2011 No. 2933
The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2011
The Secretary of State in relation to England, and the Welsh Ministers in relation to Wales, have in accordance with section 2(4) of that Act consulted—
(b) such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small businesses as they consider appropriate; and
(c) such other bodies or persons as they consider appropriate.
The Secretary of State in relation to England, and the Welsh Ministers in relation to Wales, make the following regulations.
S-1
Citation and commencementCitation and commencement
1. These Regulations—
(a) may be cited as the Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2011;
(b) come into force on 1st January 2012.
Amendments to the Environmental Permitting (England and Wales) Regulations 2010
2.—(1) The Environmental Permitting (England and Wales) Regulations 2010are amended as follows.
(2) In Part B of Section 1.2 of Part 2 of Schedule 1—
(a)
(a) for paragraphs (d) and (e) substitute—
“(d)
“(d) Motor vehicle refuelling activities at an existing service station after the prescribed date, if the throughput of petrol at that service station in any 12 month period is in excess of 3000 m3.
(e)
(e) Motor vehicle refuelling activities at a new service station, if the throughput of petrol at that service station in any 12 month period is, or is intended to be in excess of 500 m3.”;
(b)
(b) after paragraph (e) insert—
“(f)
“(f) Motor vehicle refuelling activities at a new service station if the throughput of petrol at that service station in any 12 month period is, or is likely to be in excess of 100 m3 and it is situated under permanent living quarters or working areas.
(g)
(g) Any service station which undergoes a major refurbishment must be treated as a new service station.”.
(3) In Section 1.2 of Part 2 of Schedule 1, inInterpretation of Part B—
(a)
(a) for the definition of “new service station” substitute—
““new service station” means, in relation to service stations to which paragraph (e) of Part B applies, those which are put into operation on or after 1st January 2010, and in relation to service stations to which paragraph (f) of Part B applies, those which are put into operation on or after 1st January 2012.”;
(b)
(b) for the definition of “prescribed date” substitute—
““prescribed date” means 31st December 2011 if the throughput is in excess of 3500 m3and 31st December 2018 if the throughput is in excess of 3000 m3.”;
(c)
(c) in the definition of “service station” insert at the end “but does not include any service station exclusively used in association with the construction and delivery of new motor vehicles”.
(d)
(d) for paragraph 2 substitute—
“2. Any other expressions used in Part B which, in relation to paragraphs (b) and (c), are also used in Directive 94/63/ECon the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations, or in relation to paragraphs (d) to (g), are also used in Directive 2009/126/ECon Stage II petrol vapour recovery during refuelling of motor vehicles at service stationshave the same meaning as in those Directives.”.
(4) For Schedule 18 substitute—
“SCHEDULE 18
Regulation 35(2)(l)
Petrol Vapour Recovery
PART 1
PVR I
Application
1 This Part applies in relation to every Part B activity falling within paragraphs (b) and (c) of Part B of Section 1.2 of Part 2 of Schedule 1.
Interpretation
2 In this Part, “PVR I” means European Parliament and Council Directive 94/63/ECon the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations.
Exercise of relevant functions
3.—(1) The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of PVR I—
(a)
(a) Article 3(1), first paragraph;
(b)
(b) Article 4(1), first and last paragraphs, and 4(3);
(c)
(c) Article 6(1), first paragraph.
(2) When interpreting PVR I for the purposes of this paragraph—
(a)
(a) in point 1 of Annex I, “special landscape areas which have been designated by national authority” includes the Broads, the New Forest and any National Park or Area of Outstanding Natural Beauty; and
(b)
(b) ignore points 2.3, 3.2, and 3.5 of Annex IV.
PART 2
PVR II
Application
1 This Part applies in relation to every Part B activity falling within paragraphs (d) to (g) of Part B of Section 1.2 of Part 2 of Schedule 1.
Interpretation
2 In this Part, “PVR II” means Directive 2009/126/ECof the European Parliament and of the Council on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations.
Exercise of relevant functions
3.—(1) The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of PVR II—
(a)
(a) Article 3;
(b)
(b) Article 4;
(c)
(c) Article 5.
(2) But when interpreting PVR II for the purposes of this paragraph—
(a)
(a) in Articles 3, 4 and 5, ignore the words “member states shall ensure that” where they occur;
(b)
(b) in Article 4, ignore the words “with effect from the date on which Stage II petrol vapour recovery systems become mandatory...
