The Pollution Prevention and Control (England and Wales) (Amendment) and Connected Provisions Regulations 2004
| Jurisdiction | UK Non-devolved |
| Citation | SI 2004/3276 |
| Year | 2004 |
2004 No. 3276
ENVIRONMENTAL PROTECTION, ENGLAND AND WALES
The Pollution Prevention and Control (England and Wales) (Amendment) and Connected Provisions Regulations 2004
Made 9th December 2004
Laid before Parliament 10th December 2004
Coming into force 1st January 2005
The Secretary of State, in exercise of the powers conferred on her by section 2 of the Pollution Prevention and Control Act 19991, having, in accordance with subsection (4) of that section, consulted the Environment Agency, such bodies or persons appearing to her to be representative of the interests of local government, industry, agriculture and small businesses respectively as she considers appropriate and such other bodies and persons as she considers appropriate, hereby makes the following Regulations:
Citation and commencement and application
1.—(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.
Amendment to the Pollution Prevention and Control (England and Wales) Regulations 2000
2.—(1) The Pollution Prevention and Control (England and Wales) Regulations 20002shall 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)
(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)
(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)
“(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 “100m3” by the figure “500m3”;
(c)
(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)
(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)
“(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)
(iii) the plant uses a vacuum furnace of any design holding capacity.”;
(e)
(e) in Part B of Section 4.1 (Organic Chemicals)—
(i) for paragraph (a), substitute the following paragraph —
“(a)
“(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)
“(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)
(f) in Part A(1) of Section 4.2 (Inorganic Chemicals)—
(i) for paragraph (b), substitute the following paragraph—
“(b)
“(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)
“(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)
(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)
“(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)
(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)
“(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)
“(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)
“(vii) Animal carcasses as regulated by Regulation (EC) No. 1774/2002of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption3; or”;
(i)
(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 19914,
by means of a mobile plant.”;
(j)
(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)
(k) in paragraph (a)(ii) of Part A(1) of Section 6.3 (Tar and Bitumen Activities), delete the words “or bitumen”;
(l)
(l) in paragraph (a) of Part B of Section 6.6 (Timber Activities), after the word “drilling,” insert the word “sanding,”;
(m)
(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–
(i) 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
(ii) 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)
(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)
(b) at the end of sub-paragraph (2)(b), insert the word “and” followed by a new...
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