S.I. No. 565 of 2012 - European Union (Installations and Activities using Organic Solvents) Regulations 2012 are the Regulations governing solvent emissions. These oversee the emission of solvent vapours from 20 specified activities and bring the activities of much smaller businesses under the control of the local authorities. Implementation and guidance has been developed as part of the National Waste Prevention Programme.
Who is affected?
Businesses now affected include:
- Vehicle refinishing companies which carry out original coating of road vehicles or trailers.
- Dry cleaners
Activities using more than 10 tonnes per annum of solvents require an Integrated Pollution Prevention & Control (IPPC) licence from the EPA.
Panel of Approved Assessors.
The Regulations for solvents activities (including dry cleaning) required the EPA to set up a panel of approved assessors to replace the existing AIC inspection body system. The details of the panel of Approved Assessors are as follows:
What you need to do.
Regulated operators should use the assessor for the purposes of getting their premises inspected, and as with the previous AIC system the operator should engage the services of an assessor and pay them directly. In order to obtain your certificate of compliance from your local authority you must then send a compliant Approved Assessor report along with the application fee to the Environment Department of Roscommon County Council.
In accordance with provisions under the Regulations please note some of the new aspects of the regulations:
Local Authorities can now issue certificates of compliance for up to 3 years rather than the previous 1 year period. However, certificates of a shorter duration may be issued if a Local Authority has concerns about a specific installation (including failure to renew certificates in time).
Regardless of the duration of certificates, all operators are required to submit an annual self-assessment compliance report to their local authority, commencing with a report for the year 2014 (to be submitted in 2015). Templates for these reports will be issued to you in advance of the reporting period. If you fail to submit a self-assessment annual report you may not be allowed to renew your certificate until such time as any outstanding reports are submitted.
The application fee payable by operators to their Local Authority has increased from €50 to €70 for new applications (but remains €50 for renewals). If an operator does not renew their certificate of compliance prior to its expiry date, they must then apply for a new certificate.
The fine for uncertified operators has increased from €3,000 to €5,000 or imprisonment for up to six months, or both.
A copy of your certificate of compliance must be displayed in a prominent position at your premises.
It is illegal for any uncertified operator to carry out an activity for which a certificate of compliance is required under these Regulations. Any such operators should arrange for an inspection immediately.
The Local Authority will be carrying out enforcement activities in relation to these regulations. It is also expected that new legislation will be introduced shortly which will allow for fixed payment notices (i.e. ‘on-the-spot fines’) to be issued for any offences specified in the regulations.
Further news, updates and information can be obtained at the following website www.solvents.ie
Vehicle Refinishing.
S.I. No. 564 of 2012 - European Union (Paints, Varnishes, Vehicle Refinishing Products and Activities) Regulations 2012, have replaced S.I. No. 199 of 2007 - Limitations of Volatile Organic Compounds due to the use of organic solvents in certain paints, varnishes and vehicle refinishing products Regulations, 2007.
Please note that the original coating of road vehicles and trailers continues to be governed by the Solvent, not the Deco-paints Regulations.
Please refer section on Decorative Paints section for further details.