Protection of the Environment Operations (Clean Air) Regulation 2022
48Application for variation to include legacy and other conditions
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48 Application for variation to include legacy and other conditions
48 Application for variation to include legacy and other conditions
(1) The EPA may, on application by the holder of the licence, vary a licence to include a legacy condition.
(2) An application to vary a licence to include a legacy condition must be made at least 12 months before the day on which the condition is required to be in force.
(3) The application must be accompanied by a report containing the following—
(a) particulars of the concentration or rates at which air impurities are emitted by carrying out the activity or operating the plant obtained from sampling, analysis and monitoring conducted in accordance with the Approved Methods (Sampling and Analysis) Publication,
(b) the results of an air pollutant impact assessment, conducted in accordance with the Approved Methods (Modelling and Assessment) Publication, for—
(i) the activity, plant or emission unit concerned, and
(ii) other activities carried on, or plant or emission unit operated, at the scheduled premises,
(c) details of pollution reduction programs that have been established for the activity, plant or emission unit,
(d) details of control equipment that has been installed for the activity, plant or emission unit,
(e) other information that may be relevant to demonstrate the acceptability of impacts associated with the alternative standards arising from the proposed variation of conditions.
(4) The EPA may when varying a licence to include a legacy condition also include other conditions, including conditions imposing more stringent standards of concentration than those applicable to the Group to which the activity or plant will belong because of the legacy condition.
(5) The legacy condition expires 5 years after the date on which notice of the variation is given to the holder of the licence under the Act.
(6) In this section—
include a legacy condition includes renew a legacy condition.