New EPA Guidance on Nitrogen Deposition

The Environmental Protection Agency (EPA) has issued “Licence Application Instruction Note 2 (IN2) (Draft): Assessing the Impact of Ammonia Emissions to Air and Nitrogen Deposition from EPA licensable activities on European Sites.” IN2 outlines a detailed framework for assessing the impact of ammonia emissions and nitrogen deposition from licensed facilities on European/Natura Sites. It is essential to understand how this instruction note will impact the licence/licence review application process for industrial facilities in proximity to these sensitive ecological receptors.

Appropriate Assessment is required to be undertaken by the EPA during the licensing application stage. Appropriate Assessment (AA) is an assessment of the potential adverse effects of a plan or project (in combination with other plans or projects) on Special Areas of Conservation and Special Protection Areas (Natura 2000 Sites).

Significant negative impacts on ecosystems can occur due to the deposition of reactive nitrogen; which can come in either its reduced forms of ammonia or ammonium, or as oxides of nitrogen (NOx). The deposition of ammonia and/or nitrogen can result in acidification, eutrophication, and direct foliar damage to vegetation. The impact from ammonia emissions and nitrogen deposition on biodiversity and ecosystems within Natura 2000 sites must therefore be considered during the Appropriate Assessment.

Purpose of the Instruction Note

European Sites are legally protected due to their ecological importance, and stringent assessment must be made to ensure compliance with the EU Habitats Directive (92/43/EEC) and the EU Birds Directive (2009/147/EC). European Sites (also referred to as Natura 2000 Sites) consist of Special Protection Areas (SPAs) and Special Areas of Conservation (SACs).

The aim of IN2 is to aid applicants, at the licence/licence review application stage, in determining whether ammonia emissions and nitrogen deposition from their installations pose significant risks to nearby European Sites. If your industrial facility has emissions to atmosphere, particularly ammonia and nitrogen oxides, and is within the vicinity of a European Site, this instruction note will apply to you. It should be noted that this instruction note does not apply to intensive agriculture sites. The EPA has issued a separate instruction note for the assessment of the impact of ammonia and nitrogen on Natura 2000 Sites from intensive agriculture installations (IN1).

Key Requirements for Applicants

1. Air Dispersion Modelling: As part of the process, you will need to conduct air dispersion modelling (ADM) of ammonia and nitrogen oxides emissions, and determine the nitrogen deposition as a result.

2. Assessing Critical Levels and Critical Loads: Applicants must identify all European Sites within their facility’s “zone of influence.” For each European Site, information will need to be gathered on critical levels (for ammonia concentrations) and critical loads (for nitrogen deposition) specific to the habitats and species of concern. For the purposes of the assessment, the EPA requires that the lowest value in the range for critical loads/levels is used, unless clear justification is provided otherwise.

3. Appropriate Assessment (AA) Screening: The EPA will determine whether your licence requires an Appropriate Assessment (AA) based on the impact of your emissions. If your facility’s emissions are within 250 m of a European Site or exceed 1% of the critical levels or critical loads, an AA will be required. The AA process evaluates whether emissions, alone or in combination with others, are likely to negatively impact the integrity of protected habitats or species.

4. Natura Impact Statement: If an AA is required, a Natura Impact Statement (NIS) must accompany your licence application. This report involves an in-depth analysis of how a site’s emissions will affect the conservation objectives of the nearby European Sites. At this stage, a detailed ADM report is required in conjunction with the NIS. The ADM must take account of effects which might arise in-combination with other plans and projects in addition to the Background Concentration (BC) to obtain a worst-case Predicted Environmental Concentration (PEC) at appropriate locations within each of the European Sites in the facility’s zone of influence. The BC for ammonia and nitrogen deposition at European Sites can be obtained using the online mapping tool APIS. It is also possible to use site-specific monitoring data at this stage. However, IN2 states that where an applicant proposes to use other site-specific background data, clear scientific justification must be provided.

If the Background Concentration of ammonia or nitrogen deposition already exceeds the critical level/load at a European Site, no additional emissions that represent a risk of adverse effects on the integrity of a European Site can be authorised.

Where an existing facility already contributes to an exceedance of the relevant critical level or critical load, it will be necessary to demonstrate that no net increase, or a net reduction in emissions, will be achieved in order to conclude that there will be no adverse effect on the integrity of a European Site.

If you would like to read the full instruction note issued by the EPA, please click here. Please note that IN2 is currently in draft format. If you wish to make any comments on the contents of the instruction note, email licensing@epa.ie.

October 2024