Air

This page provides links to the full text of key pieces of air environmental legislation that may affect your business in Northern Ireland. The websites hosting the legislation may list amendments separately.

If you are setting up an environmental management system (EMS) for your business, you can use this list to start compiling your legal register. Your legal adviser or environmental consultant will be able to tell you if other environmental legislation applies to your specific business.

Environmental management systems and environmental reports

 

Air Quality Regulations (Northern Ireland) 2003 SR342

Set out objectives to reach a certain level of air quality within a given time period. Requires Councils to review the quality of air within their area.

Air Quality (Amendment) Regulations (Northern Ireland) 2003 SR543

Amend the Air Quality Regulations (NI) 2003/342 in order to correct a drafting error. The air quality objective for sulphur dioxide is increased from 35μg/m³ to 350μg/m³.

Air Quality Standards Regulations (Northern Ireland) 2010 SR/188

Designate zones in which ambient air will be protected by limiting the concentration of pollutants within them.

Air Quality Standards (Amendment) Regulations (Northern Ireland) 2017/2

Amend the Air Quality Standards Regulations (NI) 2010 in order to amend some of the definitions, correct drafting errors and insert new text regarding the documentation and review of site selection

Aerosol Dispensers Regulations 2009 SI 2824

Aims to protect public health by prohibiting the supply or possession of aerosols not marked as conforming to safety standards.

The Carbon Capture Revenue Support (Directions, Eligibility and Counterparty) Regulations 2024 (SI 2024/688). These regulations concern the implementation of Industrial Carbon Capture Business Models. They define “eligible carbon capture entity”. They also establish the process by which the Secretary of State can direct a carbon capture counterparty to offer to contract with an eligible carbon capture entity, and set out requirements on the counterparty.

The Carbon Dioxide Transport and Storage Revenue Support (Directions and Counterparty) Regulations 2024 (SI 2024/687). Carbon dioxide transport and storage networks will act as the enabling infrastructure for carbon capture and storage from a range of sources. These Regulations set out how the Secretary of State may direct a carbon dioxide transport and storage counterparty to offer to contract with an eligible transport and storage company. They also establish requirements for the counterparty.

Clean Air (Northern Ireland) Order 1981 SI 158 (NI 4) (including amendments up to 2004). Sets out controls on smoke, dust and fumes, including rules on chimneys, and introduces smoke control areas.

Clean Neighbourhoods and Environment Act (Northern Ireland) 2011. Sets out rules on statutory nuisance and the enforcement powers available to district councils.

Clean Air (Emission of Dark Smoke) Regulations 1981 340 (not available online). Makes it an offence to emit dark smoke from industrial or trade premises, with detailed exemptions. Sets conditions for some burning. (Waste management licensing legislation may apply to these activities too.)

Climate Change Act 2008. Sets 2050 as the target for reducing greenhouse gas emissions; outlines a carbon budgeting system, greenhouse gas emissions trading schemes, financial incentives for businesses to reduce waste and recycle more and powers to charge for single use bags.

Climate Change Agreements (Eligible Facilities) Regulations 2001 SI 662. Specifies that for an installation or site to be eligible for inclusion in a climate change agreement, it must be likely that at least 90% of the energy supplied to it will be used within the site.

Climate Change Agreements (Eligible Facilities) Regulations 2006 SI 60. Expands the types of energy-intensive business activities and sites that can claim the reduced rate of climate change levy.

Climate Change Agreements (Eligible Facilities) (Amendment) Regulations 2006 SI 1931. Amends 2006/60 with details of which energy-intensive businesses can claim the reduced rate of climate change levy.

Climate Change Agreements (Eligible Facilities) (Amendment) Regulations 2009 SI 2458. Amends 2007/2037, making technical changes and adding new product groups. Transfers market surveillance powers to Secretary of State from Trading Standards Officers.

Climate Change Agreements (Energy-intensive Installations) Regulations 2001 SI 1139. Changes the definition of 'Energy-Intensive installations', with exceptions, to include all operations and activities on the same site.

Climate Change Agreements (Energy-intensive Installations) Regulations 2006 SI 59. Defines which energy-intensive installations are entitled to claim the reduced rate of climate change levy.

Climate Change Levy (General) Regulations 2001 SI 838. Set outs who the climate change levy, which is charged on supplies of electricity, gas and solid fuel, applies to, what is taxable, who is exempt and procedures for registering, returns and tax credits.

The Climate Change Levy (General) (Amendment) (No. 2) Regulations 2012 No 3049. Removes the exemption for electricity produced in a combined heat and power station.

The Climate Change (Reporting Bodies) Regulations (Northern Ireland) 2024 (NISR 2024/93). These regulations introduce climate change reporting duties on specified public bodies. A total of approximately 40 bodies, including councils, health trusts, the police and the fire service, are required to report on their carbon emissions, and on their plans and progress in climate change adaptation and mitigation.

Controls on Ozone-Depleting Substances Regulations (Northern Ireland) 2011 SR 239

Implements EC Regulation 1005/2009 on substances that deplete the ozone layer and provides that any breach of the EU Regulation is a punishable offence.

The Dark Smoke (Permitted Periods) Regulations (Northern Ireland) 1965

Allows dark smoke to be emitted for a specified total duration within an eight-hour period, or longer if it involves soot blowing. Not available online.

Environmental Better Regulation Act (Northern Ireland) 2016

The Act is a key element of the Department’s Regulatory Transformation Programme, the aim of which is to provide a more streamlined and effective regulatory system for businesses and regulators. Key provisions include:- The creation of an integrated environmental permitting regime. Rationalising powers of entry and associated powers (inspection and investigation). Amendments to the Clean Air (NI) Order 1981. Amendments to the Environment (NI) Order 2002. Amendments to the Water and Sewage Services (NI) Order 2006.

Environment (Northern Ireland) Order 2002 SI 3153 (NI 7) (including amendments up to 2004)

Covers several environmental issues, including pollution prevention control, assessment and management of air quality, and designation of areas of special scientific interest (ASSIs).

Environmental Protection (Control on Ozone - Depleting Substances) Regs 2011 SI 1543

These Regulations only extend to Northern Ireland in so far as they relate to import and export under the EU Regulation

EU Directive relating to aerosol dispensers 324/1975

Requires aerosol dispensers to be marked to confirm they satisfy the safety measures laid down in the Annex to the Directive.

EU Regulation 517/2014 on fluorinated greenhouse gases and repealing Regulation (EC) 842/2006

Repeals the previous Regulation (EC) 842/2006 and shall apply from the 1st January 2015. Aims to cut the EU’s F-gas emissions by two-thirds by 2030 compared with 2014 levels and to encourage the use of viable and more climate friendly alternatives.. It aims to achieve these objectives by further reducing emissions through extended containment provisions and encouraging the use of low global warming potential (GWP) alternatives through placing on the market bans and the phase down of HFCs.

EU Regulation on Persistent Organic Pollutants 850/2004

Sets out controls on producing and using dangerous pesticides, industrial chemicals and chemical by-products.

EU Regulation on ozone depleting substances 1005/2009

Allows governments to impose new requirements on handling, use, import, export, recovery, recycling, reclaming, destruction and trading of listed substances. Sets out plan to phase out production, trade and use of HCFCs.

EU Regulation 744/2010 amending EU Regulation 1005/2009 on ozone depleting substances

Amends 1005/2009 by banning the use of halons in firefighting equipment except for military and aviation uses.

Fluorinated Greenhouse Gases (Amendment) Regulations (Northern Ireland) 2018 SR 206

Amends the Fluorinated Greenhouse Gases Regulations (NI) 2015 so as to take account of a number of EU Regulations, which set new requirements for some sectors of industry within NI which uses fluorinated greenhouse gases, including a number of new offences.

 

Fluorinated Greenhouse Gases (Amendment) Regulations 2018 SI 98

Amends the Fluorinated Greenhouse Gases Regulations 2015/301, which will continue to enforce the EU FGG Regulations 517/2014 but will also now enable enforcement of five new EU Commission Implementing Regulations. Applies to England, Wales and Scotland. It also extends to Northern Ireland but only insofar as it deals with import and export controls and trade with any place outside the United Kingdom, which are reserved matters.

Fluorinated Greenhouse Gases Regulations 2015/310

Apply to England, Scotland and Wales. They apply to Northern Ireland only when dealing with import and export controls and trade with any place outside the UK. They apply to offshore installations, Scottish offshore installations and Northern Ireland offshore installations.

Fluorinated Greenhouse Gases Regulations (Northern Ireland) 2015 SR 425

Give effect to Regulation (EU) 517/2014. They attempt to limit emissions of fluorinated greenhouse gases into the atmosphere by ensuring that employees and companies in a number of sectors of business are certified to handle equipment during the course of their business without emitting large quantities of F-gases.

Greenhouse Gas Emissions Trading Scheme Regulations 2012 SI 3038

Provides a framework to allow greenhouse gas emissions permits to be bought and sold between businesses.

The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013

Makes several amendments to the Greenhouse Gas Emissions Trading Scheme Regulations 2012, including where an installation is operated without a permit it allows the regulator to impose a penalty that is greater than the economic benefit of non-compliance.

Greenhouse Gas Emissions Trading Scheme Charging Scheme Regulations (Northern Ireland) 2010 SR 151

Allows NIEA to make a Northern Ireland charging scheme for the cost of regulating the EU Emissions trading scheme.

Motor Vehicles (Refilling of Air Conditioning Systems by Service Providers) Regulations 2009

Makes it an offence (for which you can be fined) for anyone servicing a vehicle air-conditioning system to refill it with fluorinated gases if there has been an abnormal leak of refrigerant and before repairs have been completed.

The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2020 (SI 2020/18)

These Regulations correct errors in the Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (SI 2019/1440), as well as making additional consequential amendments to the Greenhouse Gas Emissions Trading Scheme Regulations (SI 2012/3038) to the extent that previous amendments are already in force. They enter into force on 31 January 2020.

The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020

Part 2 provides for the continued membership of the EU emissions trading system for generators of electricity for the wholesale market in Ireland/Northern Ireland, by limiting the ongoing application of the 2012 Regulations to that electricity generation.

Part 3 provides for the ongoing application, with modifications, of the 2012 Regulations in relation to the emissions of greenhouse gases on or before 31st December 2020.

Greenhouse Gas Emissions Trading Scheme (Amendment) Order SI 2022/454

Came into effect on 14 April 2022. This legislation amends the Greenhouse gas Emissions Scheme Order SI 2020/1265.

It provides the power to inspect premises to ensure compliance may be exercised by an “authorised person” as well as the regulator. It also makes it an offence to intentionally obstruct persons in the exercise of the enforcement powers.

Notification of Cooling Towers and Evaporative Condensers Regulations Northern Ireland) 1994 SR 38 (not available online)

Requires businesses to provide their local council with specific details before installing, changing or shutting down a cooling tower.

Ozone-Depleting Substances (Qualifications) Regulations (Northern Ireland) 2011 SR 240

Implements provisions in EC Regulation 1005/2009 by specifying the minimum training and qualifications required by anyone working with ozone-depleting substances, such as refrigeration, air conditioning and heat pump equipment and fire protection systems.

Pollution Control and Local Government (Northern Ireland) Order 1978 SR 1049 (NI 19)

Regulates waste on land, abandoned vehicles, noise nuisance, noise abatement zones, sulphur content of fuel oil used in furnaces and engines, cable burning, and pollution of the atmosphere and water. Other aspects have been revoked.

Pollution Prevention Control (Industrial Emissions) Regulations (Northern Ireland) 2013 SR 160

Transpose Directive 2010/75/EU on industrial emissions (integrated pollution prevention and control (Recast)).The Regulations revoke 18 sets of existing regulations relating to industrial emissions and consolidate all the provisions of the Industrial Emissions Directive in to a single set of regulations. They control the operation of any installation or mobile plant carry out any of the activities listed in Part 1 of Schedule 1 to the Regulations.

Renewable Heat Incentive Scheme Regulations (Northern Ireland) 2012 SR396

Establish a renewable heat incentive scheme under which owners of plants which generate heat from specified renewable sources and meet specified criteria may receive payments at prescribed tariffs for the heat used for eligible purposes. Payments may also be made to biomethane producers who produce biomethane for injection.

Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 SI 374

Amend the Renewable Transport Fuel Obligations Order 2007, the Energy Act 2004 and the Motor Fuel (Road Vehicle and Mobile Machinery) Greenhouse Gas Emissions Reporting Regulations 2012. They aim to reduce greenhouse gas emissions from fuels supplied in transport, thereby supporting the delivery of savings to meet UK carbon budgets. They also align UK schemes with requirements in EU legislation.

Renewable Transport Fuel Obligations Order 2007 SI 3072

Requires road vehicle fuel suppliers to prove that a certain amount of renewable transport fuel (e.g. biodiesel, bioethanol, etc) has been supplied in the UK.

Renewable Transport Fuel Obligations (Amendment) Order 2009 SI 843

Amends 2007/3072, which requires road transport fuel suppliers to produce certificates to show that a proportion of their fuel is renewable, by reducing the amount that this proportion increases every year until 2013.

Road Vehicles (Construction and Use) Regulations 1986 SI 1078

Lays down requirements to reduce the environmental impact of constructing, maintaining and using road vehicles, particularly smoke, vapour and gas emissions.

Road Vehicles (Construction and Use) (Amendment) (No.3) Regulations 2009 SI 2196

Amends 1986/1078 by inserting a new regulation which restricts the retrofitting and refilling of vehicle air conditioning systems containing fluorinated greenhouse gases.

Smoke Control Areas (Authorised Fuels) Regulations (Northern Ireland) SR 2013/205

Contain the current list of fuels authorised for use in smoke control areas, for the purposes of the Clean Air (NI) Order 1981

Smoke Control Areas (Authorised Fuels) (Amendment) Regulations (Northern Ireland) 2015 SR367

Amend the Smoke Control Areas (Authorised Fuels) Regulations (Northern Ireland) 2013, to add two new fuels to the list of fuels declared to be authorised fuels. A further entry has been included as a substitute for Ecoal briquettes (in paragraph 21 of the Schedule), due to a number of changes to the product.

The Smoke, Heat and Carbon Monoxide Alarms for Private Tenancies Regulations (Northern Ireland) 2024 (NISR 2024/123). These regulations set minimum standards for determining whether a landlord of a private tenancy has complied with the duty, contained in Article 11B(1) of the Private Tenancies (Northern Ireland) Order 2006, to keep in repair and working order sufficient appliances for detecting fire, smoke or carbon monoxide. 

The Sulphur Content of Solid Fuel Regulations (Northern Ireland) 1998 (legislation.gov.uk)

Deal with restrictions on the retail sale or delivery of solid fuel with a sulphur content of more than 2% and implement EU 80/779/EEC, on air quality limit values and guide values for sulphur dioxide and suspended particles.

Sulphur Content of Liquid Fuels Regulations (Northern Ireland) 2007 SR 272
Implements measures for reducing the sulphur content of heavy fuel oils (excluding marine fuels).

Sulphur Content of Liquid Fuels (Amendment) Regulations (Northern Ireland) 2014 SR 147

Amends the Sulphur Content of Liquid Fuels Regulations (Northern Ireland) 2007 in order to implement amendments to Directive 1999/32/EC, relating to a reduction in the sulphur content of certain liquid fuels, with regard to marine fuels.

The Sulphur Content of Solid Fuel (Amendment) Regulations (Northern Ireland) 2022 (legislation.gov.uk)

Amend the Sulphur Content of Solid Fuel Regulations (NI) 1998 in the field of air quality to remedy any failure of retained EU law to operate effectively. Regulation 2 makes technical amendments to the 1998 Regulations by substituting a new British Standard for the determination of the total sulphur content.

Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2005 SI 2773

Sets maximum levels of organic solvents that can be contained in paints, varnishes and vehicle refinishing products (such as cleaners, primers and fillers).

Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products (Amendment) Regulations 2010 SI 783

Amends 2005/2773 by amending the definition of 'coating ' (in the context of vehicle refinishing products) by substituting 'mixture' for 'preparation'.

The Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012 SI 1715

Replaces the 2005 Regulations and sets maximum levels of organic solvents that can be contained in paints, varnishes and vehicle refinishing products (such as cleaners, primers and fillers).