Air Pollution II
Prior to 1997, air pollution regulation in Northern Ireland was governed by the Alkali Works Regulation Act 1906, as amended. Industries were required to register annually with the Alkali and Radiochemical Inspector within the Department of the Environment service. These industries were obligated to employ the best practicable means for preventing the emission of pollutants into the atmosphere and rendering emissions harmless and inoffensive.
The introduction of European Union (EU) requirements in the field of air pollution necessitated significant amendments and reforms to Northern Ireland’s laws concerning atmospheric and other forms of pollution. One significant feature was the requirement for integrated pollution prevention and control, which involved a unified licensing approach for air, water, and other emissions from certain larger types of industrial plants.
The Industrial Pollution Control, NI Order Act replaced the Alkali and Works Regulations Act and introduced a three-tier system for industrial pollution control in Northern Ireland:
- Integrated central control: This is required for the most pollutant industrial processes.
- Restricted sulphur control: Industries with the potential to cause serious pollution but with lower risk fall under this category.
- Local control: This tier regulates industrial processes with significant but lower risks of air pollution.
For integrated pollution control, the Best Available Techniques Not Entailing Excessive Cost (BATNEEC) approach is required. Operators of processes prescribed by the order must obtain prior licensing to carry out those processes.
There are common regulations, known as the Pollution Prevention and Control Regulations, which apply to the licensing and enforcement systems. Part A and Part B installations are licensed by the Department of the Environment, while Part C installations are licensed by the District Council in the location where the business is situated. The Chief Inspector of the Department of the Environment is the regulator for Class A and Class B applications.
To ensure that the best available techniques are employed to prevent and minimise pollution, the relevant authority must include conditions and authorisations in licenses. Best available techniques refer to those technologies and approaches that are the most effective in achieving a high level of environmental protection, taking into account their cost and advantages.
In the case of Part A installations or mobile plants, the Chief Inspector exercises functions to achieve a high level of environmental protection, particularly in preventing emissions into air, water, and land. For Part B installations and plants, the functions aim to prevent and, if not practicable, reduce emissions into the air.
The functions in relation to Part C applications are to be exercised by District Councils for the purpose of preventing or reducing emissions into the air.
In the case of mobile plants, the application is made to the District Council, even though the business has its place of business there.
The enforcing authorities may impose fees and charges to recover expenditure incurred by them in processing and making variations to applications, as well as for considering the subsistence of the authorisations.
Authorisations may be transferred, and the transfer is governed by conditions. The authorities may vary conditions attached to an authorisation by issuing a variation notice. An authorisation holder may request a change in authorisation as part of a variation.
The authorities may revoke an authorisation if they have reason to believe that the activity has not been carried out for a year.
The authorities may issue enforcement notices and prohibition notices. An enforcement notice sets out that there is a breach of the authorisation or an impending breach, while a prohibition notice may be issued in the case of imminent risk.
An appeal may be brought against refusals of authorisations, conditions, enforcement notices, prohibition notices, and variation notices. The appeal process is specified by the Department of Environment.
Enforcing authorities have powers of entry onto land to carry out investigations, sampling, and testing. They may also take immediate action in cases of imminent danger of serious pollution or harm to human health.
Authorities are required to maintain registers containing details of authorisations, including applications, authorisation variations, prohibition notices, revocations, and convictions.
The regulations contain a range of offences, and such proceedings may be taken to the magistrates’ court.
There are a number of offences, including:
- Carrying out a process without authorisation (subject to conviction summarily or indictment).
- Contravening a prohibition or enforcement notice.
- Failing to comply with requirements.
- Obstruction and failing to comply with lawful requirements.
- Giving false and misleading information.
- Failing to comply with a court order.
A separate procedure exists whereby an application can be made to the High Court when the normal enforcement procedure would not be effective.
In addition to companies being guilty of offences, directors, officers, secretaries, managers, and others may also be prosecuted for offences committed with their consent or connivance, or if they failed to exercise reasonable diligence to prevent the commission of the offence.
In addition to the general regulations, various specific EU regulations on matters affecting air pollution have been implemented through standalone regulations.
The EU Directive on Large Combustion Plants aims to reduce annual emissions of sulphur dioxide and nitrogen oxides. States must monitor emissions.
The Large Combustion Plants Regulations NI 2003 provide for a register of emission levels, with information required to be provided to the Chief Inspector. Notices may be given requiring measures to be taken to achieve compliance with a permitted level. Exceeding the requisite permitted level is subject to conviction summarily or by indictment.
The Municipal Waste Incinerators Directive mandates the reduction of emissions of certain pollutants from incineration plants. These plants must comply with emission values for pollutants set out. The regulation is implemented through the Industrial Pollution Control NI Order.
The Air Quality Framework Directive provides a general framework for directives aimed at air pollution. The directives made under the auspices of the framework directive deal with various types of pollutants. These set down limits for various atmospheric pollutants. The directives set objectives designed to prevent harmful effects on human health and the environment. Air quality must be assessed on a common basis, and certain information must be obtained and made public.
The protected directives set limit values that must be achieved. Where these limits are not achieved, the state must take steps to ensure that they are met within a set period. The public must be notified if thresholds are exceeded.
The Air Quality Standards Regulations designate the Department of the Environment as the authority for the assessment of air measurement and analysis of air quality.
Northern Ireland departments must ensure that all measures taken consider an integrated approach to the protection of air, water, and soil and have no significant negative effects on other states.
The department may establish different zones within Northern Ireland for different pollutants as appropriate.
There are limit values for pollutants set out in regulations. These include limit values for Group A pollutants and target values for Group B pollutants, as well as target values and long-term objectives for ozone.
Limit values must be achieved by the specified attainment date for the concerned limit value. Target values are to be attained from the attainment date as far as possible.
Departments must take steps to ensure that air quality objectives are met, with more rigorous standards applicable to Group A pollutants compared to Group B pollutants.
In cases where concentrations of certain pollutants exceed established tolerances, an improvement plan must be put into effect. For Group B pollutants, less rigorous measures are required.
The Department of Environment shall make action plans indicating measures to be taken within zones in the short term to achieve the objectives where there is a risk that a limit value or alert threshold and particular pollutants applies.
The purpose of the action plan is to reduce the risk that the limit value or threshold will be exceeded.
The Department of Environment has duties to assess the concentration of each pollutant in accordance with prescribed methods and sampling procedures, using monitoring equipment as required.