IRISH ENVIRONMENTAL LEGISLATION

These Regulations provide for amendments to the Sea Pollution (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations, 1994 ( S.I. No. 46 of 1994 ) which give effect to Annex II of the International Convention for the Prevention of Pollution from Ships adopted by the International Maritime Organisation on 2 November, 1973 and as amended by its Protocol adopted on 17 February, 1978, and as further amended by the Marine Environment Protection Committee (MEPC) of the International Maritime Organisation.

These Regulations provide for the amendment of the Dangerous Substances (Retail and Private Petroleum Stores) Regulations, 1979, as previously amended by the Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations, 1988, the Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 1999, and the Dengerous Substances (Retail and Private Petroleum Stores) (Amendment Regulations, 2001. Under the Regulations, as adapted by section 29 of the Safety, Health and Welfare at Work Act, 1989 (No. 7 of 1989), a retail and private petroleum store requires to be licensed by the local or harbour authority or, where the store is owned by such authority, by the National Authority for Occupational Safety and Health.

The Regulations as amended, inter alia, provide for safety requirements in certain circumstances for petrol filling stations, constructed before the 1979 Regulations commenced, to enable them to be licensed to operate until 31 December, 2004. Safety controls on management and operations are maintained.

These Regulations transposc Directive 1999/13/EC on the limitation of emissions of volatile organic compounds (VOCs) due to the use of organic solvents in certain activities and installations.

The Regulations apply to 20 sectoral activities in Schedule 1 where they are operated in installations above the solvent consumption thresholds specified in Schedule 2. The competent bodies for enforcement of the Regulations are the Environmental Protection Agency, where activities are licensable under the Integrated Pollution Control (IPC) system and the local authorities.

For installations licensable under the IPC system, controls are exercised as part of the licensing arrangements for such installations. Those installations within the local authority ambit must register with the relevant local authority. All installations must comply with the provisions of the Regulations either by way of "end of pipe" abatement equipment in the form of emission limit values (ELVs) or by utilising reduction schemes. Certain substances or preparations containing VOCs classified as carcinogenic, mutagenic or toxic (Risk Phrases R45, R46, R49, R60, R61) must be replaced as far as possible by less harmful substances or preparations.

Compliance with the provisions of the Regulations, in the case of installations not subject to IPC licensing, must be demonstrated to local authorities by operators of installations on the basis of reports from accredited inspection contractors. These are to be accredited by the National Accreditation Board. Compliance is certified by the local authority and certification must be obtained annually.

New installations, defined as those installations put into operation on or after 1 July 2003 which are not subject to IPC licensing must be registered with the relevant local authority and have obtained a certificate of compliance before commencing operation. However, the operative compliance dates for new installations using certain reduction scheme options are 31 October 2003 and 31 October 2004 as appropriate.

Existing installations, defined as those installations in operation on or before 30 June 2003 which are not subject to IPC licensing must be registered with the relevant local authority no later than 31 October 2005 where using a reduction scheme, or no later than 31 October 2007 where using ELVs. to comply. Compliance in all cases is required by no later than 31 October 2007 subject to an interim date of 31 October 2005 in the case of certain reduction scheme options.

In addition, abatement equipment operated in existing installations which complies with certain specified ELVs is exempt from more stringent ELV requirements until 1 April 2013.

Local authorities may exempt installations from compliance with certain ELVs. in certain specified circumstances where. inter alia, the operator demonstrates that there is no significant risk to human health or the environment and the best available technique is being used at the installation.

These Regulations transpose Commission Directive 2001/9/EC regarding the use of on-board diagnostic systems to determine certain emissions in the conduct of roadworthiness testing of certain vehicles, increase the fees chargeable by authorised testers for carrying out roadworthiness tests, and transpose Commission Directive 2001/11/EC so that a check on the functioning of the speed limiter is a requirement of the roadworthiness test in heavy goods vehicles exceeding 12,000 kilograms in gross weight and vehicles used for the carriage of more than 8 passengers exceeding 10,000 kilograms in gross weight.

These Regulations amend the Waste Management (Licensing) Regulations, 2000 for the purpose of giving legal effect to certain requirements of Council Directive 1999/31/EC on the landfill of waste (the Landfill Directive)

The 2000 Regulations, as amended, impose a requirement that charges for the disposal of waste in a landfill facility reflect the full costs of the development operation, closure and aftercare of the facility and establish procedures whereby the Environmental Protection Agency shall determine whether existing landfills can be operated in accordance with the requirements of the Landfill Directive, or require to be closed.

These Regulations also provide for the exemption of specified landfill facilities and activities from the Landfill Directive and the 2000 Regulations.

These Regulations amend the Waste Management (Licensing) Regulations 2000 primarily for the purpose of giving legal effect to certain requirements of Council Directive 1999/31/EC on the landfill of waste.

The amendments provide for the classification of landfill facilities by the Environmental Protection Agency (EPA), prohibit the acceptance or disposal in landfill facilities of specified wastes, and provide that only specified wastes may be accepted for disposal in different classes of landfill.

The Regulations also insert certain new definitions into the 2000 Regulations, and replace the Second Schedule of those Regulations (specifying provisions of Community acts which are to be given effect by means of conditions in relevant waste licences granted by the EPA) with a revised Schedule addressing certain requirements of Directive 1999/31/EC.

These Regulations transpose Directive 1999/30/EC relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air, Directive 2000/69/EC relating to limit values for benzene and carbon monoxide in ambient air, and those parts of Directive 96/62/EC on ambient air quality assessment and management not transposed by the Environment Protection Agency Act 1992 (Ambient Air Quality Assessment and Management) Regulations 1999 ( S.I. No. 33 of 1999 ).

The Regulations specify limit values in ambient air for 6 pollutants (SO2, NO2 and NOx, PM10, lead, benzene and CO) to come into effect from 1 January 2005 for all except NO2, NOx, benzene and PM10 (Stage II), for which the effective date is 1 January 2010. Alert thresholds for SO2 and NO2 are specified. The Regulations also specify margins of tolerance for exceedance of the new limit values in the period prior to their entry into force, which have relevance to the air quality assessment responsibilities assigned to the Environment Protection Agency in the Regulations. The Regulations provide for advice by the Agency to local authorities about the need for air quality management plans where the limit values, plus margins of tolerance will be or may be exceeded, and the preparation of such plans by local authorities. Provision is also made for air pollution action plans for short-term risks of exceedances of the limit values and alert thresholds.

The Regulations also provide for public information procedures, including where specified public alert thresholds are exceeded, to deal with incidences where there is a risk to human health from brief exposure of SO2 and NO2.

These Regulations amend the European Communities (Control of Emissions of Gaseous and Particulate Pollutants from Non-Road Mobile Machinery Regulations 1999 ( S.I. No. 396 of 1999 ) providing for the type approval and placing on the market of internal combustion engines to be installed in non-road mobile machinery. The Regulations transpose into national law the amendment of Annexes III and IV of Directive 97/68/EC adapted to technical progress by Commission Directive 2001/63/EC.

The Regulations come into operation on the 30TH day of June 2002.