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

Laid down in accordance with section 13 of Act no. 6 of 13 March 1981 concerning protection against pollution and concerning waste (the Pollution Control Act).

§ 37-1. Scope
The provisions in this chapter apply to the duty to notify when activities or measures are planned that may cause major pollution, including the risk of extensive acute pollution. The provisions do not apply to the expansion of existing activities that do not produce new types of pollution or emission of new pollutants.

The provisions in this chapter do not restrict the duty to apply for a permit under the terms of section 11 of the Pollution Control Act.

§ 37-2. Activities covered by the duty to report
Subject to the limitation in section 37-1, subsection 1, point 2, the Climate and Pollution Agency shall always be notified when activities are planned in the following industrial sectors:

1. The petrochemical industry,   
2. Oil refineries   
3. The production of cellulose and paper,   
4. The production of explosives,   
5. Mining operations and preparing plants,   
6. Herring oil factories,   
7. The metallurgical industry,   
8. Coking plants,   
9. Gas plants,   
10. Cement factories,   
11. Combustion facilities with a total thermal input exceeding 75 MW or where the thermal input of heating with solid fuel, including waste, exceeds 15 MW,   
12. Involving the discharge of phosphorus to a freshwater recipient or threshold fjord where the water is seldom replenished if the discharge exceeds 5 tonnes of phosphorus per year prior to cleansing,   
13. The production of chemical raw materials, including the production of
    - carbides,
    - chlorine,
    - nitric acid and sulphuric acid,
    - ammonia,
    - pigments,
    - urea,
    - synthetic fertilizer,
    - pesticides,
    - artificial resins,
    - synthetic fibre,   
14. Petroleum exploration under a production license, when the exploration will take place in previously unexplored sections of Norwegian territorial waters or the Norwegian continental shelf   
15. Constructions for the exploitation of petroleum deposits.

Subject to the limitations in section 37-1, subsection 1, point 2, notification shall also be given when other activities are planned that may cause substantial pollution. When assessing whether an activity may cause substantial pollution, particular emphasis shall be placed on whether it will produce discharge of substances that are particularly hazardous to health and the environment or cause a significant noise disturbance, and on the quantities discharged, the risk of major accidents that may cause pollution, the level of vulnerability of the environment at the discharge site, as well as on whether special protection interests are associated with the area. Emphasis shall also be placed on whether the activity will adopt new technology that may cause pollution.

In the event of disputes, the Climate and Pollution Agency shall determine whether there is a duty to notify, in accordance with  the provisions in this chapter.

§ 37-3. Content of the report
A report drawn up in accordance with section 37-2 shall contain the following details:

1. Name and address of the person in charge,   
2. The activity planned, including information about the industry, type of production, planned site and intended date of start of activities. For onshore activities, the information must include the name of the municipality, the cadastral number, the holding number and the status of the property in relation to any site plans or zoning plans. For industrial activities, the annual output of the activity must also be given, and for combustion plants the input must be given.
   
   The report shall also give the available information on
   
3. Discharges and emissions to water, air and land, components, presumed quantities and discharges that are particularly hazardous to health and the environment,   
4. Noise, vibration, radiation,   
5. Waste types and quantities,   
6. The risk of acute pollution, the probability of accidental discharge, components and quantities,   
7. Any alternative sites and forms of production,   
8. Planned measures with possible alternatives for limiting pollution,   
9. Planned waste management with possible alternatives,   
10. Any conflicts of interest.

Climate and Pollution Agency may further decide what information the report should contain in each case.

§ 37-4. When reports are to be made
The report shall be provided at an early stage of the planning, so that any impact assessments can be presented when an application for a permit is submitted in accordance with section 11 of the Pollution Control Act. When several alternatives for implementing a measure are available, the report shall be submitted before an alternative is selected.

For petroleum exploration, reports must be submitted as soon as possible after the production license has been granted.

§ 37-5. Further procedure
Based on the report submitted, the Climate and Pollution Agency shall decide whether to demand an impact assessment in accordance with section 13 of the Pollution Control Act.