Protection of the Environment Operations (General) Regulation 2009
Current version for 1 May 2020 to date (accessed 25 May 2020 at 12:49)
Chapter 4 Part 3
Part 3 Estimation techniques
67   Emission and transfer estimation techniques
In estimating emission data and mandatory transfer data for the purposes of reporting information required under Part 2, each occupier of a reporting facility must use one of the following estimation techniques—
(a)  the estimation technique set out in any industry reporting materials applying to the facility,
(b)  any of the methods provided in the load calculation protocol (within the meaning of Part 1 of Chapter 2) for the relevant activity,
(c)  another estimation technique approved by the EPA for the facility under this Part.
68   Application for approval of estimation technique
(1)  The occupier of a reporting facility may apply to the EPA for approval of an estimation technique for emission or mandatory transfer data.
(2)  The application must be in writing, setting out the technique for which approval is sought and giving the information necessary to enable the EPA to determine the application.
(3)  The EPA may, by written notice given to the occupier, ask the occupier to give to the EPA, in the reasonable period specified in the notice, further relevant information to enable the EPA to determine the application.
(4)  Without limiting the circumstances in which the EPA may refuse to approve the technique, the EPA may do so if the EPA has given the occupier a notice under subclause (3) and the occupier does not comply with the request in the period specified in the notice.
69   Determination of application
(1)  The EPA may determine an application by approving the estimation technique (subject to such modifications as the EPA considers appropriate) or refuse to approve the technique.
(2)  In deciding whether to approve the technique the EPA must have regard to the accuracy of the technique compared with the accuracy of estimation techniques in the relevant industry reporting materials for the reporting facility concerned.
(3)  On making a determination under this clause, the EPA must give the occupier written notice of the determination.
(4)  If the EPA approves the technique subject to any modification, or refuses to approve the technique, the notice must specify the reasons for any such modification or refusal.
(5)  The EPA is taken to have refused to approve the technique if the EPA has not given the occupier written notice of the decision—
(a)  except as provided by paragraph (b), within 60 days after the application has been made, or
(b)  in a case where the occupier has given the EPA further information in response to a written notice from the EPA—within 60 days after the EPA has received the further information.