The Pollution Prevention and Control (England and Wales) (Amendment) and Connected Provisions Regulations 2004

• Citation: S.I. 2004/3276
• Sections: 4

Section 1 Citation and commencement and application

(1) These Regulations may be cited as the Pollution Prevention and Control (England and Wales) (Amendment) and Connected Provisions Regulations 2004 and shall come into force on 1st January 2005.

(2) Regulation 3 applies to England only.

Section 2 Amendment to the Pollution Prevention and Control (England and Wales) Regulations 2000

(1) The Pollution Prevention and Control (England and Wales) Regulations 2000 shall be amended as follows.

(2) In regulation 2 (Interpretation: general), delete the definitions of “organic compound” and “volatile organic compound” or “ VOC ”.

(3) Part 1 of Schedule 1 (Activities), shall be amended as follows—

(a) in Part B of Section 1.1 (Combustion Activities)—

(i) in paragraph (a), before the word “rated” insert the word “net” and after the words “but less than” insert the words “a rated thermal input of”;

(ii) in paragraph (c)—

(aa) in sub-paragraph (i), after the words “but at least”, insert the words “a net rated thermal input of”;

(bb) in sub-paragraph (ii), after the words “where the aggregate” insert the words “net”;

(b) in Section 1.2 (Gasification, Liquefaction and Refining Activities)—

(i) in Part A(1), after paragraph (j) insert a new paragraph (k) as follows—

(k) Odorising natural gas or liquefied petroleum gas where that activity is related to a Part A activity.

(ii) under the heading “Interpretation of Part A(1)”—

(aa) in paragraph 1, after the word “sewage” insert the words “or sewage sludge”; and

(bb) in paragraph 3, after the word “wood” insert the words “(but does not include wood which has not been chemically treated).”;

(iii) in paragraph (d) of Part B, substitute the figure “100m 3 ” by the figure “500m 3 ”;

(c) in Section 2.1 (Ferrous Metals)—

(i) in paragraph (b)(ii) of Part A(1), after the word “induction” insert the words “, vacuum, electro-slag”;

(ii) in paragraph (b)(ii) of Part B, after the word “induction” insert the words “,electro-slag”;

(d) in Section 2.2 (Non-Ferrous Metals)—

(i) in paragraph (b)(ii) of Part A(1), after the word “furnace” insert the words “(other than a vacuum furnace)”;

(ii) for paragraph (a)(ii) of Part A(2), substitute the following sub-paragraphs—

(ii) no furnace (other than a vacuum furnace), bath or other holding vessel used in the plant for the melting has a design holding capacity of 5 tonnes or more; or

(iii) the plant uses a vacuum furnace of any design holding capacity.

(e) in Part B of Section 4.1 (Organic Chemicals)—

(i) for paragraph (a), substitute the following paragraph —

(a) Unless falling within Part A(1) of this Section, any activity where the carrying on of the activity by the person concerned at the location in question is likely to involve the use in any 12 month period of 5 tonnes or more of any di-isocyanate or of any partly polymerised di-isocyanate or, in aggregate, of both.

(ii) after paragraph (c) insert a new paragraph (d) as follows—

(d) Unless falling within Part A(1) of this Section, any activity involving the use of toluene di-isocyanate or partly polymerised di-isocyanate if—

(i) less than 1 tonne of toluene di-isocyanate monomer is likely to be used in any 12 month period; and

(ii) the activity may result in a release into the air which contains toluene di-isocyanate.

(f) in Part A(1) of Section 4.2 (Inorganic Chemicals)—

(i) for paragraph (b), substitute the following paragraph—

(b) Unless falling within another Section of this Schedule, any manufacturing activity which is likely to result in the release into the air of any hydrogen halide (other than the manufacture of glass or the coating, plating or surface treatment of metal) or which is likely to result in the release into the air or water of any halogen or any of the compounds mentioned in paragraph (a)(vi) (other than the treatment of water).

(ii) for paragraph (h), substitute the following paragraph —

(h) Unless falling within another Section of this Schedule, any activity, other than the combustion or incineration of carbonaceous material as defined in the Interpretation of Part A(1) of Section 1.2 of this Schedule, which is likely to result in the release into the air of any acid-forming oxide of nitrogen.

(g) in Part A(1) of Section 4.7 (Manufacturing Activities Involving Carbon Disulphide or Ammonia)—

(i) for paragraph (a), substitute the following paragraph—

(a) Unless falling within Part A2 of Section 6.7 (Activities involving rubber), any manufacturing activity which may result in the release of carbon disulphide into the air.

(ii) in paragraph (b), delete the words “involves the use of ammonia or”;

(h) in Section 5.1 (Incineration and Co-incineration of Waste)—

(i) in Part A(1), after paragraph (e) insert a new paragraph (f) as follows—

(f) The incineration other than incidentally in the course of burning solid or liquid waste, of any gaseous compound containing halogens in a plant which is not an incineration plant or a co-incineration plant.

(ii) in Part A(2), after paragraph (b) insert a new paragraph (c) as follows—

(c) The incineration of animal carcasses or animal waste in a plant, which is not an incineration plant or a co-incineration plant, with a capacity of more than 10 tonnes per day but less than 1 tonne per hour of animal carcasses or animal waste or, in aggregate, of both.

(iii) in the definition of “excluded plant” under the heading “Interpretation of Section 5.1”, for paragraph (a)(vii) substitute the following paragraph—

(vii) Animal carcasses as regulated by Regulation ( EC ) No. 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption ; or

(i) under the heading “Interpretation of Part A(1)” in Section 5.3 (Disposal of Waste Other Than by Incineration or Landfill), for paragraph 3 substitute the following paragraph—

(3) Nothing in this Part applies to the treatment of—

(a) waste soil; or

(b) contaminated material, substances or products, for the purpose of remedial action with respect to land or controlled waters, as defined in section 104 of the Water Resources Act 1991 ,

by means of a mobile plant.

(j) under the heading “Interpretation of Part A(1)” in Section 5.4 (Recovery of Waste), for paragraph 2 substitute the following paragraph—

(2) Nothing in this Part applies to the treatment of —

(a) waste soil; or

(b) contaminated material, substances or products, for the purpose of remedial action with respect to land or controlled waters, as defined in section 104 of the Water Resources Act 1991,

by means of a mobile plant.

(k) in paragraph (a)(ii) of Part A(1) of Section 6.3 (Tar and Bitumen Activities), delete the words “or bitumen”;

(l) in paragraph (a) of Part B of Section 6.6 (Timber Activities), after the word “drilling,” insert the word “sanding,”;

(m) in paragraph (2) of Part B of Section 7 ( SED Activities)—

(i) after the definition of “manufacturing of pharmaceutical products”, insert a new definition as follows—

“organic compound” means any compound containing at least the element carbon and one or more of hydrogen, halogens, oxygen, sulphur, phosphorus, silicon or nitrogen, with the exception of carbon oxides and inorganic carbonates and bicarbonates;

(ii) after the definition of “vehicle refinishing”, insert a new definition as follows—

“volatile organic compound” or “VOC” means–

any organic compound having a vapour pressure of 0.01 kPa or more at 293.15K or having a corresponding volatility under the particular conditions of use; or

the fraction of creosote which exceeds a vapour pressure of 0.01 kPA at 293.15K;

(4) In Part 2 of Schedule 1 (Interpretation of Part 1), after paragraph 3 insert a new paragraph as follows—

(3A)

(1) An activity shall not be taken to be an activity falling within Sections 1.1 to 6.9 of Part 1 if it is carried out at an installation or mobile plant solely used for research, development and testing of new products and processes.

(5) Paragraph 17 of Part 3 of Schedule 1 (Interpretation of “Part A Installation” etc. ), shall be amended as follows—

(a) in sub-paragraph (2)(a) —

(i) after the words “falling within” insert the words “Part A(2) or”; and

(ii) after the words “waste incineration installation” delete the word “and”;

(b) at the end of sub-paragraph (2)(b), insert the word “and” followed by a new sub-paragraph (c) as follows—

(c) the disposal or recycling of animal carcasses or animal waste by rendering in a plant with a capacity exceeding 10 tonnes per day of animal carcasses or animal waste, or, in aggregate, of both

(6) Schedule 3 (Prescribed Date and Transitional Arrangements), shall be amended as follows—

(a) in the table in paragraph 2(2) of Part 1—

(i) for the words—

substitute the words—

(ii) after the words—

insert the words—

(b) in paragraph 2(6), for the words “3 months” substitute the words “28 days”;

(c) in the definition of “determination date” in paragraph 6, after sub-paragraph (c) insert a new sub-paragraph (d) as follows—

(d) for an installation, part of an installation or mobile plant in relation to which an application is withdrawn in accordance with regulation 7(6) or deemed to have been withdrawn in accordance with paragraph 4 of Schedule 4, the date the application is withdrawn, or deemed to have been withdrawn;

(d) in the table in paragraph 10(1) of Part 2, for the words—

substitute the words —

(7) Schedule 4 (Grant of Permits), shall be amended as follows—

(a) in paragraph 5, after the words “the date on which his application is” insert the word “duly”;

(b) in paragraph 9(1), for the words “receiving an application” substitute the words “receiving a duly made application”;

(c) in paragraph 15—

(i) in sub-paragraph (1), after the words “on which it received the” insert the words “duly made”;

(ii) after sub-paragraph (2)(c), insert a new sub-paragraph (d) as follows—

(d) where separate applications are made to operate different parts of one installation, any period beginning with the date on which notice is served on any of the applicants under paragraph 4 and ending on the date on which that applicant furnishes the information specified in the notice.

(d) for paragraph 21, substitute the following new paragraphs—

(21) —The requirements of paragraph 9, other than paragraphs 9(b)(ix) and (f), shall not apply in so far as they would require a person mentioned in any of those provisions to be given information which is not included in the register by virtue of regulation 30.

(21A) —Subject to paragraph 22, the requirements of paragraphs 9(1)(b)(ii), (iii) and (iv) and (c), shall not apply in so far as they would require a person mentioned in any of those provisions to be given information which is not included in the register by virtue of regulation 31.

(e) in paragraph 22, for the words “Paragraph 21” substitute the words “Paragraph 21A”;

(8) In paragraph 14 of Schedule 7 (Variation of Conditions), for the words “Paragraphs 21 and 22” substitute the words “Paragraphs 21, 21A and 22”.

(9) In paragraph 1 of Schedule 9 (Registers), after sub-paragraph (aa) insert a new sub-paragraph (bb) as follows—

(bb) all particulars of any fees and charges paid to the local authority regulator pursuant to a scheme made by the Secretary of State under regulation 22 and details of the total expenditure incurred by the local authority regulator in exercising their functions under these regulations in relation to local authority permits.

Section 3 Amendment to the Waste Management Licensing Regulations 1994

(1) Regulation 16 of The Waste Management Licensing Regulations 1994 (Exclusion of activities under other control regimes from waste management licensing), shall be amended as follows.

(2) In paragraph 1(ba), for the words “Part A(1) installation” substitute the words “Part A installation”.

(3) In paragraph (3), for the words “Part A(1) installation” substitute the words “Part A installation”.

Section 4 Transitional Provisions

(1) Where an application for a permit is made before the date of coming into force of these Regulations in relation to an installation or mobile plant and by virtue of these Regulations—

(a) the installation or mobile plant is reclassified as falling within a different Part in any Section of Part 1 of Schedule 1 (Activities) to the 2000 Regulations ; or

(b) the relevant period or the relevant date for the installation or mobile plant is deferred to a period or a date after the date of coming into force of these Regulations,

anything duly done in relation to the application (including the grant of a permit) shall be treated as if it had been duly done in relation to an application for a permit made on or after the date of coming into force of these Regulations.

(2) For the purposes of this regulation—

(a) “the 2000 Regulations” means the Pollution Prevention and Control (England and Wales) Regulations 2000; and

(b) words and expressions which are used or defined in the 2000 Regulations, shall have the same meaning as in those Regulations.