There are two main types of air pollution:

• fumes - which can include vapours, gases, smoke and odours
• dust - dry particles

These can be produced in a number of different ways. Manufacturing processes, particularly those that use chemicals and machinery, can cause air pollution. Less obviously 'dirty' processes, such as cleaning and packaging goods, can also produce harmful emissions.

Businesses particularly at risk of causing air pollution

Most types of business can cause some form of air pollution if they are not run properly. Some businesses are particularly at risk of creating air pollution, including:

• manufacturers
• farmers
• construction, building and demolition trades
• vehicle repairers
• welders
• mines and quarries
• printers
• hauliers and other transport businesses
• waste management businesses
• dry cleaners
• laboratories

Sources of air pollution from business premises include:

• emissions from burning fuels in furnaces and boilers
• burning material in the open
• dust and fumes from poor waste storage and ventilation systems
• ozone (an air pollutant which can be harmful to human health) from office equipment such as copiers and laser printers
• exhaust fumes and dust from distribution and delivery vehicles

Effects of air pollution on the environment and human health

Air pollution impacts seriously on the environment in a number of ways. Emissions of greenhouse gases contribute to climate change and ozone-depleting substances cause damage to the ozone layer. This type of pollution also increases the acidity of rain, which causes damage to buildings, land, fresh water and sea water, wildlife and plants.

There are many associated risks to human health from air pollution. Those who are exposed to poor air quality can face an increased risk of developing or exacerbating a range of illnesses including lung and breathing problems, skin conditions, cancer and organ damage.

Ensuring good air quality can benefit your business. You can reduce the risk of health problems among your staff and visitors, which may help avoid staff sickness and compensation claims.

Complying with air quality legislation will also help you avoid the risks of penalties and prosecution.

However, there are a number of other benefits, aside from reducing legal and financial risks. Good environmental practice can also help to save money for your business.

Cost savings from reducing air pollution from your business typically include:

• lower insurance premiums through carrying out risk assessments
• less risk of machinery being clogged or damaged by dust
• reduced risk of compensation claims from employees and members of the public

Your reputation could benefit too. Lower levels of pollution will improve your standing with employees and customers, and relationships with the local community. As environmental awareness grows, clients and potential clients may be more attracted to your business than to your competitors.

The best way to prevent air pollution from your business is to avoid producing it in the first place. Check and monitor your emissions and review your business processes to see if you can cut down on air pollution. Ensure you are complying with environmental law and with all necessary permissions. Then take steps to control any remaining emissions.

How to check your business for air pollution

Buy monitoring instruments that check levels of gas and fumes - you could use an environmental consultant to do this.

Include air pollution as part of your regular risk assessments.

How to control air pollution from your business

There are several simple ways to control air pollution from your business:

• Ensure staff are informed about the dangers of dust and fumes.
• Clean machinery and premises regularly and thoroughly.
• Seal vessels that contain solvents and other hazardous substances.
• Ensure there are enough open windows and doors on the premises. However, make sure you consider the effects of air pollution on the wider environment.
• Install a ventilation system.
• Consider investing in lower emissions equipment.

How to comply with air pollution legislation

If you have a pollution prevention and control permit, waste management licence or a waste exemption, you must comply with all of its conditions.

Several pieces of environmental legislation that control air pollution may apply to your business. This will depend on the type of activities your business carries out and where it is located.

• If you use a boiler or furnace, you should check what legal requirements you need to comply with.
• If you burn waste, you must have the correct permit, licence or registered waste exemption.
• If you use hazardous substances such as solvents or you carry out certain industrial, intensive agricultural or waste activities that are likely to cause air pollution you may require a pollution prevention and control permit. This permit will contain conditions that control your emissions to air.
• If you use ozone-depleting substances or fluorinated greenhouse gases such as solvents, refrigerants and foam blowing agents you must be qualified to use them, handle them appropriately and comply with any phase-out dates that apply.
• Emissions from your business must not cause a nuisance to your neighbours. Your district council or the Northern Ireland Environment Agency (NIEA) can also impose additional requirements that you may need to comply with.
• If you carry out activities covered by the United Kingdom Emissions Trading System (UK ETS) you must hold a greenhouse gas emissions permit. The main activities include energy activities, combustion installations, iron and steel businesses, mineral oil refineries, the mineral industry, and pulp and paper businesses.

If you are unsure if air pollution legislation applies to your business, you should contact your local council or NIEA.

You must also prevent air quality from damaging the health of staff and visitors.

You must not cause or allow a chimney or bonfire on your site to emit dark smoke. There are some exemptions from this requirement, but only if your installation won't cause emissions that could damage health or cause a nuisance.

What is dark smoke?

The darker the smoke, the more polluting it tends to be. Smoke darker than a specified shade of grey is officially classified as 'dark smoke'.

A Ringelmann chart is used to define dark smoke. The chart has five shades of grey with 0 being clear and 5 being black. Smoke is considered 'dark' if it has a shade of 2 or darker. Buy the Ringelmann chart in British Standard BS 2742C.

What you must do to prevent dark smoke emissions

You must prevent the emission of dark smoke from:

• chimneys serving furnaces, fixed boilers or industrial plants, whether they are attached to buildings or not
• any industrial or trade premises

Industrial or trade premises include:

• the site where you are working, such as a building or demolition site
• any site that you own or lease
• land used for commercial agriculture or horticulture

Your local council does not need to see the emissions of dark smoke to take action against you. Evidence of burnt materials that could cause dark smoke, such as steel reinforcement from tyres, or plastic residues is sufficient. Be aware that you cannot use a defence of lack of visual evidence, if you burn materials at night for example.

Permits and exemptions for burning waste

If you burn waste in an appliance, such as a furnace or boiler, you will usually require a pollution prevention and control permit, waste management licence or a waste exemption.

You must not burn waste in the open, such as on a bonfire, unless you have a waste management licence or a registered waste exemption that covers this activity.

If you have a permit, licence or waste exemption you must comply with all of its conditions.

Energy can be generated on site using gas, oil or by-products and waste as fuel. If you produce energy or steam on your site and you have a generator, furnace or boiler with a rated thermal input above the threshold levels, you need a permit from the Northern Ireland Environment Agency (NIEA) or your local council.

You need a Part A pollution prevention and control (PPC) permit for appliances with a rated thermal input of 50 megawatts (MW) or more burning fuels (including those that have passed the NIEA's end-of-waste test).

You need a Part C PPC permit for appliances with a rated thermal input of 20 to 50MW burning fuels (including those that have passed the NIEA's end-of-waste test).

Part A is regulated by the NIEA and Part C by your local council.

Permits for burning waste

Most waste burning activities are covered by the Industrial Emissions Directive (IED). If you burn solid or liquid waste in your furnace or boiler you will usually require a IED-compliant Part A PPC permit.

Permit conditions

If you have a permit it will have conditions that control emissions from your boiler or furnace. You must comply with all of the conditions in your permit. Your permit may contain conditions for levels of noise, vibration, odour, dust and smoke emissions.

Approval to install furnaces

Your local council must approve your plans and specifications before you can use a new furnace (except a domestic furnace) in a building, fixed boiler or industrial plant, or if you make changes to an existing furnace.

Talk to your local council about grit and dust arrestment if you do not have a PPC permit and your furnace is going to be used to burn:

• pulverised fuel
• any other solid matter at a rate of 45.4 kilograms or more an hour
• liquid or gaseous matter at a rate equivalent to 366.4 kilowatts or more

If you install a new furnace, it must be able to operate continuously without emitting smoke when burning the type of fuel it has been designed to use. Planning permission or a building warrant from your local council is not sufficient for you to construct a chimney or plant.

Smoke Control Area restrictions

If you are in a Smoke Control Area, the emission of any smoke at any time from a chimney is an offence, with only a few exceptions: you can only use authorised fuels or exempted furnaces or boilers - find out whether you are in a Smoke Control Area.

Sulphur content of fuel limits

You must not use gas oils with a sulphur content higher than 0.1 per cent by weight.

You must not use heavy fuel oils with a sulphur content higher than one per cent by weight.

Chimney and emission requirements

You must meet any chimney and emission requirements that your local council applies to your furnace or boiler.

A boiler or furnace burning fuel normally releases smoke through a chimney. Smoke darker than a specified shade of grey is officially classified as 'dark smoke'.

You must not cause or allow emissions of dark smoke from your chimney.

Authorisations for boilers and furnaces

You must make sure that you comply with any emission limits required by permits or authorisations.

Chimney height requirements

Your chimney must be high enough to prevent smoke, grit, dust, gases and fume emissions from damaging health or causing a nuisance. Your local council can refuse approval for a chimney that is not a sufficient height.

You must obtain approval from your local council for a chimney by satisfying them that your chimney will be tall enough to prevent its emissions becoming a nuisance.

Your application must contain details of:

• the purpose of the chimney
• the position and type of local buildings
• local ground levels
• any other issues that must be taken into account

Your local council may apply certain conditions to their approval such as the rate and quality of emissions from your chimney.

A chimney may be exempt if it is used as part of:

• a temporary replacement, for example if the boiler or furnace is being repaired
• a temporary source of heat or power for building works
• an auxiliary plant to bring the main plant up to operating temperatures
• a mobile source of heat or power for agricultural purposes

If your use of the chimney changes you must re-apply for approval for the new emissions.

You are committing an offence if you use the chimney without approval from your district council.

Boiler emission requirements

You must fit all boilers with grit and dust arrestment equipment. You can apply to your local council for an exemption, but this will only be granted if the boiler will not create emissions that could damage health or cause a nuisance. For further information you should contact your local council.

Smoke, grit and dust emission limits

Your local council can apply limits on emissions of smoke, grit and dust you produce. If you exceed these limits you may be committing an offence and could be prosecuted. Your local council is likely to set limits for sites with a history of complaints, or sites that use fuel or procedures they were not designed to use.

You should use the best practical means to minimise emissions, for example:

• fit grit and dust arrestment filters
• inspect boilers, furnaces and filter equipment regularly for correct operation
• install filter performance monitors

See checking and controlling air pollution.

Good practice to limit emissions

Inspect your emissions regularly so you can detect problems early. Plan and carry out maintenance to ensure that your furnace and boiler meets air emission standards and operates efficiently.

Use cleaner fuels, such as gas, to limit the environmental impact of your furnace and boiler.

Any emissions you cause that affect your neighbours' use and enjoyment of their premises could be a nuisance. For example, if your business is in a residential area and your processes emit dust and fumes, your neighbours have the right to complain. Statutory nuisances from air pollution include:

• dust
• fumes
• odour
• smoke
• gases

If you cause but fail to deal with a nuisance problem you could face legal action and/or a fine. Your local council or the Northern Ireland Environment Agency (NIEA) could restrict or stop your business activities.

The best way to avoid legal action is to not create a nuisance in the first place. You can achieve this by maintaining equipment properly, monitoring your emissions so you can detect potential problems as soon as possible and keeping your neighbours informed of changes.

Local council air pollution controls

Local councils monitor air quality. If air quality fails to meet the required standards, they must declare an Air Quality Management Area (AQMA) and set out a plan for making improvements.

If your business is in an AQMA, you could be affected by:

• the introduction of road charging
• parking restraints
• increased restrictions on waiting and loading times
• taxes to encourage moving freight by rail rather than road
• the review of planning applications by a pollution control team

Find out whether you are in an Air Quality Management Area.

Your local council can also declare a Smoke Control Area, which means that you can use only authorised fuels or exempted furnaces or boilers. In such areas, the emission of any smoke at any time from a chimney is an offence, with only a few exceptions. You could be fined up to £1,000 for each offence.

If you are a contractor and work at different locations you should check with the local council in each of these locations about their Smoke Control Areas - find out whether you are in a Smoke Control Area.

There are two main types of air pollution:

• fumes - which can include vapours, gases, smoke and odours
• dust - dry particles

These can be produced in a number of different ways. Manufacturing processes, particularly those that use chemicals and machinery, can cause air pollution. Less obviously 'dirty' processes, such as cleaning and packaging goods, can also produce harmful emissions.

Businesses particularly at risk of causing air pollution

Most types of business can cause some form of air pollution if they are not run properly. Some businesses are particularly at risk of creating air pollution, including:

• manufacturers
• farmers
• construction, building and demolition trades
• vehicle repairers
• welders
• mines and quarries
• printers
• hauliers and other transport businesses
• waste management businesses
• dry cleaners
• laboratories

Sources of air pollution from business premises include:

• emissions from burning fuels in furnaces and boilers
• burning material in the open
• dust and fumes from poor waste storage and ventilation systems
• ozone (an air pollutant which can be harmful to human health) from office equipment such as copiers and laser printers
• exhaust fumes and dust from distribution and delivery vehicles

Effects of air pollution on the environment and human health

Air pollution impacts seriously on the environment in a number of ways. Emissions of greenhouse gases contribute to climate change and ozone-depleting substances cause damage to the ozone layer. This type of pollution also increases the acidity of rain, which causes damage to buildings, land, fresh water and sea water, wildlife and plants.

There are many associated risks to human health from air pollution. Those who are exposed to poor air quality can face an increased risk of developing or exacerbating a range of illnesses including lung and breathing problems, skin conditions, cancer and organ damage.

Ensuring good air quality can benefit your business. You can reduce the risk of health problems among your staff and visitors, which may help avoid staff sickness and compensation claims.

Complying with air quality legislation will also help you avoid the risks of penalties and prosecution.

However, there are a number of other benefits, aside from reducing legal and financial risks. Good environmental practice can also help to save money for your business.

Cost savings from reducing air pollution from your business typically include:

• lower insurance premiums through carrying out risk assessments
• less risk of machinery being clogged or damaged by dust
• reduced risk of compensation claims from employees and members of the public

Your reputation could benefit too. Lower levels of pollution will improve your standing with employees and customers, and relationships with the local community. As environmental awareness grows, clients and potential clients may be more attracted to your business than to your competitors.

The best way to prevent air pollution from your business is to avoid producing it in the first place. Check and monitor your emissions and review your business processes to see if you can cut down on air pollution. Ensure you are complying with environmental law and with all necessary permissions. Then take steps to control any remaining emissions.

How to check your business for air pollution

Buy monitoring instruments that check levels of gas and fumes - you could use an environmental consultant to do this.

Include air pollution as part of your regular risk assessments.

How to control air pollution from your business

There are several simple ways to control air pollution from your business:

• Ensure staff are informed about the dangers of dust and fumes.
• Clean machinery and premises regularly and thoroughly.
• Seal vessels that contain solvents and other hazardous substances.
• Ensure there are enough open windows and doors on the premises. However, make sure you consider the effects of air pollution on the wider environment.
• Install a ventilation system.
• Consider investing in lower emissions equipment.

How to comply with air pollution legislation

If you have a pollution prevention and control permit, waste management licence or a waste exemption, you must comply with all of its conditions.

Several pieces of environmental legislation that control air pollution may apply to your business. This will depend on the type of activities your business carries out and where it is located.

• If you use a boiler or furnace, you should check what legal requirements you need to comply with.
• If you burn waste, you must have the correct permit, licence or registered waste exemption.
• If you use hazardous substances such as solvents or you carry out certain industrial, intensive agricultural or waste activities that are likely to cause air pollution you may require a pollution prevention and control permit. This permit will contain conditions that control your emissions to air.
• If you use ozone-depleting substances or fluorinated greenhouse gases such as solvents, refrigerants and foam blowing agents you must be qualified to use them, handle them appropriately and comply with any phase-out dates that apply.
• Emissions from your business must not cause a nuisance to your neighbours. Your district council or the Northern Ireland Environment Agency (NIEA) can also impose additional requirements that you may need to comply with.
• If you carry out activities covered by the United Kingdom Emissions Trading System (UK ETS) you must hold a greenhouse gas emissions permit. The main activities include energy activities, combustion installations, iron and steel businesses, mineral oil refineries, the mineral industry, and pulp and paper businesses.

If you are unsure if air pollution legislation applies to your business, you should contact your local council or NIEA.

You must also prevent air quality from damaging the health of staff and visitors.

You must not cause or allow a chimney or bonfire on your site to emit dark smoke. There are some exemptions from this requirement, but only if your installation won't cause emissions that could damage health or cause a nuisance.

What is dark smoke?

The darker the smoke, the more polluting it tends to be. Smoke darker than a specified shade of grey is officially classified as 'dark smoke'.

A Ringelmann chart is used to define dark smoke. The chart has five shades of grey with 0 being clear and 5 being black. Smoke is considered 'dark' if it has a shade of 2 or darker. Buy the Ringelmann chart in British Standard BS 2742C.

What you must do to prevent dark smoke emissions

You must prevent the emission of dark smoke from:

• chimneys serving furnaces, fixed boilers or industrial plants, whether they are attached to buildings or not
• any industrial or trade premises

Industrial or trade premises include:

• the site where you are working, such as a building or demolition site
• any site that you own or lease
• land used for commercial agriculture or horticulture

Your local council does not need to see the emissions of dark smoke to take action against you. Evidence of burnt materials that could cause dark smoke, such as steel reinforcement from tyres, or plastic residues is sufficient. Be aware that you cannot use a defence of lack of visual evidence, if you burn materials at night for example.

Permits and exemptions for burning waste

If you burn waste in an appliance, such as a furnace or boiler, you will usually require a pollution prevention and control permit, waste management licence or a waste exemption.

You must not burn waste in the open, such as on a bonfire, unless you have a waste management licence or a registered waste exemption that covers this activity.

If you have a permit, licence or waste exemption you must comply with all of its conditions.

Energy can be generated on site using gas, oil or by-products and waste as fuel. If you produce energy or steam on your site and you have a generator, furnace or boiler with a rated thermal input above the threshold levels, you need a permit from the Northern Ireland Environment Agency (NIEA) or your local council.

You need a Part A pollution prevention and control (PPC) permit for appliances with a rated thermal input of 50 megawatts (MW) or more burning fuels (including those that have passed the NIEA's end-of-waste test).

You need a Part C PPC permit for appliances with a rated thermal input of 20 to 50MW burning fuels (including those that have passed the NIEA's end-of-waste test).

Part A is regulated by the NIEA and Part C by your local council.

Permits for burning waste

Most waste burning activities are covered by the Industrial Emissions Directive (IED). If you burn solid or liquid waste in your furnace or boiler you will usually require a IED-compliant Part A PPC permit.

Permit conditions

If you have a permit it will have conditions that control emissions from your boiler or furnace. You must comply with all of the conditions in your permit. Your permit may contain conditions for levels of noise, vibration, odour, dust and smoke emissions.

Approval to install furnaces

Your local council must approve your plans and specifications before you can use a new furnace (except a domestic furnace) in a building, fixed boiler or industrial plant, or if you make changes to an existing furnace.

Talk to your local council about grit and dust arrestment if you do not have a PPC permit and your furnace is going to be used to burn:

• pulverised fuel
• any other solid matter at a rate of 45.4 kilograms or more an hour
• liquid or gaseous matter at a rate equivalent to 366.4 kilowatts or more

If you install a new furnace, it must be able to operate continuously without emitting smoke when burning the type of fuel it has been designed to use. Planning permission or a building warrant from your local council is not sufficient for you to construct a chimney or plant.

Smoke Control Area restrictions

If you are in a Smoke Control Area, the emission of any smoke at any time from a chimney is an offence, with only a few exceptions: you can only use authorised fuels or exempted furnaces or boilers - find out whether you are in a Smoke Control Area.

Sulphur content of fuel limits

You must not use gas oils with a sulphur content higher than 0.1 per cent by weight.

You must not use heavy fuel oils with a sulphur content higher than one per cent by weight.

Chimney and emission requirements

You must meet any chimney and emission requirements that your local council applies to your furnace or boiler.

A boiler or furnace burning fuel normally releases smoke through a chimney. Smoke darker than a specified shade of grey is officially classified as 'dark smoke'.

You must not cause or allow emissions of dark smoke from your chimney.

Authorisations for boilers and furnaces

You must make sure that you comply with any emission limits required by permits or authorisations.

Chimney height requirements

Your chimney must be high enough to prevent smoke, grit, dust, gases and fume emissions from damaging health or causing a nuisance. Your local council can refuse approval for a chimney that is not a sufficient height.

You must obtain approval from your local council for a chimney by satisfying them that your chimney will be tall enough to prevent its emissions becoming a nuisance.

Your application must contain details of:

• the purpose of the chimney
• the position and type of local buildings
• local ground levels
• any other issues that must be taken into account

Your local council may apply certain conditions to their approval such as the rate and quality of emissions from your chimney.

A chimney may be exempt if it is used as part of:

• a temporary replacement, for example if the boiler or furnace is being repaired
• a temporary source of heat or power for building works
• an auxiliary plant to bring the main plant up to operating temperatures
• a mobile source of heat or power for agricultural purposes

If your use of the chimney changes you must re-apply for approval for the new emissions.

You are committing an offence if you use the chimney without approval from your district council.

Boiler emission requirements

You must fit all boilers with grit and dust arrestment equipment. You can apply to your local council for an exemption, but this will only be granted if the boiler will not create emissions that could damage health or cause a nuisance. For further information you should contact your local council.

Smoke, grit and dust emission limits

Your local council can apply limits on emissions of smoke, grit and dust you produce. If you exceed these limits you may be committing an offence and could be prosecuted. Your local council is likely to set limits for sites with a history of complaints, or sites that use fuel or procedures they were not designed to use.

You should use the best practical means to minimise emissions, for example:

• fit grit and dust arrestment filters
• inspect boilers, furnaces and filter equipment regularly for correct operation
• install filter performance monitors

See checking and controlling air pollution.

Good practice to limit emissions

Inspect your emissions regularly so you can detect problems early. Plan and carry out maintenance to ensure that your furnace and boiler meets air emission standards and operates efficiently.

Use cleaner fuels, such as gas, to limit the environmental impact of your furnace and boiler.

Any emissions you cause that affect your neighbours' use and enjoyment of their premises could be a nuisance. For example, if your business is in a residential area and your processes emit dust and fumes, your neighbours have the right to complain. Statutory nuisances from air pollution include:

• dust
• fumes
• odour
• smoke
• gases

If you cause but fail to deal with a nuisance problem you could face legal action and/or a fine. Your local council or the Northern Ireland Environment Agency (NIEA) could restrict or stop your business activities.

The best way to avoid legal action is to not create a nuisance in the first place. You can achieve this by maintaining equipment properly, monitoring your emissions so you can detect potential problems as soon as possible and keeping your neighbours informed of changes.

Local council air pollution controls

Local councils monitor air quality. If air quality fails to meet the required standards, they must declare an Air Quality Management Area (AQMA) and set out a plan for making improvements.

If your business is in an AQMA, you could be affected by:

• the introduction of road charging
• parking restraints
• increased restrictions on waiting and loading times
• taxes to encourage moving freight by rail rather than road
• the review of planning applications by a pollution control team

Find out whether you are in an Air Quality Management Area.

Your local council can also declare a Smoke Control Area, which means that you can use only authorised fuels or exempted furnaces or boilers. In such areas, the emission of any smoke at any time from a chimney is an offence, with only a few exceptions. You could be fined up to £1,000 for each offence.

If you are a contractor and work at different locations you should check with the local council in each of these locations about their Smoke Control Areas - find out whether you are in a Smoke Control Area.

There are two main types of air pollution:

• fumes - which can include vapours, gases, smoke and odours
• dust - dry particles

These can be produced in a number of different ways. Manufacturing processes, particularly those that use chemicals and machinery, can cause air pollution. Less obviously 'dirty' processes, such as cleaning and packaging goods, can also produce harmful emissions.

Businesses particularly at risk of causing air pollution

Most types of business can cause some form of air pollution if they are not run properly. Some businesses are particularly at risk of creating air pollution, including:

• manufacturers
• farmers
• construction, building and demolition trades
• vehicle repairers
• welders
• mines and quarries
• printers
• hauliers and other transport businesses
• waste management businesses
• dry cleaners
• laboratories

Sources of air pollution from business premises include:

• emissions from burning fuels in furnaces and boilers
• burning material in the open
• dust and fumes from poor waste storage and ventilation systems
• ozone (an air pollutant which can be harmful to human health) from office equipment such as copiers and laser printers
• exhaust fumes and dust from distribution and delivery vehicles

Effects of air pollution on the environment and human health

Air pollution impacts seriously on the environment in a number of ways. Emissions of greenhouse gases contribute to climate change and ozone-depleting substances cause damage to the ozone layer. This type of pollution also increases the acidity of rain, which causes damage to buildings, land, fresh water and sea water, wildlife and plants.

There are many associated risks to human health from air pollution. Those who are exposed to poor air quality can face an increased risk of developing or exacerbating a range of illnesses including lung and breathing problems, skin conditions, cancer and organ damage.

Ensuring good air quality can benefit your business. You can reduce the risk of health problems among your staff and visitors, which may help avoid staff sickness and compensation claims.

Complying with air quality legislation will also help you avoid the risks of penalties and prosecution.

However, there are a number of other benefits, aside from reducing legal and financial risks. Good environmental practice can also help to save money for your business.

Cost savings from reducing air pollution from your business typically include:

• lower insurance premiums through carrying out risk assessments
• less risk of machinery being clogged or damaged by dust
• reduced risk of compensation claims from employees and members of the public

Your reputation could benefit too. Lower levels of pollution will improve your standing with employees and customers, and relationships with the local community. As environmental awareness grows, clients and potential clients may be more attracted to your business than to your competitors.

The best way to prevent air pollution from your business is to avoid producing it in the first place. Check and monitor your emissions and review your business processes to see if you can cut down on air pollution. Ensure you are complying with environmental law and with all necessary permissions. Then take steps to control any remaining emissions.

How to check your business for air pollution

Buy monitoring instruments that check levels of gas and fumes - you could use an environmental consultant to do this.

Include air pollution as part of your regular risk assessments.

How to control air pollution from your business

There are several simple ways to control air pollution from your business:

• Ensure staff are informed about the dangers of dust and fumes.
• Clean machinery and premises regularly and thoroughly.
• Seal vessels that contain solvents and other hazardous substances.
• Ensure there are enough open windows and doors on the premises. However, make sure you consider the effects of air pollution on the wider environment.
• Install a ventilation system.
• Consider investing in lower emissions equipment.

How to comply with air pollution legislation

If you have a pollution prevention and control permit, waste management licence or a waste exemption, you must comply with all of its conditions.

Several pieces of environmental legislation that control air pollution may apply to your business. This will depend on the type of activities your business carries out and where it is located.

• If you use a boiler or furnace, you should check what legal requirements you need to comply with.
• If you burn waste, you must have the correct permit, licence or registered waste exemption.
• If you use hazardous substances such as solvents or you carry out certain industrial, intensive agricultural or waste activities that are likely to cause air pollution you may require a pollution prevention and control permit. This permit will contain conditions that control your emissions to air.
• If you use ozone-depleting substances or fluorinated greenhouse gases such as solvents, refrigerants and foam blowing agents you must be qualified to use them, handle them appropriately and comply with any phase-out dates that apply.
• Emissions from your business must not cause a nuisance to your neighbours. Your district council or the Northern Ireland Environment Agency (NIEA) can also impose additional requirements that you may need to comply with.
• If you carry out activities covered by the United Kingdom Emissions Trading System (UK ETS) you must hold a greenhouse gas emissions permit. The main activities include energy activities, combustion installations, iron and steel businesses, mineral oil refineries, the mineral industry, and pulp and paper businesses.

If you are unsure if air pollution legislation applies to your business, you should contact your local council or NIEA.

You must also prevent air quality from damaging the health of staff and visitors.

You must not cause or allow a chimney or bonfire on your site to emit dark smoke. There are some exemptions from this requirement, but only if your installation won't cause emissions that could damage health or cause a nuisance.

What is dark smoke?

The darker the smoke, the more polluting it tends to be. Smoke darker than a specified shade of grey is officially classified as 'dark smoke'.

A Ringelmann chart is used to define dark smoke. The chart has five shades of grey with 0 being clear and 5 being black. Smoke is considered 'dark' if it has a shade of 2 or darker. Buy the Ringelmann chart in British Standard BS 2742C.

What you must do to prevent dark smoke emissions

You must prevent the emission of dark smoke from:

• chimneys serving furnaces, fixed boilers or industrial plants, whether they are attached to buildings or not
• any industrial or trade premises

Industrial or trade premises include:

• the site where you are working, such as a building or demolition site
• any site that you own or lease
• land used for commercial agriculture or horticulture

Your local council does not need to see the emissions of dark smoke to take action against you. Evidence of burnt materials that could cause dark smoke, such as steel reinforcement from tyres, or plastic residues is sufficient. Be aware that you cannot use a defence of lack of visual evidence, if you burn materials at night for example.

Permits and exemptions for burning waste

If you burn waste in an appliance, such as a furnace or boiler, you will usually require a pollution prevention and control permit, waste management licence or a waste exemption.

You must not burn waste in the open, such as on a bonfire, unless you have a waste management licence or a registered waste exemption that covers this activity.

If you have a permit, licence or waste exemption you must comply with all of its conditions.

Energy can be generated on site using gas, oil or by-products and waste as fuel. If you produce energy or steam on your site and you have a generator, furnace or boiler with a rated thermal input above the threshold levels, you need a permit from the Northern Ireland Environment Agency (NIEA) or your local council.

You need a Part A pollution prevention and control (PPC) permit for appliances with a rated thermal input of 50 megawatts (MW) or more burning fuels (including those that have passed the NIEA's end-of-waste test).

You need a Part C PPC permit for appliances with a rated thermal input of 20 to 50MW burning fuels (including those that have passed the NIEA's end-of-waste test).

Part A is regulated by the NIEA and Part C by your local council.

Permits for burning waste

Most waste burning activities are covered by the Industrial Emissions Directive (IED). If you burn solid or liquid waste in your furnace or boiler you will usually require a IED-compliant Part A PPC permit.

Permit conditions

If you have a permit it will have conditions that control emissions from your boiler or furnace. You must comply with all of the conditions in your permit. Your permit may contain conditions for levels of noise, vibration, odour, dust and smoke emissions.

Approval to install furnaces

Your local council must approve your plans and specifications before you can use a new furnace (except a domestic furnace) in a building, fixed boiler or industrial plant, or if you make changes to an existing furnace.

Talk to your local council about grit and dust arrestment if you do not have a PPC permit and your furnace is going to be used to burn:

• pulverised fuel
• any other solid matter at a rate of 45.4 kilograms or more an hour
• liquid or gaseous matter at a rate equivalent to 366.4 kilowatts or more

If you install a new furnace, it must be able to operate continuously without emitting smoke when burning the type of fuel it has been designed to use. Planning permission or a building warrant from your local council is not sufficient for you to construct a chimney or plant.

Smoke Control Area restrictions

If you are in a Smoke Control Area, the emission of any smoke at any time from a chimney is an offence, with only a few exceptions: you can only use authorised fuels or exempted furnaces or boilers - find out whether you are in a Smoke Control Area.

Sulphur content of fuel limits

You must not use gas oils with a sulphur content higher than 0.1 per cent by weight.

You must not use heavy fuel oils with a sulphur content higher than one per cent by weight.

Chimney and emission requirements

You must meet any chimney and emission requirements that your local council applies to your furnace or boiler.

A boiler or furnace burning fuel normally releases smoke through a chimney. Smoke darker than a specified shade of grey is officially classified as 'dark smoke'.

You must not cause or allow emissions of dark smoke from your chimney.

Authorisations for boilers and furnaces

You must make sure that you comply with any emission limits required by permits or authorisations.

Chimney height requirements

Your chimney must be high enough to prevent smoke, grit, dust, gases and fume emissions from damaging health or causing a nuisance. Your local council can refuse approval for a chimney that is not a sufficient height.

You must obtain approval from your local council for a chimney by satisfying them that your chimney will be tall enough to prevent its emissions becoming a nuisance.

Your application must contain details of:

• the purpose of the chimney
• the position and type of local buildings
• local ground levels
• any other issues that must be taken into account

Your local council may apply certain conditions to their approval such as the rate and quality of emissions from your chimney.

A chimney may be exempt if it is used as part of:

• a temporary replacement, for example if the boiler or furnace is being repaired
• a temporary source of heat or power for building works
• an auxiliary plant to bring the main plant up to operating temperatures
• a mobile source of heat or power for agricultural purposes

If your use of the chimney changes you must re-apply for approval for the new emissions.

You are committing an offence if you use the chimney without approval from your district council.

Boiler emission requirements

You must fit all boilers with grit and dust arrestment equipment. You can apply to your local council for an exemption, but this will only be granted if the boiler will not create emissions that could damage health or cause a nuisance. For further information you should contact your local council.

Smoke, grit and dust emission limits

Your local council can apply limits on emissions of smoke, grit and dust you produce. If you exceed these limits you may be committing an offence and could be prosecuted. Your local council is likely to set limits for sites with a history of complaints, or sites that use fuel or procedures they were not designed to use.

You should use the best practical means to minimise emissions, for example:

• fit grit and dust arrestment filters
• inspect boilers, furnaces and filter equipment regularly for correct operation
• install filter performance monitors

See checking and controlling air pollution.

Good practice to limit emissions

Inspect your emissions regularly so you can detect problems early. Plan and carry out maintenance to ensure that your furnace and boiler meets air emission standards and operates efficiently.

Use cleaner fuels, such as gas, to limit the environmental impact of your furnace and boiler.

Any emissions you cause that affect your neighbours' use and enjoyment of their premises could be a nuisance. For example, if your business is in a residential area and your processes emit dust and fumes, your neighbours have the right to complain. Statutory nuisances from air pollution include:

• dust
• fumes
• odour
• smoke
• gases

If you cause but fail to deal with a nuisance problem you could face legal action and/or a fine. Your local council or the Northern Ireland Environment Agency (NIEA) could restrict or stop your business activities.

The best way to avoid legal action is to not create a nuisance in the first place. You can achieve this by maintaining equipment properly, monitoring your emissions so you can detect potential problems as soon as possible and keeping your neighbours informed of changes.

Local council air pollution controls

Local councils monitor air quality. If air quality fails to meet the required standards, they must declare an Air Quality Management Area (AQMA) and set out a plan for making improvements.

If your business is in an AQMA, you could be affected by:

• the introduction of road charging
• parking restraints
• increased restrictions on waiting and loading times
• taxes to encourage moving freight by rail rather than road
• the review of planning applications by a pollution control team

Find out whether you are in an Air Quality Management Area.

Your local council can also declare a Smoke Control Area, which means that you can use only authorised fuels or exempted furnaces or boilers. In such areas, the emission of any smoke at any time from a chimney is an offence, with only a few exceptions. You could be fined up to £1,000 for each offence.

If you are a contractor and work at different locations you should check with the local council in each of these locations about their Smoke Control Areas - find out whether you are in a Smoke Control Area.

There are two main types of air pollution:

• fumes - which can include vapours, gases, smoke and odours
• dust - dry particles

These can be produced in a number of different ways. Manufacturing processes, particularly those that use chemicals and machinery, can cause air pollution. Less obviously 'dirty' processes, such as cleaning and packaging goods, can also produce harmful emissions.

Businesses particularly at risk of causing air pollution

Most types of business can cause some form of air pollution if they are not run properly. Some businesses are particularly at risk of creating air pollution, including:

• manufacturers
• farmers
• construction, building and demolition trades
• vehicle repairers
• welders
• mines and quarries
• printers
• hauliers and other transport businesses
• waste management businesses
• dry cleaners
• laboratories

Sources of air pollution from business premises include:

• emissions from burning fuels in furnaces and boilers
• burning material in the open
• dust and fumes from poor waste storage and ventilation systems
• ozone (an air pollutant which can be harmful to human health) from office equipment such as copiers and laser printers
• exhaust fumes and dust from distribution and delivery vehicles

Effects of air pollution on the environment and human health

Air pollution impacts seriously on the environment in a number of ways. Emissions of greenhouse gases contribute to climate change and ozone-depleting substances cause damage to the ozone layer. This type of pollution also increases the acidity of rain, which causes damage to buildings, land, fresh water and sea water, wildlife and plants.

There are many associated risks to human health from air pollution. Those who are exposed to poor air quality can face an increased risk of developing or exacerbating a range of illnesses including lung and breathing problems, skin conditions, cancer and organ damage.

Ensuring good air quality can benefit your business. You can reduce the risk of health problems among your staff and visitors, which may help avoid staff sickness and compensation claims.

Complying with air quality legislation will also help you avoid the risks of penalties and prosecution.

However, there are a number of other benefits, aside from reducing legal and financial risks. Good environmental practice can also help to save money for your business.

Cost savings from reducing air pollution from your business typically include:

• lower insurance premiums through carrying out risk assessments
• less risk of machinery being clogged or damaged by dust
• reduced risk of compensation claims from employees and members of the public

Your reputation could benefit too. Lower levels of pollution will improve your standing with employees and customers, and relationships with the local community. As environmental awareness grows, clients and potential clients may be more attracted to your business than to your competitors.

The best way to prevent air pollution from your business is to avoid producing it in the first place. Check and monitor your emissions and review your business processes to see if you can cut down on air pollution. Ensure you are complying with environmental law and with all necessary permissions. Then take steps to control any remaining emissions.

How to check your business for air pollution

Buy monitoring instruments that check levels of gas and fumes - you could use an environmental consultant to do this.

Include air pollution as part of your regular risk assessments.

How to control air pollution from your business

There are several simple ways to control air pollution from your business:

• Ensure staff are informed about the dangers of dust and fumes.
• Clean machinery and premises regularly and thoroughly.
• Seal vessels that contain solvents and other hazardous substances.
• Ensure there are enough open windows and doors on the premises. However, make sure you consider the effects of air pollution on the wider environment.
• Install a ventilation system.
• Consider investing in lower emissions equipment.

How to comply with air pollution legislation

If you have a pollution prevention and control permit, waste management licence or a waste exemption, you must comply with all of its conditions.

Several pieces of environmental legislation that control air pollution may apply to your business. This will depend on the type of activities your business carries out and where it is located.

• If you use a boiler or furnace, you should check what legal requirements you need to comply with.
• If you burn waste, you must have the correct permit, licence or registered waste exemption.
• If you use hazardous substances such as solvents or you carry out certain industrial, intensive agricultural or waste activities that are likely to cause air pollution you may require a pollution prevention and control permit. This permit will contain conditions that control your emissions to air.
• If you use ozone-depleting substances or fluorinated greenhouse gases such as solvents, refrigerants and foam blowing agents you must be qualified to use them, handle them appropriately and comply with any phase-out dates that apply.
• Emissions from your business must not cause a nuisance to your neighbours. Your district council or the Northern Ireland Environment Agency (NIEA) can also impose additional requirements that you may need to comply with.
• If you carry out activities covered by the United Kingdom Emissions Trading System (UK ETS) you must hold a greenhouse gas emissions permit. The main activities include energy activities, combustion installations, iron and steel businesses, mineral oil refineries, the mineral industry, and pulp and paper businesses.

If you are unsure if air pollution legislation applies to your business, you should contact your local council or NIEA.

You must also prevent air quality from damaging the health of staff and visitors.

You must not cause or allow a chimney or bonfire on your site to emit dark smoke. There are some exemptions from this requirement, but only if your installation won't cause emissions that could damage health or cause a nuisance.

What is dark smoke?

The darker the smoke, the more polluting it tends to be. Smoke darker than a specified shade of grey is officially classified as 'dark smoke'.

A Ringelmann chart is used to define dark smoke. The chart has five shades of grey with 0 being clear and 5 being black. Smoke is considered 'dark' if it has a shade of 2 or darker. Buy the Ringelmann chart in British Standard BS 2742C.

What you must do to prevent dark smoke emissions

You must prevent the emission of dark smoke from:

• chimneys serving furnaces, fixed boilers or industrial plants, whether they are attached to buildings or not
• any industrial or trade premises

Industrial or trade premises include:

• the site where you are working, such as a building or demolition site
• any site that you own or lease
• land used for commercial agriculture or horticulture

Your local council does not need to see the emissions of dark smoke to take action against you. Evidence of burnt materials that could cause dark smoke, such as steel reinforcement from tyres, or plastic residues is sufficient. Be aware that you cannot use a defence of lack of visual evidence, if you burn materials at night for example.

Permits and exemptions for burning waste

If you burn waste in an appliance, such as a furnace or boiler, you will usually require a pollution prevention and control permit, waste management licence or a waste exemption.

You must not burn waste in the open, such as on a bonfire, unless you have a waste management licence or a registered waste exemption that covers this activity.

If you have a permit, licence or waste exemption you must comply with all of its conditions.

Energy can be generated on site using gas, oil or by-products and waste as fuel. If you produce energy or steam on your site and you have a generator, furnace or boiler with a rated thermal input above the threshold levels, you need a permit from the Northern Ireland Environment Agency (NIEA) or your local council.

You need a Part A pollution prevention and control (PPC) permit for appliances with a rated thermal input of 50 megawatts (MW) or more burning fuels (including those that have passed the NIEA's end-of-waste test).

You need a Part C PPC permit for appliances with a rated thermal input of 20 to 50MW burning fuels (including those that have passed the NIEA's end-of-waste test).

Part A is regulated by the NIEA and Part C by your local council.

Permits for burning waste

Most waste burning activities are covered by the Industrial Emissions Directive (IED). If you burn solid or liquid waste in your furnace or boiler you will usually require a IED-compliant Part A PPC permit.

Permit conditions

If you have a permit it will have conditions that control emissions from your boiler or furnace. You must comply with all of the conditions in your permit. Your permit may contain conditions for levels of noise, vibration, odour, dust and smoke emissions.

Approval to install furnaces

Your local council must approve your plans and specifications before you can use a new furnace (except a domestic furnace) in a building, fixed boiler or industrial plant, or if you make changes to an existing furnace.

Talk to your local council about grit and dust arrestment if you do not have a PPC permit and your furnace is going to be used to burn:

• pulverised fuel
• any other solid matter at a rate of 45.4 kilograms or more an hour
• liquid or gaseous matter at a rate equivalent to 366.4 kilowatts or more

If you install a new furnace, it must be able to operate continuously without emitting smoke when burning the type of fuel it has been designed to use. Planning permission or a building warrant from your local council is not sufficient for you to construct a chimney or plant.

Smoke Control Area restrictions

If you are in a Smoke Control Area, the emission of any smoke at any time from a chimney is an offence, with only a few exceptions: you can only use authorised fuels or exempted furnaces or boilers - find out whether you are in a Smoke Control Area.

Sulphur content of fuel limits

You must not use gas oils with a sulphur content higher than 0.1 per cent by weight.

You must not use heavy fuel oils with a sulphur content higher than one per cent by weight.

Chimney and emission requirements

You must meet any chimney and emission requirements that your local council applies to your furnace or boiler.

A boiler or furnace burning fuel normally releases smoke through a chimney. Smoke darker than a specified shade of grey is officially classified as 'dark smoke'.

You must not cause or allow emissions of dark smoke from your chimney.

Authorisations for boilers and furnaces

You must make sure that you comply with any emission limits required by permits or authorisations.

Chimney height requirements

Your chimney must be high enough to prevent smoke, grit, dust, gases and fume emissions from damaging health or causing a nuisance. Your local council can refuse approval for a chimney that is not a sufficient height.

You must obtain approval from your local council for a chimney by satisfying them that your chimney will be tall enough to prevent its emissions becoming a nuisance.

Your application must contain details of:

• the purpose of the chimney
• the position and type of local buildings
• local ground levels
• any other issues that must be taken into account

Your local council may apply certain conditions to their approval such as the rate and quality of emissions from your chimney.

A chimney may be exempt if it is used as part of:

• a temporary replacement, for example if the boiler or furnace is being repaired
• a temporary source of heat or power for building works
• an auxiliary plant to bring the main plant up to operating temperatures
• a mobile source of heat or power for agricultural purposes

If your use of the chimney changes you must re-apply for approval for the new emissions.

You are committing an offence if you use the chimney without approval from your district council.

Boiler emission requirements

You must fit all boilers with grit and dust arrestment equipment. You can apply to your local council for an exemption, but this will only be granted if the boiler will not create emissions that could damage health or cause a nuisance. For further information you should contact your local council.

Smoke, grit and dust emission limits

Your local council can apply limits on emissions of smoke, grit and dust you produce. If you exceed these limits you may be committing an offence and could be prosecuted. Your local council is likely to set limits for sites with a history of complaints, or sites that use fuel or procedures they were not designed to use.

You should use the best practical means to minimise emissions, for example:

• fit grit and dust arrestment filters
• inspect boilers, furnaces and filter equipment regularly for correct operation
• install filter performance monitors

See checking and controlling air pollution.

Good practice to limit emissions

Inspect your emissions regularly so you can detect problems early. Plan and carry out maintenance to ensure that your furnace and boiler meets air emission standards and operates efficiently.

Use cleaner fuels, such as gas, to limit the environmental impact of your furnace and boiler.

Any emissions you cause that affect your neighbours' use and enjoyment of their premises could be a nuisance. For example, if your business is in a residential area and your processes emit dust and fumes, your neighbours have the right to complain. Statutory nuisances from air pollution include:

• dust
• fumes
• odour
• smoke
• gases

If you cause but fail to deal with a nuisance problem you could face legal action and/or a fine. Your local council or the Northern Ireland Environment Agency (NIEA) could restrict or stop your business activities.

The best way to avoid legal action is to not create a nuisance in the first place. You can achieve this by maintaining equipment properly, monitoring your emissions so you can detect potential problems as soon as possible and keeping your neighbours informed of changes.

Local council air pollution controls

Local councils monitor air quality. If air quality fails to meet the required standards, they must declare an Air Quality Management Area (AQMA) and set out a plan for making improvements.

If your business is in an AQMA, you could be affected by:

• the introduction of road charging
• parking restraints
• increased restrictions on waiting and loading times
• taxes to encourage moving freight by rail rather than road
• the review of planning applications by a pollution control team

Find out whether you are in an Air Quality Management Area.

Your local council can also declare a Smoke Control Area, which means that you can use only authorised fuels or exempted furnaces or boilers. In such areas, the emission of any smoke at any time from a chimney is an offence, with only a few exceptions. You could be fined up to £1,000 for each offence.

If you are a contractor and work at different locations you should check with the local council in each of these locations about their Smoke Control Areas - find out whether you are in a Smoke Control Area.

There are two main types of air pollution:

• fumes - which can include vapours, gases, smoke and odours
• dust - dry particles

These can be produced in a number of different ways. Manufacturing processes, particularly those that use chemicals and machinery, can cause air pollution. Less obviously 'dirty' processes, such as cleaning and packaging goods, can also produce harmful emissions.

Businesses particularly at risk of causing air pollution

Most types of business can cause some form of air pollution if they are not run properly. Some businesses are particularly at risk of creating air pollution, including:

• manufacturers
• farmers
• construction, building and demolition trades
• vehicle repairers
• welders
• mines and quarries
• printers
• hauliers and other transport businesses
• waste management businesses
• dry cleaners
• laboratories

Sources of air pollution from business premises include:

• emissions from burning fuels in furnaces and boilers
• burning material in the open
• dust and fumes from poor waste storage and ventilation systems
• ozone (an air pollutant which can be harmful to human health) from office equipment such as copiers and laser printers
• exhaust fumes and dust from distribution and delivery vehicles

Effects of air pollution on the environment and human health

Air pollution impacts seriously on the environment in a number of ways. Emissions of greenhouse gases contribute to climate change and ozone-depleting substances cause damage to the ozone layer. This type of pollution also increases the acidity of rain, which causes damage to buildings, land, fresh water and sea water, wildlife and plants.

There are many associated risks to human health from air pollution. Those who are exposed to poor air quality can face an increased risk of developing or exacerbating a range of illnesses including lung and breathing problems, skin conditions, cancer and organ damage.

Ensuring good air quality can benefit your business. You can reduce the risk of health problems among your staff and visitors, which may help avoid staff sickness and compensation claims.

Complying with air quality legislation will also help you avoid the risks of penalties and prosecution.

However, there are a number of other benefits, aside from reducing legal and financial risks. Good environmental practice can also help to save money for your business.

Cost savings from reducing air pollution from your business typically include:

• lower insurance premiums through carrying out risk assessments
• less risk of machinery being clogged or damaged by dust
• reduced risk of compensation claims from employees and members of the public

Your reputation could benefit too. Lower levels of pollution will improve your standing with employees and customers, and relationships with the local community. As environmental awareness grows, clients and potential clients may be more attracted to your business than to your competitors.

The best way to prevent air pollution from your business is to avoid producing it in the first place. Check and monitor your emissions and review your business processes to see if you can cut down on air pollution. Ensure you are complying with environmental law and with all necessary permissions. Then take steps to control any remaining emissions.

How to check your business for air pollution

Buy monitoring instruments that check levels of gas and fumes - you could use an environmental consultant to do this.

Include air pollution as part of your regular risk assessments.

How to control air pollution from your business

There are several simple ways to control air pollution from your business:

• Ensure staff are informed about the dangers of dust and fumes.
• Clean machinery and premises regularly and thoroughly.
• Seal vessels that contain solvents and other hazardous substances.
• Ensure there are enough open windows and doors on the premises. However, make sure you consider the effects of air pollution on the wider environment.
• Install a ventilation system.
• Consider investing in lower emissions equipment.

How to comply with air pollution legislation

If you have a pollution prevention and control permit, waste management licence or a waste exemption, you must comply with all of its conditions.

Several pieces of environmental legislation that control air pollution may apply to your business. This will depend on the type of activities your business carries out and where it is located.

• If you use a boiler or furnace, you should check what legal requirements you need to comply with.
• If you burn waste, you must have the correct permit, licence or registered waste exemption.
• If you use hazardous substances such as solvents or you carry out certain industrial, intensive agricultural or waste activities that are likely to cause air pollution you may require a pollution prevention and control permit. This permit will contain conditions that control your emissions to air.
• If you use ozone-depleting substances or fluorinated greenhouse gases such as solvents, refrigerants and foam blowing agents you must be qualified to use them, handle them appropriately and comply with any phase-out dates that apply.
• Emissions from your business must not cause a nuisance to your neighbours. Your district council or the Northern Ireland Environment Agency (NIEA) can also impose additional requirements that you may need to comply with.
• If you carry out activities covered by the United Kingdom Emissions Trading System (UK ETS) you must hold a greenhouse gas emissions permit. The main activities include energy activities, combustion installations, iron and steel businesses, mineral oil refineries, the mineral industry, and pulp and paper businesses.

If you are unsure if air pollution legislation applies to your business, you should contact your local council or NIEA.

You must also prevent air quality from damaging the health of staff and visitors.

You must not cause or allow a chimney or bonfire on your site to emit dark smoke. There are some exemptions from this requirement, but only if your installation won't cause emissions that could damage health or cause a nuisance.

What is dark smoke?

The darker the smoke, the more polluting it tends to be. Smoke darker than a specified shade of grey is officially classified as 'dark smoke'.

A Ringelmann chart is used to define dark smoke. The chart has five shades of grey with 0 being clear and 5 being black. Smoke is considered 'dark' if it has a shade of 2 or darker. Buy the Ringelmann chart in British Standard BS 2742C.

What you must do to prevent dark smoke emissions

You must prevent the emission of dark smoke from:

• chimneys serving furnaces, fixed boilers or industrial plants, whether they are attached to buildings or not
• any industrial or trade premises

Industrial or trade premises include:

• the site where you are working, such as a building or demolition site
• any site that you own or lease
• land used for commercial agriculture or horticulture

Your local council does not need to see the emissions of dark smoke to take action against you. Evidence of burnt materials that could cause dark smoke, such as steel reinforcement from tyres, or plastic residues is sufficient. Be aware that you cannot use a defence of lack of visual evidence, if you burn materials at night for example.

Permits and exemptions for burning waste

If you burn waste in an appliance, such as a furnace or boiler, you will usually require a pollution prevention and control permit, waste management licence or a waste exemption.

You must not burn waste in the open, such as on a bonfire, unless you have a waste management licence or a registered waste exemption that covers this activity.

If you have a permit, licence or waste exemption you must comply with all of its conditions.

Energy can be generated on site using gas, oil or by-products and waste as fuel. If you produce energy or steam on your site and you have a generator, furnace or boiler with a rated thermal input above the threshold levels, you need a permit from the Northern Ireland Environment Agency (NIEA) or your local council.

You need a Part A pollution prevention and control (PPC) permit for appliances with a rated thermal input of 50 megawatts (MW) or more burning fuels (including those that have passed the NIEA's end-of-waste test).

You need a Part C PPC permit for appliances with a rated thermal input of 20 to 50MW burning fuels (including those that have passed the NIEA's end-of-waste test).

Part A is regulated by the NIEA and Part C by your local council.

Permits for burning waste

Most waste burning activities are covered by the Industrial Emissions Directive (IED). If you burn solid or liquid waste in your furnace or boiler you will usually require a IED-compliant Part A PPC permit.

Permit conditions

If you have a permit it will have conditions that control emissions from your boiler or furnace. You must comply with all of the conditions in your permit. Your permit may contain conditions for levels of noise, vibration, odour, dust and smoke emissions.

Approval to install furnaces

Your local council must approve your plans and specifications before you can use a new furnace (except a domestic furnace) in a building, fixed boiler or industrial plant, or if you make changes to an existing furnace.

Talk to your local council about grit and dust arrestment if you do not have a PPC permit and your furnace is going to be used to burn:

• pulverised fuel
• any other solid matter at a rate of 45.4 kilograms or more an hour
• liquid or gaseous matter at a rate equivalent to 366.4 kilowatts or more

If you install a new furnace, it must be able to operate continuously without emitting smoke when burning the type of fuel it has been designed to use. Planning permission or a building warrant from your local council is not sufficient for you to construct a chimney or plant.

Smoke Control Area restrictions

If you are in a Smoke Control Area, the emission of any smoke at any time from a chimney is an offence, with only a few exceptions: you can only use authorised fuels or exempted furnaces or boilers - find out whether you are in a Smoke Control Area.

Sulphur content of fuel limits

You must not use gas oils with a sulphur content higher than 0.1 per cent by weight.

You must not use heavy fuel oils with a sulphur content higher than one per cent by weight.

Chimney and emission requirements

You must meet any chimney and emission requirements that your local council applies to your furnace or boiler.

A boiler or furnace burning fuel normally releases smoke through a chimney. Smoke darker than a specified shade of grey is officially classified as 'dark smoke'.

You must not cause or allow emissions of dark smoke from your chimney.

Authorisations for boilers and furnaces

You must make sure that you comply with any emission limits required by permits or authorisations.

Chimney height requirements

Your chimney must be high enough to prevent smoke, grit, dust, gases and fume emissions from damaging health or causing a nuisance. Your local council can refuse approval for a chimney that is not a sufficient height.

You must obtain approval from your local council for a chimney by satisfying them that your chimney will be tall enough to prevent its emissions becoming a nuisance.

Your application must contain details of:

• the purpose of the chimney
• the position and type of local buildings
• local ground levels
• any other issues that must be taken into account

Your local council may apply certain conditions to their approval such as the rate and quality of emissions from your chimney.

A chimney may be exempt if it is used as part of:

• a temporary replacement, for example if the boiler or furnace is being repaired
• a temporary source of heat or power for building works
• an auxiliary plant to bring the main plant up to operating temperatures
• a mobile source of heat or power for agricultural purposes

If your use of the chimney changes you must re-apply for approval for the new emissions.

You are committing an offence if you use the chimney without approval from your district council.

Boiler emission requirements

You must fit all boilers with grit and dust arrestment equipment. You can apply to your local council for an exemption, but this will only be granted if the boiler will not create emissions that could damage health or cause a nuisance. For further information you should contact your local council.

Smoke, grit and dust emission limits

Your local council can apply limits on emissions of smoke, grit and dust you produce. If you exceed these limits you may be committing an offence and could be prosecuted. Your local council is likely to set limits for sites with a history of complaints, or sites that use fuel or procedures they were not designed to use.

You should use the best practical means to minimise emissions, for example:

• fit grit and dust arrestment filters
• inspect boilers, furnaces and filter equipment regularly for correct operation
• install filter performance monitors

See checking and controlling air pollution.

Good practice to limit emissions

Inspect your emissions regularly so you can detect problems early. Plan and carry out maintenance to ensure that your furnace and boiler meets air emission standards and operates efficiently.

Use cleaner fuels, such as gas, to limit the environmental impact of your furnace and boiler.

Any emissions you cause that affect your neighbours' use and enjoyment of their premises could be a nuisance. For example, if your business is in a residential area and your processes emit dust and fumes, your neighbours have the right to complain. Statutory nuisances from air pollution include:

• dust
• fumes
• odour
• smoke
• gases

If you cause but fail to deal with a nuisance problem you could face legal action and/or a fine. Your local council or the Northern Ireland Environment Agency (NIEA) could restrict or stop your business activities.

The best way to avoid legal action is to not create a nuisance in the first place. You can achieve this by maintaining equipment properly, monitoring your emissions so you can detect potential problems as soon as possible and keeping your neighbours informed of changes.

Local council air pollution controls

Local councils monitor air quality. If air quality fails to meet the required standards, they must declare an Air Quality Management Area (AQMA) and set out a plan for making improvements.

If your business is in an AQMA, you could be affected by:

• the introduction of road charging
• parking restraints
• increased restrictions on waiting and loading times
• taxes to encourage moving freight by rail rather than road
• the review of planning applications by a pollution control team

Find out whether you are in an Air Quality Management Area.

Your local council can also declare a Smoke Control Area, which means that you can use only authorised fuels or exempted furnaces or boilers. In such areas, the emission of any smoke at any time from a chimney is an offence, with only a few exceptions. You could be fined up to £1,000 for each offence.

If you are a contractor and work at different locations you should check with the local council in each of these locations about their Smoke Control Areas - find out whether you are in a Smoke Control Area.

There are two main types of air pollution:

• fumes - which can include vapours, gases, smoke and odours
• dust - dry particles

These can be produced in a number of different ways. Manufacturing processes, particularly those that use chemicals and machinery, can cause air pollution. Less obviously 'dirty' processes, such as cleaning and packaging goods, can also produce harmful emissions.

Businesses particularly at risk of causing air pollution

Most types of business can cause some form of air pollution if they are not run properly. Some businesses are particularly at risk of creating air pollution, including:

• manufacturers
• farmers
• construction, building and demolition trades
• vehicle repairers
• welders
• mines and quarries
• printers
• hauliers and other transport businesses
• waste management businesses
• dry cleaners
• laboratories

Sources of air pollution from business premises include:

• emissions from burning fuels in furnaces and boilers
• burning material in the open
• dust and fumes from poor waste storage and ventilation systems
• ozone (an air pollutant which can be harmful to human health) from office equipment such as copiers and laser printers
• exhaust fumes and dust from distribution and delivery vehicles

Effects of air pollution on the environment and human health

Air pollution impacts seriously on the environment in a number of ways. Emissions of greenhouse gases contribute to climate change and ozone-depleting substances cause damage to the ozone layer. This type of pollution also increases the acidity of rain, which causes damage to buildings, land, fresh water and sea water, wildlife and plants.

There are many associated risks to human health from air pollution. Those who are exposed to poor air quality can face an increased risk of developing or exacerbating a range of illnesses including lung and breathing problems, skin conditions, cancer and organ damage.

Ensuring good air quality can benefit your business. You can reduce the risk of health problems among your staff and visitors, which may help avoid staff sickness and compensation claims.

Complying with air quality legislation will also help you avoid the risks of penalties and prosecution.

However, there are a number of other benefits, aside from reducing legal and financial risks. Good environmental practice can also help to save money for your business.

Cost savings from reducing air pollution from your business typically include:

• lower insurance premiums through carrying out risk assessments
• less risk of machinery being clogged or damaged by dust
• reduced risk of compensation claims from employees and members of the public

Your reputation could benefit too. Lower levels of pollution will improve your standing with employees and customers, and relationships with the local community. As environmental awareness grows, clients and potential clients may be more attracted to your business than to your competitors.

The best way to prevent air pollution from your business is to avoid producing it in the first place. Check and monitor your emissions and review your business processes to see if you can cut down on air pollution. Ensure you are complying with environmental law and with all necessary permissions. Then take steps to control any remaining emissions.

How to check your business for air pollution

Buy monitoring instruments that check levels of gas and fumes - you could use an environmental consultant to do this.

Include air pollution as part of your regular risk assessments.

How to control air pollution from your business

There are several simple ways to control air pollution from your business:

• Ensure staff are informed about the dangers of dust and fumes.
• Clean machinery and premises regularly and thoroughly.
• Seal vessels that contain solvents and other hazardous substances.
• Ensure there are enough open windows and doors on the premises. However, make sure you consider the effects of air pollution on the wider environment.
• Install a ventilation system.
• Consider investing in lower emissions equipment.

How to comply with air pollution legislation

If you have a pollution prevention and control permit, waste management licence or a waste exemption, you must comply with all of its conditions.

Several pieces of environmental legislation that control air pollution may apply to your business. This will depend on the type of activities your business carries out and where it is located.

• If you use a boiler or furnace, you should check what legal requirements you need to comply with.
• If you burn waste, you must have the correct permit, licence or registered waste exemption.
• If you use hazardous substances such as solvents or you carry out certain industrial, intensive agricultural or waste activities that are likely to cause air pollution you may require a pollution prevention and control permit. This permit will contain conditions that control your emissions to air.
• If you use ozone-depleting substances or fluorinated greenhouse gases such as solvents, refrigerants and foam blowing agents you must be qualified to use them, handle them appropriately and comply with any phase-out dates that apply.
• Emissions from your business must not cause a nuisance to your neighbours. Your district council or the Northern Ireland Environment Agency (NIEA) can also impose additional requirements that you may need to comply with.
• If you carry out activities covered by the United Kingdom Emissions Trading System (UK ETS) you must hold a greenhouse gas emissions permit. The main activities include energy activities, combustion installations, iron and steel businesses, mineral oil refineries, the mineral industry, and pulp and paper businesses.

If you are unsure if air pollution legislation applies to your business, you should contact your local council or NIEA.

You must also prevent air quality from damaging the health of staff and visitors.

You must not cause or allow a chimney or bonfire on your site to emit dark smoke. There are some exemptions from this requirement, but only if your installation won't cause emissions that could damage health or cause a nuisance.

What is dark smoke?

The darker the smoke, the more polluting it tends to be. Smoke darker than a specified shade of grey is officially classified as 'dark smoke'.

A Ringelmann chart is used to define dark smoke. The chart has five shades of grey with 0 being clear and 5 being black. Smoke is considered 'dark' if it has a shade of 2 or darker. Buy the Ringelmann chart in British Standard BS 2742C.

What you must do to prevent dark smoke emissions

You must prevent the emission of dark smoke from:

• chimneys serving furnaces, fixed boilers or industrial plants, whether they are attached to buildings or not
• any industrial or trade premises

Industrial or trade premises include:

• the site where you are working, such as a building or demolition site
• any site that you own or lease
• land used for commercial agriculture or horticulture

Your local council does not need to see the emissions of dark smoke to take action against you. Evidence of burnt materials that could cause dark smoke, such as steel reinforcement from tyres, or plastic residues is sufficient. Be aware that you cannot use a defence of lack of visual evidence, if you burn materials at night for example.

Permits and exemptions for burning waste

If you burn waste in an appliance, such as a furnace or boiler, you will usually require a pollution prevention and control permit, waste management licence or a waste exemption.

You must not burn waste in the open, such as on a bonfire, unless you have a waste management licence or a registered waste exemption that covers this activity.

If you have a permit, licence or waste exemption you must comply with all of its conditions.

Energy can be generated on site using gas, oil or by-products and waste as fuel. If you produce energy or steam on your site and you have a generator, furnace or boiler with a rated thermal input above the threshold levels, you need a permit from the Northern Ireland Environment Agency (NIEA) or your local council.

You need a Part A pollution prevention and control (PPC) permit for appliances with a rated thermal input of 50 megawatts (MW) or more burning fuels (including those that have passed the NIEA's end-of-waste test).

You need a Part C PPC permit for appliances with a rated thermal input of 20 to 50MW burning fuels (including those that have passed the NIEA's end-of-waste test).

Part A is regulated by the NIEA and Part C by your local council.

Permits for burning waste

Most waste burning activities are covered by the Industrial Emissions Directive (IED). If you burn solid or liquid waste in your furnace or boiler you will usually require a IED-compliant Part A PPC permit.

Permit conditions

If you have a permit it will have conditions that control emissions from your boiler or furnace. You must comply with all of the conditions in your permit. Your permit may contain conditions for levels of noise, vibration, odour, dust and smoke emissions.

Approval to install furnaces

Your local council must approve your plans and specifications before you can use a new furnace (except a domestic furnace) in a building, fixed boiler or industrial plant, or if you make changes to an existing furnace.

Talk to your local council about grit and dust arrestment if you do not have a PPC permit and your furnace is going to be used to burn:

• pulverised fuel
• any other solid matter at a rate of 45.4 kilograms or more an hour
• liquid or gaseous matter at a rate equivalent to 366.4 kilowatts or more

If you install a new furnace, it must be able to operate continuously without emitting smoke when burning the type of fuel it has been designed to use. Planning permission or a building warrant from your local council is not sufficient for you to construct a chimney or plant.

Smoke Control Area restrictions

If you are in a Smoke Control Area, the emission of any smoke at any time from a chimney is an offence, with only a few exceptions: you can only use authorised fuels or exempted furnaces or boilers - find out whether you are in a Smoke Control Area.

Sulphur content of fuel limits

You must not use gas oils with a sulphur content higher than 0.1 per cent by weight.

You must not use heavy fuel oils with a sulphur content higher than one per cent by weight.

Chimney and emission requirements

You must meet any chimney and emission requirements that your local council applies to your furnace or boiler.

A boiler or furnace burning fuel normally releases smoke through a chimney. Smoke darker than a specified shade of grey is officially classified as 'dark smoke'.

You must not cause or allow emissions of dark smoke from your chimney.

Authorisations for boilers and furnaces

You must make sure that you comply with any emission limits required by permits or authorisations.

Chimney height requirements

Your chimney must be high enough to prevent smoke, grit, dust, gases and fume emissions from damaging health or causing a nuisance. Your local council can refuse approval for a chimney that is not a sufficient height.

You must obtain approval from your local council for a chimney by satisfying them that your chimney will be tall enough to prevent its emissions becoming a nuisance.

Your application must contain details of:

• the purpose of the chimney
• the position and type of local buildings
• local ground levels
• any other issues that must be taken into account

Your local council may apply certain conditions to their approval such as the rate and quality of emissions from your chimney.

A chimney may be exempt if it is used as part of:

• a temporary replacement, for example if the boiler or furnace is being repaired
• a temporary source of heat or power for building works
• an auxiliary plant to bring the main plant up to operating temperatures
• a mobile source of heat or power for agricultural purposes

If your use of the chimney changes you must re-apply for approval for the new emissions.

You are committing an offence if you use the chimney without approval from your district council.

Boiler emission requirements

You must fit all boilers with grit and dust arrestment equipment. You can apply to your local council for an exemption, but this will only be granted if the boiler will not create emissions that could damage health or cause a nuisance. For further information you should contact your local council.

Smoke, grit and dust emission limits

Your local council can apply limits on emissions of smoke, grit and dust you produce. If you exceed these limits you may be committing an offence and could be prosecuted. Your local council is likely to set limits for sites with a history of complaints, or sites that use fuel or procedures they were not designed to use.

You should use the best practical means to minimise emissions, for example:

• fit grit and dust arrestment filters
• inspect boilers, furnaces and filter equipment regularly for correct operation
• install filter performance monitors

See checking and controlling air pollution.

Good practice to limit emissions

Inspect your emissions regularly so you can detect problems early. Plan and carry out maintenance to ensure that your furnace and boiler meets air emission standards and operates efficiently.

Use cleaner fuels, such as gas, to limit the environmental impact of your furnace and boiler.

Any emissions you cause that affect your neighbours' use and enjoyment of their premises could be a nuisance. For example, if your business is in a residential area and your processes emit dust and fumes, your neighbours have the right to complain. Statutory nuisances from air pollution include:

• dust
• fumes
• odour
• smoke
• gases

If you cause but fail to deal with a nuisance problem you could face legal action and/or a fine. Your local council or the Northern Ireland Environment Agency (NIEA) could restrict or stop your business activities.

The best way to avoid legal action is to not create a nuisance in the first place. You can achieve this by maintaining equipment properly, monitoring your emissions so you can detect potential problems as soon as possible and keeping your neighbours informed of changes.

Local council air pollution controls

Local councils monitor air quality. If air quality fails to meet the required standards, they must declare an Air Quality Management Area (AQMA) and set out a plan for making improvements.

If your business is in an AQMA, you could be affected by:

• the introduction of road charging
• parking restraints
• increased restrictions on waiting and loading times
• taxes to encourage moving freight by rail rather than road
• the review of planning applications by a pollution control team

Find out whether you are in an Air Quality Management Area.

Your local council can also declare a Smoke Control Area, which means that you can use only authorised fuels or exempted furnaces or boilers. In such areas, the emission of any smoke at any time from a chimney is an offence, with only a few exceptions. You could be fined up to £1,000 for each offence.

If you are a contractor and work at different locations you should check with the local council in each of these locations about their Smoke Control Areas - find out whether you are in a Smoke Control Area.

There are two main types of air pollution:

• fumes - which can include vapours, gases, smoke and odours
• dust - dry particles

These can be produced in a number of different ways. Manufacturing processes, particularly those that use chemicals and machinery, can cause air pollution. Less obviously 'dirty' processes, such as cleaning and packaging goods, can also produce harmful emissions.

Businesses particularly at risk of causing air pollution

Most types of business can cause some form of air pollution if they are not run properly. Some businesses are particularly at risk of creating air pollution, including:

• manufacturers
• farmers
• construction, building and demolition trades
• vehicle repairers
• welders
• mines and quarries
• printers
• hauliers and other transport businesses
• waste management businesses
• dry cleaners
• laboratories

Sources of air pollution from business premises include:

• emissions from burning fuels in furnaces and boilers
• burning material in the open
• dust and fumes from poor waste storage and ventilation systems
• ozone (an air pollutant which can be harmful to human health) from office equipment such as copiers and laser printers
• exhaust fumes and dust from distribution and delivery vehicles

Effects of air pollution on the environment and human health

Air pollution impacts seriously on the environment in a number of ways. Emissions of greenhouse gases contribute to climate change and ozone-depleting substances cause damage to the ozone layer. This type of pollution also increases the acidity of rain, which causes damage to buildings, land, fresh water and sea water, wildlife and plants.

There are many associated risks to human health from air pollution. Those who are exposed to poor air quality can face an increased risk of developing or exacerbating a range of illnesses including lung and breathing problems, skin conditions, cancer and organ damage.

Ensuring good air quality can benefit your business. You can reduce the risk of health problems among your staff and visitors, which may help avoid staff sickness and compensation claims.

Complying with air quality legislation will also help you avoid the risks of penalties and prosecution.

However, there are a number of other benefits, aside from reducing legal and financial risks. Good environmental practice can also help to save money for your business.

Cost savings from reducing air pollution from your business typically include:

• lower insurance premiums through carrying out risk assessments
• less risk of machinery being clogged or damaged by dust
• reduced risk of compensation claims from employees and members of the public

Your reputation could benefit too. Lower levels of pollution will improve your standing with employees and customers, and relationships with the local community. As environmental awareness grows, clients and potential clients may be more attracted to your business than to your competitors.

The best way to prevent air pollution from your business is to avoid producing it in the first place. Check and monitor your emissions and review your business processes to see if you can cut down on air pollution. Ensure you are complying with environmental law and with all necessary permissions. Then take steps to control any remaining emissions.

How to check your business for air pollution

Buy monitoring instruments that check levels of gas and fumes - you could use an environmental consultant to do this.

Include air pollution as part of your regular risk assessments.

How to control air pollution from your business

There are several simple ways to control air pollution from your business:

• Ensure staff are informed about the dangers of dust and fumes.
• Clean machinery and premises regularly and thoroughly.
• Seal vessels that contain solvents and other hazardous substances.
• Ensure there are enough open windows and doors on the premises. However, make sure you consider the effects of air pollution on the wider environment.
• Install a ventilation system.
• Consider investing in lower emissions equipment.

How to comply with air pollution legislation

If you have a pollution prevention and control permit, waste management licence or a waste exemption, you must comply with all of its conditions.

Several pieces of environmental legislation that control air pollution may apply to your business. This will depend on the type of activities your business carries out and where it is located.

• If you use a boiler or furnace, you should check what legal requirements you need to comply with.
• If you burn waste, you must have the correct permit, licence or registered waste exemption.
• If you use hazardous substances such as solvents or you carry out certain industrial, intensive agricultural or waste activities that are likely to cause air pollution you may require a pollution prevention and control permit. This permit will contain conditions that control your emissions to air.
• If you use ozone-depleting substances or fluorinated greenhouse gases such as solvents, refrigerants and foam blowing agents you must be qualified to use them, handle them appropriately and comply with any phase-out dates that apply.
• Emissions from your business must not cause a nuisance to your neighbours. Your district council or the Northern Ireland Environment Agency (NIEA) can also impose additional requirements that you may need to comply with.
• If you carry out activities covered by the United Kingdom Emissions Trading System (UK ETS) you must hold a greenhouse gas emissions permit. The main activities include energy activities, combustion installations, iron and steel businesses, mineral oil refineries, the mineral industry, and pulp and paper businesses.

If you are unsure if air pollution legislation applies to your business, you should contact your local council or NIEA.

You must also prevent air quality from damaging the health of staff and visitors.

You must not cause or allow a chimney or bonfire on your site to emit dark smoke. There are some exemptions from this requirement, but only if your installation won't cause emissions that could damage health or cause a nuisance.

What is dark smoke?

The darker the smoke, the more polluting it tends to be. Smoke darker than a specified shade of grey is officially classified as 'dark smoke'.

A Ringelmann chart is used to define dark smoke. The chart has five shades of grey with 0 being clear and 5 being black. Smoke is considered 'dark' if it has a shade of 2 or darker. Buy the Ringelmann chart in British Standard BS 2742C.

What you must do to prevent dark smoke emissions

You must prevent the emission of dark smoke from:

• chimneys serving furnaces, fixed boilers or industrial plants, whether they are attached to buildings or not
• any industrial or trade premises

Industrial or trade premises include:

• the site where you are working, such as a building or demolition site
• any site that you own or lease
• land used for commercial agriculture or horticulture

Your local council does not need to see the emissions of dark smoke to take action against you. Evidence of burnt materials that could cause dark smoke, such as steel reinforcement from tyres, or plastic residues is sufficient. Be aware that you cannot use a defence of lack of visual evidence, if you burn materials at night for example.

Permits and exemptions for burning waste

If you burn waste in an appliance, such as a furnace or boiler, you will usually require a pollution prevention and control permit, waste management licence or a waste exemption.

You must not burn waste in the open, such as on a bonfire, unless you have a waste management licence or a registered waste exemption that covers this activity.

If you have a permit, licence or waste exemption you must comply with all of its conditions.

Energy can be generated on site using gas, oil or by-products and waste as fuel. If you produce energy or steam on your site and you have a generator, furnace or boiler with a rated thermal input above the threshold levels, you need a permit from the Northern Ireland Environment Agency (NIEA) or your local council.

You need a Part A pollution prevention and control (PPC) permit for appliances with a rated thermal input of 50 megawatts (MW) or more burning fuels (including those that have passed the NIEA's end-of-waste test).

You need a Part C PPC permit for appliances with a rated thermal input of 20 to 50MW burning fuels (including those that have passed the NIEA's end-of-waste test).

Part A is regulated by the NIEA and Part C by your local council.

Permits for burning waste

Most waste burning activities are covered by the Industrial Emissions Directive (IED). If you burn solid or liquid waste in your furnace or boiler you will usually require a IED-compliant Part A PPC permit.

Permit conditions

If you have a permit it will have conditions that control emissions from your boiler or furnace. You must comply with all of the conditions in your permit. Your permit may contain conditions for levels of noise, vibration, odour, dust and smoke emissions.

Approval to install furnaces

Your local council must approve your plans and specifications before you can use a new furnace (except a domestic furnace) in a building, fixed boiler or industrial plant, or if you make changes to an existing furnace.

Talk to your local council about grit and dust arrestment if you do not have a PPC permit and your furnace is going to be used to burn:

• pulverised fuel
• any other solid matter at a rate of 45.4 kilograms or more an hour
• liquid or gaseous matter at a rate equivalent to 366.4 kilowatts or more

If you install a new furnace, it must be able to operate continuously without emitting smoke when burning the type of fuel it has been designed to use. Planning permission or a building warrant from your local council is not sufficient for you to construct a chimney or plant.

Smoke Control Area restrictions

If you are in a Smoke Control Area, the emission of any smoke at any time from a chimney is an offence, with only a few exceptions: you can only use authorised fuels or exempted furnaces or boilers - find out whether you are in a Smoke Control Area.

Sulphur content of fuel limits

You must not use gas oils with a sulphur content higher than 0.1 per cent by weight.

You must not use heavy fuel oils with a sulphur content higher than one per cent by weight.

Chimney and emission requirements

You must meet any chimney and emission requirements that your local council applies to your furnace or boiler.

A boiler or furnace burning fuel normally releases smoke through a chimney. Smoke darker than a specified shade of grey is officially classified as 'dark smoke'.

You must not cause or allow emissions of dark smoke from your chimney.

Authorisations for boilers and furnaces

You must make sure that you comply with any emission limits required by permits or authorisations.

Chimney height requirements

Your chimney must be high enough to prevent smoke, grit, dust, gases and fume emissions from damaging health or causing a nuisance. Your local council can refuse approval for a chimney that is not a sufficient height.

You must obtain approval from your local council for a chimney by satisfying them that your chimney will be tall enough to prevent its emissions becoming a nuisance.

Your application must contain details of:

• the purpose of the chimney
• the position and type of local buildings
• local ground levels
• any other issues that must be taken into account

Your local council may apply certain conditions to their approval such as the rate and quality of emissions from your chimney.

A chimney may be exempt if it is used as part of:

• a temporary replacement, for example if the boiler or furnace is being repaired
• a temporary source of heat or power for building works
• an auxiliary plant to bring the main plant up to operating temperatures
• a mobile source of heat or power for agricultural purposes

If your use of the chimney changes you must re-apply for approval for the new emissions.

You are committing an offence if you use the chimney without approval from your district council.

Boiler emission requirements

You must fit all boilers with grit and dust arrestment equipment. You can apply to your local council for an exemption, but this will only be granted if the boiler will not create emissions that could damage health or cause a nuisance. For further information you should contact your local council.

Smoke, grit and dust emission limits

Your local council can apply limits on emissions of smoke, grit and dust you produce. If you exceed these limits you may be committing an offence and could be prosecuted. Your local council is likely to set limits for sites with a history of complaints, or sites that use fuel or procedures they were not designed to use.

You should use the best practical means to minimise emissions, for example:

• fit grit and dust arrestment filters
• inspect boilers, furnaces and filter equipment regularly for correct operation
• install filter performance monitors

See checking and controlling air pollution.

Good practice to limit emissions

Inspect your emissions regularly so you can detect problems early. Plan and carry out maintenance to ensure that your furnace and boiler meets air emission standards and operates efficiently.

Use cleaner fuels, such as gas, to limit the environmental impact of your furnace and boiler.

Any emissions you cause that affect your neighbours' use and enjoyment of their premises could be a nuisance. For example, if your business is in a residential area and your processes emit dust and fumes, your neighbours have the right to complain. Statutory nuisances from air pollution include:

• dust
• fumes
• odour
• smoke
• gases

If you cause but fail to deal with a nuisance problem you could face legal action and/or a fine. Your local council or the Northern Ireland Environment Agency (NIEA) could restrict or stop your business activities.

The best way to avoid legal action is to not create a nuisance in the first place. You can achieve this by maintaining equipment properly, monitoring your emissions so you can detect potential problems as soon as possible and keeping your neighbours informed of changes.

Local council air pollution controls

Local councils monitor air quality. If air quality fails to meet the required standards, they must declare an Air Quality Management Area (AQMA) and set out a plan for making improvements.

If your business is in an AQMA, you could be affected by:

• the introduction of road charging
• parking restraints
• increased restrictions on waiting and loading times
• taxes to encourage moving freight by rail rather than road
• the review of planning applications by a pollution control team

Find out whether you are in an Air Quality Management Area.

Your local council can also declare a Smoke Control Area, which means that you can use only authorised fuels or exempted furnaces or boilers. In such areas, the emission of any smoke at any time from a chimney is an offence, with only a few exceptions. You could be fined up to £1,000 for each offence.

If you are a contractor and work at different locations you should check with the local council in each of these locations about their Smoke Control Areas - find out whether you are in a Smoke Control Area.