S.I. No. 446/2024 - European Union (Industrial Emissions) (Amendment) Regulations 2024
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 13th September, 2024. | ||
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 further effect to Directive 2010/75/EU of the European Parliament and of the Council of 24 November 20101 , hereby make the following regulations: | ||
Commencement and citation | ||
1. These Regulations may be cited as the European Union (Industrial Emissions) (Amendment) Regulations 2024. | ||
Amendment of Environmental Protection Agency Act 1992 | ||
2. The Environmental Protection Agency Act 1992 (No. 7 of 1992) is amended – | ||
(a) in Part IV, by the insertion of the following section after section 81A: | ||
“Definitions (Part IV) | ||
81B. In this Part, ‘substance’ means any chemical element and its compounds, with the exception of the following substances: | ||
(a) radioactive substances as defined in Article 4 of Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation2 ; | ||
(b) genetically modified micro-organisms as defined in Article 2(b) of Directive 2009/41/EC of the European Parliament and the Council of 6 May 2009 on the contained use of genetically modified micro-organisms3 ; | ||
(c) genetically modified organisms as defined in point 2 of Article 2 of Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms4 ;”, | ||
(b) in paragraph (c)(i) of section 86A(3), by the substitution of “sections 5(3)(b), 83(5)(a)(v) and 86(3) and subsections (4) and (6)” for “section 5(3)(b), 83(5)(a)(v) and 86(3) and subsection (4)”, | ||
(c) in section 99J(4) – | ||
(i) in paragraph (e), by the substitution of “subsection (7);” for “subsection (7).”, and | ||
(ii) by the insertion of the following paragraph after paragraph (e): | ||
“(f) where necessary, provisions on the cooperation between different inspection authorities.”, | ||
(d) in section 99K, by the insertion of the following subsection after subsection (3): | ||
“(4) (a) Emissions from an installation to which this Part applies into water shall not exceed the emission limit values set out in Part 1 of Annex VIII to the Industrial Emissions Directive. | ||
(b) Emissions from an installation to which this Part applies into air shall not exceed the emission limit values set out in Part 2 of Annex VIII to the Industrial Emissions Directive. | ||
(c) Emissions referred to in paragraph (b) shall be monitored in accordance with Part 3 of Annex VIII to the Industrial Emissions Directive.”, | ||
and | ||
(e) in the First Schedule to the Act, in subparagraph (5) of the paragraph headed “Interpretation”, by the insertion of the following definition: | ||
“ ‘substance’ means any chemical element and its compounds, with the exception of the following substances: | ||
(a) radioactive substances as defined in Article 4 of Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation5 ; | ||
(b) genetically modified micro-organisms as defined in Article 2(b) of Directive 2009/41/EC of the European Parliament and the Council of 6 May 2009 on the contained use of genetically modified micro-organisms6 ; | ||
(c) genetically modified organisms as defined in point 2 of Article 2 of Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms7 ;”. | ||
Amendment of European Union (Waste Incineration Plants and Waste Co-Incineration Plants) Regulations 2013 | ||
3. The European Union (Waste Incineration Plants and Waste Co-Incineration Plants) Regulations 2013 ( S.I. No. 148 of 2013 ) are amended – | ||
(a) in Regulation 2(2) – | ||
(i) by the insertion of the following definition: | ||
“ ‘dioxins and furans’ means all polychlorinated dibenzo-p-dioxins and dibenzofurans listed in Part 2 of Annex VI to the Directive;”, | ||
(ii) by the substitution of the following definition for the definition of “existing waste incineration plants and waste co-incineration plants”: | ||
“ ‘existing waste incineration plant and waste co-incineration plant’ means a plant – | ||
(a) which was in operation and had a permit in accordance with applicable Union law before 28 December 2002, | ||
(b) which was authorised or registered for waste incineration and had a permit granted before 28 December 2002 in accordance with applicable Union law, provided that the plant was put into operation no later than 28 December 2003, or | ||
(c) which, in the view of the competent authority, was the subject of a full request for authorisation before 28 December 2002, provided that the plant was put into operation not later than 28 December 2004;”, and | ||
(iii) by the substitution of the following definition for the definition of “new waste incineration plants and waste co-incineration plants”: | ||
“ ‘new waste incineration plant and waste co-incineration plant’ means a waste incineration plant and waste co-incineration plant that is not an ‘existing waste incineration plant and waste co-incineration plant’;”, | ||
and | ||
(b) in Regulation 13 – | ||
(i) by the substitution of the following for Regulation (2)(a): | ||
“(2) (a) Emissions into air from waste incineration plants and waste co-incineration plants (standardised as set out in Parts 3 and 4 of Annex VI to the Directive) shall not exceed the emission limit values set out in Parts 3 and 4 of Annex VI to the Directive or determined in accordance with Part 4 of that Annex to the Directive.” and | ||
(ii) by the insertion of the following subparagraph after paragraph (2)(b): | ||
“(c) The total concentration of dioxins and furans shall be calculated in accordance with Part 2 to Annex VI of the Directive.”. | ||
Amendment of European Union (Large Combustion Plants) Regulations 2012 | ||
4. Regulation 10(10) of the European Union (Large Combustion Plants) Regulations 2012 ( S.I. No. 566 of 2012 ) is amended by the substitution of “these Regulations” for “this Directive”. | ||
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GIVEN under my Official Seal, | ||
9 September, 2024. | ||
EAMON RYAN, | ||
Minister for the Environment, | ||
Climate and Communications. | ||
1 OJ No. L 334, 17.12.2010, p17 3 OJ No. L 125, 21.05.2009, p75 4 OJ No. L 106, 17.04.2001, p1 |
