Health and Safety (Emissions into the Atmosphere) Regulations 1983
| Jurisdiction | UK Non-devolved |
| Citation | SI 1983/943 |
| Year | 1983 |
1983 No. 943
HEALTH AND SAFETY
The Health and Safety (Emissions into the Atmosphere) Regulations 198329thJune 1983
14thJuly 1983
5thAugust 1983
Whereas the Health and Safety Commission has submitted to the Secretary of State under section 11(2)(d) of the Health and Safety at Work etc. Act 1974(a) ("the 1974 Act") proposals for making Regulations after the carrying out by the said Commission of consultations in accordance with section 50(3) of the 1974 Act:
And whereas, under section 80(1) of the 1974 Act it appears to the Secretary of State that the repeal of section 11(2) of the Clean Air Act 1968(b) and of section 78(3) of the Control of Pollution Act 1974(c), and the modification of section 92(2) of the Public Health Act 1936(d) which are made by Regulation 7 of these Regulations and the revocation of the Alkali &c. Works Orders 1966 and 1971 by Regulation 8 of these Regulations are expedient in connection with the other provisions of these Regulations and whereas in accordance with section 80(4) of the 1974 Act he has consulted such bodies as appear to him to be appropriate:
Now, therefore, the Secretary of State in exercise of the powers conferred on him by sections 1(1)(d), 5(3), 15(1) and (3)(a), 49(1), (2) and (4) and 80(1), (2)(a) and (b) and (4) of the Health and Safety at Work etc. Act 1974(e) and of all other powers enabling him in that behalf and so as to give effect without modification to the said proposals of the Commission and to the said repeals, modification and revocations of enactments hereby makes the following Regulations.
Citation and commencement
1. These Regulations may be cited as the Health and Safety (Emissions into the Atmosphere) Regulations 1983 and shall come into operation on 5th August 1983.
(a) 1974 c. 37.
(b) 1968 c. 62.
(c) 1974 c. 40, amended by S.I. 1974/2170.
(d) 1936 c. 49.
(e) Section 15 was amended by the Employment Protection Act 1975 (c. 71), section 116 and Schedule 15, para 6; section 49 by para 15 of that Schedule and section 80(4) by para 19 of that Schedule.
Interpretation
2.—(1) In these Regulations—
"the 1906 Act" means the Alkali &c. Works Regulation Act 1906(a);
"the 1974 Act" means the Health and Safety at Work etc. Act 1974;
(2) Notwithstanding the definition of premises in section 53(1) of the 1974 Act, in these Regulations premises does not include any vehicle, vessel, aircraft or hovercraft.
(3) In these Regulations, any reference to works includes a reference to the materials used in and the products of those works in so far as they are treated, handled or stored by methods which cause noxious or offensive substances to be evolved from those works.
Prescribed classes of premises for the purposes of section 1(1)(d) of the 1974 Act
3. The prescribed classes of premises for the purposes of section 1(1)(d) of the 1974 Act shall be the following classes, namely, those parts of any premises on which any of the works specified in Schedule 1 to these Regulations are carried on and any reference in that Schedule to a noxious or offensive gas shall include a reference to any substance mentioned in Schedule 2 to these Regulations.
Substances deemed to be noxious or offensive for the purposes of section 5(1) of the 1974 Act
4. Substances which are prescribed as noxious or offensive for the purpose of section 5(1) of the 1974 Act shall comprise the substances specified in Schedule 2 to these Regulations.
Amendment of the 1906 Act
5. The 1906 Act shall be amended as follows—
(a) for "muriatic" wherever it appears in the Act, substitute "hydrochloric";
(b) in section 9(1), for "a scheduled work" substitute "or any works specified in Schedule 1 to the Health and Safety (Emissions into the Atmosphere) Regulations 1983";
(c) in section 9(5)—
(i) for "an alkali or scheduled work" substitute "an alkali work or any works specified in Schedule 1 to the Health and Safety (Emissions into the Atmosphere) Regulations 1983"; and
(ii) after the words "requirements of this Act" insert the words "or of Part I of the Health and Safety at Work etc. Act 1974";
(d) in section 27(1), for the definition of "The expression 'noxious or offensive gas" substitute the following definition—
(a) 1906 c. 14.
"The expression 'noxious or offensive gas' includes any substance set out in Schedule 2 to the Health and Safety (Emissions into the Atmosphere) Regulations 1983".
Amendments to the 1906 Act to substitute metric quantities for imperial quantities
6. The provisions of the 1906 Act specified in Schedule 3 in column 1 shall be amended by substituting for the quantities set out opposite thereto in column 3 the quantities set out in the corresponding entry in column 4.
Repeals and Modification
7.— (1) The following enactments are hereby repealed—
(a) sections 6 and 7 of, and Schedule 1 to, the 1906 Act;
(b) section 11(2) of the Clean Air Act 1968;
(c) section 78(3) of the Control of Pollution Act 1974.
(2) At the end of section 92(2) of the Public Health Act 1936 there shall be added the words, "or for a failure to discharge the duty under section 5 of the Health and Safety at Work etc. Act 1974".
Revocations
8. The following Orders are hereby revoked—
(a) The Alkali &c. Works Order 1966(a);
(b) The Alkali &c. Works Order 1971(b);
(c) The Alkali &c. Works (Scotland) Order 1972(c).
(a) S.I. 1966/1143.
(b) S.I. 1971/960.
(c) S.I. 1972/1330 (S. 98).
Regulation 3
SCHEDULE 1
List of Works
Acetylene works
Works in which acetylene is made and used in any chemical manufacturing process.
Acrylates works
Works in which acrylates are—
(a) made or purified; or
(b) made and polymerised; or
(c) purified and polymerised; or
(d) stored and handled in fixed tanks with an aggregate capacity exceeding 20 tonnes.
Aldehyde works
Works in which formaldehyde, acetaldehyde or acrolein or the methyl, ethyl or propyl derivatives of acrolein are made.
Aluminium works
Works in which—
(a) oxide of aluminium is extracted from any ore; or
(b) aluminium is extracted from any compound containing aluminium by a process evolving any noxious or offensive gases; or
(c) aluminium swarf is degreased by the application of heat; or
(d) aluminium or aluminium alloys are recovered from aluminium or aluminium alloy scrap fabricated metal, swarf, skimmings, or other residues by melting under flux cover; or
(e) aluminium is recovered from slag or drosses; or
(f) molten aluminium or aluminium alloys are treated by chlorine or its compounds; or
(g) materials used in the above processes or the products thereof are treated or handled by methods which cause noxious or offensive gases to be evolved.
Amines works
Works in which—
(a) any methylamine or any ethylamine is made; or
(b) any methylamine or any ethylamine is used in any chemical process.
Ammonia works
Works in which ammonia is—
(a) made or recovered; or
(b) used in the ammonia-soda process; or
(c) used in the manufacture of carbonate, hydroxide, nitrate or phosphate of ammonia, or urea or nitriles; or
(d) stored and handled in anhydrous form in fixed tanks with an aggregate capacity exceeding 100 tonnes.
Anhydride works
Works in which acetic, maleic or phthalic anhydrides or the corresponding acids are made or recovered.
Arsenic works
Works for the preparation of arsenious acid, or where nitric acid or a nitrate is used in the manufacture of arsenic acid or an arsenate and works in which any volatile compound of arsenic is evolved in any manufacturing process and works in which arsenic is made.
Asbestos works
Works in which—
(a) raw asbestos is milled, ground, opened or blended prior to use in a manufacturing operation; or
(b) asbestos is used in the manufacture of—
(i) asbestos cement; or
(ii) asbestos cement pipes; or
(iii) asbestos insulating board; or
(iv) asbestos textiles; or
(v) asbestos jointing or packing materials; or
(vi) asbestos brake or clutch materials; or
(vii) asbestos floor coverings; or
(viii) fillers or reinforcements; or
(c) crocidolite is stripped from railway vehicles other than as part of repair or maintenance or during vehicle recovery after an accident; or
(d) railway vehicles containing crocidolite are destroyed by burning at purpose built installations.
Benzene works
Works (not being tar works or bitumen works as defined in this Schedule) in which—
(a) any wash oil used for the scrubbing of coal gas is distilled; or
(b) any crude benzol is distilled; or
(c) benzene is distilled or recovered.
Beryllium works
Works in which—
(a) any ore or concentrate or any material containing beryllium or its compounds is treated for the production of beryllium or its alloys or its compounds; or
(b) any material containing beryllium or its alloys or its compounds is treated, processed or fabricated in any manner giving rise to dust or fume.
Bisulphite works
(a) Works in which sulphurous acid is used in the manufacture of acid sulphites of the alkalis or alkaline earths; or
(b) works, not defined...
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