S.L. 549.77 Art. 15Reconsideration and updating of permit conditions by the competent authority.

(1) Permits shall be valid for such a time as the competent authority may specify, provided that where the operator has submitted all the information necessary for the purpose of reconsidering permit conditions within the timeframe specified by the competent authority pursuant to sub-regulation (3), the validity of the permit shall be extended until such a time as the competent authority decides on the reconsideration of the permit conditions.

(2) The competent authority shall periodically reconsider, in accordance with sub-regulations (3) to (6), all permit conditions and, where necessary to ensure compliance with these regulations, update those conditions.

(3) Prior to the expiry of the permit or at the request of the competent authority, the operator shall submit all the information necessary for the purpose of reconsidering the permit conditions, including, in particular, results of emission monitoring and other data, that enables a comparison of the operation of the installation with the best available techniques described in the applicable BAT conclusions and with the emission levels associated with the best available techniques, and any other additional information requested by the competent authority. The operator shall submit this information according to the timeframe specified by the competent authority. When reconsidering permit conditions, the competent authority shall use any information resulting from monitoring or inspections.

(4) Within four years of publication of decisions on BAT conclusions in accordance with Article 13(5) of Directive 2010/75/ EU of the European Parliament and of the Council on industrial emissions relating to the main activity of an installation, the competent authority shall ensure that:

(a) all the permit conditions for the installation concerned are reconsidered and, if necessary, updated to ensure compliance with these regulations, in particular, with regulation 8(3) and (4), where applicable;

(b) the installation complies with those permit conditions.

The reconsideration shall take into account all the new or updated BAT conclusions applicable to the installation and adopted in accordance with Article 13(5) of Directive 2010/75/EU since the permit was granted or last reconsidered.

(5) Where an installation is not covered by any of the BAT conclusions, the permit conditions shall be reconsidered and, if necessary, updated where developments in the best available techniques allow for the significant reduction of emissions.

(6) The permit conditions shall be reconsidered and, where necessary, updated at least in the following cases:

(a) where the pollution caused by the installation is of such significance that the existing emission limit values of the permit need to be revised or new such values need to be included in the permit;

(b) where the operational safety requires other techniques to be used;

(c) where it is necessary to comply with a new or revised environmental quality standard in accordance with regulation 11;

(d) where the validity of a permit has elapsed.