Regulations relating to pollution control (Pollution Regulations). This is an unofficial translation of the Norwegian regulation.

Laid down in accordance with sections 9, 11, 12 and 85 of Act no. 6 of 13 March 1981 concerning protection against pollution and concerning waste (the Pollution Control Act). Cf. EEA agreement Annex XX no. 2g (Directive 96/61/EC).

I. Introductory provisions

§ 36-1. Scope
The chapter applies to the processing of cases covered by sections 11, 18 and 29 of the Pollution Control Act.

The provisions in sections 36-8 and 36-9 only apply for the types of activity listed in Appendix I to this chapter.

II. The application

§ 36-2. Content of an application for a permit

An application for a permit in accordance with sections 11 and 29 of the Pollution Control Act shall include:

1. the name and address of the applicant,   
2. a clear description of the property or properties where the activity takes place,   
3. a description of the status of the property in relation to any site plans or zoning plans,   
4. a description of the installation, the nature and scope of activities, and the technology chosen,   
5. a list of raw and auxiliary materials,   
6. a description of the power sources for, power consumption of and power generated by the activity,   
7. a description of all emissions to air, water and land that may be caused by the activity and of the effects these emissions may have,   
8. an environmental impact assessment of the site where the activity is located,   
9. a list of interests that can be presumed to be affected by the activity, including a list of parties to be notified in accordance with sections 36-4 and 36-5,   
10. a description of measures to limit waste generation, including opportunities for recovery and other handling of waste,   
11. a description of techniques for preventing or limiting pollution and the harmful effects of pollution   
12. a description of other measures implemented to comply with the principles laid out in section 36-8,   
13. measures planned to monitor emissions into the environment,   
14. reference to administrative decisions or statements by public bodies that have reviewed the case,   
15. a summary of the impact assessment, where conducted, including a list of the key options that have been assessed by the applicant.

The applicant shall describe each point to the extent relevant to each activity. When applying for an amendment to a permit, it is sufficient for the application to contain information on the points that have been amended in relation to the actual conditions that applied when the existing permit was issued.

The application shall include a summary of the details referred to above.

The competent authority may issue supplementary provisions regarding the form and content of the application and, if necessary for the processing of the case, demand supplementary information in addition to that listed in points 1 to 15 above.

III. Advance notification

§ 36-3. The duty to notify and the right to express an opinion before decisions are made

The competent authority shall ensure that an opportunity is provided for opinions to be expressed in accordance with sections 36-4 to 36-7. These provisions do not limit the rights and obligations stipulated in the Public Administration Act and the Freedom of Information Act.

The notification shall indicate the subject matter of the case and otherwise contain the information that is considered necessary for the party notified to be able to express an opinion on the case.

§ 36-4. Advance notification to the parties in the case
A party who has not already expressed his opinion on the case through an application or by other means, shall be notified before an administrative decision is made and be given an opportunity to express his opinion within a stipulated time limit, in accordance with sections 16 and 17 of the Public Administration Act.

Opinions that have been received from other parties in accordance with sections 36-5 and 36-6 shall be submitted to the applicant, who shall be given the opportunity to comment on them within a short deadline.

§ 36-5. Advance notification to other parties
Affected public institutions and authorities, organizations that protect public interests which the administrative decision will concern, or others who may be particularly affected shall receive advance notification of the administrative decision before it is made and given an opportunity to submit an opinion within a given time limit.

If a large group of people is entitled to direct notification, or it proves especially burdensome to identify every party entitled to notification in accordance with subsection 1, the competent authority may in each instance hear the case in accordance with section 36-6. In such cases, direct notification shall still be given to the representatives of affected interests in accordance with subsection 1 to the extent that these parties are known to the competent authority.

§ 36-6. Advance notification to the general public ('hearing')
In cases that involve activities covered by Appendix I to this chapter and in other cases that can be of significant importance to an undetermined group of people, the competent authority shall, before an administrative decision is made, give the public an opportunity to submit an opinion within a set time limit, which shall not be shorter than four weeks. If the urgent granting of a permit is required out of consideration for the environment, for the need for a solution to an acute problem or for significant social interests, a shorter time limit may be set.

Advance notification to the public shall be made through the channels suitable for drawing the attention of the public to the case. Relevant documents shall be made available in ways suitable for providing the public with the opportunity to examine them. The expenses associated with such notification shall be covered by the applicant or the permit holder.

§ 36-7. Exceptions from the requirement for advance notification
Advance notification in accordance with sections 36-4 and 36-5 may be dispensed with if:

a) notification is not practicable or would entail a risk that the administrative decision cannot be implemented,
b) the party has no known address and tracing him would require more time or effort than is reasonable, having regard to the party's interests and to the significance of the notification,
c) the party concerned has already been informed by other means of the impending administrative decision and has had reasonable opportunity and time to express an opinion, or if such notification for other reasons is considered to be obviously unnecessary.

Advance notification in accordance with sections 36-5 and 36-6 may be dispensed with if:

a) If the urgent granting of a permit is required out of consideration for the environment, for the need for a solution to an acute problem or for significant social interests, or
b) the administrative decision, including the decision to amend an existing permit, will have a minor impact on the environment. An amendment that entails a substantial extension of a deadline to implement emission-reducing or mitigation measures, or which allows a not insubstantial increase in pollution or a risk of pollution, shall not be considered as having a minor impact on the environment.

IV. Conditions for permits for the activities listed in Appendix I

§ 36-8. Basic principles in the processing of permits
When processing applications for permits and when determining the conditions attached to them, cf. section 36-9, the competent authority shall base its decision on the following principles:

1. All the appropriate preventive measures are taken against pollution, in particular through application of the best available techniques, cf. Appendix II to this chapter.   
2. No significant pollution is caused.   
3. The discharge of prioritized chemicals that are hazardous to health and the environment shall be reduced or eliminated completely in so far as this is technically and economically possible.   
4. The production of waste shall be avoided as far as possible. If waste is produced, it shall be recovered and, where that is not technically and economically possible, it shall be disposed of in such a way that avoids or reduces any impact on the environment.   
5. Energy is used efficiently.   
6. The necessary measures are taken to prevent accidents and limit their consequences.   
7. The necessary measures are taken upon definitive cessation of activities to avoid any pollution risk and return the site of operation to a satisfactory state.   
8. Information on the emission status of the activity and the environmental impact of the emissions shall be made available to the public.

§ 36-9. Conditions of the permit

To facilitate the compliance of the license holder with the basic principles listed in section 36-8 and in the Pollution Control Act, and implement the measures necessary to ensure a high level of protection of the environment as a whole, the permit shall contain necessary conditions, including:

1. The emission limit values for pollutants, in particular those listed in Appendix III to this chapter, likely to be emitted from the activity in significant quantities. The determination of the limit values shall take into consideration the potential for the pollution to be transferred in the environment to air, water and land. Where appropriate, limit values may be replaced by equivalent parameters or technical measures. Emission limit values, parameters and technical measures shall be based on the best available techniques, but without prescribing the use of any use of any specific technique or technology. It shall take into account the technical characteristics of the installation concerned, its geographical location and the local environmental conditions.   
2. Conditions governing the reduction and, as far as this is technically and economically possible, the elimination of emissions of chemicals currently prioritized as hazardous to health and the environment.   
3. If necessary, special conditions to ensure that the land and groundwater are protected sufficiently against pollution.   
4. Conditions governing the minimization of long-distance or transboundary pollution.   
5. The requirement for periodic reporting to the competent authority and for the drawing up of an emission monitoring programme that specifies the measurement methodology, the frequency of the measurements and evaluation procedures.   
6. The requirement to provide to the competent authority the data required to check compliance with the permit.   
7. The requirement of prevention of pollution in conditions other than normal operating conditions, for example during shut-down and start-up or cessation of operations.

 If an environmental standard requires more stringent conditions than those that can be achieved by using the best available techniques, supplementary conditions shall be specified in the permit.

V. The permit

36-9a. Case processing time
For applications for permits in accordance with the Pollution Control Act for activities covered by the Services Act, a deadline for case processing shall be predetermined and published as stated in the Services Act Section 11, subsection 1, first point. Section 11, subsection 2 of the Services Act, that permission shall be considered to have been given when the deadline for case processing expires, does not apply.  This paragraph does not apply to chapters 12, 13 and 15.

§ 36-10. The decision
The reasons for the decision shall be given. The reasons shall include the following points:

a) which rules the decision is based on,
b) the key actual conditions on which the decision is based,
c) the main considerations that have influenced the decision, and
d) how opinions submitted have been assessed, and how much weight they have been given in the decision-making process.

§ 36-11. Information about the decision
The competent authority shall ensure that the parties and others who have been notified in accordance with section 36-5 or who have expressed an opinion are notified of the decision. When several parties have submitted a joint opinion, it shall be sufficient to notify a representative of those parties.

The public shall be informed of the decision of which the advance notification was given in accordance with section 36-6. The information shall be provided via the channels suitable for drawing the attention of the public to the decision. The expenses shall be covered by the permit holder.

The information shall contain the result of and  the reasons for the decision.

The permit shall be made publicly accessible.

§ 36-12. Periodic assessment of the permit
The competent authority shall on its own initiative periodically reconsider the permit, among other things in light of the development of the best available techniques. If necessary, the competent authority can amend the permit in accordance with provisions regarding the amendment of permits under the terms of section 18 of the Pollution Control Act, or it can issue a new permit to replace the existing one.

The competent authority can stipulate in the permit that it will lapse if it is not put into use within a specific time limit.

VI. Emission data

§ 36-13. Information on emission data
The competent authority shall make sure that the data reported on annual emissions and quantities of waste generated by activities covered by Appendix I to this chapter is entered into an emissions register. The information in the register shall be publicly accessible.

Appendix I. Activities covered by the provisions of this chapter

1. Installations or parts of installations used for research, development and testing of new products and processes are not covered by this directive.
2. The threshold values given below generally refer to production capacities or output. Where one operator carries out several activities falling under the same subheading at the same installation or on the same site, the capacities of such activities are added together.

1. Energy industries
1.1. Combustion installations with a rated thermal input exceeding 50 MW

1.2. Mineral oil and gas refineries

1.3. Coke ovens

1.4. Coal gasification and liquefaction plants

2. Production and processing of metals

2.1.Metal ore (including sulphide ore) roasting or sintering installations

2.2. Installations for the production of pig iron or steel (primary or secondary fusion) including continuous casting, with a capacity exceeding 2.5 tonnes per hour

2.3. Installations for the processing of ferrous metals using:
a) hot-rolling mills with a capacity exceeding 20 tonnes of crude steel per hour,
b) smitheries with hammers, the energy of which exceeds 50 kilojoule per hammer, where the calorific power used exceeds 20 MW,
c) application of protective fused metal coats with an input exceeding 2 tonnes of crude steel per hour

2.4. Ferrous metal foundries with a production capacity exceeding 20 tonnes per day.

2.5. Installations
a) for the production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes,
b) for the smelting, including the alloyage, of non-ferrous metals, including recovered products (refining, foundry casting, etc.) with a melting capacity exceeding 4 tonnes per day for lead and cadmium or 20 tonnes per day for all other metals

2.6. Installations for surface treatment of metals and plastic materials using an electrolytic or chemical process where the volume of the treatment vats exceeds 30 m2.

3. Mineral industry

3.1. Installations for the production of cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or lime in rotary kilns with a production capacity exceeding 50 tonnes per day or in other furnaces with a production capacity exceeding 50 tonnes per day.

3.2. Installations for the production of asbestos and the manufacture of asbestos-based products.

3.3. Installations for the manufacture of glass, including glass fibre, with a melting capacity exceeding 20 tonnes per day.

3.4. Installations for melting mineral substances, including the production of mineral fibres, with a melting capacity exceeding 20 tonnes per day.

3.5. Installations for the manufacture of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity exceeding 75 tonnes per day, and/or with a kiln capacity exceeding 4 m3 and with a setting density per kiln exceeding 300 kg/m3

4. Chemical industry
Production within the meaning of the categories of activities contained in this section means the production on an industrial scale by chemical processing of substances or groups of substances listed in sections 4.1 to 4.6.

4.1. Chemical installations for the production of basic organic chemicals, such as:
a) simple hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic),
b) oxygen-containing hydrocarbons such as alcohols, aldehydes, ketones, carboxylic acids, esters, acetates, ethers, peroxides, epoxy resins,
c) sulphurous hydrocarbons,
d) nitrogenous hydrocarbons such as amines, amides, nitrous compounds, nitro compounds or nitrate compounds, nitriles, cyanates, isocyanates,
e) phosphorus-containing hydrocarbons,
f) halogenic hydrocarbons,
g) organometallic compounds
h) basic plastic materials (polymers, synthetic fibres and cellulose-based fibres),
i) synthetic rubbers,
j) dyes and pigments,
k) surface-active agents and surfactants.

4.2. Chemical installations for the production of basic inorganic chemicals, such as:
a) gases, such as ammonia, chlorine or hydrogen chloride, fluorine or hydrogen fluoride, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, sulphur dioxide, carbonyl chloride,
b) acids, such as chromic acid, hydrofluoric acid, phosphoric acid, nitric acid, hydrochloric acid, sulphuric acid, oleum, sulphurous acids,
c) bases, such as ammonium hydroxide, potassium hydroxide, sodium hydroxide,
d) salts, such as ammonium chloride, potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate,
e) non-metals, metal oxides or other inorganic compounds, such as calcium carbide, silicon, silicon carbide.

4.3.Chemical installations for the production of phosphorous-, nitrogen- or  potassium-based fertilizers (simple or compound fertilizers).

4.4. Chemical installations for the production of basic plant health products and of biocides.

4.5. Installations using a chemical or biological process for the production of basic pharmaceutical products.

4.6. Chemical installations for the production of explosives.

5. Waste management
Without prejudice of Article 11 of Directive 75/442/EEC or Article 3 of Directive 91/689/EEC of 12 December 1991 on hazardous waste.

5.1. Installations for the disposal or recovery of hazardous waste as defined in the list referred to in Article 1 (4) of Directive 91/689/EEC, as defined in Annexes II A and II B (operations R1, R5, R6, R8 and R9) to Directive 75/442/EEC and in Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils (2), with a capacity exceeding 10 tonnes per day.

5.2. Installations for the incineration of municipal waste as defined in Directive 89/369/EEC of 8 June 1989 on the prevention of air pollution from new municipal waste incineration plants (1) and Directive 89/429/EEC of 21 June 1989 on the reduction of air pollution from existing municipal waste-incineration plants (2) with a capacity exceeding 3 tonnes per hour.

5.3. Installations for the disposal of non-hazardous waste as defined in Annex II A to Directive 75/442/EEC under headings D8 and D9, with a capacity exceeding 50 tonnes per day.

5.4. Landfills receiving more than 10 tonnes per day or with a total capacity exceeding 25,000 tonnes, excluding landfills of inert waste.

6. Other activities

6.1. Industrial plants for the production of:
a) pulp from timber or other fibrous materials,
b) paper and board with a production capacity exceeding 20 tonnes per day.

6.2. Plants for the pre-treatment (operations such as washing, bleaching, mercerization) or dyeing of fibres or textiles where the treatment capacity exceeds 10 tonnes per day.

6.3. Plants for the tanning of hides and skins where the treatment capacity exceeds 12 tonnes of finished products per day.

6.4.
a) Slaughterhouses with a carcase production capacity greater than 50 tonnes per day,
b) Treatment and processing intended for the production of food products from:
- animal raw materials (other than milk) with a finished product production capacity greater than 75 tonnes per day
- vegetable raw materials with a production capacity greater than 300 tonnes per day (average value on a quarterly basis)
c) Treatment and processing of milk, the quantity of milk received being greater than 200 tonnes per day (average value on an annual basis)

6.5. Installations for the disposal or recycling of animal carcasses and animal waste with a treatment capacity exceeding 10 tonnes per day.

6.6. Installations for the intensive rearing of poultry or pigs with more than:
a) 40,000 places for poultry,
b) 2,000 places for production pigs (over 30 kg), or
c) 750 places for sows.

6.7. Installations for the surface treatment of substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, with a consumption capacity of more than 150 kg per hour or more than 200 tonnes per year.

6.8. Installations for the production of carbon (hard-burnt coal) or electrographite by means of incineration or graphitization.

Appendix II. Best available techniques

'Best available techniques' shall mean the most effective and advanced stage in the development of activities and their methods of operation which indicate the practical suitability of particular techniques for providing in principle the basis for emission limit values designed to prevent and, where that is not practicable, generally to reduce emissions and the impact on the environment as a whole. In this context, the following definitions apply:

1. Techniques: both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned.   
2. Available: those developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages, whether or not the techniques are used or produced inside Norway, as long as they are reasonably accessible to the operator.   
3. Best: most effective in achieving a high general level of protection of the environment as a whole.

Considerations to be taken into account generally or in specific cases when determining best available techniques, as defined above, bearing in mind the likely costs and benefits of a measure and the principles of precaution and prevention.

1. The use of low-waste technology.   
2. The use of less hazardous substances.   
3. The furthering of recovery and recycling of substances generated and used in the process and of waste.   
4. Comparable processes, facilities or methods of operation which have been tried with success on an industrial scale.   
5. Technological advances and changes in scientific knowledge and understanding.   
6. The nature, effects and volume of the emissions concerned.   
7. The commissioning dates for new or existing installations.   
8. The length of time needed to introduce the best available technique.   
9. The consumption and nature of raw materials (including water) used in the process and their energy efficiency.   
10. The need to prevent or reduce to a minimum the overall impact of the emissions on the environment and the risks to it.   
11. The need to prevent accidents and to minimize the consequences for the environment.

The "BAT Reference Documents" drawn up in accordance with article 16.2 of Directive 1996/61/EC (the IPPC directive) shall be used as an aid for determining the best available techniques in each emission permit.

Appendix III. Main pollutants to be considered in determining limit values for emissions

Air

1. Sulphur dioxide and other sulphur compounds   
2. Oxides of nitrogen and other nitrogen compounds   
3. Carbon monoxide   
4. Volatile organic compounds   
5. Metals and their compounds   
6. Dust   
7. Asbestos (suspended particulates, fibres)   
8. Chlorine and its compounds   
9. Fluorine and its compounds   
10. Arsenic and its compounds   
11. Cyanides   
12. Substances and preparations which have been proved to possess carcinogenic or mutagenic properties or properties which may affect reproduction via the air.   
13. Polychlorinated dibenzodioxins and polychlorinated dibenzofurans.

Water

1. Organohalogen compounds and substances which may form such compounds in the aquatic environment   
2. Organophosphorus compounds   
3. Organotin compounds   
4. Substances and preparations which have been proved to possess carcinogenic or mutagenic properties or properties which may affect reproduction via the aquatic environment.   
5. Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances   
6. Cyanides   
7. Metals and their compounds   
8. Arsenic and its compounds   
9. Biocides and plant health products   
10. Materials in suspension   
11. Substances which contribute to eutrophication (in particular, nitrates and phosphates)   
12. Substances which have an unfavourable influence on the oxygen balance (and can be measured using parameters such as BOD, COD, etc.).