Deco Paint Regulations 2007
Limitations of Emissions of Volatile Organic Compounds due to the Use of Organic Solvents in Certain Paints, Varnishes and Vehicle Refinishing Products Regulations 2007, (S.I. No. 199 of 2007)
What is the purpose of these Regulations?
The Regulations limit the VOC content of certain paints, varnishes and vehicle refinishing products in order to reduce the risk to the user and the environment.
Who is affected by these Regulations?
If you carry out vehicle refinishing for repair, conservation or decoration on an industrial or commercial basis, (panel beating & spraying), no matter what the scale of your operation is, you are legally obliged to meet the relevant requirements of the Deco Paint Regulations 2007.
What will these Regulations mean for me?
If you carry out vehicle refinishing, as stated above, there are a number of requirements, which you must meet in order to be in compliance with the Regulations.
The Best Practice Guidelines for Vehicle Refinishing for Repair highlights what you must do in order to be compliant.
One of the requirements is that you must register with Donegal County Council to obtain a Certificate of Approval in order to operate a vehicle refinishing installation within the law. It is an offence under S.I. 199 of 2007 to operate without a valid Certificate of Approval. Any individual who fails to comply with or contravenes these regulations may be prosecuted summarily, and be liable to a fine not exceeding €3000 or up to 12 months imprisonment, or both.
The EPA is engaging with the Insurance companies and it is expected that all insurance work will need to be carried out by Certified Operators in the near future.
How do I register?
You must submit the following to the Central Lab of Donegal County Council:
1. A Completed Registration Form, (which may be provided by the AIC)
2. A Compliant AIC Report
3. An Application fee of €50
What is an AIC Report?
You must engage in the services of an Accredited Inspection Contractor, (AIC), in order to have them carry out an inspection of your installation. The AIC will review your operations and produce a report based on your compliance (or otherwise) with the Deco Paint Regulations. This report is called an AIC Report, which will identify problem areas in terms of non-compliance with the regulations and make appropriate recommendations to bring about full compliance.
How often must an AIC Report be submitted to Donegal County Council?
The AIC Report must be submitted to the Environment Section on registration, and every two years thereafter. A completed Registration Form and fee must accompany it.
How do I contact an Accredited Inspection Contractor?
The Irish National Accreditation Board (INAB) must accredit your AIC. There will be a list of AIC’s on the INAB website at www.inab.ie. (Currently only one AIC is operating)
What happens after I submit all of the relevant documents to the Environment Section?
The Environment Section will assess all of the documents and inspect the premises. If you are operating in compliance with the Regulations, you will be issued a Certificate of Approval within 21 days of receiving your AIC Report.
How long is the Certificate valid?
Certificates of Approval are valid for 2 years before expiry. For renewal of a Certificate of Approval, another AIC inspection must be carried out. A compliant AIC Report, Registration Form and Application fee must be submitted to Donegal County Council not less than 28 days before the expiry date of the current Certificate of Approval.
Solid and Liquid Waste
All solid and liquid waste containers/barrels must be adequately labelled to ensure compliance with the Regulations. The areas where such waste is stored must be adequately ventilated, secured against vandalism and unauthorised access and be arranged to avoid any damages from collisions or spills from trips as far as possible.
A licensed waste contractor must remove all solid and liquid waste off-site. A copy of the waste contractors Waste Collection Permit must be kept on file at all times.
Once the waste contractor arrive on site to collect the solid and liquid waste, the following documentation must be obtained:
1. How much waste was collected.
2. When the waste was collected.
3. What the company collected.
4. The final destination of the waste.
5. Whether the waste was recovered or sent of disposal.
Queries
If you have any queries in relation to the Deco Paint Regulations please contact Donegal County Council, Central Lab, The Kube, Magheranan, Letterkenny, Co. Donegal, Tel: 074 9122787.
Further Information
Best Practice Guidelines for Vehicle Refinishing for Repair Installations
Department of the Environment
INAB List of Approved AIC’s
Register of Certified Operators under Decopaints Regulations
Air Legislation and Regulations
The principal national legislation for the prevention and control of air pollution is the Air Pollution Act, 1987 (No. 6 of 1987). This act provides a comprehensive statutory framework for the control of air quality. Other relevant legislation includes;
- Air Quality Standards Regulations of 2002
- Marketing, Sale and Distribution of Fuels Regulations, 1998
- The text of Irish Legislation can be viewed online in the Irish Statute Book available on the Attorney Generals website.
Local Authorities are empowered under this legislation to licence certain classes of activities. Activities qualifying for an Air Pollution Licence are as listed in Schedule 3 of the 1987 Air Pollution Act. The main activity requiring this type of licensing is quarrying.
Section 26 of the Air Pollution Act 1987, allows Local Authorities to issue statutory Notices requiring “measures to be taken to prevent or limit air pollution”.
Section 24 (2) of the 1987 Air Pollution Act states “The occupier of any premises shall not cause or permit an emission from such premises in such a quantity, or in such a manner, as to be a nuisance”.
Solvent Regulations
The Emissions of Volatile Organic Compounds from Organic Solvents Regulations (referred to as the Solvents Regulations) were introduced in Ireland in November 2002. This legislation requires a large section of Irish business, which use solvents or solvent containing materials as part of their operation, to determine if the regulations apply to them, and if so, obtain a Certificate of Compliance by October 31st 2007. The following business sectors come under the remit of the regulations:
1. Dry cleaning;
2. Vehicle coating and vehicle refinishing; (now subject to the Decopaints Regulations - see Decopaints Section)
3. Other activities - Coil coating, Winding wire coating, Other coating, including metal, plastic, textile, fabric, film, leather, wood, and paper surfaces; Wood impregnation; Footwear manufacture; Wood and plastic lamination; Adhesive coating; Rubber conversion; Vegetable oil and animal fat extraction and vegetable oil refining activities; Manufacturing of pharmaceutical products; Manufacturing of coating preparations, varnishes, inks and adhesives; Surface cleaning using compounds with risk phrases R45, R46, R49, R60, R61, or R40 and halogenated compounds; Other surface cleaning; Printing.
Solvent Records
All solvent users must determine if the regulations apply to their specific operation. This depends on your business sector, and the type and amount of solvent you use in a year. At least 12 consecutive months of solvent purchase records are required to determine if the regulations apply to you. Should you exceed the annual solvent consumption threshold for your sector, your operation comes under the remit of the regulations, and you will be required to achieve compliance.
Accredited Inspection Contractor
In order to attain compliance, an Accredited Inspection Contractor (AIC) must review your operation, and produce a report on the level of compliance with the regulations. This report will state if you are in compliance or otherwise with the regulations. The AIC will be selected from a panel of such contractors, established by the Irish National Accreditation Board (INAB), - check INAB website.
Certificate of Compliance
An AIC report demonstrating compliance with the regulations must be submitted to Donegal County Council, together with the completed registration form and a fee of €50. On the basis of this documentation, Donegal County Council will make a decision on the issue of a Certificate of Compliance for your operation. Operating without a Certificate of Compliance may result in Donegal County Council initiating enforcement proceedings under the Air Pollution Act 1987, which could lead to the suspension of business within 1 month. Please note that it is advisable to arrange an AIC inspection well in advance of the renewal date in order to carry out any remedial works, which may be required to achieve a compliant AIC report.
It is illegal to operate a business that comes under the Regulations, without a certificate of Compliance/Approval. Any individual who fails to comply with or contravenes these regulations may be prosecuted summarily, and be liable to a fine not exceeding €3000 or up to 12 months imprisonment, or both.
Queries
If you have any queries in relation to the Solvent Regulations please contact the Environment Section, Donegal County Council, Central Lab, The Kube, Letterkenny at 074-9122787.
Further Information
Further information on the Solvents Regulations and the use of solvents can be found on the following websites:
INAB List of AIC’s or contact Irish National Accreditation Board, 01-6073003
Solvents Regulations
Best Practice Guidelines for Dry Cleaning
Department of the Environment
Recommendations on the Disposal of Separator Water
Register of Certified Dry Cleaners
Air Complaints
Air complaints, in the main, relayed to Donegal County Council tend to be related to;
- the nuisance value of odours, (whether from commercial properties or agricultural activities, e.g. landspreading of slurries),
- smoke from the open burning of wastes (i.e. backyard burning of wastes).
- Dust from Quarrying activities
Burning of Wastes
Donegal County Council expressly prohibits the open burning of commercial / domestic waste, and will act to prevent this occurrence when reported. Proper refuse disposal is via appropriate recycling, composting or refuse collection service, or other licensed / permitted waste disposal facility.
Odours from Landspreading
Donegal County Council acknowledges that landspreading of agricultural slurries is a normal part of agricultural practices, and that some level of odour can be expected from slurry spreading.
All slurry spreading should be carried out in accordance with good practice guidelines as issued by Teagasc, the EPA, and or the Department of Agriculture.
Air Quality in Donegal
Ireland's, and Donegal’s, air quality remains generally good. In this regard we are fortunate to be located on the fringe of Western Europe, with a relatively mild climate and to have an almost continuous movement of clean air over the country The "smog" problem which existed in the 1980s/early 1990s has now been eliminated primarily due to the ban on the marketing, sale and distribution of bituminous coal in certain urban areas. It is now evident that, due mainly to the very significant increase of vehicles on our roads, emissions from the transport sector represent the greatest threat to our air quality.
New and more stringent air quality standards for a number of pollutants have been set by the EU to be achieved by 2005 - 2010 and it is recognised that the standards for PM10 and NOx particularly will be challenging to meet, especially in heavily trafficked urban areas. Recent environmental standards for fuel quality and tighter vehicle emission standards, attained through the introduction and rollout of the National Car Test are interlinked elements of the Government's strategy to reduce transport emissions. These measures will help to ensure that Ireland does attain the requisite standards.
The EPA - Environmental Protection Agency compiles national information on National Air Quality Monitoring, producing an Annual Report on same. More information is available at www.epa.ie
Further information re air quality in general in Ireland is available at www.environ.ie (Department of the Environment) and http://www.enfo.ie/ (Government Environmental Information Service).
There are a number of companies in County Donegal that have been issued with Air Pollution Licences, for the operation of industrial plants, by Donegal County Council.
- Donegal County Council’s Register of Air Licences – Air Licences