permits established under article 13,
(ii) the name and address of the applicant,
(iii) the location or postal address of the terminal to which the application relates,
(iv) the date of receipt of the application, and,
(v) where a copy of the application may be obtained.
13. (1) Every application for a permit under these Regulations shall be recorded by the Agency in a register to be established by the Agency in the format set out in the Third Schedule and shall be given a reference number therein.
(2) The register specified in sub-article (1) shall be available for public inspection at the headquarters of the Agency during office hours.
(3) A copy of an entry in the register specified in sub-article (1) shall be issued to a person requesting it on the payment by him or her to the Agency of such fee as the Agency shall fix not exceeding the reasonable cost of making the copy.
PART IV
14. Any person may make a submission in writing with regard to an application at any time prior to the making of a proposed decision on an application by the Agency under article 16.
15. (1) An application for a permit may be withdrawn at any time before the making of a decision by the Agency on the application.
(2) Where the Agency is of the opinion that an application has been abandoned it may give to the applicant a notice stating that fact and requiring that person within a period specified in the notice (being a period of not less than fourteen or not more than twenty-eighth days beginning on the date of the giving of the notice), to make to the Agency a submission in writing as to why the application should not be regarded as having been withdrawn.
(3) Where a notice has been given under sub-article (2), the Agency may, at any time after the expiration of the period specified in the notice, and after considering the submission, if any, made to the Agency pursuant to the notice, declare that the application to which the notice relates shall be regarded as having been withdrawn.
(4) Where pursuant to this article the Agency declares that an application is to be regarded as having been withdrawn, any submission made under article 14 shall not be further considered by the Agency.
16. (1) The Agency may upon an application being made under article 10 of these Regulations decide to grant, with or without conditions, or to refuse to grant,
( a ) a permit, not later than the dates set out in articles 5(2) or (3), as appropriate, in the form set out in the Second Schedule, or
( b ) a reviewed permit, not later than four months after the date of receipt of an application
and such decision shall hereinafter be referred to as the “proposed decision”.
(2) Where it appears to the Agency that it would not be possible or appropriate, because of the particular circumstances of an application, to decide on an application, in accordance with the provisions of sub-article (1), the Agency shall give notice in writing of the reasons why it would not be possible or appropriate, as the case may be, to do so and shall specify the date before which the Agency intends to canny out such procedures to the following:
( a ) the applicant or permit holder, as appropriate,
( b ) the planning authority in whose functional area the terminal is or will be situate,
( c ) where in the Agency’s discretion it deems practicable, every person who has made written submissions on the application under article 14.
(3) Where a notice has been given under sub-article (2), the Agency shall take all such steps as are open to it to ensure that the procedures are carried out before the date specified in the notice.
(4) In determining an application for a permit the Agency may impose conditions that connection lines and pipe installations at terminals are regularly inspected for leaks and that equipment for, and procedures to ensure, the shut down of loading operations are installed for the ‘purposes of meeting the requirements of the Fifth, Sixth and Seventh Schedules.
17. (1) The Agency shall inform the applicant in writing of its proposed decision on an application.
(2) The Agency shall inform in writing the bodies prescribed in article 12 of its proposed decision.
18. (1) The Agency shall make the documents or other items specified in sub-article (2) available for public inspection during office hours, other than such information contained in the application and other documents or items submitted in accordance with sub-article (2) as the Agency may determine, at the headquarters of the Agency from as soon as may be after receipt of the documents or other items until one month after the date on which the proposed decision is given.
(2) The following are specified for the purposes of sub-article (1)—
( a ) an application,
( b ) such other notices as are given by the Agency under these regulations in respect of the application,
( c ) such information, particulars, plans, drawings, maps, evidence, notices, objections, submissions, views or observations as were received or obtained by the Agency from the applicant or permit holder, as appropriate, or from any other person in accordance with these Regulations in respect of the application,
( d ) any written submissions received by the Agency upon the application,
( e ) copy of the proposed decision.
(3) Copies of the documents or other items specified in sub-article (2) shall be available during office hours for such charge, if any, as the Agency may fix not exceeding the reasonable cost of making a copy, from the time of receipt of
same by the Agency.
PART V
19. (1) Subject to the provisions of sub-article (2) any person may make an objection, in writing, to the Agency’s proposed decision on an application, within one month commencing on the date of the notification by the Agency of the proposed decision.
(2) An objection, under sub-article (1) shall—
( a ) be made in writing,
( b ) state the name and address of the objector,
( c ) state the reference number of the application in the register of permits established under article 13 and the subject matter of the objection,
( d ) state the grounds for the objection and the reasons, considerations and arguments on which they are based, and
( e ) be accompanied by a fee of £200
(3) Without prejudice to article 21 an objector shall not be entitled to elaborate in writing upon, or make further submissions in writing in relation to, the grounds for the objection stated in the objection or to submit further grounds of objection and any such elaboration, submission, or further grounds for the objection that is or are received by the Agency shall not be considered by it.
(4) An objection shall be accompanied by such documents, particulars or other information relating to the objection as the objector considers necessary or appropriate.
(5) An objection shall be made –
( a ) by sending the objection by prepaid post to the headquarters of the Agency, or
( b ) by leaving the objection with an employee of the Agency at the headquarters of the Agency during office hours.
(6) The Agency shall as soon as may be after receipt of an objection acknowledge such receipt.
(7) Where no objection is made under this article the Agency shall be bound by its proposed decision to grant, with or without conditions, or to refuse to grant, a permit and shall confirm its proposed decision as its final decision.
20. (1) The Agency shall, as soon as may be after receipt of an objection, give a copy thereof to each party to the objection.
(2) Each other party to the objection may make submissions in writing to the Agency in relation to the objection within a period of one month beginning on the day on which a copy of the objection is sent to that party by the Agency.
(3) Any submissions received by the Agency after the expiration of the period mentioned in sub-article (2) shall not be considered by the Agency.
(4) Where no submissions have been received from a party to an objection within the period mentioned in sub-article (2), the Agency may without further notice to that party consider the objection.
(5) Without prejudice to article 21, a party to the objection shall not be entitled to elaborate in writing upon any submissions made in accordance with sub-article (2) or make any further submissions in writing in relation to the objection and any such elaboration or submission that its received by the Agency shall not be considered by it.
21. Where the Agency is of the opinion that, in the particular circumstances of an objection, it is appropriate in the interests of justice, to request a party to the objection to make submissions in relation to any matter which has arisen in relation to the objection, the Agency may, in its discretion, notwithstanding articles 19(3) and (5), 20(5) and 28(4), give notice under this article
( a ) requesting that party, within a period specified in the notice (not being less than fourteen or more than twenty-eight days beginning on the date of the giving of the notice) to make to the Agency a submission in writing in relation to the matter in question, and,
( b ) stating that, if a submission in writing is not received before the expiration of the period specified in the notice, the Agency will, after the expiration of that period and without farther notice to the party, proceed with its consideration of the objection and make a decision on the application.
22. Where the Agency is of the opinion that any document, particulars or other information is or are necessary for the purposes of enabling it to consider an objection, the Agency may give to any party to the objection a notice under this article—
( a ) requiring that party, within a period specified in the notice (being a period of not less than fourteen or more than twenty-eight days beginning on the date of the giving of the notice) to submit to the Agency such document, particulars or other information (which document, particulars or other information shall be specified in the notice), and
( b ) rating that, in default of compliance with the requirements of the notice, the Agency will, after the expiration of the period so specified and without further notice to the party, make a decision on the application.
23. (1) Where the Agency is of the opinion that an objection has been abandoned, it may give to the party who made the objection a notice stating that fact and requiring that party, within a period specified in the notice (being a period of not less than fourteen or more than twenty-eight days beginning on the date of the giving of the notice), to make to the Agency a submission in writing as to why the objection should not be considered as having been withdrawn.
(2) Where a notice has been given under sub-article (1), the Agency may, at any time after the expiration of the period specified in the notice, and after considering the submission, if any, made to the Agency pursuant to the notice, declare that the objection to which the notice relates shall be regarded as having been withdrawn.
24. (1) Any person who has made an objection in accordance with article 19 to a proposed decision made by the Agency may request an oral hearing by the Agency within one month commencing on the date of the notification by the Agency of the proposed decision and such request shall contain the name and address of the person, the subject matter of, and the full grounds for, the request for an oral hearing, and be accompanied by a fee of £100
(2) The Agency shall have an absolute discretion to hold, or to refuse to hold, an oral hearing. Where the Agency decides to hold an oral hearing it shall give the following persons not less than seven days notice in writing of the time and place of the oral hearing or such shorter notice as may be accepted by all parties—
(i) the applicant, or the permit holder, as appropriate,
(ii) the planning authority in whose functional area the terminal is or will be situate, and,
(iii) all those from whom objections under article 19 were received.
(3) The Agency may, at any time before the opening of an oral hearing, alter the time or place of the opening of an oral hearing and, in the event of such alteration, the Agency shall give the persons specified in sub-article (2) not less than seven days notice in writing of the new time and place or such shorter notice as may be accepted by any such persons.
25. (1) A person appointed to conduct an oral hearing shall have discretion as to the conduct of the hearing and in particular shall
( a ) conduct the hearing without undue formality,
( b ) permit any party to the objection, the planning authority in whose functional area the terminal is or will be situate, or such employee of the Agency as the Agency may decide, to appear in person or to be represented by another person,
( c ) decide the order of appearance of persons to be heard.
(2) Where the Agency has given notice in accordance with article 28(2) of its intention to take into account matters ‘other than those raised by the parties to the objection, the parties shall be permitted, if present, to make submissions in relation to the said matters to the person conducting the oral hearing.
(3) A person appointed by the Agency to conduct an oral hearing shall be appointed in writing by the Agency to be an authorised person for the purposes of these Regulations.
26. (1) Subject to sub-article (2), the person appointed to conduct an oral hearing may, by giving notice in that behalf in writing to any party to the objection, such employee of the Agency as the Agency may decide or the planning authority in whose functional area the terminal is or will be situate, require that party, employee or authority to attend at such time and place as is specified in the notice and to produce any documents, particulars, or other information in his/her or its possession, custody or control.
(2) The following provisions shall have effect for the purposes of sub-article (1)—
( a ) it should not be necessary for a person to attend in compliance with a notice at a place more than ten miles from a person’s ordinary place of residence unless such sum as will cover the reasonable and necessary expenses of the attendance has been paid or tendered to that person;
( b ) the Agency shall pay or tender to any person whose attendance is required such sum as the Agency, following consultation with the person appointed to conduct the oral hearing, considers will cover the reasonable and necessary expenses of the attendance;
( c ) any person who in compliance with a notice has attended at any place shall, save insofar as the reasonable and necessary expenses of the attendance have already been paid to that person, be paid those expenses by the Agency, and those expenses, save as aforesaid, shall, in default of being so paid, be recoverable as a simple contract debt in any court of competent jurisdiction.
(3) A person to whom a notice under sub-article (1) has been given shall not refuse or wilfully neglect to attend in accordance with the notice or shall not wilfully alter, suppress, conceal or destroy any documents, particulars or other information to which the notice relates or having so attended shall not refuse or wilfully fail to produce any documents, particulars or other information to which the notice relates.
(4) A person appointed to conduct an oral hearing may require an officer of the harbour authority, local authority, sanitary authority or planning authority concerned to provide any information which that person reasonably requires for the purpose of the hearing, and it shall be the duty of the officer concerned to comply with the requirement.
27. (1) Subject to sub-articles (2) and (3), the person appointed to conduct an oral hearing may—
( a ) adjourn or resume the oral hearing,
( b ) having obtained the consent of the Agency, reopen the hearing, or,
( c ) notwithstanding that any party to the objection has failed to attend a hearing, proceed with the hearing.
(2) Notice of the time and place of an oral hearing that has been adjourned indefinitely or the reopening of an oral hearing shall be given in writing by the Agency to the persons specified in article 24(2) not less than seven days before the said time or such shorter period as may be accepted by all such persons.
(3) Unless the Agency considers it expedient to do so and so directs, an oral hearing shall not be reopened after the report thereon has been made to the Agency.
(4) If, for any reason, the person appointed to conduct an oral hearing is unable or fails to conduct, or to complete the conduct of, an oral hearing or, for any reason, is unable or fails to furnish a written report on an oral hearing to the Agency, the Agency may appoint another person to conduct the oral hearing or to conduct a new oral hearing.
28. (1) The Agency may in considering an objection take into account matters other than those raised by a party to the objection.
(2) The Agency shall give notice in writing to each party to the objection of the matters that it proposes to take into account under sub-article (1) and shall indicate in that notice
( a ) in a case where the Agency proposes to hold in oral hearing of an objection, or where an oral hearing of the objection has been concluded and is reopened in accordance with article 27(1), that submissions in relation to the said matters maybe made to the person appointed to conduct the oral hearing, or,
( b ) in a case where the Agency does not propose to hold an oral hearing of the objection, or where an oral hearing of the objection has been concluded and the Agency does not propose to consent to the reopening of the hearing, that submissions in relation to the said matters may be made to the Agency in writing within a period specified in the notice (being a period of riot less than fourteen or more than twenty-eight days beginning on the date of the giving of the notice).
(3) Submissions as aforesaid that are received by the Agency after the expiration of the period referred to in sub-article (2)(b) shall not be considered by the Agency.
(4) Without prejudice to article 21, where a party to an objection makes a submission to the Agency in accordance with sub-article (2)(b), that party shall not be entitled to elaborate in writing upon that submission or to make further submissions in writing in relation to the matters referred to in sub-article (1) and any such elaboration or submissions that are received by the Agency shall not be considered by it.
29. (1) The Agency shall, in relation to a proposed decision made in accordance with article 16 which is the subject of an objection made pursuant to article 19, decide to:
— confirm the proposed decision or,
— modify the proposed decision by the addition, revision or withdrawal of conditions or,
— refuse to grant a permit as proposed by a decision
as appropriate and not later than three months after the expiration of the objection period specified in article 19(1),
(2) Where it appears to the Agency that it would not be possible or appropriate, because of the particular circumstances of an objection, to carry out the procedures for the consideration of an objection, whether or not an oral hearing is held, within three months beginning on the day after the expiration of the objection period specified in article 19(1), the Agency shall give notice in writing to each party to the objection of the reasons why it would not be possible or appropriate, as the case may be, to do so and shall specify the date before which the Agency intends to carry out such procedures.
(3) Where a notice has been given under sub-article (2), the Agency shall take all such steps as are open to it to ensure that the procedures are carried out before the date specified in the notice.
30. (1) The Agency shall notify the applicant in writing of a decision made in accordance with article 29.
(2) The Agency shall inform each of the following in writing of a decision made in accordance with article 29.
( a ) the planning authority in whose functional area the terminal is, or will be situate,
( b ) any person who has made an objection under article 19, and, (c) the National Authority for Occupational Safety and Health.
(3) A notification under sub-articles (1) and (2) shall be accompanied by a copy of the decision referred to.
(4) The Agency shall, not later than the third working day following a particular week, make available a list containing details of the decisions referred to in sub-article ( I ) given by the Agency during that week.
(5) A copy of the list referred to in sub-article (4) shall, for a period of not less than one month commencing on the date on which the decision was given
(i) be displayed in, or at, the headquarters of the Agency in a position convenient for public inspection during office hours, and,
(ii) be made available for such charge, if any, not exceeding the reasonable cost of making the copy, at the headquarters of the Agency during office hours.
(6) A copy of the list referred to in sub-article (4) may, in addition to the requirements of sub-article (5), be displayed in any other place which the Agency considers appropriate or made available for such charge, if any, not exceeding the reasonable cost of making the copy, to any person, group or body likely to be interested.
(7) A copy of the list referred to in sub-article (4) or the relevant portion of such list shall, in addition to the requirements of sub-article (5), within 7 days of the date of the giving of the decision be published in a newspaper circulating in the district in which the terminal is or will be situate.
(8) A list referred to in sub-article (4) shall, in respect of each decision on an application to which it relates, indicate
(i) the reference number given to the application to which the decision applies in the register of permits established under article 13,
(ii) the name and address of the applicant,
(iii) the location, or postal address of the terminal to which the application relates,
(iv) the nature of the Directive compliance requirement under Article 5(1), (2) and (3) as appropriate,
(v) the nature of the decision, (vi) the date of the giving of the decision, (vi) where a copy of the decision may be obtained.
PART VI
31. The Agency shall be deemed to be the’ competent authority for the purposes of the Directive and shall enforce the relevant provisions of the Regulations accordingly.
32. (1) The Agency may authorise in writing any person, hereinafter referred to as an “authorised person”, for the purposes of examination, investigation and enforcement of these regulations.
(2) Every authorised person shall be furnished with a certificate of this authorisation and when exercising any power provided by or under these Regulations, the authorised person shall, if requested by any person affected, produce the certificate to that person.
(3) An authorised person may, in respect of any terminal or mobile container:
( a ) inspect any terminal or mobile container, and such records or such documents, as the authorised person, having regard to all the circumstances, considers necessary for the purposes of these Regulations,
( b ) require from a carrier or a manager, such information as the authorised person, having regard to all the circumstances, considers necessary for the purposes of these Regulations.
FIRST SCHEDULE
Application for a permit for the satisfactory design, operation and maintenance of storage installations and/or loading and unloading equipment at a terminal in accordance with the Environmental Protection Agency Act, 1992 (Control of volatile organic compound emissions resulting from petrol storage and distribution) Regulations, 1997.
NOTE: THESE PARTICULARS ARE THE MINIMUM REQUIREMENTS FOR THE MAKING OF AN APPLICATION. ADDITIONAL INFORMATION MAY BE REQUESTED FROM THE APPLICANT AT ANY TIME PRIOR TO THE MAKING OF A DECISION ON THE APPLICATION UNDER THESE REGULATIONS.
1. Applicant ( State whether owner, licensee or person having management/control of terminal)
2. Name and address/registered office of the applicant
3. Location of terminal
4. {First Permit (Tick as appropriate)
{Renewal of Permit
State date of previous permit
5. Throughput of terminal
6. State whether application for storage installations or loading/unloading equipment or both
7. State number of bottom loading gantries
8. Is intermediate storage of vapours undertaken at terminal? (If so, provide details)
9. State proposed measurement and analysis methods and their frequency
10. State frequency of checks for leaks in connection lines and pipe installations
11. State shut down procedures for loading operations
12. State mean vapour concentration in vapour-recovery unit exhaust (to be not greater than 3 5g/Nm3)
13. State that requirements of the Environmental Protection Agency Act, 1992 (Control of volatile organic compound emissions resulting from petrol storage and distribution) Regulations, 1997 are being satisfactorily met and give brief details
14. Full fee attached (£ 5,000)
15. Copy of newspaper notice
16. Copy of the text of site notice
17. Original and five copies of application attached (tick yes/no)
Declaration
I, ————————, hereby certify that to the best of my knowledge and belief the above particulars are true and that the requirements of the Environmental Protection Agency Act, 1992 (Control of volatile organic compound emissions resulting from petrol storage and distribution) Regulations, 1997 in relation to the above named terminal have been complied with.
Date of Application
For EPA Use
Date of receipt
Seal of the Agency
SECOND SCHEDULE
Permit for the satisfactory design, operation and maintenance of storage installations and/or loading and unloading equipment at a terminal granted in compliance with the Environmental Protection Agency Act, 1992 (Control of volatile organic compound emissions resulting from the storage of petrol and its distribution) Regulations, 1997.
1. Applicant
Name and address/registered office of the company, firm or person
2. Location Of the terminal
3. {First Permit (Tick as appropriate)
{Renewal of Permit
State date of previous permit
4. EPA Register of Permits Number
5. Terminal throughput
6. Permit for storage installations ( ) or loading/unloading equipment ( ) or both( ) (Tick as appropriate)
7. Type and frequency of Measurement and analysis methods (see conditions below also)
8. Type and frequency of inspection of connection lines and pipe installations for leaks (see conditions below also)
9. Equipment and procedures to ensure the shut down of loading operations for the purposes of meeting the requirements of the Directive (see conditions below also)
10. Fee Paid in fall (£5,000))(Tick yes/no)
The Environmental Protection Agency,———————-, being the competent authority for the purposes of the Environmental Protection Agency Act, 1992 (Control of volatile organic compound emissions resulting from petrol storage and distribution) Regulations, 1997 hereby declares that the above application for the issue of a permit has been duly considered and that, subject to the conditions listed hereunder, a permit is hereby granted to ————————–with regard to the terminal located at ————————-for a period of———————- until ———————–subject to the conditions set out below.
Conditions:
0) No conditions imposed (tick if appropriate)
1)
2)
3)
Date of issue of permit
Seal of the Agency to be affixed here
THIRD SCHEDULE
REGISTER OF PERMITS
1. This register of permits is required under article 13 of these Regulations and shall be established and maintained for public inspection at the headquarters of the Agency. The register shall contain, at minimum, the following entries in respect of each application for a permit or review of a permit, as appropriate:
(1) Register reference number
(2) Name and address of the applicant, or permit holder, as the case may be
(3) The nature of the Directive compliance requirement under article 5(1), (2) and (3) as appropriate
(4) The location or postal address of the terminal to which the application relates
(5) Date of notification to the Agency under article 5(5) that throughput has fallen below specified threshold before coming into effect of deadline and request to the Agency for a derogation from Directive compliance and date and nature (upheld/refused specify) of Agency decision thereon
(6) Date of notification under article 5(7) that throughput has fallen below specified threshold and request to Agency for a cancellation of permit
(7) Date and nature of decision by Agency made under article 5(7) on request for cancellation of a permit
(8) Date on which the Agency is in receipt of the application made under article 10(1)
(9) Date on which an application is withdrawn under article 15(1)
(10) Date on which Agency notifies applicant to confirm that an application is abandoned in accordance with article 15(2)
(11) Date of notice to permit holder under article 10(5) that submission on a review of permit may be made
(12) Date of notice to applicant that application not deemed complete under article 10(10)
(13) Number, and date of receipt, of written submissions, if any, received under article 14
(14) Date, and nature (specify issued with or without conditions/refused) of proposed decision on the application under article 16(1)
(15) Date of notice under article 16(2) of extension of proposed decision period on application, specking date by which decision to be made
(16) Date of notice of proposed decision to applicant/permit holder under article
17(1) and to other bodies under article 17(2)
(17) Number, and date, of objections (if any) made under article 19(1)
(18) Date of request to party to an objection to make submission under article 21
(19) Date of notice to party to an objection to supply documents etc. under article 22
(20) Date of notice to party to an objection on withdrawal of an objection under article 23.
(21) Date of a request to hold an oral hearing under article 24(1)
(22) Date and venue of an oral hearing under article 24 and of any adjournment/resumption/reopening (specify) under article 27
(23) Date and nature (specify upheld/modification/withdrawn) of a decision on objection under article 29(1)
(24) Date of notice of decision under article 30
(25) The frequency or periods within which monitoring reports or other information are required to be submitted to the Agency by or under a condition attached to a permit.
2. Each application for a permit, shall be given a reference number in the register of permits and such number shall refer consequently to each notification given in writing to the applicant/permit holder, as appropriate, in respect of a decision on said application or, in relation to any notice in relation to an objection on a decision on said application or, on any notification required under these Regulations in relation to said application or any decision thereon.
FOURTH SCHEDULE
REQUIREMENT FOR STORAGE INSTALLATIONS AT TERMINALS
1. The external wall and roofs of tanks above ground must be painted in a colour with a total radiant heat reflectance of 70% or more. These operations may be programmed so as to be carried out as part of the usual maintenance cycles of the tanks within a period of three years.
This provision shall not apply to tanks linked to a vapour-recovery unit which conforms with the requirements set out in paragraph 2 of the Fifth Schedule. Tanks with external floating roofs must be equipped with a primary seal to cover the annular space between the tank wall and the outer periphery of the floating roof and with a secondary seal fitted above the primary seal. The seals should be designed to achieve an overall containment of vapours of 95% or more as compared to a comparable fixed-roof tank with no vapour containment controls (i.e. a fixed-roof tank with only vacuum/pressure relief valves).
3. All new storage installations at terminals where vapour-recovery is required under article 5 of the regulations must be either:
(a) fixed-roof tanks connected to the vapour-recovery unit in conformity with the requirements of the Fifth Schedule; or
(b) designed with a floating roof, either external or internal, equipped with primary and secondary seals to meet the performance requirements set out in paragraph 2 above.
Requirements for vapour containment controls mentioned in this paragraph do not apply to fixed-roof tanks at terminals where intermediate storage of vapours is permitted according to paragraph I of the Fifth Schedule.
4. Existing fixed-roof-tanks must either:
(a) be connected to a vapour-recovery unit in conformity with the requirements of the Fifth Schedule; or
(b) have an internal floating roof with a primary seal which should be designed to achieve an overall containment of vapours of 90% or more in relation to a comparable fixed-roof tank with no vapour controls.
The requirements of this paragraph shall not apply to existing (be in operation before the coming into effect of these Regulations) horizontal tanks or to existing vertical tanks with a diameter of less than 6m at terminals with a throughput of less than 10,000 tonnes per year.
Requirements for vapour-containment controls mentioned in this paragraph do not apply to fixed-roof tanks at terminals where intermediate storage of vapours is permitted according to paragraph 1 of the Fifth Schedule.
FIFTH SCHEDULE
REQUIREMENTS FOR LOADING AND UNLOADING INSTALLATIONS AT TERMINALS
1. Displacement vapours from the mobile container being loaded must be returned through a vapour tight connection line to a vapour-recovery unit for regeneration at the terminal.
This provision does not apply to top-loading tankers where a top-loading system is permitted.
At terminals which load petrol onto vessels, a vapour incineration unit may be substituted for a vapour-recovery unit if vapour-recovery is unsafe or technically impossible because of the volume of return vapour. The requirements concerning atmospheric emissions from the vapour-recovery unit shall also apply to the vapour incineration unit.
At terminals with a throughput of less than 25,000 tonnes per year, intermediate storage of vapours may be substituted for immediate vapour-recovery at the terminal.
2. The mean concentration of vapours in the exhaust from the vapour-recovery unit corrected for dilution during treatment must not exceed 35 g/normal cubic metre (Nm3) for any one hour.
Measurements must be made over the course of one fall working day (seven hours minimum) of normal throughput.
Measurements may be continuous or discontinuous. If discontinuous measurements are employed, at least four measurements per hour must be made.
The overall measurement error due to the equipment used, the calibration gas and the procedure used must not exceed 10% of the measured value.
The equipment used must be capable of measuring concentrations at least as low as 3g/Nm3.
The precision must be at least 95% of the measured value.
3. The competent authority shall ensure that the connection lines and pipe installations are checked regularly for leaks.
4. Competent authorities shall ensure that loading operations are shut down at the gantry in the case of a leak of vapour. Equipment for such shutdown operations must be installed at the gantry.
5. Where top-loading of mobile containers is permitted, the outlet of the loading arm must be kept near the bottom of the mobile container, in order to avoid splash loading.
SIXTH SCHEDULE
REQUIREMENTS FOR LOADING AND STORAGE AT TERMINALS AND SERVICE STATIONS WHERE THE INTERMEDIATE STORAGE OF VAPOURS IS CARRIED OUT
Vapours displaced by the delivery of petrol into storage installations at terminals and into storage tanks at service stations and in fixed roof tanks used for the intermediate storage of vapours must be returned through a vapour-tight connection line to the mobile container delivering the petrol.
Loading operations may not take place unless these arrangements are in place and properly functioning.
SEVENTH SCHEDULE
SPECIFICATIONS FOR BOTTOM-LOADING, VAPOUR COLLECTION AND OVERFILL PROTECTION OF EUROPEAN ROAD TANKERS
1. Couplings
1.1 The liquid coupler on the loading arm must be a female coupler which must mate with a 4 inch API (101.6mm) male adapter located on the vehicle as defined by:
API Recommended Practice 1004
Seventh Edition, November, 1988.
Bottom loading and vapour-recovery for MC-306 tank motor vehicles (Section 2.1.1.1 – Type of adapter used for bottom loading).
1.2 The vapour-collection coupler on the loading-gantry vapour-collection hose must be a cam-and-groove female coupler which must mate with a 4 inch (101.6mm) cam-and-groove male adapter located on the vehicle as defined by:
API Recommended Practice 1004
Seventh Edition, November, 1988.
Bottom loading and vapour-recovery for MC-306 tank motor vehicles (Section 4.1.1.2 -Vapour-recovery adapter).
2. Loading Conditions
2.1 The normal liquid-loading rate must be 2,300 litres per minute (maximum 2,500 litres per minute) per loading arm.
2.2 When the terminal is operating at peak demand, its loading gantry vapour collection system, including the vapour-recovery unit, is allowed to generate a maximum counter-pressure of 55 millibar on the vehicle side of the vapour-collection adapter.
2.3 All approved bottom-loading vehicles will carry an identification plate which Specifies the maximum permitted number of loading arms which must be operated simultaneously whilst ensuring that no vapours are released via the compartment P and V valves, when the maximum plant back pressure is 55 millibar as specified in 2.2.
3 Connection of vehicle earth/overfill detection
The loading gantry must be equipped with an overtime detection control unit which, when connected to the vehicle, must provide a failsafe permission signal to enable loading, providing no compartment-overfill sensors detect a high level.
3.1 The vehicle must be connected to the control unit on the gantry via a 10-pin industry standard electrical connector. The male connector must be mounted on the vehicle and the female connector must be attached to a flying lead connected to the gantry-mounted control unit.
3.2 The high level detectors on the vehicle must be either 2-wire thermistor sensors, 2-wire optical sensors, 5-wire optical sensors or a compatible equivalent, provided the system is failsafe. Thermistors must have a negative temperature coefficient.
3.3 The gantry control unit must be suitable for both 2-wire and 5-wire vehicle systems.
3.4 The vehicle must be bonded to the gantry via the common return wire of the overfill sensors, which must be connected to pin 10 on the male connector via the vehicle chassis. Pin 10 on the female connector must be connected to the control unit enclosure which must be connected to the gantry earth.
3.5. All approved bottom-loading vehicles must carry an identification plate (see 2.30 which specifies the type of overfill-detection sensors installed (i.e. 2—wire or 5-wire).
4. Location of the connections
4.1 The design of the liquid-loading and vapour collection facilities on the loading gantry must be based on the following vehicle-connection envelope.
4.1.1 The height of the centre line of the liquid adapters must be; maximum 1.4 metres (unladen); minimum 0.5 metres (laden), the preferred height being 0.7 to 1.0 metres.
4.1.2 The horizontal spacing of the adapters must be not less than 0.25 metres (preferred maximum spacing is 0.3 metres).
4.1.3 All liquid adapters must be located within an envelope not exceeding 2.5 metres in height.
4.1.4 The vapour-collection adapter should be located preferably to the right of the liquid adapters and at a height not exceeding 1.5 metres (unladen) and not less than 0.5 metres (laden).
4.2 The earth/overfill connector must be located to the right of the liquid and vapour-collection adapters and at a height not exceeding 1.5 metres (unladen) and not less than 0.5 metres (laden).
4.3 The above connections must be located on one side of the vehicle only.
5. Safety interlocks
5.1. Earth/Overfill detection
Loading must not be permitted unless a permissive signal is provided by the combined earth/overfill control unit.
In the event titan overfill condition or a loss of vehicle earth, the control unit on the gantry must close the gantry-loading control valve.
5.2. Vapour-collection detection
Loading must not be permitted unless the vapour-collection hose has been connected to the vehicle and there is a free passage for the displaced vapours to flow from the vehicle into the plant vapour-collection system.
Given under the Official Seal of the Minister for the Environment and Local Government
this 10th, day of September, 1997
Noel Dempsey
Minister for the Environment
and Local Government
EXPLANATORY NOTE
These Regulations transpose elements of Directive 94/63/EC into Irish law to introduce controls on volatile organic compound emissions resulting from petrol storage and distribution at terminals. The Regulations provide for the operation of a system of permits by the Environmental Protection Agency. Other provisions of Directive 94/63/EC are transposed by the AIR POLLUTION ACT, 1987 (PETROLEUM VAPOUR EMISSIONS) REGULATIONS, 1997. ( S.I. No. 375 of 1997 )
S.I. No. 465/2011 –
S.I. No. 261/2010 –
European Communities (Greenhouse Gas Emissions Trading) (Aviation) Regulations 2010.
INDEX
1. Citation
2. Interpretation
3. Purpose and Application
4. Administering Member State
5. Competent Authority
6. Trading Periods
7. Monitoring Plan for Emissions
8. Monitoring Plan for Tonne-Kilometre Data
9. Fee
10. Monitoring of Emissions
11. Monitoring of Tonne-Kilometre Data
12. Reporting and Verification of Emissions
13. Application for and Allocation of Allowances free of charge
14. Special Reserve for certain aircraft operators
15. Use of CERs and ERUs from project activities in the Community Scheme
16. Transfer, Surrender and Cancellation of Allowances
17. Validity of Allowances
18. Issue of Direction
19. Direction
20. Service of Direction
21. Appeal from a Direction issued under Regulation 18
22. Injunctive Relief
23. Offences
24. Access to information
25. Registry
26. Central Administrator — Irregularities on Transactions in the Registry
27. Assistance to be provided by the Irish Aviation Authority
28. Authorised Officer
29. Reporting to the Commission
30. Revocation
Schedule 1
Categories of Activities
Schedule 2
Greenhouse Gases
Schedule 3
Principles for Monitoring and Reporting
Schedule 4
Criteria for Verification
S.I. No. 261 of 2010
EUROPEAN COMMUNITIES (GREENHOUSE GAS EMISSIONS TRADING) (AVIATION) REGULATIONS 2010
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 8th June, 2010.
I, JOHN GORMLEY, Minister for the Environment, Heritage 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 by sections 6 and 53 of the Environmental Protection Agency Act 1992 (No. 7 of 1992) and for the purpose of giving further effect to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 1 , as amended by Directive 2004/101/EC of the European Parliament and of the Council of 27 October 2004 2 and Directive 2008/101/EC of the European Parliament and of the Council of 19 November 2008 3 hereby make the following regulations:
Citation
1. These Regulations may be cited as the European Communities (Greenhouse Gas Emissions Trading) (Aviation) Regulations 2010.
Interpretation
2. (1) In these Regulations—
“administering Member State” means the Member State responsible for administering the Community scheme in respect of an aircraft operator in accordance with Regulation 4;
“Agency” means the Environmental Protection Agency established under section 19 of the Environmental Protection Agency Act 1992 (No. 7 of 1992);
“aircraft operator” means the person who operates an aircraft at the time it performs an aviation activity listed in Schedule 1 or, where that person is not known or is not identified by the owner of the aircraft, the owner of the aircraft;
“allowance” means an allowance to emit one tonne of carbon dioxide equivalent during a specified period, which shall be valid only for the purposes of meeting the requirements of these Regulations;
“Annex I Party” means a Party listed in Annex I to the United Nations Framework Convention on Climate Change that has ratified the Kyoto Protocol as specified in Article 1(7) of the Protocol;
“attributed aviation emissions” means emissions from all flights falling within the aviation activities listed in Schedule 1 which depart from an aerodrome situated in the territory of a Member State and those which arrive in such an aerodrome from a third country;
“certified emission reduction unit” or “CER” means a unit issued pursuant to Article 12 of the Kyoto Protocol and the decisions adopted pursuant to the Convention or the Protocol;
“commercial air transport operator” means an operator that, for remuneration, provides scheduled or non-scheduled air transport services to the public for the carriage of passengers, freight or mail;
“Commission” means the Commission of the European Communities;
“Commission for Aviation Regulation” means the Commission for Aviation Regulation established under section 5 of the Aviation Regulation Act 2001 (No. 1 of 2001);
“Commission’s Interpretation of Aviation Activities” means Commission Decision of 8 June 2009 4 on the detailed interpretation of the aviation activities listed in Annex I to Directive 2003/87/EC 5 ;
“Commission’s Monitoring and Reporting Guidelines” means Commission Decision of 18 July 2007 6 establishing guidelines for the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC5, as amended by Commission Decision of 17 December 2008 7 as regards the inclusion of monitoring and reporting guidelines for emissions of nitrous oxide, and by Commission Decision of 16 April 2009 8 as regards the inclusion of monitoring and reporting guidelines for emissions and tonne-kilometre data from aviation activities;
“Community scheme” means the scheme for greenhouse gas emission allowance trading within the European Community provided for in the Directive;
“competent authority” means, in respect of the State, the Agency, and in respect of other Member States of the European Communities, any competent authority specified in the national law of that State as notified by the Commission;
“Convention” means the 1992 United Nations Framework Convention on Climate Change;
“direction” means a direction issued by the Agency pursuant to Regulation 18;
“Directive” means Directive 2003/87/EC of 13 October 20035 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC 9 , as amended by Directive 2004/101/EC of 27 October 2004 10 in respect of the Kyoto Protocol’s project mechanisms, and by Directive 2008/101/EC of 19 November 2008 11 so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community;
“emission reduction unit” or “ERU” means a unit issued pursuant to Article 6 of the Protocol and the decisions adopted pursuant to the Convention or the Protocol;
“emissions” means the release of greenhouse gases into the atmosphere from an aircraft performing an aviation activity listed in Schedule 1 of the gases specified in respect of that activity;
“greenhouse gases” means the gases listed in Schedule 2;
“historical aviation emissions” means the mean average of the annual emissions in the calendar years 2004, 2005 and 2006 from aircraft performing an aviation activity listed in Schedule 1;
“Irish Aviation Authority” means the Irish Aviation Authority established under the Irish Aviation Authority Act 1993 (No. 29 of 1993);
“Minister” means the Minister for the Environment, Heritage and Local Government;
“person” means any natural or legal person;
“project activity” means a project activity within the meaning of Article 6 or Article 12 of the Protocol and the decisions adopted pursuant to the Convention or the Protocol;
“Protocol” means the 1997 Kyoto Protocol to the 1992 United Nations Framework Convention on Climate Change;
“public” means one or more persons and associations, organisations or groups of persons; and
“tonne of carbon dioxide equivalent” means one metric tonne of carbon dioxide (CO2) or an amount of any other greenhouse gas listed in Schedule 2 with an equivalent global-warming potential.
(2) A word or expression that is used in these Regulations and is also used in the Directive has the same meaning in these Regulations that it has in the Directive.
(3) A word or expression that is used in these Regulations and is also used in the Commission’s Monitoring and Reporting Guidelines has the same meaning in these Regulations that it has in the Commission’s Monitoring and Reporting Guidelines.
Purpose and Application
3. (1) These Regulations provide for the implementation in the State of a scheme for greenhouse gas emission allowance trading within the European Community in order to promote reductions of greenhouse gas emissions from aviation activities in a cost effective and economically efficient manner.
(2) These Regulations apply to emissions from aviation activities listed in Schedule 1.
Administering Member State
4. (1) The administering Member State in respect of an aircraft operator shall be the State—
(a) in the case of an aircraft operator with a valid operating licence granted by the Commission for Aviation Regulation in accordance with the provisions of Council Regulation (EEC) No 2407/92 of 23 July 1992 12 on licensing of air carriers, and
(b) in the case of an aircraft operator who does not have a valid operating licence in accordance with the provisions of Council Regulation (EEC) No. 2407/92 of 23 July 199212 on licensing of air carriers from any Member State, where the greatest estimated aviation emissions from flights performed by that aircraft operator in the base year are attributable to the State.
(2) The administering Member State shall be the State for those aircraft operators assigned to the State in accordance with the list of aircraft operators published by the Commission pursuant to Article 18a(3) of the Directive.
(3) For the purposes of this Regulation, “base year” means, in relation to an aircraft operator which started operating in the Community after 1 January 2006, the first calendar year of operation, and in all other cases, the calendar year starting on 1 January 2006.
(4) (a) Where in the first two years of any period referred to in Regulation 6, none of the attributed aviation emissions from flights performed by an aircraft operator falling within Regulation 4(1)(b) are attributed to the State, the aircraft operator shall be transferred to another administering Member State in respect of the next period.
(b) The new administering Member State shall be the Member State with the greatest estimated attributed aviation emissions from flights performed by that aircraft operator during the first two years of the previous period.
Competent Authority
5. (1) The Agency is designated as the competent authority in the State for the purposes of these Regulations and the Directive.
(2) As competent authority, the Agency shall be responsible for administering the Community scheme in respect of aircraft operators for whom the State is the administering Member State.
Trading Periods
6. The trading periods for aviation are—
(a) the period from 1 January 2012 to 31 December 2012, and
(b) periods of eight years beginning on 1 January 2013.
Monitoring Plan for Emissions
7. (1) An aircraft operator shall submit to the Agency a monitoring plan setting out measures to monitor and report emissions and in accordance with—
(a) the principles set out in Schedule 3,
(b) the Commission’s Monitoring and Reporting Guidelines, and
(c) any other requirements of the Agency which are necessary for the purposes of the administration and implementation of the Directive.
(2) The monitoring plan for monitoring and reporting emissions shall be approved by the Agency if the Agency is satisfied that an aircraft operator has complied with Regulations 7(1) and 9(1).
(3) A person who fails to comply with paragraph (1) is guilty of an offence.
(4) A person who in making an application for approval of a monitoring plan pursuant to this Regulation wilfully makes a false or misleading statement is guilty of an offence.
Monitoring Plan for Tonne-Kilometre Data
8. (1) For the purpose of an application under Regulation 13, an aircraft operator shall submit to the Agency a monitoring plan setting out measures to monitor and report tonne-kilometre data and in accordance with—
(a) the principles set out in Schedule 3,
(b) the Commission’s Monitoring and Reporting Guidelines, and
(c) any other requirements of the Agency which are necessary for the purposes of the administration and implementation of the Directive.
(2) The monitoring plan for monitoring and reporting tonne-kilometre data shall be approved by the Agency if the Agency is satisfied that an aircraft operator has complied with Regulations 8(1) and 9(1).
Fee
9. (1) An administration fee, subject to a minimum fee of €200 and a maximum fee of €500, shall be determined by the Agency in respect of an application for the approval of a monitoring plan pursuant to Regulations 7 and 8. The Agency may, however, waive the fee payable where it is satisfied that the payment of a similar fee for the approval of a monitoring plan has already been paid to another administering Member State.
(2) A fee charged under this Regulation shall be payable by an aircraft operator to whom the approval relates and the Agency may refuse to grant or may revoke an approval of a monitoring plan if the fee has not been paid.
(3) A fee charged under this Regulation may be recovered by the Agency, as a simple contract debt in a court of competent jurisdiction.
(4) The Public Offices Fees Act 1879 does not apply in respect of fees payable under this Regulation.
Monitoring of Emissions
10. (1) From 1 January 2010, an aircraft operator shall monitor emissions from the aircraft which it operates in accordance with—
(a) its monitoring plan for monitoring and reporting emissions as approved by the Agency under Regulation 7,
(b) the principles set out in Schedule 3, and
(c) the Commission’s Monitoring and Reporting Guidelines.
(2) A person who fails to comply with paragraph (1) is guilty of an offence.
Monitoring of Tonne-Kilometre Data
11. For the purpose of an application under Regulation 13, an aircraft operator shall, from 1 January 2010, monitor tonne-kilometre data from the aircraft which it operates in accordance with—
(a) its monitoring plan for monitoring and reporting tonne-kilometre data as approved by the Agency under Regulation 8,
(b) the principles set out in Schedule 3, and
(c) the Commission’s Monitoring and Reporting Guidelines.
Reporting and Verification of Emissions
12. (1) An aircraft operator shall report the emissions from the aircraft which it operates during each calendar year commencing on 1 January 2010, to the Agency, not later than 31 March of the following year in accordance with—
(a) its monitoring plan for monitoring and reporting emissions as approved by the Agency under Regulation 7,
(b) the principles set out in Schedule 3, and
(c) the Commission’s Monitoring and Reporting Guidelines.
(2) The aircraft operator shall ensure that the report referred to in paragraph (1) is verified in accordance with—
(a) the criteria set out in Schedule 4, and
(b) any detailed provisions on verification adopted by the Commission pursuant to Article 15 of the Directive
to the satisfaction of the Agency, and shall provide a copy of the said verification report to the Agency when submitting the report specified in paragraph (1).
(3) An aircraft operator whose report has not been verified or has not submitted a verification report to the satisfaction of the Agency by 31 March each year in accordance with paragraph (1), for emissions during the preceding year, cannot make further transfers of allowances until a report from that operator has been verified as satisfactory.
(4) A person who fails to comply with paragraph (1) or (2) is guilty of an offence.
(5) A person who in submitting a report of emissions pursuant to this Regulation wilfully makes a false or misleading statement is guilty of an offence.
Application for and Allocation of Allowances free of charge
13. (1) An aircraft operator may apply to the Agency for an allocation of allowances that are to be allocated free of charge.
(2) An application under this Regulation shall—
(a) be accompanied by a report of the tonne-kilometre data for the aviation activities listed in Schedule 1 performed by that aircraft operator for the monitoring year in accordance with—
(i) the monitoring of tonne-kilometre data pursuant to Regulation 11,
(ii) its monitoring plan for monitoring and reporting tonne-kilometre data as approved by the Agency under Regulation 8,
(iii) the principles set out in Schedule 3,
(iv) the Commission’s Monitoring and Reporting Guidelines, and
(b) be submitted to the Agency at least 21 months before the start of the period to which it relates or, in relation to the 2012 period, by 31 March 2011.
(3) The aircraft operator shall ensure that the report referred to in paragraph (2) is verified in accordance with—
(a) the criteria set out in Schedule 4, and
(b) any detailed provisions on verification adopted by the Commission pursuant to Article 15 of the Directive
to the satisfaction of the Agency, and shall provide a copy of the said verification report to the Agency when submitting the report specified in paragraph (2).
(4) For the purposes of this Regulation, the monitoring year shall be the calendar year ending 24 months before the start of the period to which it relates in accordance with Schedules 3 and 4 or, in relation to the 2012 period, 2010.
(5) At least 18 months before the start of the period to which the application relates or, in relation to the 2012 period, by 30 June 2011, the Agency shall submit applications received under this Regulation to the Commission if the Agency is satisfied that an aircraft operator has complied with Regulations 8, 11, 13(2) and 13(3).
(6) Within three months from the date on which the Commission adopts a decision pursuant to Article 3e(3) of the Directive, the Agency shall calculate and publish—
(a) the total allocation of allowances for the period to each aircraft operator whose application the Agency submitted to the Commission in accordance with this Regulation, calculated by multiplying the tonne-kilometre data included in the application by the benchmark referred to in Article 3e(3(e)) of the Directive, and
(b) the allocation of allowances to each aircraft operator for each year, which shall be determined by dividing its total allocation of allowances for the period calculated under subparagraph (a) by the number of years in the period for which the aircraft operator is performing an aviation activity listed in Schedule 1.
(7) The Agency shall, not later than 28 February of each year and commencing after 1 January 2012, issue to each aircraft operator the number of allowances allocated to that aircraft operator for that year under this Regulation and in accordance with any detailed provisions for a standardised and secured system of registries adopted by the Commission pursuant to Article 19 of the Directive.
Special Reserve for certain aircraft operators
14. (1) An aircraft operator is eligible for a free allocation of allowances from the special reserve where the aircraft operator—
(a) starts performing an aviation activity falling within Schedule 1 after the monitoring year for which tonne-kilometre data was submitted under Regulation 13 in respect of a period referred to in Regulation 6(b), or
(b) whose tonne-kilometre data increases by an average of more than 18% annually between the monitoring year for which tonne-kilometre data was submitted under Regulation 13 in respect of a period referred to in Regulation 6(b) and the second calendar year of that period,
and whose activity under subparagraph (a), or additional activity under subparagraph (b), is not in whole or in part a continuation of an aviation activity previously performed by another aircraft operator.
(2) An aircraft operator who is eligible under paragraph (1) may apply to the Agency for a free allocation of allowances from the special reserve.
(3) An application under this Regulation shall—
(a) be accompanied by a report of the verified tonne-kilometre data in accordance with Schedules 3 and 4 for the aviation activities listed in Schedule 1 performed by the aircraft operator in the second calendar year of the period referred to in Regulation 6(b) to which the application relates,
(b) provide evidence that the criteria for eligibility under paragraph (1) are fulfilled,
(c) in the case of an aircraft operator falling within paragraph (1)(b), state—
(i) the percentage increase in tonne-kilometres performed by that aircraft operator between the monitoring year for which tonne-kilometre data was submitted under Regulation 13 in respect of a period referred to in Regulation 6(b) and the second calendar year of that period,
(ii) the absolute growth in tonne-kilometres performed by that aircraft operator between the monitoring year for which tonne-kilometre data was submitted under Regulation 13 in respect of a period referred to in Regulation 6(b) and the second calendar year of that period,
(iii) the absolute growth in tonne-kilometres performed by that aircraft operator between the monitoring year for which tonne-kilometre data was submitted under Regulation 13 in respect of a period referred to in Regulation 6(b) and the second calendar year of that period which exceeds the percentage specified in paragraph (1)(b), and
(d) be submitted to the Agency by 30 June in the third year of the period referred to in Regulation 6(b) to which it relates.
(4) No later than six months from the deadline for making an application under paragraph (3)(d), the Agency shall submit applications received under this Regulation to the Commission if the Agency is satisfied that an aircraft operator has complied with paragraphs (1) and (3).
(5) Within three months from the date on which the Commission adopts a decision pursuant to Article 3f(5) of the Directive, the Agency shall calculate and publish—
(a) the allocation of allowances from the special reserve to each aircraft operator whose application it submitted to the Commission in accordance with paragraph (4) and this allocation shall be calculated by multiplying the benchmark referred to in Article 3f(5) of the Directive by—
(i) in the case of an aircraft operator falling within paragraph (1)(a), the tonne-kilometre data included in the application submitted to the Commission under paragraphs (3)(a) and (4),
(ii) in the case of an aircraft operator falling within paragraph (1)(b), the absolute growth in tonne-kilometres exceeding the percentage specified in paragraph (1)(b) included in the application submitted to the Commission under paragraphs (3)(c)(iii) and (4), and
(b) the allocation of allowances to each aircraft operator for each year, which shall be determined by dividing its allocation of allowances under subparagraph (a) by the number of full calendar years remaining in the period referred to in Regulation 6(b) to which the allocation relates.
(6) The Agency shall, not later than 28 February of each year and commencing after 1 January 2012, issue to each aircraft operator the number of allowances allocated to that aircraft operator for that year under this Regulation and in accordance with any detailed provisions for a standardised and secured system of registries adopted by the Commission pursuant to Article 19 of the Directive.
(7) An allocation to an aircraft operator under paragraph (1)(b) shall not exceed 1,000,000 allowances.
(8) The Agency shall arrange for the auctioning of any unallocated allowances in the special reserve in accordance with the detailed provisions on auctioning adopted pursuant to Article 3d of the Directive.
Use of CERs and ERUs from project activities in the Community Scheme
15. (1) Subject to paragraphs (3) and (4), during the period referred to in Regulation 6(a), an aircraft operator may use certified emission reduction units and emission reduction units, up to 15% of the number of allowances they are required to surrender pursuant to Regulation 16(3).
(2) Subject to paragraphs (3) and (4), for periods referred to in Regulation 6(b), the percentage of certified emission reduction units and emission reduction units that may be used in relation to aviation activities shall be determined in accordance with the provisions of Article 11a of the Directive.
(3) Certified emission reduction units or emission reduction units generated from project activities related to—
(a) nuclear facilities, or
(b) land use, land use change or forestry activities,
may not be used for the purpose of compliance with Regulation 16(3).
(4) The use of certified emission reduction units and emission reduction units shall be in accordance with any detailed provisions for a standardised and secured system of registries adopted by the Commission pursuant to Article 19 of the Directive.
Transfer, Surrender and Cancellation of Allowances
16. (1) Subject to Regulations 12(3) and 26, allowances shall be transferable between persons within the Community.
(2) Subject to paragraph (6), only allowances issued by a competent authority shall be recognised for the purpose of meeting an aircraft operator’s obligations under paragraph (3).
(3) Subject to Regulation 15, each aircraft operator shall surrender, not later than 30 April of each year and commencing after 1 January 2013, a number of allowances equal to the total emissions during the preceding calendar year from aviation activities listed in Schedule 1 for which it is the aircraft operator, as verified in accordance with Regulation 12(3).
(4) The Agency shall cancel or cause to be cancelled allowances surrendered in accordance with paragraph (3).
(5) The Agency shall cancel or cause to be cancelled allowances at any time at the request of the person holding them.
(6) The transfer, surrender and cancellation of allowances shall be in accordance with any detailed provisions for a standardised and secured system of registries adopted by the Commission pursuant to Article 19 of the Directive.
(7) A person who fails to comply with paragraph (3) is guilty of an offence.
Validity of allowances
17. (1) Allowances shall only be valid for emissions during the periods for which they are issued.
(2) (a) Four months after the beginning of each eight year period beginning on 1 January 2013, allowances which are no longer valid and have not been surrendered and cancelled in accordance with Regulation 16 shall be cancelled or caused to be cancelled by the Agency.
(b) The Agency shall, as soon as practicable, issue allowances to persons for the current period to replace any allowances held by them which are cancelled or caused to be cancelled in accordance with subparagraph (a).
Issue of Direction
18. (1) The Agency may issue a direction to an aircraft operator to comply with Regulations 7, 10, 12 or 16(3).
(2) An aircraft operator who fails to comply with a direction issued to him or her is guilty of an offence.
Direction
19. A direction issued by the Agency pursuant to Regulation 18 shall be—
(a) in writing,
(b) served in accordance with Regulation 20,
(c) contain reasons for the direction, and
(d) advise the recipient of his or her right of appeal pursuant to Regulation 21.
Service of Direction
20. (1) Where a direction is required to be issued by the Agency, the direction shall be in writing and shall be addressed to the aircraft operator and shall be given to the aircraft operator in one of the following ways—
(a) by delivering it to the aircraft operator,
(b) by leaving it at the address at which the aircraft operator carries on business,
(c) by sending it by post in a pre-paid registered letter addressed to the aircraft operator at the address at which the aircraft operator carries on his or her business,
(d) if an address for the service of a direction has been furnished by the aircraft operator, by leaving it at, or sending it by pre-paid registered post addressed to the aircraft operator, to that address,
(e) by sending it by means of electronic mail or a facsimile machine, to a device or facility for the reception of electronic mail or facsimiles located at the address at which the aircraft operator carries on business or, if an address for the service of a direction has been furnished by the aircraft operator, that address:
provided that—
(i) the sender’s—
(I) facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail, or
(II) facsimile machine generates a message confirming successful transmission of the total number of pages of the direction, and
(ii) the direction is also given in one of the other ways mentioned in any of the preceding paragraphs.
(2) For the purposes of paragraph (1)—
(a) a company registered under the Companies Acts is deemed to be ordinarily resident at its registered office, and
(b) every other body corporate and every unincorporated body is deemed to be ordinarily resident at its principal office or place of business.
(3) A copy of a direction, which has endorsed on it a certificate purporting to be signed by an officer of the Agency authorised in that behalf by the Agency stating that the copy is a true copy of the direction or reply may, without proof of signature of that person, be produced in every court and in all legal proceedings and is evidence, unless the contrary is shown, of the direction or reply.
Appeal from a Direction issued under Regulation 18
21. (1) A direction referred to in Regulation 18 shall take effect—
(a) where it is received by the person on whom it is served, or
(b) where an appeal is brought against the direction, on the day immediately following—
(i) the day on which the direction is confirmed on appeal or the appeal is withdrawn, or
(ii) the day specified in the direction.
(2) The bringing of an appeal against a direction referred to in paragraph (1) shall not have the effect of suspending the operation of the direction, but the appellant may apply to the court to have the operation of the direction suspended until the appeal is disposed of and, on such application, the court may, if it thinks proper to do so, direct that the operation of the notice be suspended until the appeal is disposed of.
(3) A person on whom a direction referred to in paragraph (1) is served may, within 7 days beginning on the day on which the direction is served on him or her, appeal against the direction to a judge of the District Court in the district court district in which the direction was served and in determining the appeal the judge may, if he or she is satisfied that it is reasonable to do so, confirm, vary or cancel the notice.
(4) Where, on the hearing of an appeal under this Regulation, a direction is confirmed, notwithstanding paragraph (1), the judge by whom the appeal is heard may, on the application of the appellant, suspend the operation of the direction for such period as in the circumstances of the case the judge considers appropriate.
(5) A person who—
(a) brings an appeal under paragraph (3), or
(b) applies for the suspension of the operation of a direction under paragraph (4) shall at the same time notify the Agency of the appeal or application, and the grounds for the appeal or application.
Injunctive Relief
22. (1) Where, on application by the Agency to the High Court, the Court is satisfied that an aircraft operator has failed to comply with a direction or a requirement of these Regulations, the Court may by order—
(a) direct the person to comply with the direction or requirement, and
(b) make such other provision, including provision in relation to the payment of costs, as the Court considers appropriate.
(2) An application for an order under this Regulation shall be by motion, and the High Court, when considering the matter, may make such interim or interlocutory order as it considers appropriate.
(3) An application for an order under this Regulation may be made whether or not there has been a prosecution for an offence under these Regulations in relation to the activity concerned, and shall not prejudice the initiation of a prosecution for an offence under these Regulations in relation to the activity concerned.
Offences
23. (1) For the purposes of paragraphs (1) to (9) of this Regulation, sections 8, 9, 10, 11 and 12 of the Environmental Protection Agency Act 1992 (No. 7 of 1992) shall apply to the prosecution of an offence.
(2) A person guilty of an offence under Regulation 7, 10, 12, 16(3) or 18 shall be liable—
(a) on summary conviction, to a fine not exceeding €3,000, or to imprisonment for any term not exceeding 12 months or, at the discretion of the court, to both such fine and such imprisonment, or
(b) on conviction on indictment, to a fine not exceeding €15,000,000, or to imprisonment for a term not exceeding 10 years or, at the discretion of the court, to both such fine and such imprisonment.
(3) Where a person, after conviction of an offence under these Regulations, continues to contravene the Regulations, he or she shall be guilty of an offence on every day on which the contravention continues and for each such offence, he or she shall be liable to a fine, on summary conviction, not exceeding €1,000 or on conviction on indictment, not exceeding €130,000.
(4) Where an offence under these Regulations is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of any director, manager, secretary or any other officer of such body, such person shall also be guilty of an offence.
(5) Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence under these Regulations, prosecuted by the Agency, it shall, on the application of the Agency (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 and such payment may be enforced by the Agency, as if it were due to it on foot of a decree or order made by the court in civil proceedings.
(6) An offence under Regulation 7, 10, 12, 16(3) or 18, as the case may be, may be prosecuted summarily by the Agency.
(7) Notwithstanding the provisions of section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under these Regulations may be commenced—
(a) at any time within 12 months from the date on which the offence was committed, or
(b) at any time within 6 months from the date on which evidence sufficient, in the opinion of the person by whom the proceedings are initiated, to justify the proceedings, comes to such person’s knowledge,
whichever is the later: provided that no such proceedings shall be initiated later than 5 years from the date on which the offence concerned was committed.
(8) For the purposes of this Regulation, a certificate signed by or on behalf of the person initiating the proceedings as to the date on which evidence relating to the offence came to his or her knowledge shall be prima facie evidence thereof and in any legal proceedings a document purporting to be a certificate issued for the purposes of this paragraph and to be so signed shall be deemed to be so signed and shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate, unless the contrary is shown.
(9) Where a person 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 the costs and expenses, measured by the court, incurred by the Agency 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 directors, employees, consultants and advisers.
(10) The Agency shall publish the names of aircraft operators who are in breach of the requirements to surrender allowances as required by Regulation 16(3), and the details of such breach.
(11) An aircraft operator who fails to surrender allowances as required by Regulation 16(3), not later than 30 April of each year and commencing after 1 January 2013, to cover its emissions during the preceding year shall be liable for payment to the Agency of an excess emissions penalty in the amount of €100 for each tonne of carbon dioxide equivalent emitted for which the aircraft operator has not surrendered allowances.
(12) Payment of the excess emissions penalty specified in this Regulation shall not release the aircraft operator from the obligation to surrender an amount of allowances equal to those excess emissions when surrendering allowances in relation to the following calendar year.
(13) An excess emissions penalty under this Regulation may be recovered by the Agency, as a simple contract debt in a court of competent jurisdiction.
(14) In the event that an aircraft operator fails to comply with the requirements of these Regulations and where other enforcement measures have failed to ensure compliance, the Agency may, with the approval of the Minister, request the Commission to decide on the imposition of an operating ban on an aircraft operator and shall submit a report to the Commission in accordance with paragraph (15).
(15) The report referred to in paragraph (14) shall include—
(a) evidence that the aircraft operator has not complied with its obligations under these Regulations,
(b) details of the enforcement action which has been taken by the Agency,
(c) a justification for the imposition of an operating ban at Community level, and
(d) a recommendation for the scope of an operating ban at Community level and any conditions that should be applied.
(16) The Agency shall enforce, within its territory, any decisions adopted by the Commission pursuant to Article 16(10) of the Directive.
Access to information
24. The Agency shall make available to the public, decisions relating to the allocation of allowances and the reports of emissions submitted to it by aircraft operators, in accordance with the Commission’s Monitoring and Reporting Guidelines and the provisions of the European Communities (Access to Information on the Environment) Regulations 2007 ( S.I. No. 133 of 2007 ).
Registry
25. (1) The Agency shall, in accordance with any detailed provisions for a standardised and secured system of registries adopted by the Commission pursuant to Article 19 of the Directive, establish and maintain, or cause to be established and maintained, a registry in order to ensure the accurate accounting of—
(a) the issue, holding, transfer and cancellation of allowances, and
(b) the holding, transfer and cancellation of emission reduction units and certified emission reduction units, and may do so in a consolidated manner with the registry of one or more Member States of the European Communities.
(2) Any person may hold allowances.
(3) The registry shall be accessible to the public and shall contain separate accounts to record the allowances held by each person to whom and from whom allowances are issued or transferred.
Central Administrator — Irregularities on Transactions in the Registry
26. Where irregularities are identified by or to the Agency, it shall not register, or allow to be registered as appropriate, the transactions in question or any further transactions relating to the allowances concerned until the irregularities have been resolved.
Assistance to be provided by the Irish Aviation Authority
27. For the purposes of the administration and implementation of the Directive, the Agency may request the Irish Aviation Authority to furnish to it information in relation to aviation activities, either generally or in respect of a specific aircraft operator, and the Authority shall comply with such a request.
Authorised Officer
28. (1) The Agency may appoint in writing one or more of its officers, as it considers appropriate, to be an authorised officer or authorised officers for the purposes of ensuring compliance with these Regulations.
(2) Every authorised officer appointed under this Regulation shall be furnished with a warrant of his or her appointment and shall if requested by any person thereby affected, produce such warrant of appointment to that person for inspection.
(3) An appointment under this Regulation shall cease—
(a) if the Agency revokes the appointment,
(b) in the case of an appointment that is for a fixed period, on the expiry of the period, or
(c) if the person appointed ceases to be an officer of the Agency.
(4) An authorised officer may, for the purposes of these Regulations—
(a) subject to paragraph (7) enter on any premises at all reasonable times for any purpose connected with these Regulations,
(b) at such premises inspect and take copies of, any books, records, other documents (including documents stored in non-legible form) or extracts therefrom, which he or she finds in the course of his or her inspection,
(c) remove such photographs, books, records or documents from such premises and detain them for such period as he or she reasonably considers to be necessary for the purposes of his or her functions under these Regulations,
(d) require the aircraft operator or his or her agent or employee or any person at the premises or person in charge of the premises and any person employed there to give to him or her such assistance and information and to produce to him or her such books, documents or other records (and in the case of documents or records stored in non-legible form, produce to him or her a legible reproduction thereof) that are in that person’s power or procurement, as he or she may reasonably require for the purposes of his or her functions under these Regulations,
(e) direct that any matter or thing not be moved from the premises without his or her consent, or
(f) secure for later inspection any premises or part of any premises for such period as he or she considers reasonably necessary for the purposes of his or her functions under these Regulations.
(5) When performing a function under these Regulations, an authorised officer may, subject to any warrant under paragraph (6), be accompanied by such number of authorised officers or members of the Garda Síochána as he or she considers appropriate.
(6) An authorised officer shall not enter a dwelling other than—
(a) with the consent of the occupier, or
(b) in accordance with a warrant issued under paragraph (7).
(7) Upon the sworn information of an authorised officer, a judge of the District Court may, if satisfied that there are reasonable grounds for believing that books, records or other documents (including documents in non-legible form referred to in paragraph (4)(d)) are being kept or stored in any dwelling, issue a warrant authorising a named authorised officer accompanied by such other authorised officers or members of the Garda Síochána as may be necessary, at any time or times, not later than one month from the date of issue of the warrant, to enter the dwelling and perform the functions of an authorised officer under subparagraphs (a) to (f) of paragraph (4).
(8) Any person who obstructs or interferes with an authorised officer or a member of the Garda Síochána in the course of exercising a power conferred on him or her by these Regulations or a warrant under paragraph (7), or impedes the exercise by the officer or member, as the case may be, of such power, or fails or refuses to comply with a request or requirement of, or to answer a question asked by, the officer or member pursuant to this Regulation, or in purported compliance with such request or requirement or in answer to such question gives information to the officer or member that he or she knows to be false or misleading in any material respect, is guilty of an offence.
(9) Where an authorised officer believes, upon reasonable grounds, that a person has committed an offence under these Regulations he or she may require that person to provide him or her with his or her name and the address at which he or she ordinarily resides.
(10) A person who falsely represents himself or herself to be an authorised officer is guilty of an offence.
(11) A statement or admission made by a person pursuant to a request or requirement or in answer to a question under this Regulation shall not be admissible as evidence in proceedings brought against that person for an offence (other than an offence under paragraph (8)).
(12) In this Regulation—
“premises” means as respects entry pursuant to paragraph (4), any place and shall include any building, ship or other vessel, aircraft, railway wagon and includes a lorry or container used to transport vehicles, or a lorry found on the lands,
“record” includes, in addition to a record in writing—
(a) a disc, tape, sound-track or other device in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form,
(b) a film, tape or other device in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form,
(c) a photograph, and
any reference to a copy of a record includes—
(i) in the case of a record to which paragraph (a) applies, a transcript of the sounds or signals embodied therein,
(ii) in the case of a record to which paragraph (b) applies, a still reproduction of the images embodied therein, and
(iii) in the case of a record to which paragraphs (a) and (b) apply, such a transcript together with such a still reproduction.
Reporting to the Commission
29. The Agency shall submit to the Commission an annual report on the application of these Regulations, providing information on the allocation of allowances, the use of emission reduction units and certified emission reduction units in the Community scheme, the operation of the registry, the application of the Commission’s Monitoring and Reporting Guidelines, the verification of reports on emissions, compliance with these Regulations, measures taken to implement decisions referred to in Regulation 23(16) and the fiscal treatment of allowances, if any.
Revocation
30. The European Communities (Greenhouse Gas Emissions Trading) (Aviation) Regulations 2009 ( S.I. No. 274 of 2009 ) are revoked.
Regulation 3
SCHEDULE 1 CATEGORIES OF ACTIVITIES
Activities
Greenhouse gases
AviationFlights which depart from or arrive in an aerodrome situated in the territory of a Member State to which the Treaty applies.The detailed interpretation of these aviation activities, including the exemptions, are set out in the Commission’s Interpretation of Aviation Activities.This activity shall not include:(a)flights performed exclusively for the transport, on official mission, of a reigning Monarch and his or her immediate family, Heads of State, Heads of Government and Government Ministers, of a country other than a Member State, where this is substantiated by an appropriate status indicator in the flight plan;(b)military flights performed by military aircraft and customs and police flights;(c)flights related to search and rescue, firefighting flights, humanitarian flights and emergency medical service flights authorised by the appropriate competent authority;(d)any flights performed exclusively under visual flight rules as defined in Annex 2 to the Chicago Convention;(e)flights terminating at the aerodrome from which the aircraft has taken off and during which no intermediate landing has been made;(f)training flights performed exclusively for the purpose of obtaining a licence, or a rating in the case of cockpit flight crew where this is substantiated by an appropriate remark in the flight plan provided that the flight does not serve for the transport of passengers and/or cargo or for the positioning or ferrying of the aircraft;(g)flights performed exclusively for the purpose of scientific research or for the purpose of checking, testing or certifying aircraft or equipment whether airborne or ground-based;(h)flights performed by aircraft with a certified maximum take-off mass of less than 5700 kg;(i)flights performed in the framework of public service obligations imposed in accordance with Regulation (EEC) No. 2408/92 13 on routes within outermost regions, as specified in Article 299(2) of the Treaty, or on routes where the capacity offered does not exceed 30000 seats per year; and(j)flights which, but for this point, would fall within this activity, performed by a commercial air transport operator operating either:— fewer than 243 flights per period for three consecutive four-month periods; or— flights with total annual emissions lower than 10000 tonnes per year.Flights performed exclusively for the transport, on official mission, of a reigning Monarch and his or her immediate family, Heads of State, Heads of Government and Government Ministers, of a Member State may not be excluded under this point.
Carbon dioxide(CO2)
13 O.J. No. L240 24.8.1992 p.8
Regulation 2
SCHEDULE 2 GREENHOUSE GASES
Carbon dioxide (CO2)
Methane (CH4)
Nitrous Oxide (N2O)
Hydrofluorocarbons (HFCs)
Perfluorocarbons (PFCs)
Sulphur Hexafluoride (SF6)
Regulation 7
SCHEDULE 3 PRINCIPLES FOR MONITORING AND REPORTINGREFERRED TO IN REGULATIONS 7, 8, 10, 11, 12, 13 and 14
Monitoring and reporting of emissions from aviation activities
Monitoring of carbon dioxide emissions
Emissions shall be monitored by calculation. Emissions shall be calculated using the formula:
Fuel consumption emission factor
Fuel consumption shall include fuel consumed by the auxiliary power unit. Actual fuel consumption for each flight shall be used wherever possible and shall be calculated using the formula:
Amount of fuel contained in aircraft tanks once fuel uplift for the flight is complete — amount of fuel contained in aircraft tanks once fuel uplift for subsequent flight is complete + fuel uplift for that subsequent flight.
If actual fuel consumption data are not available, a standardised tiered method shall be used to estimate fuel consumption data based on best available information.
Default IPCC emission factors, taken from the 2006 IPCC Inventory Guidelines or subsequent updates of these Guidelines, shall be used unless activity-specific emission factors identified by independent accredited laboratories using accepted analytical methods are more accurate. The emission factor for biomass shall be zero.
A separate calculation shall be made for each flight and for each fuel.
Reporting of emissions
Each aircraft operator shall include the following information in its report under Regulation 12:
A. Data identifying the aircraft operator, including:
— name of the aircraft operator,
— its administering Member State,
— its address, including postcode and country and, where different, its contact address in the administering Member State,
— the aircraft registration numbers and types of aircraft used in the period covered by the report to perform the aviation activities listed in Schedule 1 for which it is the aircraft operator,
— the number and issuing authority of the air operator certificate and operating licence under which the aviation activities listed in Schedule 1 for which it is the aircraft operator were performed,
— address, telephone, fax and e-mail details for a contact person, and
— name of the aircraft owner.
B. For each type of fuel for which emissions are calculated:
— fuel consumption,
— emission factor,
— total aggregated emissions from all flights performed during the period covered by the report which fall within the aviation activities listed in Schedule 1 for which it is the aircraft operator,
— aggregated emissions from:
— all flights performed during the period covered by the report which fall within the aviation activities listed in Schedule 1 for which it is the aircraft operator and which departed from an aerodrome situated in the territory of a Member State and arrived at an aerodrome situated in the territory of the same Member State,
— all other flights performed during the period covered by the report which fall within the aviation activities listed in Schedule 1 for which it is the aircraft operator,
— aggregated emissions from all flights performed during the period covered by the report which fall within the aviation activities listed in Schedule 1 for which it is the aircraft operator and which:
— departed from each Member State, and
— arrived in each Member State from a third country,
— uncertainty.
Monitoring of tonne-kilometre data for the purpose of Regulations 11, 13 and 14
For the purpose of applying for an allocation of allowances in accordance with Regulation 13 or 14, the amount of aviation activity shall be calculated in tonne-kilometres using the following formula:
tonne-kilometres = distance payload
where:
“distance” means the great circle distance between the aerodrome of departure and the aerodrome of arrival plus an additional fixed factor of 95 km; and
“payload” means the total mass of freight, mail and passengers carried.
For the purposes of calculating the payload:
— the number of passengers shall be the number of persons on-board excluding crew members,
— an aircraft operator may choose to apply either the actual or standard mass for passengers and checked baggage contained in its mass and balance documentation for the relevant flights or a default value of 100 kg for each passenger and his or her checked baggage.
Reporting of tonne-kilometre data for the purpose of Regulations 13 and 14
Each aircraft operator shall include the following information in its application under Regulation 13 or 14:
A. Data identifying the aircraft operator, including:
— name of the aircraft operator,
— its administering Member State,
— its address, including postcode and country and, where different, its contact address in the administering Member State,
— the aircraft registration numbers and types of aircraft used during the year covered by the application to perform the aviation activities listed in Schedule 1 for which it is the aircraft operator,
— the number and issuing authority of the air operator certificate and operating licence under which the aviation activities listed in Schedule 1 for which it is the aircraft operator were performed,
— address, telephone, fax and e-mail details for a contact person, and
— name of the aircraft owner.
B. Tonne-kilometre data:
— number of flights by aerodrome pair,
— number of passenger-kilometres by aerodrome pair,
— number of tonne-kilometres by aerodrome pair,
— chosen method for calculation of mass for passengers and checked baggage,
— total number of tonne-kilometres for all flights performed during the year to which the report relates falling within the aviation activities listed in Schedule 1 for which it is the aircraft operator.
Regulation 12
SCHEDULE 4 CRITERIA FOR VERIFICATIONREFERRED TO IN REGULATIONS 12, 13 and 14
Verification of emissions from aviation activities
General Principles
1. Emissions from aviation activities listed in Schedule 1 shall be subject to verification.
2. The verification process shall include consideration of the report submitted pursuant to Regulation 12 and of monitoring during the preceding year. It shall address the reliability, credibility and accuracy of monitoring systems and the reported data and information relating to emissions, in particular—
a. the reported activity data and related measurements and calculations;
b. the choice and the employment of emission factors;
c. the calculations leading to the determination of the overall emissions; and
d. if measurement is used, the appropriateness of the choice and the employment of measuring methods.
3. Reported emissions may only be validated if reliable and credible data and information allow the emissions to be determined with a high degree of certainty. A high degree of certainty requires the aircraft operator to show that—
a. the reported data is free of inconsistencies;
b. the collection of the data has been carried out in accordance with the applicable scientific standards; and
c. the relevant records of the aircraft used to perform the aviation activities covered by the report are complete and consistent.
4. The verifier shall be given access to all sites and information in relation to the subject of the verification.
5. The verifier shall take into account whether the aircraft operator is registered under the Community eco-management and audit scheme (EMAS).
Methodology
Strategic analysis
6. The verification shall be based on a strategic analysis of all the aviation activities covered by the report carried out by the aircraft operator. This requires the verifier to have an overview of all the activities and their significance for emissions.
Process analysis
7. The verification of the information submitted shall, where appropriate, be carried out on the sites used by the aircraft operator to perform the aviation activities covered by the report. The verifier shall use spot-checks to determine the reliability of the reported data and information.
Risk analysis
8. The verifier shall submit all the sources of emissions of the aircraft for which the aircraft operator is responsible to an evaluation with regard to the reliability of the data of each source contributing to the overall emissions of the aircraft.
9. On the basis of this analysis the verifier shall explicitly identify those sources with a high risk of error and other aspects of the monitoring and reporting procedure which are likely to contribute to errors in the determination of the overall emissions. This especially involves the choice of the emission factors and the calculations necessary to determine the level of the emissions from individual sources. Particular attention shall be given to those sources with a high risk of error and the abovementioned aspects of the monitoring procedure.
10. The verifier shall take into consideration any effective risk control methods applied by the aircraft operator with a view to minimising the degree of uncertainty.
Report
11. The verifier shall prepare a report on the validation process stating whether the report pursuant to Regulation 12 is satisfactory. This report shall specify all issues relevant to the work carried out. A statement that the report pursuant to Regulation 12 is satisfactory may be made if, in the opinion of the verifier, the total emissions are not materially misstated.
Minimum competency requirements for the verifier
12. The verifier shall be independent of the aircraft operator, carry out his or her activities in a sound and objective professional manner, and understand—
a. the provisions of this Directive, as well as relevant standards and guidance adopted by the Commission pursuant to Article 14(1) of the Directive;
b. the legislative, regulatory, and administrative requirements relevant to the activities being verified; and
c. the generation of all information related to each source of emissions of the aircraft for which the aircraft operator is responsible, in particular, relating to the collection, measurement, calculation and reporting of data.
13. The general principles and methodology set out in this Schedule shall apply to the verification of reports of emissions from flights falling within an aviation activity listed in Schedule 1.
Additional provisions for the verification of aviation emission reports
14. The verifier shall in particular ascertain that—
a. all flights falling within an aviation activity listed in Schedule 1 have been taken into account. In this task the verifier shall be assisted by timetable data and other data on the aircraft operator’s traffic including data from Eurocontrol requested by that operator;
b. there is overall consistency between aggregated fuel consumption data and data on fuel purchased or otherwise supplied to the aircraft performing the aviation activity.
Additional provisions for the verification of tonne-kilometre data submitted for the purposes of Regulations 13 and 14
15. The general principles and methodology for verifying emissions reports under Regulation 12 as set out in this Schedule, where applicable, also apply correspondingly to the verification of aviation tonne-kilometre data.
16. The verifier shall in particular ascertain that only flights actually performed and falling within an aviation activity listed in Schedule 1 for which the aircraft operator is responsible have been taken into account in that operator’s application under Regulations 13 and 14. In this task the verifier shall be assisted by data on the aircraft operator’s traffic including data from Eurocontrol requested by that operator. In addition, the verifier shall ascertain that the payload reported by the aircraft operator corresponds to records on payloads kept by that operator for safety purposes.
/images/ls
GIVEN under my Official Seal,
4 June 2010.
JOHN GORMLEY,
Minister for the Environment, Heritage and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations provide for the transposition of EU Directive 2008/101/EC which extends the EU Emissions Trading Scheme to aviation activities. The Aviation Directive (2008/101/EC) amends the EU Emissions Trading Scheme (ETS) Directive 2003/87/EC. All flights arriving at and departing from EU airports will be included in the EU ETS from 2012 onwards; there are some exemptions and these are identified in Schedule 1 to these Regulations.
These Regulations incorporate the provisions of the first phase of transposition of the Directive — the European Communities (Greenhouse Gas Emissions Trading) (Aviation) Regulations 2009 ( S.I. No. 274 of 2009 ). Those Regulations are also being revoked by these Regulations.
The purpose of these Regulations is to establish the procedures in Ireland for participation by aircraft operators in the EU ETS as extended to cover the aviation sector. The procedures include:
— designation of the Environmental Protection Agency as the competent authority for the purposes of the Aviation Directive;
— submission of monitoring plans to the Environmental Protection Agency;
— monitoring, reporting and verification obligations for aircraft operators;
— allocation of allowances;
— operation of a special reserve for certain aircraft operators;
— surrendering of allowances by aircraft operators;
— accounting for the issue, holding, transfer and cancellation of allowances by providing a registry for this purpose;
— allowing access to information held by the Environmental Protection Agency; and
— enforcement provisions.
1 O.J. No. L275 25.10.2003 p. 32
2 O.J. No. L338 13.11.2004 p. 18
3 O.J. No. L8 13.1.2009 p. 3
4 O.J. No. L149 12.6.2009 p. 69
5 O.J. No. L275 25.10.2003 p. 32
6 O.J. No. L229 31.8.2007 p. 1
7 O.J. No. L24 28.1.2009 p. 18
8 O.J. No. L103 23.4.2009 p.10
9 O.J. No. L257 10.10.1996 p. 26
10 O.J. No. L338 13.11.2004 p. 18
11 O.J. No. L8 13.1.2009 p. 3
12 O.J. No. L240 24.8.1992 p. 1
13 O.J. No. L240 24.8.1992 p.8
Control of Substances that Deplete the Ozone Layer Regulations 2011.
“Iris Oifigiúil” of 16th September, 2011.
I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by sections 6 and 53 of the Environmental Protection Agency Act 1992 (No. 7 of 1992) for the purpose of giving effect to Regulation (EC) No. 1005/2009 (1 ) of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer, hereby make the following Regulations:—
Citation
1. These Regulations may be cited as the Control of Substances that Deplete the Ozone Layer Regulations 2011.
Interpretation
2. (1) In these Regulations:-
“Act of 1992” means the Environmental Protection Agency Act 1992 (No.7 of 1992);
“Agency” means the Environmental Protection Agency established under Section 19 of the Act of 1992;
“authorised person” means a person who is
(a) appointed in writing by a Minister, a local authority or the Agency or by such other person or body as may be prescribed, as the case may be, to be an authorised person for the purposes of this Act or any Part or section thereof, or
(b) appointed in writing to be an authorised person pursuant to regulations under this Act by a person specified in those regulations;
“Commission” means the Commission of the European Communities;
“controlled substances” means those substances falling within the scope of the Regulation (EC) No. 1005/2009;
“competent authority” has the meaning assigned by Regulation 6;
“competent body” has the meaning assigned by Regulation 7;
“Minister” means the Minister for the Environment, Community and Local Government;
“person” means any natural or legal person;
“premises” includes any messuage, building, vessel, structure or land (whether or not there are structures on the land or whether or not the land is covered with water) or any hereditament of any tenure, together with any out-buildings and curtilage;
“record” includes, in addition to a record in writing—
(a) a disc, tape, sound-track or other device in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form,
(b) a film, tape or other device in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form, and
(c) a photograph,
and any reference to a copy of a record includes—
(i) in the case of a record to which paragraph (a) applies, a transcript of the sounds or signals embodied therein,
(ii) in the case of a record to which paragraph (b) applies, a reproduction of the images embodied therein, and
(iii) in the case of a record to which paragraphs (a) and (b) apply, such a transcript together with such a reproduction of the images.
“Regulation 1005/2009” means Regulation (EC) No. 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer, which repealed Regulation (EC) No. 2037/20002 .
(2) In these Regulations a letter, word, phrase or symbol which has been assigned a meaning by Regulation 1005/2009, or is used in that Regulation, has that meaning where the context requires except where otherwise indicated
Objective and Scope
3. (1) These Regulations make provisions necessary for implementation of Regulation 1005/2009 in Ireland.
(2) The scope of these Regulations is that stated in Article 2 of Regulation 1005/2009.
Prohibition of Certain Goods
4. Controlled substances which are prohibited from being imported or exported, or are subject to any restriction on importation or exportation, are deemed to be so prohibited or restricted for the purposes of section 42, 178, 202, 207 and 208 of the Customs Consolidation Act 1876 (39 and 40 Vict., c.36) sections 3 and 5 of the Customs Act 1956 No. 7 of 1956) and sections 6 , 7 and 9 of the Customs and Excise (Miscellaneous Provisions) Act 1988 (No. 10 of 1988).
Competent Authority
5. (1) The Environmental Protection Agency is the competent authority for the purposes of Regulation 1005/2009.
(2) The Agency shall exercise general supervision over the functions and actions of competent bodies to whom responsibilities are assigned by Regulation 6(1), and provide guidance or advice to such bodies, where necessary.
(3) The Agency shall promote the proper use, recovery, recycling, reclamation and destruction of controlled substances, and the use of alternatives to controlled substances.
(4) The Agency and the Revenue Commissioners shall liaise together when an import licence has been issued in accordance with Article 15(3) of Regulation 1005/2009.
(5) The Agency and the Revenue Commissioners shall liaise together when an export licence has been issued in accordance with Article 17(4) of Regulation 1005/2009.
(6) The Agency shall forward to the Revenue Commissioners a copy of each relevant report which it receives pursuant to Article 27 of Regulation 1005/2009.
(7) The Agency shall carry out, or cause to be carried out, investigations requested by the Commission under Article 28(1) of Regulation 1005/2009.
(8) The Agency shall carry out, or cause to be carried out, inspections using a risk-based approach, of imports and exports of controlled substances and products and equipment relying on those substances, in accordance with Article 28(1) of Regulation 1005/2009.
(9) The Agency, following consultation with stakeholders and the competent bodies designated under Regulation 6(1)–
(a) shall provide guidance on compliance with these Regulations and Regulation 1005/2009,
(b) shall provide guidance on the environmentally sound management of waste controlled substances, and
(c) may provide guidance on any administrative matter for the purposes of these Regulations.
Competent Bodies
6. (1) Each of the following is a competent body for the purposes of these Regulations:—
(a) for requests, under Article 12(3) of Regulation 1005/2009, for emergency use of methyl bromide to deal with unexpected outbreaks of particular pests or diseases, the Minister for Agriculture, Fisheries and Food;
(b) for controlled substances on ships or other sea-going vessels, the Minister for Transport, Tourism and Sport; and
(c) for import or export of controlled substances, the Revenue Commissioners.
(2) Competent bodies shall support the Agency:
(a) in promoting the proper use, recovery, recycling, reclamation and destruction of controlled substances, and the use of alternatives to controlled substances; and
(b) in carrying out investigations and inspections on imports and exports of controlled substances as well as products and equipment relying on those substances.
(3) The functions of a competent body for the purposes of this Regulation shall be exercised without prejudice to the requirements of any other legal code appropriate to its responsibilities.
User Responsibility
7. (1) Producers, undertakings and any other person whose business involves the use of controlled substances, or the marketing, maintenance or servicing of products or equipment which contain such substances, shall:-
(a) comply with the provisions of these Regulations;
(b) take all precautionary measures practicable to prevent and minimise leakage of controlled substances;
(c) ensure that persons in their employment who require a qualification for the purposes of Regulation 9(2) shall hold an appropriate qualification prior to carrying out or supervising any work in respect of which the qualification is required;
(d) ensure that, where controlled substances, and products and equipment which contain or contained such substances, are waste, such waste is managed in accordance with the requirements of the Waste Management Act 1996 (no.10 of 1996);
(e) keep appropriate records for the purpose of demonstrating compliance with these Regulations;
(f) provide such records, in such format and at such frequency as may be determined by the Agency, pursuant to Article 23(3) of Regulation 1005/2009;
(g) provide such records, in such format and at such frequency as may be determined by the Agency, to assist the Agency in preparing reports required under Article 26 of Regulation 1005/2009; and
(h) comply with guidance provided by the Agency under Regulation 5(9).
(2)(a) A person who owns or otherwise has responsibility for fixed equipment with a refrigerating fluid charge of more than 3 kilograms shall:-
(i) have such equipment checked for leakages at the frequencies set out in Article 23(2) of Regulation 1005/2009;
(ii) maintain appropriate records of such checks; and
(iii) comply with guidance provided by the Agency under Regulation 5(9).
(b) Leakage checks for the purposes of paragraph (a) shall be carried out by a person qualified in accordance with Regulation 9(2).
Waste Management
8. (1) Where controlled substances arise as waste, they must be managed in accordance with the relevant waste legislation and the requirements of these Regulations.
(2) Holders of waste controlled substances shall:-
(a) comply with any guidance as may be provided by the Agency under Regulation 5(9) for the purpose of ensuring environmentally sound management of waste controlled substances, and
(b) keep records of movements of waste controlled substances and provide reports to the Agency in such format and at such frequency as may be determined by the Agency.
Qualified Person
9. (1)(a) A person whose business or employment involves leakage control, recovery, recycling, reclamation or destruction of controlled substances, shall hold a qualification in accordance with Regulation 9(2) or be supervised by a person with such a qualification.
(b) For the purpose of paragraph (a):-
(i) relevant business and employment includes the production or the servicing, of products or equipment containing controlled substances; and
(ii) leakage control shall be construed as including the checking of products or equipment which contain controlled substances, for the purpose of preventing and minimising leakage of such substances.
(2)(a) For persons whose business or employment involves the installation, servicing, maintenance, dismantling or disposal of refrigeration, air-conditioning and heat pump equipment in which controlled substances are used, FETAC Specific Purpose Certificate Handling Fgas Refrigerants Code 5S0108 or equivalent;
(b) For persons whose business or employment involves the installation, servicing, maintenance, dismantling or disposal of fire protection systems and fire extinguishers, in which controlled substances are used, the FETAC Specific Purpose Certificate Handling Fgas Fire Extinguishants Award Code 5S0110 or equivalent; and
(c) For persons whose business or employment involves handling methyl bromide in accordance with Regulation 6(1)(a), the British Pest Control Association Certificate of Proficiency for Fumigation Operators in a relevant specialist module or relevant specialist modules, or equivalent.
(3) A decision by the Agency on any issue arising in relation to an equivalent qualification shall be final.
(4) For the purposes of this Regulation, any reference to employment shall be construed as including self-employment.
Reporting
10. (1) The Minister shall, following consultation with the Agency and the competent bodies, submit to the Commission the annual reports for each calendar year, in electronic format, as required under Article 26(1) of Regulation 1005/2009.
(2) Each competent body shall, as appropriate, maintain records and provide the Agency with information required for the purposes of Regulation 10(1).
(3) Undertakings, including producers, importers and exporters, and those involved in destruction and use of controlled substances, shall report to the Commission in accordance with Article 27 of Regulation 1005/2009, providing a copy of the report to the Agency.
(4) Producers, undertakings and any other person whose business involves the use of controlled substances shall provide to any competent body or to the Agency any information required for the purposes of Regulation 10(1), or such other information as may reasonably be sought by a competent body or the Agency.
Savings
11. A person shall not be entitled solely by reason of compliance with these Regulations to—
(a) produce, import, export, operate, recover, replace, destroy, recycle, reclaim, use, handle, supply, place on the market or distribute a controlled substance, or
(b) install, service, maintain, check for leakage, repair, dismantle, destroy or dispose of products or equipment containing a controlled substance.
Offences
12. Any person or body who contravenes or fails to comply with a provision of these Regulations shall be guilty of an offence under the Act of 1992.
Amendment
13. The Environmental Protection Agency Act 1992 (Fluorinated Greenhouse Gas) Regulations 2011 ( S.I. No. 278 of 2011 ) are amended by substituting for Regulation 1 the following:
“1. These Regulations may be cited as the Environmental Protection Agency Act 1992 (Fluorinated Greenhouse Gas) Regulations 2011.”.
Revocation
14. The Control of Substances that Deplete the Ozone Layer Regulations 2006 ( S.I. No. 281 of 2006 ) are revoked.
/images/ls
Given under the Official Seal of the Minister for the Environment, Community and Local Government.
7 September 2011.
PHIL HOGAN,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Regulations and does not purport to be a legal interpretation)
These Regulations make provisions necessary for the purposes of full and effective implementation in Ireland of Regulation (EC) No. 1005/2009 on substances that deplete the ozone layer. The main provisions of the Regulations are:
Regulation 5 — designation of the Environmental Protection Agency as competent authority for the purposes of Regulation (EC) No. 1005/2009;
Regulation 6 — designation of a number of competent bodies to administer specific provisions of Regulation (EC) No. 1005/2009 in Ireland. The competent body functions assigned to the Minister for Transport, Tourism and Sport will be administered by the Maritime Safety Directorate;
Regulations 7 and 8 — various requirements to be met by persons whose business involves the use of controlled substances, or the marketing, maintenance or servicing of products or equipment which contain controlled substances. The relevant waste legislation referred to in Regulation 8(1) includes in particular, but is not limited to, the following:
• Waste Management (Collection Permit) Regulations 2007 ( S.I. No 820 of 2007 )
• Waste Management (Facility Permit and Registration) Regulations 2007 ( S.I. No. 821 of 2007 );
Regulation 9 — various qualification requirements for persons whose business or employment involves—
• leakage control, recovery, recycling, reclamation or destruction of controlled substances;
• installation, servicing, maintenance, dismantling or disposal of refrigeration, air-conditioning and heat pump equipment in which controlled substances are used;
• installation, servicing, maintenance, dismantling or disposal of fire protection systems and fire extinguishers, in which controlled substances are used; and
• fumigation using methyl bromide; and
Regulation 10 — various reporting requirements, including requirements for persons whose business involves the use of controlled substances.
1 OJ L 244/6 of 29.9.2000
2OJ L 71 10.3.2004
Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Cookie
S.I. No. 553/2014 –
European Communities (Greenhouse Gas Emissions Trading) (Aviation) (Amendment) Regulations 2014.
I, ALAN KELLY, 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 by sections 6 and 53 of the Environmental Protection Agency Act 1992 (No. 7 of 1992) and for the purpose of giving further effect to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 20031 , as amended by Directive 2004/101/EC of the European Parliament and of the Council of 27 October 20042 , Directive 2008/101/EC of the European Parliament and of the Council of 19 November 20083 , and Directive 2009/29/EC of the European Parliament and of the Council of 23 April 20094 hereby make the following regulations:
1. These Regulations may be cited as the European Communities (Greenhouse Gas Emissions Trading) (Aviation) (Amendment) Regulations 2014.
2. In these Regulations “Directive” means Directive 2003/87/EC of 13 October 20031 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC5 , as amended by Directive 2004/101/EC of 27 October 20042 in respect of the Kyoto Protocol’s project mechanisms, by Directive 2008/101/EC of 19 November 20083 so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community, by Regulation (EC) No 219/2009 of 11 March 20096 on adaptation to the regulatory procedure with scrutiny, by Directive 2009/29/EC of 23 April 20094 so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community, and by Regulation (EC) No 421/20147 of 16 April 2014 in view of the implementation by 2020 of an international agreement applying a single global market-based measure to international aviation emissions;
“LDCs” means Least Developed Countries as defined by the Committee for Economic Development and endorsed by the Economic and Social Council of the United Nations.
3. A word or expression that is used in these Regulations and is also used in the Directive has the same meaning in these Regulations that it has in the Directive.
4. The European Communities (Greenhouse Gas Emissions Trading) (Aviation) Regulations 2010 ( S.I. No. 261 of 2010 ) are amended-
(a) By inserting the following after Regulation 15
“15A.(1) Without prejudice to the application of Article 28(3) and (4) of the Directive, paragraphs 2 to 7 of this Regulation shall apply,
(2) To the extent that the levels of CER and ERU use, allowed to an aircraft operator for the period from 2008 to 2012, have not been used up, an aircraft operator may request the Agency to issue allowances to it valid from 2013 onwards in exchange for CERs and ERUs issued in respect of emission reductions up until 2012 from project types which were eligible for use in the Community scheme during the period from 2008 to 2012. Until 31 March 2015, the Agency shall make such an exchange on request.
(3) To the extent that the levels of CER and ERU use, allowed to an aircraft operator for the period from 2008 to 2012, have not been used up, the Agency shall allow an aircraft operator to exchange CERs and ERUs from projects that were registered before 2013 issued in respect of emission reductions from 2013 onwards for allowances valid from 2013 onwards. This paragraph shall apply to CERs and ERUs for all project types which were eligible for use in the Community scheme during the period from 2008 to 2012.
(4) To the extent that the levels of CER and ERU use, allowed to an aircraft operator for the period from 2008 to 2012, have not been used up, the Agency shall allow an aircraft operator to exchange CERs issued in respect of emission reductions from 2013 onwards for allowances from new projects started from 2013 onwards in LDCs. This paragraph shall apply to CERs for all project types which were eligible for use in the Community scheme during the period from 2008 to 2012, until those countries have ratified a relevant agreement with the Community or until 2020, whichever is the earlier.
(5) To the extent that the levels of CER and ERU use, allowed to an aircraft operator for the period from 2008 to 2012, have not been used up and in the event that the negotiations on an international agreement on climate change are not concluded by 31 December 2009, credits from projects or other emission reducing activities may be used in the Community scheme in accordance with agreements concluded with third countries, specifying levels of use. In accordance with such agreements, an aircraft operator shall be able to use credits from project activities in those third countries to comply with their obligations under the Community scheme.
(6) Any agreements referred to in paragraph 5 shall provide for the use of credits in the Community scheme from project types which were eligible for use in the Community scheme during the period from 2008 to 2012, including renewable energy or energy efficiency technologies which promote technological transfer and sustainable development. Any such agreement may also provide for the use of credits from projects where the baseline used is below the level of free allocation under the measures referred to in Article 10a of the Directive or below the levels required by Community legislation.
(7) Once an international agreement on climate change has been reached, only credits from projects from third countries which have ratified that agreement shall be accepted in the Community scheme from 1 January 2013.
(b) By inserting the following after Regulation 15A:
“15B.(1) When hosting project activities, no ERUs or CERs will be issued for reductions or limitations of greenhouse gas emissions from activities falling within the scope of the Directive.
(2) Project activities shall only be authorised where all project participants have headquarters either in a country that has concluded the international agreement relating to such projects or in a country or sub-federal or regional entity which is linked to the Community scheme pursuant to Article 25 of the Directive”
/images/ls
GIVEN under my Official Seal,
1 December 2014.
ALAN KELLY,
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)
The purpose of these Regulations is to provide further amendments to the European Communities (Greenhouse Gas Emissions Trading) (Aviation) Regulations 2010 in order to fully transpose Directive 2008/101/EC.
1 O.J. No L 275 25.10.2003 p32
2 O.J. No. L 338 13.11.2004 p. 18
3 O.J. No. L 8 13.1.2009 p. 3
4 O.J. No. L 140 5.6.2009 p. 63
5 O.J. No. L 257 10.10.1996 p. 26
6 O.J. No. L 87 31.3.2009 p. 109
7 O.J. No. L 129 30.04.2014 p.1
S.I. No. 571/2016 –
Air Pollution Act 1987 (Registration of Fuel Bagging Operators and Suppliers, and Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2016.
I, DENIS NAUGHTEN, Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on me by sections 6 (as amended by Section 8 of the Protection of the Environment Act 2003 (No. 27 of 2003)) and 53 of the Environmental Protection Agency Act 1992 (No. 7 of 1992) and by sections 10, 22F (inserted by Section 24 of the Environment (Miscellaneous Provisions) Act 2015 (No. 29 of 2015)) and 53 (as amended by Section 26 of that Act) of the Air Pollution Act 1987 (No. 6 of 1987) (as amended) and the Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 ( S.I. No. 393 of 2016 ) (as adapted by the Communications, Energy and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2016 ( S.I. No. 421 of 2016 )), hereby make the following regulations:
Part 1
PRELIMINARY AND GENERAL
Citation
1. These Regulations may be cited as the Air Pollution Act 1987 (Registration of Fuel Bagging Operators and Suppliers, and Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2016
Commencement
2. These Regulations come into effect on 17th November 2016.
Definitions
3. In these Regulations, save where the context otherwise requires:
“Act of 1987” means the Air Pollution Act 1987 (No. 6 of 1987) as amended;
“Act of 2015” means the Environment (Miscellaneous Provisions) Act 2015 (No. 29 of 2015);
“Agency” means the Environmental Protection Agency;
“bagging operator” means a person or body engaged in the business of bagging or baling:
(i) bituminous coal, (ii) low smoke solid fuel, or (iii) low smoke biomass product;
“bituminous coal” means coal falling within CN Code 2701 12 placed on the market for residential heating;
“certificate of conformity” has the same meaning as in the Fuel Regulations;
“Fuels Register” means the register established and maintained under section 22A of the Act of 1987 (inserted by section 24 of the Act of 2015);
“Fuel Regulations” means Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 ( S.I. No. 326 of 2012 ), as amended;
“Low smoke biomass product” has the same meaning as in the Fuel Regulations;
“Low smoke solid fuel” means a solid fuel which contains coal and which is permissible for sale in a Low Smoke Zone as defined in the Fuel Regulations;
“solid fuel supplier” means any person or body which, within the State:
(a) wholesales or distributes (i) bituminous coal, (ii) low smoke solid fuel, or (iii) low smoke biomass product; or
(b) retails 50% or more of their total annual sales proceeds from the products listed at (a) above.
Part 2
REGISTRATION OF FUEL BAGGING OPERATORS AND SUPPLIERS
Specified Persons
4. The following persons or classes of person are specified for the purposes of Section 53(1)(ca) of the Act of 1987:
(a) Bagging operators supplying bituminous coal, low smoke solid fuel or low smoke biomass product for residential use within the State;
(b) Solid fuel suppliers.
Information to accompany an application
5. (1) An application pursuant to Regulation 4(a) shall be made by 1 September each year or such other date as the Agency may specify and be accompanied by the following information:
(a) Name, address and contact details (including telephone and e-mail details) of the person or persons responsible for the provision of registration information of the organisation;
(b) Fuel brands offered;
(c) Evidence of possession of a current tax clearance certificate issued by the Revenue Commissioners;
(d) such other information as the Agency may reasonably require for the purpose of fulfilling its functions in relation to establishing and maintaining a register of bagging operators;
(e) such fee as may from time to time be set by the Agency.
(2) An application pursuant to Regulation 4(b) shall be made by 1 September each year or such other date as the Agency may specify and accompanied by the following information:
(a) Name and address and contact details (including phone and e-mail details) of the person or persons responsible for the provision of registration information in the organisation;
(b) Trading name;
(c) Companies Registration Office number;
(d) Copy of certificate(s) of conformity for fuels supplied;
(e) Evidence of possession of a current tax clearance certificate issued by the Revenue Commissioners;
(f) such other information as the Agency may reasonably require for the purpose of fulfilling its functions in relation to establishing and maintaining a register of solid fuel suppliers;
(g) such fee as may from time to time be set by the Agency.
(3) A specified person shall notify the Agency of any change to the information provided under paragraphs 5(1) or 5(2) within one month of such change occurring.
Conditions to be satisfied by registered persons
6. A bagging operator shall comply with such directions from the Agency as are necessary to rectify any findings arising from an audit by a certification body under Regulation 9A of the Fuel Regulations.
Period of validity of registration
7. Registrations shall be valid for one year or for such other period as may be specified by the Agency.
Prohibition on fuel activity unless registered
8. A person or class of persons falling within the scope of Regulation 4 shall not carry out a fuel activity unless they are registered on the fuels register.
Part 3
MARKETING, SALE, DISTRIBUTION AND BURNING OF SPECIFIED FUELS
9. The Fuel Regulations are amended as follows:
(1) in Regulation 4 by the substitution of the following definition for the definition of bag:
“‘Bag’ means a receptacle which is sealable containing a quantity of:
(a) bituminous coal;
(b) low smoke solid fuel; or
(c) low smoke biomass product”;
(2) in Regulation 4 by the substitution of the following definition for the definition of solid fuel supplier:
“‘solid fuel supplier’ means any person or body which, within the State:
(a) wholesales or distributes (i) bituminous coal, (ii) low smoke solid fuel, or (iii) low smoke biomass product; or
(b) retails 50% or more of their total annual sales proceeds from the products listed at (a) above”;
(3) in Regulation 4 by the deletion of “‘bagging operator’ means a person or body engaged in the business of bagging or bailing solid fuel;”;
(4) in Regulation 4 by the deletion of ““Bagging Operator” means any person or body who or which carries out the business of bagging coal for residential supply within the State”;
(5) in Regulation 4 by the insertion of the following definition:
“‘Bagging Operator’ means a person or body engaged in the business of bagging or baling:
(i) bituminous coal, (ii) low smoke solid fuel, or (iii) low smoke biomass product;”;
(6) in Regulation 4 by the insertion of the following definition:
“ ‘Licensed Premises’ has the same meaning as it has in the Intoxicating Liquor Act 2008 (No. 17 of 2008)”;
(7) in Regulation 4 by the insertion of the following definition:
“ ‘retailer’ means a person who for the purpose of trade or otherwise in the course of business sells bituminous coal, approved fuel or low smoke biomass product to other persons”;
(8) in Regulations 5, 6, 6A, 6B, 7, 10, Schedule 1, Schedule 2 and Schedule 4, by the substitution of “Low Smoke Zone” for “Specified Area”, and by the substitution of “Low Smoke Zones” for “Specified Areas”, in each place they occur;
(9) in Regulation 5, by the substitution of the following for paragraph (7):
“(7) The records to be kept and maintained by bagging operators relating to Low Smoke Solid Fuel products shall be sufficient to enable the certification body to determine compliance with the requirements of these regulations, including, inter alia, the sulphur content and the smoke emission rate of the solid fuel products, and include at a minimum, those specified in Schedule 7.”;
(10) in Regulation 5(2), by the substitution of the following for subparagraph (b):
“(b) there is printed on such a bag a notice in the form:
(i) set out in Schedule 3 to these regulations in the case of low smoke solid fuel; or
(ii) set out in Schedule 6 to these regulations in the case of low smoke biomass product.”
(11) in Regulation 5(6), by the insertion of the word ‘current’ before ‘certificate of conformity’;
(12) in Regulation 6B, by the substitution of ‘direct space heating’ for ‘space heating’;
(13) by the insertion after 6B of the following:
“Prohibition on the Marketing, Sale, Distribution or Burning of High Sulphur Fuels
6C.With effect from 1 March 2017, a person or body shall not place on the market, sell, distribute or burn for domestic heating purposes any solid fuel having a sulphur content greater than 2% by weight on a dry ash-free basis.”
(14) in Regulation 7, by the substitution of the following for paragraph (3):
“(3) The records to be kept and maintained by bagging operators relating to bituminous coal shall be sufficient to enable the certification body to determine compliance with the requirements of these regulations, including, inter alia, the sulphur content of the bituminous coal, and include at a minimum, those specified in Schedule 7.”
(15) in Regulation 7A, by the substitution of the following for paragraph (3):
“(3) The records to be kept and maintained by bagging operators relating to biomass products shall be sufficient to enable the certification body to determine compliance with the requirements of these regulations, including, inter alia, the biomass content of low smoke biomass product, smoke emission rate, and include at a minimum, those specified in Schedule 7.”
(16) by the substitution of the following for Regulation 9A
“9AFor the purposes of establishing compliance with the standards, specifications and procedures set out in these Regulations a bagging operator shall be audited on an annual basis by a certification body.”
(17) by the insertion after Regulation 10(8) of the following:
“(9) A retailer selling bituminous coal, approved fuel or low smoke biomass product shall display a copy of the current certificate of conformity issued to the bagger of that product pursuant to an audit under Regulation 9A.”
(18) by the insertion after Regulation 11(3) of the following:
“(4) Each local authority shall carry out, or cause to be carried out— (a) such inspections as it deems necessary or as may be required by the Agency for the purposes of verifying compliance with these Regulations; and (b) such sampling and analysis of products as it deems necessary or as may be required by the Agency for the purposes of paragraph (a).”
(19) by the substitution of the following for Schedule 3:
“Schedule 3
Form of notice referred to in regulation 5(2)(b) — Mark or Logo requirements for Approved Fuel
The notice referred to in Regulations 5(2)(b) shall, in the period up to and including 31 August 2017, conform to either the requirements of A or B below, and in the period after 31 August 2017, conform to the requirements of B below:
A. The notice shall bear, in letters at least 2 centimetres high and in a form which is clearly legible—
(i) the name and address of the person who packed the bag, and
(ii) the text “SMOKELESS FUEL — Contents comply with the Air Pollution Act Regulations”
B. The notice shall:
(I) Be:
(i) Printed as part of the packaging;
(ii) Non-detachable;
(iii) Of a minimum height of 80mm;
(iv) Undistorted;
(v) Either colour, or black and white, on a contrasting background;
(vi) Tamperproof; and
(II) Include the following:
(i) Such logo, in such format as may be prescribed pursuant to obtaining a certificate of conformity;
(ii) The name of the bagging operator;
(iii) The current EPA Registration Number of the bagging operator in the form “EPA REG No F00XX-0X” supplied by the Environmental Protection Agency;
(iv) In a form which is clearly legible on the front of the packaging the text “APPROVED FUEL”; and
(III) Be accompanied by, in letters at least 2 centimetres high in a form which is clearly legible, the text “Contents comply with the Air Pollution Act Regulations”.
For the purposes of this Schedule, a reference to the “Air Pollution Act Regulations” shall be construed as a reference to these Regulations.”
(20) By the replacement of Schedule 5 with the following:
“Schedule 5
Form of notice referred to in regulation 7(1)(e) — Mark or Logo requirements for Bituminous Coal
The notice referred to in Regulations 7(1)(e) shall, in the period up to and including 31 August 2017, conform to either the requirements of A or B below, and in the period after 31 August 2017, conform to the requirements of B below:
A. The notice shall bear, in letters at least 2 centimetres high and in a form which is clearly legible—
(i) the name and address of the person who packed the bag, and
(ii) the text “0.7% SULPHUR COAL”
B.The notice shall:
(I) Be:
(i) Printed as part of the packaging;
(ii) Non-detachable;
(iii) Of a minimum height of 80mm;
(iv) Undistorted;
(v) Either colour, or black and white, on a contrasting background;
(vi) Tamperproof; and
(II) Include the following:
(i) Such logo, in such format as may be prescribed pursuant to obtaining a certificate of conformity;
(ii) The name of the bagging operator;
(iii) The current EPA Registration Number of the bagging operator in the form “EPA REG No F00XX-0X” supplied by the Environmental Protection Agency;
(iv) In a form which is clearly legible on the front of the packaging the text “0.7% SULPHUR COAL”; and
(III) Be accompanied by, in letters at least 2 centimetres high, the text “Contents comply with the Air Pollution Act Regulations”
For the purposes of this Schedule, a reference to the “Air Pollution Act Regulations” shall be construed as a reference to these Regulations.”
(21) By the replacement of Schedule 6 with the following:
“Schedule 6
Form of notice referred to in Regulation 7A(2) — Mark or Logo requirements for Low Smoke Biomass Product
The notice referred to in Regulations 7A(2) shall:
(I) Be:
(i) Printed as part of the packaging;
(ii) Non-detachable;
(iii) Of a minimum height of 80mm;
(iv) Undistorted;
(v) Either colour, or black and white, on a contrasting background;
(vi) Tamperproof; and
(II) Include the following:
(i) Such logo, in such format as may be prescribed pursuant to obtaining a certificate of conformity;
(ii) The name of the bagging operator;
(iii) The current EPA Registration Number of the bagging operator in the form “EPA REG No F00XX-0X” supplied by the Environmental Protection Agency;
(iv) In a form which is clearly legible on the front of the packaging the text “50% Biomass” where the biomass content is greater than or equal to 50%, or “30% Biomass” where the biomass content is between 30% and 50%, by weight on a dry matter basis.”
(22) By the replacement of Schedule 7 with the following:
“Schedule 7
Records referred to in Regulations 5(7), 7(3) and 7A(3)
(1) Records for traceability and compliance of fuels, within the scope of Regulations 5(7), 7(3) and 7A(3) shall be:
(i) Kept in appropriate media (e.g. paper and/or electronic form);
(ii) Retained for 6 years: and
(iii) Stored and/or archived to ensure satisfactory accessibility, legibility, and freedom from corruption or intentional alteration.
(2) The types of records kept shall include, as a minimum, the following:
(a) Delivery records for raw materials delivered to the bagger and/or producer, showing:
(i) The as delivered weight;
(ii) The certificate of analysis;
(iii) Traceability to certificate of analysis;
(iv) The delivery vehicle licence plate number or ship reference: and
(v) The date of delivery;
(b) Calibration and maintenance records for the weighbridges;
(c) Calibration and maintenance records for the weighing equipment and check weighing, where used;
(d) Records of investigations and timely corrective action following any weighing equipment malfunction or loss of accuracy;
(e) Production reports showing the number of bags filled including any bags which were discarded and any coal contained in filled bags which was returned to the stockpile(s);
(f) Annual stocktakes of raw materials and bagged coal on year end or nearest working day;
(g) Accreditation certificates to I.S. EN ISO/IEC 17025, or equivalent, as carrying out testing to the applicable standard, for all calibration contractors and analytical laboratories which carry out work relevant to the process;
(h) Coal treatment records (if any);
(i) Sales records for all fuel sold;
(j) Market surveillance feedback records (if any);
(k) Feedback and complaints records (if any); and
(l) in the case of manufactured biomass product:
(i) Production records confirming control parameters (quality); and
(ii) Records of production runs (duration, product, quantity) (manufactured biomass product).”
Part 4
REVOCATIONS
Revocations
10. (1) Regulations 2 and 3 of the Environmental Protection Agency Act (Registration of Coal Bagging Operators and Solid Fuel Suppliers) Regulations 2012 ( S.I. No. 454 of 2012 ) are revoked.
(2) Regulation 8 of the Fuel Regulations is revoked.
/images/ls
GIVEN under my Official Seal,
17 November 2016.
DENIS NAUGHTEN,
Minister for Communications, Climate Action and Environment.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations specify registration and application requirements for the Fuels Register established under Section 22A of the Air Pollution Act, 1987 (inserted by Section 24 of the Environment (Miscellaneous Provisions) Act 2015 ).
The Regulations also, through amendments to the ‘Fuel Regulations’ (S.I. 326 of 2012), refine certain elements of the verification and enforcement mechanisms for domestic solid fuels. These amendments include revised definitions and labelling requirements.
Finally the regulations provide for a national sulphur standard of 2% for all solid fuels intended for domestic heating outside the current ban areas.
S.I. No. 539/2022 –
Environmental Protection Agency Act (Registration of Coal Bagging Operators and Solid Fuel Suppliers) (Revocation) Regulations 2022
I, EAMON RYAN, Minister for the Environment, Climate and Communications, in exercise of the powers conferred on me by sections 6 and 53 of the Environmental Protection Agency Act 1992 (No. 7 of 1992) and the Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 (S. I. No. 393 of 2016) (as adapted by the Communications, Climate Action and Environment) (Alteration of Name of Department and Title of Minister) Order 2020 (S. I. No. 373 of 2020), hereby make the following regulations:
1. (1) These Regulations may be cited as the Environmental Protection Agency Act (Registration of Coal Bagging Operators and Solid Fuel Suppliers) (Revocation) Regulations 2022.
(2) These Regulations come into operation on 31 October 2022.
2. The Environmental Protection Agency Act (Registration of Coal Bagging Operators and Solid Fuel Suppliers) Regulations 2012 (S. I. No. 454 of 2012) are revoked in so far as they are not already revoked by Regulation 10(1) of S. I. No. 571 of 2016.
/images/ls
GIVEN under my Official Seal,
26 October, 2022.
EAMON RYAN,
Minister for the Environment,
Climate and Communications.
EXPLANATORY NOTE
(This note is not part of the instrument and does not purport to be a legal interpretation)
These Regulations revoke the remaining provisions of the Environmental Protection Agency Act (Registration of Coal Bagging Operators and Solid Fuel Suppliers) Regulations 2012. Regulations 2 and 3 were revoked by S. I. No. 571 of 2016.